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VOL 007 (05-08-1989 to 07-01-1990)REGULAR MAY TERM HELD MAY 8, 1989 THE STATE OF TEXAS X X COUNTY OF CALHOUN X ,`• BE IT REMEMBERED, that on this the 8th day of May, A. D. 1989 there was begun and holden at the 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: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: AUDIT, 1988 The 1988 Audit prepared by Bumgardner, Morrison & Company was reviewed whereupon a motion was made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the report be accepted and filed with the County Clerk. • BIDS AND PROPOSALS - HOSPITAL, VENTILATOR Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the County Auditor be authorized to advertise for bids for a ventilator with bid opening set for June 12th, 1989. UTILITY PERMIT - GENERAL TELEPHONE COMPANY, PRECINCT NO. 1 Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that GTE be authorized to bury cable along the county road leading to Powderhorn Community, near Indianola Beach. (Permit recorded on Pg. 2-4 • RESOLUTION - HOUSE BILL 2335 & SENATE BILL 1169, JAIL Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the following Resolution be adopted opposing HB2335 and SB1169 and that the County Judge forward it to the necessary parties. (Resolution recorded on Pg. 5) MC 600667 . ED-185 (l1EV.1-88) ® GTE Southwest NOTICE OF COMMUNICATION • Incorporated LINE INSTALLATION DATE 0 5-01-89 TO THE COMMISSIONER'S COURT OF CALHOUN COUNTY ATTENTION COUNTY JUDGE: Alex R. Hernandez Calhoun County Courthouse Port Lavaca, Texas 77979 Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in CALHOUN County, PORT LAVACA, TEXAS as follows: Beginning at the south side of the bride on the county road leading to Powderhorn Community, near Indianola Beach, GTE proposes to extend buried cable for 735' around the curve to the corner of Comal Street and La Salle Drive. At this point, the buried cable will turn south onto the east right-of-way of La Salle Drive and will extend south for an additional 758'. All proposed cable will be extended 3.5' inside the east right-of-way and • will be plowed or trenched to a minimum depth of 30". See Attached Sketch. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after May 10, 19 89 GTE SOUT�WEST 'INCORPORATED By Md PAT I K J.JAA(aPROJECT COORDINATOR Address P. O. BOX 1112 ROBSTOWN, TEXAS 78380 512/387-6433 • • CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: PATRICK J. VAJDOS PROJFCT COORDINATOR P. 0. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 05-01-89 except as noted below. • It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Leroy Belk telephone 512/552-9242 Commissioner of Precinct No. 1 , forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 8th day of May , 19 89 , and duly recorded in the Minute Book of the Commissioner's Court of Calhoun County, Texas. 3 So' ZiVD/A/JOLA CEMGTA.CY AREA JL7J/if/ TEXAS TAX DIST. EnDT�D ar JP .JAC.FSO.✓DATe `,t"/4-89 ORA"er /P G�A�KSoA/DAn �'/'9' 09 wprwpvED er�1�.' 1J' DAT. 4 - � 9 REVISED BY DArc LJ EX/ST/NG GAB/�' .GTE' To /t°EMA/N IN L/i,F— , - EX/5T/NL• GTE CALizE % Br F%AND�^NEDs 17"12 SCD GTE CABLE. 1 2 •s 5o %5B .3 S L J 25� ON EALNS/DE n �F %NECCN TL'RL/NL. D U / MC 600660 ZCINCED-1731REV.1-661 .t T ® Southwest I.00ATXJl1 I 27 ocscwlrtX�n COU �/ .Yirl/ 13UR/L<D C.96tG CAL.NovNCao:vrY SCAT /✓aNE SHEET J or q- RESOLUTION STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, the Calhoun County Adult Detention Center is being strained far beyond its capacity by the necessity to hold prisoners who have been sentenced to the Texas Department of Corrections, and who are rightfully the responsibility of the State; and • WHEREAS, a high percentage of the inmates of our County Jail are State prisoners, a situation which brings about over -crowded conditions and makes it difficult for the County to comply with provisions of the DEVONISH V. GARZA Federal Consent Decree and with Texas Jail Standards; and WHEREAS, House Bill 2335 and Senate Bill 1169 are currently being considered by the Texas Legislature as a comprehensive solution to the problems which have faced the Texas Department of Corrections for more than a decade, and had many worthwhile and praiseworthy provisions; and WHEREAS, House Bill 2335 and Senate Bill 1169 have one provision which would in effect make Counties a branch of the State Prison System by stating that when TDC reaches 95 percent of capacity, it would no longer have a legal duty to accept inmates into the system; and WHEREAS, said provision would formalize and codify the onerous situation which has been in effect since late 1987 and shift to the local taxpayers the burden of caring for prisioners who are rightfully the responsibility of the State. NOW THEREFORE, THE MEMBERS OF THE COMMISSIONERS COURT of the COUNTY OF CALHOUN, hereby urge the members of the Texas Legislature to delete Section 2.02 from House Bill 2335 and Section 3.05 from Senate Bill 1169 so that State and County Government can move forward • as partners and not as adversaries, in the unending battle against crime. �y W.4"el Roy Nil Smith Oscar F. Hahn Commissioner, Precinct #3 Commissioner, Precinct #4 Attest: Mary LcVs McMahan, County Clerk 0 ACCOUNTS ALLOWED - COUNTY Claims totalling $258,599.20 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Belk, seconded by Commissioner Smith, and carried, that laid claims be approved for payment. • ACCOUNTS ALLOWED - HOSPITAL Claims totalling $258,481.88 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. The Court recessed until Friday at 10:00 A. M. MAY 12, 1989 10:00 A. M. ALL MEMBERS PRESENT • FLOOD'INSURANCE APPEALS BOARD Motion by Commissioner Smith, seconded by Commissioner Hahn, and carried, that Irvin Hermes and James Dworaczyk be reappointed to the Flood Insurance Appeals Board for two year terms. AIRPORT BOARD OF ADJUSTMENT Motion by Commissioner Smith, seconded by Commissioner Hahn, and carried, that Lamar Marshall,"_ -Sr. be reappointed to the Airport Board of Adjustment. RESOLUTION - COMMERCIAL BOATS- TAXES • Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the following resolution be passed: n • C • RESOLUTION ON TAXING FISHING BOATS AND EQUIPMENT STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, the Seafood Industry is a vital part of the economy of the State of Texas, including Calhoun County; and WHEREAS, the commercial fishermen use the boats and equipment in the pursuit of this industry and their livelihood; and WHEREAS, the advalorem tax upon these boats and equipment is placing an undue burden upon the industry; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS THAT: 1. The Calhoun County Commissioners Court wholeheartedly supports the commercial fisherman in their opposition of this tax and its collection. 2. The Legislature of the State of Texas, and the Governor of Texas be encouraged to work for the repeal of this tax. PASSED AND APPROVED by the Calhoun County Commissioners Court on this 12th day of May, 1989. ATTEST: Mary ois McMahan County Clerk „ I CONTRACTS AND AGREEMENTS - ADMINISTRATIVE SERVICES, IMPACT STUDY, FORMOSA PLASTICS, GOLDEN CRESCENT REGIONAL PLANNING COMMISSION Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following contract be approved: LETTER OF AGREEMENT • BETWEEN THE GOLDEN CRESCENT REGIONAL PLANNING COMMISSION AND THE COUNTY OF CALHOUN, TEXAS As requested by the County of Calhoun, the Golden Crescent Regional Planning Commission agrees to assist the County in the preparation of the planning activities of areas of Calhoun County, Texas, as prescribed In the contract executed between the County of Calhoun and the Texas Department of Commerce. The Golden Crescent Regional Planning Commission (hereinafter referred to as the Commission) will be responsible for administering the particulars of the contract between the County and the Texas Department of Commerce. Furthermore, the Commission will conduct the work necessary to complete the following activities: TDoC Funds Local Funds Assessment of Formosa Plastics Expansion on Low/Moderate Income Areas of Calhoun County to Include: a) Mapping b) Population c) Housing d) Water Supply, Waste Management, • Drainage e) Economic Development f) Preliminary Recommendations 9) Coordination with previously prepared studies L plans $ 30,000 $ 3,000 TOTAL: $ 33,000 For the services rendered by the Commission, the County of Calhoun will reimburse the Comm:sslon the amount not to exceed thirty-three thousand dollars ($33,000) in accordance with the schedule of work activities and payments as set out in the contract between the County and the Texas Department of Commerce. The Commission will bill the County at the end of the contract (once all work Is completed and accepted by the. County). It should be noted that the County of Calhoun has allocated three thousand dollars ($3,000) for work on this project. Either party to this contract may terminate this contract by giving a thirty (30) day written notice to the other party; all work completed up to such termination shall be the property of the County. It should be expressly understood that by signing this contract that any contractual requirements of the County will be totally assumed by the Commission, where applicable. • IN WITNESS, whereof, the Commission and the County of Calhoun have executed this agreement as of this 12th day of May , 1989. CALHOUN COUNTY ixl 9 GOLDEN CRESCENT REGIONAL PLANNING COMMISSION a trick J. ehnedy Executive irector COUNTY TREASURER'S MONTHLY REPORT The County Treasurer presented her monthly report and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that said report be approved. • TAX ASSESSOR -COLLECTOR MONTHLY REPORT The Tax Assessor -Collector presented her report for the month of March and after reading and verifying same, a motion was made by Commissioner Belk, seconded by Commissioner Hahn, and carried, that said report be approved. ACCOUNTS ALLOWED - COUNTY Claims totalling $48,435.13 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL • Claims totalling $99,680.31 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Smith, and carried, that said claims be approved for payment. HOSPTIAL - CONSTRUCTION OF NEW HOSPITAL, REPORT OF SITE SELECTION COMMITTEE - RECOMMENDATION OF COMMITTEE IS ALCOA DRIVE SITE Members of the Hospital Board, Medical Staff and the Site Selection Committee met with the Court to discuss possible sites for con- struction of a new hospital. A site evaluation report prepared by Urban Engineering of Victoria was made available to members of the Commissioners' Court. The Committee reported the following available tracts: Sorenson Site • Alcoa Drive Site Wilson Site Independence Drive Site LeBow Site #1 LeBow Site #2 Village Road Site Donation Donation $600,000.00 - $800,000.00 Donation Partial Purchase $375,000.00 $600,000.00 - $800,000.00 $600,000.00 - $800,000.00 M The Committee's recommendation to the Commissioners' Court was the Alcoa Drive Site. Judge Hernandez asked citizens present if there was any opposi- tion to the recommendation of the Site Selection Committee. No citizen present voiced any opposition. A motion was made by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the Court accept the recommendation of the Hospital Board and Site Selection Committee as to the Alcoa Drive • Site; that the Court proceed in securing the site and also proceed with building a new hospital; and that the County Judge be authorized to take necessary steps to secure the property. (Commissioner Smith voted No) The Court recommended that the Hospital Board send a letter of thanks to all the people who offered a donation of land. The Court also thanked the Site Selection Committee. malolti Al. ltrnlrnt. Cr11'I'lill CAI.1101111 1:41011'1'Y 110SPII'Al. 5I'1'li Mi1.I:C'I'IUN 011111MIM 1'1111ML iMeoinr tiny 10, 1989 ffemorlal tiedLenl Getter • Cnll,oun County Board of Directors BID U. Ann Port I,nvocn, Texas 77979 bear I)lccc[ocet Flret, on belrnl[ of the cnmmlCtnr•, 1. take tilt" opportunity to think the tiemnrlal. Itedtcnl Ceot,:r'n llonrd of Directors for giving us this opportunity to nrrva our rnimnrtalty need for nitewlnn to" to mnlretatn complete lade lie ndence. As we'll, w.• nrn grateful for the Crurroslty extended to trier rnmmuulty by llr. Nlllntt: Ullsort, fir. Rely Cullen, fir. James Sorenson, fir. .track llorrinon, rend fir. P+tvld I.chgw for thnlr fine offers of doanted Innd. we no,-. nine,, ladehteel to Vlrgll Townley Gala Ilusnell Cnln for their tlrotenn rffoll.i on behnif of our county. ' Tile coimnittee Lank Its clwetge with complete nerlounalvmtn and net out to conclude. with in site that wnnld nerve tJa county no n whole. A Rite with nttrlbuten that w... ild allow un, nul merely le state that it win It good site; but, to nitnw why 11 wee "ll.,•" site. To thin cull, we were eucceneful.. the, cn.mntt L,•e devniaped crlterin with tile help of profeenlonals (cum the medlratprnfeneetns, net well on, ncchttects, engtacere, trn[fle connultnnln, 1. b.• Iriln l,pntl nets lane and, to n great degree, the tax payers of Cnll,aun Comity. We engngnd nip eoglinnrte,)i firm (Ilrbnn nnnlnrering) to trip nip englueering appraisal of the den ll,nnl.nd nitrn. Urbmt Englueering was • chosen, prbnarlly, because. I:hcy are, doing Lite. minter drnlnnge study for the City of part Lnvnenl mid, drnlnngn win n prlmnry ceticern reer the committee. In nddltlnn, ncrmin1ljl1lly wan of pr6ne l)npartnuce to our panel. The engtnenr, In churns of this steady, holds a mnntera degree In trnfflc englocering, 1'Ite runlnrnrl ni; firm win not engnged to select a site, but to supply us with prrllnent I.nfnrmntlon. The committee ntadlyd bra th dinulted alien, an writ in, mites to be purelmme.d. we cnaclnd,td lhnl prap..ity, which lutd horn offered nip n donation for the cnnntruetlnn of n hnnpltnl, wan rqunt to, or exceeded In merlt, that property which would leave to be Iirchnned. An lntrlcnte port of tills filial report In the nonlysls done by Urban Eoglneering. Also, by clearly choosing one nite over all others In not meant to infer that nay other alto in Inferinr In worth. It In Joint that one site nults the needs of Lhn rnnnty morn sit thin the others, no Lt pertnlnn to a hoapltnl locnLlnn... The site recommended by the roimnll:Lma Is Ideal: I.fled as the Alcon Drive site. The committee aabntlLn to you that thla Is ,the,, stte. Drainage at this tocntlon Is exrellrvll'. Arronnlbilll'y In onLatnuling. • This is the only site that In. In rffrrt, served I,y both [IS Iill;hway 87 and State iilghway 35, our main east-we.^.t. and north -south nrtertes to the county. This is n alte tb:tl: In very accraalblr to all. of the cttl.aens of. Calhoun County. In the fulorr, thin she's aCrennlbility wilt he further Improved by :at nvrrpnr,n Illl;hwrry 35 over III Highwyears. rsny 87, which the state plans to have In place wll_hln three to f.tve yea Wttlltles to tills site are eltlwr Io place Tit the present time, or would be furnished to the site at no rnnt. Tills daunted trar.t was crltlqurd nil the basis of fifteen acres of land. While tills acreage Is Sufflrlcrll: for now and Iu the future, the committee was of the opinlon that addltlo,lnl acreage would he beneficial for future expansion and landscaping nreds. The hospital. Architect Ind bated that the hnapl till mold be laid on1: In such a manner, as to accommodate the dlmrnnlons of the property. out again, It was felt by the committee that addltlonai acreage would enhance posttloaing of the hospital, lioth I:lnd owners were requea lied to consider [he nddltiono 1. doom inn of 7.5 nerra eneb, to bring to n total of twenty donated acres. Both of tlivno (file benefactors have expressed their willingness to do so. The ronunittee f lane access should eels strongly that four Ile. pat into placr from Highway 35 to the latspltal. Again, the land owners have expressed their willingness to cooperate fully to bring tills about, lrlCladl,t{; the dnn:lt ion of easement. It is recommended by the rommIt lrr film rile hospitalboard tnke • steps necessary to cover any :ued :ill Irnal a';prcts of these offers. While we are secure Ili knowing that wr are denllnl; wit]' honorable people, none of the parties ran prrvenC ac Ls of Cod or predict future occurrences. Alan, we feel tliat Ile•^.r offrrt, nitre legally secured, should be made directly to the comminsloner's court. We would further recommend L11,1,. the Ilospltal board work Immediately with local and stale officials, In CollJunctloo with the hl.ghway department In ynakam, I,) brim; nlrnut flee moat desfrrd nCCCns pnnsthle In the overpans COWIfrnrllna• Ain,,, It would be donlroun to coordinate construction of the )vr.rp;;sr; wllh I:he countracLinn of the hospital., if possible. In coaclnslon, we are cnnfl•1•111 11101 opno ra rrful rrnlsldertt Lon, you will be able to conrnr will,{nr reromine ndat inn :nil nerurr. Lire confldence and enthns Ltsm of oor r•lertrd ollir.lals tnwal"ds 1:1119 ntte. Again, thnnk you for till.^. ,ppo,,00lly to serve. Rr.^. prcCfitl ly' svhml tLe<I, v . • Hospital Site fret r.tloa Committee tlirhar'l Ilynes ChaIrman SITE EVALUATION Introduction Method Summary Comments SORENSON SITE ALCOA DRIVE SITE WILSON SITE INDEPENDENCE DRIVE SITE LEBOW SITE NO. 1 LEBOW SITE NO. 2 VILLAGE ROAD SITE SITE LOCATION MAP TABLE OF CONTENTS Page No. 1 1 1 2 3 5 7 9 11 13 15 17 • • • i r� SITE EVALUATION Memorial Medical Center Calhoun County INTRODUCTION The scope of this report is to define as nearly as possible the relative site development costs of each of seven possible hospital sites. In addition, other aspects such as access, etc. are evaluated using as much factual information as available. Opinions concerning the relative merits of each location are not a part of this study. METHOD Cost analyses were prepared using comparable figures for offaite development only. As an example, typical water line tap expenses were considered a cost • common to all sites for comparison purposes and were not included in the comparison. and should be reviewed These costs are prior to final budgeting for a particular site. Discussions concerning the sites were also held with representatives of the Texas Highway Department, the City of Port Lavaca, Central Power and Light Co., and Entex. In most cases, only the most pertinent of the information gained in these meetings is presented in this report. Further information can be obtained by contacting Urban Engineering. SUMMARY In the body of this report, special aspects of each site are discussed and costs are presented. Also included are simple site plans of each showing general information. In addition to topics covered later in the individual reports, the following points of interest were evaluated. LAND USE SURROUNDING SITE This was not a problem at any of the locations studied. In addition to such things as residential use, gas transmission lines, power transmission lines, noise and aire pollution, industrial developments and any other objectional use were investigated. • LOCATION A very`important aspect of any site is the travel time to the hospital incurred by the users. It was concluded that each site did not significantly differ from the other. Obviously the various locations present varying travel times for any for any given individual, but time to the community as a whole varied little. Please note that travel time differs completely from direct access to the hospital. 1 )3 AIR QUALITY Fresh air supply is critical to the operation of a hospital: No air quality problems were identified at any location studied. LOCATABILITY Locatability is also very important to the citizens using the hospital facility. In this case, each of the sites is near enough to major highways and landmarks that this. was not a factor. OFFSITE COSTS Sorenson Site - $93,260.00 Alcoa Drive Site - $95,700.00 Wilson Site - none Independence Drive Site - $791,000.00 Lebow Site No. 1 - $272,500.00 Lebow Site No. 2 - $321000.00 Village Road Site - $75,000.00 ACCESSIBILITY Sorenson Site - Poor (future) Alcoa Drive Site - Excellent Wilson Site - Poor Independence Drive Site - Fair Lebow Site No. 1 - Fair Lebow Site No. 2 - Fair Village Road Site - Excellent COMMENTS Although the costs of land and site development are very important, it appears that access is probably the most critical consideration. The direct accessibility to each of these sites varies greatly and special attention should be given to that portion of the site selection process. • C I 2 14- U SORENSON SITE ACCESS The site is near the intersection of the two major highways (U. S. Highway 87 6 State Highway 35) serving Calhoun County which at this time will provide excellent access to the site. The Texas Highway Department, however, is planning a grade separation (overpass) of State Highway 35 over U. S. Highway 87 which will be completed in three to five years. When this occurs, the embankment will probably eliminate the northbound lane's direct access to this property. This project is in the planning stage and the details will not be complete -for six months or a year. However, it is more than likely that northbound traffic would be forced to crossover at U. S. Highway 87 which would be a significant delay to emergency vehicles. COST C SIZE - This 15 acre tract is an adequate size and shape for now and the future. VISIBILITY - Visibility to traffic on State Highway 35 would be excellent. WATER 6 SEWER - These utilities are not currently available to the site and those lines nearest to it are also undersized. Improvement to upgrade these utilities would cost approximately $84,260.00. DRAINAGE - Drainage of this property would be to Little Chocolate Bayou and would cost $9,000.00. ACCESS - Access would not require offsite extensions. GAS 6 ELECTRIC SERVICE - Natural gas service and adequate electric service are available at no cost. Total Offsite Development Cost - $93,260.00 3 i I I I I I I I I i \ l \ l t \ 1 1 1 1 1 I I I 1 I I 1 I 1 1 I I 1 I 1 1 1 I I 1 I Y 4505 PROP. 1350 FT. 4" FORCED MAIN SORENSON SITE LIFT STATION STATE HIGHWAY S REMOVE 600 FT. 6" WATER PROP. 5700 FT. B° WATER EXIST. SAN. SEW. LINES ""......•.. EXIST. WATER MAINS TO MAIN SCALE. I-• 400- u�u►e� ENOIN6EHIN(i rcwr .� • • 14 C� ALCOA DRIVE SITE ACCESS - This is the only site that has virtually direct access to State Highway 35 and U. S. Highway 87. These are the main east -west and north -south traffic facilities in the county and provide excellent county wide access to this location. In three to five years, the Texas Highway Department plans to have in place a grade separation (overpass) of State Highway 35 over U. S. Highway 87. When this occurs, access to this site will be enhanced. This is a site that is very accessible to the citizens of Calhoun County now and in the future. COST - SIZE - This 15 acre tract is an adequate size and shape for now and the future. • . VISIBILITY - Visibility to traffic on U. S. Highway 87 and State Highway 35 is excellent at this time. The overpass will enhance visibility from State Highway 35, but will be somewhat restricted in the future by the overpass and land development. WATER 6 SEWER - These utilities are both available along Alcoa Drive and are also adequately sizes. DRAINAGE - Drainage of this tract would be to the Blardone Ditch in a storm sewer and would cost approximately $19,800.00. ACCESS - Access would be increased to this site by constructing a roadway from the rear of the property to State Highway 35 at a coat of approximately $75;900:00. GAS 6 ELECTRIC SERVICE - A 4 inch natural gas line is available on Alcoa Drive, and adequate electric power would be furnished to this site at no cost. • Total Offsite Development Cost - $95,700.00 5 11 • EXIST. SAN. SEW. LINES ......•••.••.. EXIST. WATER MAINS • I• . 4M' 1 • ALCOA DRIVE SITE t/11I"N ENfLHEERIN(i 19 • WILSON SITE ACCESS - This tract is located on the divided portion of State Highway 35, but does not have a crossover adjacent to it. In discussions with Mr. Reuben _Petrusek, resident engineer for the Texas Highway Department, he indicated that they would be opposed to adding any crossovers and would be very reluctant to move any. This lack of a crossover is a definite inconvenience for emergency vehicles. COST - SITE - The size and shape of this 15 acre property would be adequate now and in the future. It is somewhat limited, however, by an apparent water line easement which reduces flexibility in design. • VISIBILITY - Visibility to traffic on State Highway 35 -would be excellent. • WATER 6 SEWER - These utilities are available and adequate at the Bank Property. DRAINAGE - Drainage would be to the State Highway 35 ditch and would not be an offaite expense. ACCESS - No additional offaite access would be constructed. GAS 6 ELECTRIC SERVICE - Gas and electric services are available at no cost. Total Offaite Development Cost - None 7 19 4503 STATE HIGHWAY 35 4 9� W WILSON SITE WATER & SEWER AVAILABLE AT BANK PROPERTY Sc t-0 EXIST. SAN. SEW. LINES ............... EXIST WATER MAINS SCALE - I' • 400' uRswM ENfiIN6EHIN0 •cwr . �w • • C20 • INDEPENDENCE DRIVE SITE ACCESS - Access to this site would be along Independence Drive and along a proposed public roadway from State Highway 35 to Independence Drive. This proposed roadway would not tie to an existing crossover and the Texas Highway Department would be very reluctant to allow the relocation of the crossing which is directly adjacent to the proposed intersection. This is not as critical to this site as others since alternate routes are available for emergency vehicles. COST - SIZE - This 15 acre tract is adequate in size and shape for now and in • the future. VISIBILITY - Visibility of this site is fair now; however it will be restricted by future development. • WATER 6 SEWER - Water is available in Independence Drive. Sewer would be extended from Six Mile Road. Total Cost $11,000.00 DRAINAGE - This area has historically been subject to inundation during times of heavy rainfall. The expansion of the existing ditch to State Highway 35 would improve this condition; howeverbecause of the lack of an adequate outfall, the effects will be limited. This drainage problem would severely limit patient and emergency vehicle access to this site during times of heavy rainfall. Drainage Improvement Cost $180,000.00 ACCESS - Independence Drive would be widened, and curbed and guttered. In addition, a new roadway would be constructed from the site to State Highway 35. Coat for roadway and associated storm sewer would be $600,000.00. GAS 6 ELECTRIC SERVICE - Gas and electric services are available at no coat. Total Offsite Development Cost - $791,000.00 9 PROP 1050 FT. 10" SAN. SEW. PROP 100 FT. 8" WATER PROP. PUBLIC & . EXISTING I y� V 4505 _. scaLe, 1•. INDEPENDENCE DRIVE SITE FLE IM"M ENOINEERINO .swu . nw ia LEBOW SITE NO. 1 ACCESS - This tract is located on a proposed new roadway which would link State Higbway 35 to Broadway. The intersection at State Highway 351 however, would not be adjacent to a crossover. The Texas Highway Department would again be opposed to an additonal crossover, and the existing crossover at Village Road should not be moved. This would be very inconvenient for emergency vehicles. COST - SIZE - This 10 for significant acre tract is adequate at this time but would not allow expansion of the hospital in the future. • VISIBILITY - street at this This tract time, but the is very easily seen from the highway and view in the future development. may be restricted by • WATER S SEWER - Water would be looped between an 8 inch line in State Highway 35 and a 6 inch line on Broadway. However, the adequancy of pressures during peak demand times has been questioned by the City of Port Lavaca. Sewer would tie to an existing 10 inch line in Broadway. The cost for these extensions would be $32,500.00. DRAINAGE - Drainage of this site would either be by providing additional culvert capacity at the existing ditch under Broadway or by providing a new crossing under Broadway. In either case, the cost would be $90,000.00. ACCESS - Access will be the new roadway between State Highway 35 and Broadway will cost $150,000.00. GAS S ELECTRIC SERVICE - Gas and electric services are available at no cost. Total Offsite Development Cost - $272,500.00 I1 UJ .,24� • • LEBOW SITE NO. 2 ACCESS - This tract is located directly on State Highway 35, edge would be adjacent to a crossover which is in line with Although the crossover is available, its location at the edge of somewhat cumbersome. COST - and the northern Village Road. the property is SIZE - This 15 acre tract is adequate in size and shape for now and the future. VISIBILITY - Visibility of this site would be excellent from State Highway 35. WATER & SEWER - Water would loop between an 8 inch line in State Highway 35 and a 6 inch line in Broadway. However, the adequancy of pressures during peak demand times has been questioned by the City of Port Lavaca. Sewer would tie to an existing 10 inch line in Broadway. The coat would be $32,000.00. DRAINAGE - Drainage of this site would be to the adjacent ditch and would not be considered an offsite expense. ACCESS - Access would not be considered offsite expense. GAS 6 ELECTRIC SERVICE - Gas and electric services are available at no cost. Total Offsite Development Cost - $32,000.00 13 • VILLAGE ROAD SITE ACCESS - This tract is served by State Highway 35 and Village Road. This corner locaG n would provide excellent access. COST - SIZE - This 15 acre tract is adequate in size and shape for now and the future. VISIBILITY - Visibility of this site would be excellent from State Highway 35. • WATER 6 Highway SEWER - Water and sewer would tie to an 8 inch line in 35. However, the adequacy of pressure during times State . of peak demand has been questioned by the City of Port Lavaca. Sewer would tie to an existing line across Village Road. DRAINAGE - Drainage would be to an existing box culvert under State Highway 35 and not considered an offsite expense. ACCESS - Village Road should be improved along the frontage. The cost would be $75,000.00. • GAS 6 ELECTRIC SERVICE - Gas and electric services are available at no cost. Total Offaite Development Cost - $75,000.00 15 0 J PORT. L AC ,TEXAS .,;;E•Mo;.. s>nn lonu.n —g EIPEf Ii - Y YIYN WIr�NX YYIYI. 1. M Yl�lr. YW IYN � r VILLAC CCCQQR •��. . ddd�9�4 a7 INDEPENDENCE DR. SITE �.w a r ols Yv 8®" (Dar. . o r WILSON SITE • .., 4 N SORENSON SITE I • IN ® i is DR. SITE 0 CHOCOLATE BAY SITE L0CAT10N MAP t 0 SSIT7EE No. 2 )W SITE M LAVACA BAY URBAN ENGINEERING VICTORIA . TEXAS CLOSED SESSION - PERSONNEL The Court being in open session in compliance with the pertinent provisions of Sec. 3A of Art. 6252-17 of Texas Civil Statutes the County Judge as presiding officer publicly announced that a closed session would now be held under the provisions of Sec. 2g of said Art. 6252-17 for the purpose of discussing personnel mat- ters. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said closed session, this meeting will be reopened to the public. The Court then went into closed session. At the end of the closed session the meeting was reopened to the public but no final action, decision or vote with regard to any matter con- sidered in the closed meeting was taken. THE COURT ADJOURNED. SPECIAL MAY TERM HELD MAY 31, 1989 THE STATE OF TEXAS X COUNTY OF CALHOUN X BE IT REMEMBERED, that on this the 31st day of May, A. D. 1989, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M. a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court towit: Alex R. Hernandez, Leroy Belk, Stanley Mikula, Roy Smith, Oscar F. Hahn, Mary Lois McMahan, County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk PUBLIC HEARING - FORMOSA PLASTICS CORP. - DESIGNATION OF REINVEST- MENT ZONE - TAX ABATEMENT Larry Peyton, Vice -President of Formosa Plastics Corp. reviewed their Application for Designation of a Reinvestment Zone. Also representing Formosa was Bill Jones, John Hersey, Bill Holladay, Robert Lu, Luke Bly and Fred Olinik. Tom Garner, local Attorney, pointed out to Mr. Peyton that the area presently owned by Central Power & Light Co. that Formosa is negotiating to purchase cannot be included in the Reinvestment Zone until the purchase is complete. C A .• • 0 It was also determined that Jackson County property had been included which would have to be deleted. Pat Kennedy with Golden Crescent Regional Planning Commission reported that Phase I of the Impact Study should be complete in 90 - 120 days and Phase II should be complete in 18-24 months. isMr. Kennedy also said that Dr. Steve Murdock with Texas A & M University will do the demographic projections for Golden Cres- cent Regional Planning Commission for the ten (10) county area. Judge Hernandez asked if anyone present for the public hearing had any questions or comments. Phyllis Taylor said she would like to have an opportunity to meet with Formosa people and see what can be done to make sure local businesses get their fair share of the business and she felt other businesses would like to have the same opportunity. There were no other questions or comments and the public hearing was concluded. RESOLUTION DESIGNATING REINVESTMENT ZONE Motion by Commissioner Hahn, seconded by Commissioner Smith •' and carried, that the following Resolution Designating Reinvest- ment Zone be approved subject to deletion of Jackson County property and Central Power & Light Company property. �3 / RESOLUTION DESIGNATING REINVESTMENT ZONE WHEREAS, Formosa Plastics Corporation filed an Application with the Commissioners Court of Calhoun County, Texas for designation of a reinvestment zone on April 21, 1999; and WHEREAS, pursuant to the Amended Guidelines and. Criteria- of the Commissioners Court of Calhoun County for granting Tax Abatement in Reinvestment Zones in Calhoun County, (The Guidelines), the Commissioners Court published a Notice of Public Hearing on the Application of Formosa Plastics Corporation for designation of a reinvestment zone in the Port Lavaca Wave on May 15, 1989; and WHEREAS, pursuant to_the Countys Guidelines, written notice of this Public Hearing was mailed on May 15, 1989 to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is included in the proposed reinvestment zone; and WHEREAS, the Commissioners Court convened in regular session on May 31, 1989 at 10:00 o'clock a.m., pursuant to said Notices for the purpose of conducting a Public Hearing on the Application of Formosa Plastics Corporation for designation of a reinvestment zone, during which hearing representatives of Formosa Plastics Corporation presented statements and evidence in support of its Application, and whereupon all interested persons in attendance who requested to do so, were given the opportunity to speak and present evidence for or against the designation; and WHEREAS, upon conclusion of the Public Hearing, the members of the Commissioners Court considered the evidence and upon motion and second, adopted the following resolution: • -• 919 Be it RESOLVED by the Commissioners Court of Calhoun County, Texas: (1) The Commissioners Court of Calhoun County, Texas finds that the designation of the reinvestment zone proposed by Formosa Plastics Corporation would contribute to the retention or expansion of primary employment; and (2) The Commissioners Court of Calhoun County, Texas finds that the designation of the proposed reinvestment zone would attract major investment in the zone that would be a benefit to the property to be included in the zone; and (3) The Commissioners Court of Calhoun County, Texas finds that the development anticipated to incur in the proposed reinvestment zone would contribute to the economic development of the County; and • (4) Based upon its findings, the Commissioners Court of Calhoun County, • Texas concludes the Formosa Plastics Corporation's Application for Designation of Reinvestment Zone dated April 21, 1989 should be and is hereby approved, and the property described in legal description and plats attached hereto, marked "Attachment 4;' and made a part hereof for any and all purposes is hereby designated as Formosa Plastics Corporation Reinvestment Zone, 1989. (5) This designation of a reinvestment zone shall expire five years from the date of this resolution. PASSED, ADOPTED AND APPROVED, on this 31st day of May, 1989. -2- COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS VOTING FOR: Alex R. I er n ez, Leroy Belk, County Jud a Commissioner, Precinct 1 Stanley Mil. la, Roy S th, Commissio er, Precinct 2 Commissioner, Precinct 3 ���Z-�� Oscar Hahn, Commissioner, Precinct 4 VOTING AGAINST: ATTEST: tmary?ffi—s l�� ,&J�/ McMahan ,Calhoun County Clerk 1 n L RESOLUTION APPROVING TAX ABATEMENT AGREEMENT Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following Resolution be adopted approving the Tax Abatement Agreement with the proviso that Jackson County pro- perty and Central Power & Light Co. property not be included; the variance in the tax abatement agreement is granted because of the magnitude of the project which exceeds 750 Million Dollars. • RESOLUTION APPROVING TAX ABATEMENT AGREEMENT WHEREAS, Formosa Plastics Corporation has applied for and obtained a designation of a reinvestment zone of certain properties situated in an unincorporated area of Calhoun County, Texas; and WHEREAS, Formosa Plastics Corporation has applied for a Tax Abatement Agreement for eligible properties located within the reinvestment zone; and WHEREAS, the Commissioners Court, after notice as required by law, has in open meeting discussed the issue of whether to enter into a tax abatement agreement with Formosa Plastics Corporation, and being of the opinion that the Application for Tax Abatement Agreement by Formosa Plastics Corporation should be approved, the Commissioners Court, upon motion and second, adopts the following resolution: BE IT RESOLVED, by the Commissioners Court of Calhoun County, Texas: • (1) That the Commissioners Court of Calhoun County, Texas hereby finds that the terms of the proposed Tax Abatement Agreement and the property subject to the Agreement satisfy eligibility criteria and other requirements of the Amended Guidelines and Criteria for Tax Abatement heretofore adopted this Commissioners Court. (2) The Commissioners Court of Calhoun County, Texas finds that there will be no substantial adverse effect on the provision of the County's service or tax base. (3) The Commissioners Court of Calhoun County, Texas finds that the planned use of the Formosa Plastics Corporation Point Comfort property will not constitute a hazard to public safety, health or morals. • 6J (4) Based upon the foregoing findings, the Commissioners Court of Calhoun County, Texas hereby approves and authorizes the execution of the Tax Abatement Agreement between Calhoun County, Texas and Formosa Plastics Corporation, a copy of which is attached to this resolution and made a part hereof for any and all purposes. PASSED, ADOPTED AND APPROVED, on this 31 st day of May, 1989. Oscar Rahn Commissioner, Precinct 4 COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS VnTnvr- FOR: -2- 2/ Leroy Belk, Commissioner, Precinct 1 Roy Snfrth, Commissioner, Precinct 3 • • 0 W. • ATTEST: 9. e- Mary Lgs McMahan • Calhoun County Clerk • VOTING AGAINST: -3- 37 JUVENILE COURT CONFERENCE COMMITTEE Mary Thomas with Golden Crescent Regional Planning Commission reported that she understood that no money will be available to continue the Juvenile Court Conference Committee and she wanted to know if the Commissioners' Court is going to make money available to continue the committee. In the past GCRPC has made money available for the committee. Don Bridges also reported to the Court on the success of the committee. Darrell Roberts, Chairman of the committee said he felt the juveniles are getting many benefits as well as the community and he felt the committee should be continued. There was also a request for the Court to consider an increase in the salary of the Juvenile Probation Officer. FINANCIAL ADVISOR - HOSPITAL, CONSTRUCTION PROJECT Robert Henderson with First Southwest Co. reviewed options for financing construction of a new hospital. The options he discussed were: 1. Straight Revenue Bonds and General Obligation Bonds 2. Combination Tax and Revenue Bonds 3. General Obligation Bonds The Court asked Mr. Henderson to provide them with a written schedule. WEST SIDE CALHOUN COUNTY NAVIGATION DISTRICT - ANNUAL REPORT James F. Houlihan, Auditor for West Side Calhoun County Navigation District, reviewed the annual audit of the district. Walter Pilgram, Chairman, and Ray Childress, Commissioner were also present. Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the annual report of the West Side Calhoun County Navigation District be accepted. COUNTY DEPOSITORY - RESOLUTION Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following Resolution authorizing withdrawal of certain securities be approved: • 0 1• C� Houston, _Texas "' "i ., ;; !.:, ; Texas Commerce Hank, SA.Ll.LLP1NC IJ;t:cl:' — 'ino undcrsiCnud D�p,-sf[or and Depositor• J y Jointly request the U11to substitute or permit a withdrawal of the securities wtici it holds terms o Joint Safekeeping Receipt issued by it to the undersigned, in accordance with the terms of the resolution hereafter quoted, and to deliver the securities substituted fur or withdrawn to the party named in such resolution. By (Col FIRST STATE BANK i By �c Sr. RESOLUTION TRUST C%1PANY, Pres. & C itor tory "Whereas, heretofore, under date of Houston, Texas 19_ the Texas Commerce Bank of issued [o Calhoun County, Depositor, and First State Bank and Trust Company, Depository, its Join: Safekeeping Receipt or receipts covering certain securities; and "Whereas, both the Depositor and Depository now desire the Texas Commerce Bank of Houston_=_ to permit a substitution of certain securities, or a withdrawal of sucurities, which it now holds, as hereinafter more fully set forth; and "Whereas, the securities, if any, hereinafter mentioned, which the above named desire to substitute in lie�l of hose heretofore placed in safekeeping with the Texas Commerce Bank of IOUsTon, �exas Parties and are hereby approved; and meet with the requirements of law and have been "Whereas, the securities, if any, hereinafter mentioned, which the above named parties "sh to withdraw, are entitled under the law to be withdrawn; "Now therefore, be it resolved: That the Texas Commerce Bank of Houston, Texas be and it is hereby requested and authorized to surrender [he following securites hereto- fore placed with it for safekeeping by the above named parties, to -wit: $200,C00 Crowley•ISD, TX 7,50% Bonds, due 8-1-89 400,000 Alice, TX 0.0. 9.70% Bonds, due 8-1-89 100,000 Pasadena, TX ISD 8,00% Bonds, due 2-1 -90 • 100,000 Alvin, TX ISD 8.00% Bonds, due 2-15-90 30,000 Anderson Shiro, TX Cons. ISD 9.50% Bonds, due 2-15-90 ��,,,,5000�0000�0 Medina Valley, TX ISD 7.75% Bonds, due 2-1-90 �oo0,0pD - Total (here describe securities to substituted for or withdrawn. If the above space is not sufficient, continue description re reverse the following securities, which are side hereof.) and to receive in lieu thereof hereby in all respects approved; $1,000,000 Federal Home Loan Bank 7.375% Bonds, due 12-27-93 (Nero describe securities without substitution to be taken in substitution write in the word "No"or in the event this is a withdrawal continue description on reverse side hereofIf If the above space is not sufficient, "Be it further resolved: That the Texas Commerce Bank of Houston, Texas and it is hereby authorized to deliver the securities described herein to for or withdrawn for First State Bank and Trust Company or its order." substituted Shin is to certify that the above and foregoing 1. Soners Court at a meetingg e resol Lion was dul p �luorum being Properly held on the Passed by Comm�%% b Prescut all or which full a daY of 196 Y ppcars iu the minutes s i5cid meeting. County 1crk, CCa lhoun County, '1'exus ,P RESOLUTION - EXEMPTION OF STATE & LOCAL GOVERNMENTS, IRS CODE Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the following Resolution be adopted: RESOLUTION WHEREAS, Section 89 of the Internal Revenue Code as enacted in the Tax Reform Act of 1986 imposes detailed plan qualification and IRS reporting requirements on a wide range of employee benefit plans, including all health and life insurance; and WHEREAS, under such Section sizeable penalties can be applied to employers, including State and local governments, that fail to conduct certain nondiscrimination tests, maintain writtern plans, send summary plan descriptions to employees, file forms with the IRS and Labor Department or report such benefits as taxable income to employees, and WHEREAS, such provision imposes administrative requirements that are -extremely complex, labor intensive and will be cost prohibitive, particularly to Texas Counties; NOW, THEREFORE, BE IT RESOLVED, that Congress be urged to exempt State and local governments from the provisions of said Section 89 of the Internal Revenue Code. Upon Motion duly made, Seconded and Carried, the foregoing Resolution was adopted this 31st day of May, 1989 the Commissioners Court of Calhoun County, Texas. Alex R. Hirnandez, County �44t V Leroy Belk, Commissioner, Prec. #1 Stanley - Pik la, Commissioner,Prec. #2 Roy NSmith, Commissioner, Prec. #3 o. Oscar F. Hahn, Commissioner, Prec. #4 ATTEST: /� Mary ois�Mal�an, County Clerk I1 U • -.; BIDS AND PROPOSALS - INSURANCE Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the County Auditor be authorized to advertise for bids for insurance with bid opening set for Aug. 14th at 10:00 A.M. ACCOUNTS ALLOWED - COUNTY • Claims totalling $151,228.19 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Belk, seconded by Commissioner Smith, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - COUNTY Motion by Commissioner Smith, seconded by Commissioner Mikula, and carried, that repairs to fire truck be declared an emergency and exempted from competitive bidding and that statement of Sonny's Paint and Body Shop in the amount of $5,345.50 be approved. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $40,881.36 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. APPROVAL OF MINUTES Minutes of meetings held by the Commissioners' Court on March 31st, April loth, 14t'ii and 28th and May 8th were read, whereupon a motion was made by Commissioner Smith, seconded by Commissioner Belk, and carried, that said minutes be approved as read. THE COURT ADJOURNED. • 4-1 REGULAR JUNE TERM HELD JUNE 12, 1989 THE STATE OF TEXAS COUNTY OF CALHOUN • BE IT REMEMBERED, that on this t�,e 12th day of June, A. D. 1989, there was begun and holden at the 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, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct..2 Commissioner, Prct. 3 Commissioner, Prct: 4 County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - DUMP TRUCKS The following bids were received for three (3) dump trucks but no action will be taken until Friday: • 0 0 •. The vehicle we propose meets all of the above specifications. MAKE AND DESCRIPTION OF VEHICLE OFFERED: TOTAL PRICE, PER UNIT: :z 2,`7� ESTIMATED DELIVERY (DAYS):ig - BID PRICE MUST INCLUDE ALL TITLES, LICENSE, DOCUMENTARY FEES, STATE INSPECTION AND ANY OTHER FEES. THE COMMISSIONER'S COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, AND ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY. DELIVERY OF THE VEHICLE MUST BE MADE WITHIN A REASONABLE TIME OF THE ESTIMATED DELIVERY DATE. FAILURE TO DELIVER THE VEHICLE BY THE REQUIRED TIME MAY RESULT IN CANCELLATION OF THE BID AND ANOTHER BID BEING ACCEPTED. NAME:----Q4�t•e'N'-1�..�i. • ADDRESS:------ Box R g--------------------------------------------------------------- CITY, STATE, ZIP:___lLjt-r -t�-_ _�-�7 a - AUTHORIZED SIGNATURE: _ V------------------------------------ TITLE:-------��R- _-�A_wt_4-�.�.i--------------------------------------------------- • The vehicle we propose meets all of the above specifications. MAKE AND ➢ESCRIPTION OF VEHICLE OFFERED: __-- 1990 MIC C7DG42 As per attached specifications. /��� - ---------------------- TOTAL PRICE, PER UNIT: $28452.00 -------------------------------------------- ESTIMATED DELIVERY (DAYS): 90-120 Dates _ BID PRICE MUST INCLUDE ALL TITLES, LICENSE, DOCUMENTARY FEES, STATE INSPECTION AND.ANY OTHER FEES. No - Deliver with MSO - County must apply for exemp Lic. THE COMMISSIONER'S COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL. BIDS, AND ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY. DELIVERY OF THE VEHICLE MUST BE MADE WITHIN A REASONABLE TIME OF THE ESTIMATED DELIVERY DATE. FAILURE TO DELIVER THE VEHICLE BY THE REQUIRED TIME MAY RESULT IN CANCELLATION OF THE BID AND ANOTHER • BID BEING ACCEPTED. NAME: Marshall Pont_ Buick _O1ds.Tnc._and -Coastal -Bend GlIC Trucks Inc. ---------------------------------------- ADDRESS: 918 Broadway, P 0 Drawer 5 --------------------------------------------------------------------------------- CITY, STATE, ZIP;_Port_L�ygSTX 27,9_7,9 �__/_______ _ AUTHORIZED SIGNATURE:=lc TITLE:__-_ _Salsa Nanagar_----------------------------------------------------------- Phone: 552-2944 1'- 6j ` Az( P� eta/y F Gad, � —ML"tW� GC.�jj�• "%' Ct�Gii.(i^.i (l>. i iVl o (4ct- C) -�F l . ..• L The vehicle we propose meets all of the above specifications. MAKE AND ➢ESCRIPTION OF VEHICLE OFFERED: --199Q.Ford F]90 ---------------------------------------------------------------------- TOTAL PRICE, PER UNIT:___$25,55B_75 ------------------------------------------------------- ESTIMATED DELIVERY (DRYS):120 Days --------------------------------------------------- BID PRICE MUST INCLUDE ALL TITLES, LICENSE, DOCUMENTARY FEES, STATE INSPECTION AND ANY OTHER FEES. THE COMMISSIONER'S COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, AND ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY. DELIVERY OF THE VEHICLE MUST BE MADE WITHIN A REASONABLE TIME OF THE ESTIMATED DELIVERY DATE. FAILURE 10 DELIVER THE VEHICLE BY THE REQUIRE❑ TIME MAY RESULT IN CANCELLATION OF THE BID AND ANOTHER BID BEING ACCEPTED. NAME:---- Main Ford-Mer--cu- ry--------------------------------------------------------------- -------- • ADDRESS: Main ------------------------------------- ------------=------------------ CITY, STATE, ZIP:__ Port Lavaca,_ Texas _ 77979 --------------------------------- 1 AUTHORIZED SIGNATURE:___l�tc� - ---------------------------------------- TITLE: Business Manager-------------------------------------------- ----------- - - - - - - - - - - - - - - - - - - - - 0 .. Fl- Associated Medical Corporation 2151 White Street • Houston, Texas 77007.713-869-9246 or: B. H. Comiskey, Jr. C. P. A., County Auditor Calhoun County Courthouse 211 South Ann Street Port Lavaca, Texas 77979 Page: 1 of 1 Date: 6.8.89 'rom: Associated Medical Corporation 2151 White Street Houston, Texas 77007 (713) 869-9246, FAX - (713) 392-5696 1. 1 NME1001 1 jEach Newport E1001 Ventilator complete with blender, flowmeter, exhalation 5695.00 5695.00 valve, pressure pop -off valve, support arm, five leg stand assembly, air and oxygen hose (10 feet each) 2. NMECH550A 1 Each Four (4) "E" Cylinder Holders Stand complete with one set of oxygen 1161.00 1161.00 hoses, one set of air hoses, two air regulators, two oxygen regulators and check valves 3. NMBBU200A 1 Each Battery Backup, complete 495.00 495.00 4. AP38080 1 Each Concha III Heater for low volume pediatric humidification 750.00 750.00 5. AP38083 1 Each Pediatric Temperature Probe N/C 6. AF138610 1 jEachl _ Bracket -Pole N/C 7. AP38681 1 Each Bracket Reservoir N/C Total 1 8101 Note: F. B. O. Manufacturer. Unit includes two-day inservice by AMC Equipment Specialist. rh H G lU V rD a ro t r a C rt m C rt 0 C rot � H. r o• m v G rt rt N a o h o w a A Y• F rt n w w o r � p C 0 Y• ri ro c u m w y r rt P, � r m m p 0 rt � r• r o• Y• � a rt H. rt o. m w o m C m a • • • BIDS AND PROPOSALS - AMBULANCE, EMERGENCY MEDICAL SERVICES The following bids were received for an ambulance but no action will be taken until Friday: BID FORM UNIT PRICE OR TRADE QUANTITY DESCRIPTION DIFFERENCE TOTAL TWO - - - (2) COLLINS -AMBULANCE -CHEVROLET -CxII $43,125.00 $86,250.00 ---------------------------------- ------------------- 1989 EXTENDED C-30 TYPE II AMBULANCES. TRADE-IN: 1984 TYPE II: TOTAL: $12,500.00 $73,750.00 ANY EXCEPTIONS/VARIANCES TO THE BID SPECIFICATIONS? AYES ---NO DELIVERY TIME:_45__-60 DAYS ARO - -------------------------- F.O.B.: PORT -LAVACA--QESIINAII4d PORT LAVACA _ TEXAS PAYMENT TERMS:NET ON DELIVERY ------------------------------------------ AMBULANCE MANUFACTURER: COLLINS AMBULANCE CORPORATION BIDDER COMPANY NAME: AMBULANCE SALES AND SERVICE ADDRESS: P.O. BOX 635 / 202 SENTRY MANSFIELD, TEXAS 76063 TELEPHONE: 1 - 800 - 338 - 0630 I HEREBY CERTIFY THAT THE BID SUBMITTED BY THIS COMPANY IS FOR AN AMBULANCE THAT WILL.MEET ALL OF THE REQUIREMENTS SET FORTH IN THESE SPECIFICATIONS, INCLUDING ALL EQUIPMENT SPECIFIED, EXCEPT WHERE EXCEPTIONS ARE INDICATED ON THE FORM PROVIDED. ENCLOSED WITH OUR BID IS AN EXPLANATION OF WHAT WE PROPOSE TO FURNISH IN LIEU OF THE SPECIFIED REQUIREMENTS WHERE WE HAVE INDICATED ANY EXCEPTION_ THIS COPY OF THE SPECIFICATIONS, AND OUR LIST OF EXCEPTIONS, IF ANY, SHALL BE CONSIDERED TO BE THE ACCURATE CONTRACT VEHICLE DESCRIPTION UPON OUR AWARD. TYPED OR PRINTED NAME OF BIDDER: R D H ,I'T-- -- SIGNATURE OF BIDDER: r' DATE: DUNE 5�_ 1989 r PAGE A-4 L / • EXCEPTIONS 1. The Leece-Neville alternator system is no longer available on the Chevrolet chassis. There are no suitable brackets to mount the Leece-Neville system and an Interstate 195 amp alternator has been substituted for the requested system. 2. The standard SBR shassis supplied tires have been supplied with this bid. For liability reasons, Collins Ambulance is not allowed to alter the size of the tires, springs, suspension • or any related OEM equipment. 0 American TransCoach, Inc. • 1606 WEST AUSTIN STREET SANGER, TEXAS 76266 (817) 458.4844 1 800 367-4845 • • June 5, i98^ S. H. CCiIDislr.ey, J;-., COUlt-y (Audi tore Calhoun Count ,y, Teas 211 S. Ann - L'ount_y COUI-thOUse port Lavaca, Texas 7797� MF. Cpini S1t P_v: Dn behalf of American TransCoach, Inc. I would like to thank you for the oppor-turrity to submit a proposal for your emergency medical vehicle needs. As the manufacturefrS we represent do not manufacture the V� hicle you have specif:ie_d_ due to concerns recarding body integrity and DDT testing r_�uirernents complied r•rith by Chevrolet but substantialiv Modified pr voided b)ilengthe-ing the van body as requested @ngine (7.3 liter). The vehicles quoted below are equipped as specified by Calhoun County but manufactured per the enclosed specifications. prices F. D. B. Fort Lavaca, Texas are as follows: 1989 Dodge MedTeC Type II Two Dodge ivied-fec Type II 1989 Ford rledTec Type II Two Ford MedTec Type II 1984 Collins Tyne II Trade In Z ,995.0u each 1 75,990.00 -f _9,595.00 each s 79,190.00 NO BID Thank you, once again, for the opportunity to submit our proposal. We look forward to working with Calhoun County in the near future. y yours, Q Scott Haile Regional Sales Manager- SH1fc Enclosure Scoyr HAILE REGIONAL SALES MANAGER ANMRICAN TRANSCOAC33, INC. 1606 WEST AUSIIN STREET (800) 367.4845 SANGER, THUS 76266 (214) 660.4599 In Arkansas (501) 945-1647 Taylor Made Ambulances 3101 East Washington / North little Rock Arkansas 72114 June 8, 1989 B.B. Comiskey, JR. C.P.A. County Auditor Calhoun County, Texas 211 S. Ann - County Courthouse Port Lavaca, Texas 77979 Mr. Comiskey, Outside Arkansas (600) 466-1310 Bridgers Coach, Inc, appreciates the opportunity to quote on your ambulance requirements and is pleased to submit the following bid for your consideration. Two new "Taylor Made" by Bridgers Coach, Inc. Type II ambulances per your specifications for $37.094.00 FOB Port Lavaca, TX. We estimate a 30 to 60 day delivery after receipt of order. A trade allowance of $6000.00 for your 1984 Type II Collins Ford ambulance will be given and can be deducted from the quote if Bridgers Coach, Inc, is awarded the contract to build your new ambulances. Bridgers Coach, Inc. is a full line ambulance manufacturer and not a dealer or a distributor. We are biddingfactory direct to eliminate the middle man so we are able to offer you the best possible price. Bridgers Coach, Inc, maintains over $350,000.00 in parts inventory and provides factory field representatives to service you before and after the sale. If we can be of any further assistance, please contact us. Respect�fullyy yours, Jos1ph A. Taylor '� Vice President "Taylor Made" Ambulances by Bridgers Coach, Inc. 0 11 go UTILITY PERMITS - GENERAL TELEPHONE COMPANY, PRECINCT NO. 4 Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the following permit be approved: MC 600647 ED-135 (REV.1-88) ® GTE Southwest Incorporated TO THE COMMISSIONER'S COURT OF CALHOUN NOTICE OF COMMUNICATION LINE INSTALLATION DATE 06-02-89 COUNTY ATTENTION COUNTY JUDGE: ALEX R. HERNANDEZ CALHOUN COUNTY COURTHOUSE PORT LAVACA, TEXAS 77979 Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in CALHOUN County, SEADRIFT, TEXAS as follows: • GTE proposes to place buried cable along the north right-of-way of Witten- bert Road east of Seadrift, Texas. Beginning 1450' west of the intersection of Lane Road and Wittenbert Road, buried cable will extend west, 3' inside of the north right-of-way of Wittenbert Road for a distance of 970'. • All cables will be placed at a minimum depth of 30". See Attached Sketch, The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after June 15, 19 89 . GTE SOUTHWEST INCORPORATED 0 Km. S 'WIMIWA Address P. 0. BOX 1112 ROBSTOWN, TEXAS 78380 512/387-6433 J( CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: PATRICK J. VAJDOS PROJECT COORDINATOR P. 0. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 06-02-89 except as noted below. It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Oscar Hahn Commissioner of Precinct No. telephone 512/785-3141 forty-eight (48) hours prior to starting • • construction of the line, in Commissioner's Court order that we may have a representative present. County, Texas, herein by and • of Calhoun acting through the County Judge and all the Commissioners pursuant to resolution passed on the 12th day of June 19 89 , and duly recorded in the Minute , Book of the Commissioner's Court of Calhoun County, Texas. COUNTY PRO-TLM,;.�Leroy -Belk 512, • • • To SEAORIFT HWY Iss TO Io(T cn u11n/Z IAIDICATES PROPOSED CABLE --t---+ INDICATES LASLE RENOVAL AREA SOLI TH TEXAS S TAR DIET. 4-8 M ) vaT, W P LU V ,ATE - 1 to - DRAB ! P W V _ CA,+ 5-1 Lo -19 ATRC =E CAI+ IN GTE PROPOSES TO PLACE HPPROXI/"ATEL`( 9-10' OF SUKIED CABLE pp �. Ln h r o- II WITTEN BERTRD. 1450TO LANE R.D. ED 172(REV.1 831 ® Southwest r1 F 1D4tr BIDS AND PROPOSALS - ENDOSCOPE & COLONOSCOPE, HOSPITAL Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the County Auditor be authorized to advertise for bids for a endoscope and colonoscope with bid opening -set for June 30th at 10:00 A. M. JUSTICE OF THE PEACE, PRECINCT 2 - TYPEWRITER Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the typewriter requested be considered at the hearing to amend the 1989�Budget. ACCOUNTS ALLOWED - COUNTY Claims totalling $263,182.35 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $318,614.89 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. COUNTY TREASURER'S MONTHLY REPORT The County Treasurer presented her monthly report and after reading and verifying same, a motion was made by Commissioner Mikula, second- ed by Commissioner Smith,and carried, that said report be approved. THE COURT RECESSED UNTIL FRIDAY, JUNE 16TH AT 10:00 A. M. JUNE 16, 1989, 10:00 A. M. BIDS AND PROPOSALS - VENTILATOR, HOSPITAL _ ALL MEMBERS PRESENT Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the bid of Associated Medical Corp. in the amount of $8,101.00 be accepted, • • • Fla GUADALUPE-BLANCO RIVER AUTHORITY - PERMITS A motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried, that Calhoun Co, grant a permit to GBRA to install facilities as shown on the following instruments with the understanding that by the usage of such permit GBRA agrees that such facilities and the installation, maintenance and usage thereof shall be subject to all of the terms and provisions set out in the original contract between GBRA and Calhoun Co. dated Mar. 21, 1972 and recorded in Vol. R. Pg. 307 of the Commissioners' Court Minutes of Calhoun County, Texas and that GBRA agrees to be bound by all such terms and provisions. CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: 6/6/89 B. Name of Customer Requesting Service: Harry L. Frankson C. Number of Connections Wanted: One D. Map Sheet Number: D6 • E. Customer Number to be assigned: 10-2659' F. Prospects for Additional Customers to be served by the Proposed Line: 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3• Report of Installation (To be completed by Operations) • A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: Date Signature Engineering: Date Signature C] Al / �c , 1 Rr L • Fra"kson i' \ 1 . ..,��Il. t. L,U L:, I•a.i1U., 1�,: U.,�.n 11 Un CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1.Connection Date (To be Completed by Operations) • A. DATE: 5/15/89 B. Name of Customer Requesting Service: Russell Cain C. Number of Connections Wanted: One. D. Map Sheet Number: D13 E. Customer Number to be assigned: 13-2587 F. Prospects for Additional Customers to be served by the Proposed Line: _ 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: r� U Date Signature 3. Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: Date Signature Engineering: Date Signature • 4"7 I '.A tW 74 Wr ip 't .711 --1 ivl. NIt's, If r 41 Aiir' Volt Se Op- vt P -4A -2597 ME r-I u 59 COMMISSIONER OF LEASE - SANITARY LANDFILL TRALOT Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that Commissioner Mikula be named Commissioner of Lease of certain county land out of the Santitary Landfill site; auction to be held July 10, 1987 at 9:30 A. M. and that Commis- sioner Smith be named Alternate Commissioner of Lease. • ORDER APPOINTING COMMISSIONER OF LEASE TO LEASE CERTAIN COUNTY LANDS, AND COVERING OTHER MATTERS RELATIVE THERETO WHEREAS, the Commissioners Court of Calhoun County, Texas, desires to lease for farming purposes for growing maize, corn, cotton, soybeans and wheat (or any one or more of said five crops) a certain 60 acres of tillable land described in that certain form of lease which is marked Exhibit I and attached hereto and made a part hereof for all purposes; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF • CALHOUN COUNTY, TEXAS: Section 1. That Stanley Mikula, County Commissioner is hereby appointed as Commissioner of Lease to so lease said property at public auction in accordance with law, such lease to be made in accordance with the terms and provisions of said Exhibit I. Section 2. That said Commissioner of Lease is hereby autho- rized to publish notice of such auction as required by law, to fix the time and place the auction will be held, and to do any and all other acts necessary to accomplish such auction. Section 3. That the right is reserved for said Commissioner to reject any and all bids received at such auction. Section 4. That said Commissioner of Lease is hereby autho- rized to determine the successful bidder at such auction and to enter into and execute a lease contract in duplicate with such successful bidder, such lease contract to be in accordance with said Exhibit I. PASSED, ADOPTED AND APPROVED this 16th day of June, 1989. COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS By Alex R. Her ATTEST: Mary L is McMahan, County Clerk • i • BIDS AND PROPOSALS - DUMP TRUCKS The bids on the dump trucks were tabled until June 27th. BIDS AND PROPOSALS - AMBULANCE, EMERGENCY MEDICAL SERVICE • Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the bid of Bridgers Coach Co. be accepted as the more favorable bid in the amount of $31,094.00 since Collins Ambulance Corp. took exception to alternator and tire size. FARM TO MARKET ROAD PRIORITIES Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following roads be given top priority Farm to Market Road designation: 1. County Road 101 2. Whatley -Rigby Road 3. Foester Road 4. Extension of FM3084 to intersect Hwy. 87 at Clark Station • MAGNOLIA BEACH SFWER SYSTEM, PRECINCT NO. 1 A general discussion was held concerning the construction schedule of the sewer system at Magnolia Beach. Pat Kennedy with GCRPC said it might be necessary to ask for an extension of the construction period since it terminates March 14, 1990. He also said it will be necessary to get the "triangle" problem worked out before they go out for bids. Keith Merrick, a property owner at Magnolia Beach, had a question concerning the plans and specifications but Truman Baker with G & W. Engineers, Inc, apparently answered the question to Mr. Merrick's satisfaction. A motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried, t'-:at the plans and specifications as submitted by G & W Engineers, Inc, be approved; that the Court take appropriate action to acquire the "triangle" at a cost of $5,000.00 or less to be paid out of grant funds; that the County Auditor and G & W Engineers, • Inc. be authorized to advertise for bids with bid opening set for July 21st at 10:00 A. M.; and that the County Judge take appropriate measures with respect to the contract. PIPELINE PERMIT - COUNTY ROAD 107, VICTORIA OPERATING, INC. Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that Victoria Operating Inc. be authorized to bore under County Rd. 107 and authorize County Judge to sign said permit. ACCOUNTS ALLOWED, COUNTY Claims totalling $45,263.90 were and after reading and verifying Commissioner Mikula, seconded by that said claims be approved for ACCOUNTS ALLOWED - HOSPITAL presented by the County Auditor same, a motion was made by Commissioner Belk, and carried, payment. Claims totalling $23,384.73 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - COUNTY Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the bill of Advanced Steel Builders in the amount of $9,610.65 be approved. TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT The Tax Assessor -Collector presented her report for the month of April and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that said report be approved. THE COURT ADJOURNED. SPECIAL JUNE TERM THE STATE OF TEXAS COUNTY OF CALHOUN X HELD JUNE 27, 1989 • • BE IT REMEMBERED; that on this the 27t day of June, A. D. 1989, there was begun and holden at the Courthouse in the City of Port • Lavaca, said County and State, at 10:00 A..M. a Special Term'of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court towit: Alex R. Hernandez County Judge Leroy Belk Commissioner, Prct. 1 Oscar F. Hahn Commissioner, Prct. 4 Mary Lois McMahan County Clerk W BIDS AND PROPOSALS - DUMP TRUCKS Motion by Commissioner Hahn, seconded by Commissioner Belk, and carried, that all bids be rejected; that specifications be redone and sent out for bids for July loth. • CALHOUN COUNTY APPRAISAL DISTRICT - BOARD OF DIRECTORS Motion by Judge Hernandez, seconded by Commissioner Hahn, and carried, that Jessie Rodriguez be nominated to the Board of Directors of the Calhoun County Appraisal District and that the following Resolution Nominating a Candidate to Fill Vacancy on Board of Directors of Appraisal District of Calhoun County be passed. RESOLUTION NOMINATING CANDIDATE TO FILL VACANCY ON BOARD OF DIRECTORS OF APPRAISAL DISTRICT OF CALHOUN COUNTY • WHEREAS, Jim F. Dietz has heretofore resigned as a member of the Board of Directors of the Appraisal District of Calhoun County, Texas, and WHEREAS, it is necessary and desirable that this Commissioners Court nominate a candidate to fill the vacancy created by such resig- nation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: THAT this Court does hereby nominate Jessie Rodriguez as its candidate to serve on the Board of Directors of the Appraisal District of Calhoun County, Texas, to fill the aforesaid vacancy. PASSED AND APPROVED this 27th day of June, 1989. is T OF CALHOUN COUNTY, TEXAS Alex R. H�rnandez, Cou is ATTEST: L r' Mary L is McMahan, County Clerk lam COUNTY SALES TAX ELECTION By general consensus the Court delayed a decision to call an election for or against a county sales tax until all members of the Court are present. ACCOUNTS ALLOWED - COUNTY • Claims totalling $80,153.29 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Belk, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $68,017.65 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Hahn, seconded by Commissioner Belk, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - COUNTY • Motion by Judge Hernandez, seconded by Commissioner Hahn, and carried, that the bill of Southern Avionics Company in the amount of $2485.00 be declared an emergency and paid out of the contingency fund. THE COURT ADJOURNED. • • • TAX ABATEMENT AGREEMENT between CALHOUN COUNTY, TEXAS and FORMOSA PLASTICS CORPORATION m • RESOLUTION APPROVING TAX ABATEMENT AGREEMENT WHEREAS, Formosa Plastics Corporation has applied for and obtained a designation of a reinvestment zone of certain properties situated in an unincorporated area of Calhoun County, Texas; and WHEREAS, Formosa Plastics Corporation has applied for a Tax Abatement Agreement for eligible properties located within the reinvestment zone; and WHEREAS, the Commissioners Court, after noticeas required by law, has • in open meeting discussed the issue of whether to enter into a tax abatement agreement with Formosa Plastics Corporation, and being of the opinion that the Application for Tax Abatement Agreement by Formosa Plastics Corporation should be approved, the Commissioners Court, upon motion and second, adopts the following resolution: BE IT RESOLVED, by the Commissioners Court of Calhoun County, Texas: (1) That the Commissioners Court of Calhoun County, Texas hereby finds that the terms of the proposed Tax Abatement Agreement and the property subject to the Agreement satisfy eligibility criteria and other requirements of the Amended Guidelines and Criteria for Tax Abatement heretofore adopted this Commissioners Court. (2) The Commissioners Court of Calhoun County, Texas finds that there will be no substantial adverse effect on the provision of the County's service or tax _ base. (3) The Commissioners Court of Calhoun County, Texas finds that the • planned use of the Formosa Plastics Corporation Point Comfort property will not constitute a hazard to public safety, health or morals. IN (4) Based upon the foregoing findings, the Commissioners Court of Calhoun County, Texas hereby approves and authorizes the execution of the Tax Abatement Agreement between Calhoun County, Texas and Formosa Plastics Corporation, a copy of which is attached to this resolution and made a part hereof for any and all purposes. • PASSED, ADOPTED AND APPROVED, on this 31 st day of May, 1989. Oscar Halin Commissioner, Precinct 4 is COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS VOTING FOR: -2- 2/ Leroy Belk, Commissioner, Precinct I Roy Stffth, Commissioner, Precinct 3 0 VOTING AGAINST: ATTEST: WaL Ac., Aa, Mary 11his McMahan Calhoun County Clerk -3- • • 0 Fm TAX ABATEMENT AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN This agreement is between Calhoun County, a political subdivision of the State of Texas, acting by and through its duly elected Commissioners Court (hereinafter referred to as County), and Formosa Plastics Corporation, a Delaware Corporation, licensed to do business in Texas, with a place of business in Calhoun County, Texas (hereinafter referred to as Formosa). 1. This Agreement for Tax Abatement is made and entered into pursuant to and is governed by the Amended Guidelines and Criteria • of the Commissioners Court of Calhoun for Granting Tax Abatement in Reinvestment Zones created in Calhoun County, except as varied by the specific provisions of this Agreement and by enabling resolution. This Agreement is further subject to the following terms, covenants and conditions. 2. Formosa has filed with the County an Application for Tax Abatement for its Ethylene Complex Expansion Project dated April 21, 1989. A copy of the Application is attached hereto, marked Exhibit "A", and made a part hereof for any and all purposes. That portion of the Project described in paragraph 1 k of the Application is excluded as being ineligible for tax abatement under this Agreement. 3. On May 31, 1989, the Commissioners Court of Calhoun County, Texas designated as Formosa Plastics Corporation Reinvestment Zone, 1989 the real property described in the Application. All of the proposed eligible improvements are located in the designated rein- vestment zone. 4. This Agreement for Tax Abatement is made expressly upon the condition that Formosa shall make the specific improvements to • the property as described in the Application. 5. The kind, number and location of all proposed improvements of the property subject to this Agreement are as contained in Paragraph No. 1 of the Application. 6. Formosa hereby expressly agrees to provide access to and authorize inspection of its property by County officials, employees, N_ • and/or their designees to insure that the improvements described in the Application are made according to the specifications and conditions stated in the Application and this Agreement, and that Formosa is com- plying with the Agreement. 7. Formosa shall not make any use of the property that is inconsistent with the general purpose of encouraging development or redevelopment of the reinvestment zone during the period that the prop- erty tax exemptions are in effect. 8. A map showing existing uses and conditions of the real property in the reinvestment zone is attached to the Application. 9. A map showing proposed improvements and uses in the re- • investment zone is attached to the Application. 10. The estimated value subject to abatement under this Agree- ment is $1,700,000,000.00. The base year value is $119,675,400.00. 11. The length of the abatement period shall be seven (7) Years. The percent of value to be abated each year is as follows: (a) 100% of the value of the new eligible properties described in the Application shall be abated each year for the first two years. (b) The County hereby grants a variance from its Guidelines and Criteria with regard to the percent of abatement in years three through seven. 85% of the value of the new eligible properties des- cribed in the Application shall be abated during years three through seven. In each year during years three through seven that 35% or more of the employees hired to staff .the new or expanded facilities are residents of Calhoun County, Texas, Formosa shall be entitled to an additional 15% abatement. For each year Formosa seeks this additional 15% abatement, it must submit whatever documentation required by the Chief Appraiser of the Calhoun County Appraisal District to show that • on average for the calendar year 35% or more of such employees were in fact residents of Calhoun County, Texas. 12a. The term of this Agreement shall commence on the date of execution hereof and continue until all obligations, terms and conditions have been performed or discharged. Notwithstanding, the term of abatement shall be seven (7) years commencing with the tax year that begins January 1, 1990 and continuing thereafter for seven (7) years through the tax year that begins January 1, 1996. -2- 7D • 12b. The percentage of exemption for each year shall be applied to the new eligible property value that would otherwise be added or included on the tax rolls on January lst of each year through- out the term of abatement under this Agreement, commencing January 1, 1990, and continuing on each January lst thereafter for seven (7) consecutive years through the tax year beginning January 1, 1996. The percentage of exemption of eligible property to be applied on each January lst shall be the basis of the amount of ad valorem taxes abated under this Agreement for that specific tax year, in each of the seven (7) years. 12C. Unless sooner terminated under other provisions hereunder, all other rights, duties and obligations contained in this Agreement shall continue in full force and effect until all taxes levied in each of the seven (7) years in which an exemption applied under this • Agreement are fully paid by Formosa, and all other commitments have been fulfilled. Provided, however, that no extension of the abate- ment period shall occur as a result of this Agreement beyond the 1996 tax year, it being the intent of the parties that seven (7) years is the limit of abatement granted. 13. During the term of this Agreement, Formosa's taxes shall be payable as follows: (a) The value of any ineligible property as described in Section 2(g) of the County's Amended Guidelines and Criteria for Grant- ing Tax Abatement adopted on April 13, 1988, shall be fully taxable. (b) The base year value of existing eligible property as determined each year shall be fully taxable; and (c) The additional value of new eligible property in the reinvestment zone shall be taxable subject to the exemptions provided in Paragraph 11 above. 14. The facility designated in the Application is part of Formosa's chemical manufacturing process at its Point Comfort Plant • and specifically is identified as the Ethylene Complex Expansion Project with an estimated operational life of 30 years. The nature of the construction is more completely described in the Application. The estimated start of construction is June 1, 1989 and completion of construction is estimated to occur in 1991. A complete property des- cription is contained in the Application. -3- • 15. Should the County determine that Formosa is in default tin the performance of any of the terms or conditions of this Agreement, the County shall notify Formosa in writing at the address stated in this Agreement,- and if such default is not cured within 60 days from the date of written notice, this Agreement may be terminated by the County. (a) The following shall be considered events of default, should Formosa: (1) Allow any of its ad valorem taxes owed to the County to become delinquent without timely and pro- per protest and/or contest; or • (2) Violate any of the terms and conditions of this or any other abatement agreement with the County; or (3) Discontinue producing the product or service described in the Application for any reason excepting fire, explosion or other casualty or accident or natural disaster for a period of one year during the abatement period after the facility is completed and begins producing the product or service; or 4. Violate any written term, covenant, condition or agreement, made by Formosa to the County. (b) Termination of the Tax Abatement Agreement for cause shall be retroactive to the effective date of this Agreement. Termi- nation shall be effected by resolution of the Commissioners, and written notice of termination shall be mailed to Formosa. (c) On termination for cause, Formosa shall then become liable for the payment of all taxes that would have otherwise become due but for this Abatement Agreement for all calendar years during which this Abatement agreement was in effect. Such taxes shall be • paid to the County within 60 days from the date of receipt of notice of termination. All such taxes shall include statutory penalty and interest from the date they would otherwise have become delinquent, as if they had not been abated, until the date they are actually paid. 16. The administration and enforcement of this Agreement shall be in accordance with the terms contained herein and the Amended Guidelines and Criteria for Granting Tax Abatement as adopted by the Commissioners Court of Calhoun County, Texas on April 15, 1988. In 79 -4- n U the event of any conflict in the terms of this Agreement and the Amended Guidelines and Criteria for Granting Tax Abatement adopted by the County, the provisions of this Agreement shall prevail, unless prohibited by law, then the Amended Guidelines and Criteria adopted by the County and their provisions shall prevail. 17. The estimated amount of eligible investment as described in the Application is $1,700,000,000.00. It is estimated that an average of 1500 new permanent jobs will be created as a result of the new or expanded facilities. Substantial compliance with these estimates will be acceptable. 18. It is specifically understood and agreed that the designation of the reinvestment zone in which the eligible property described in this Tax Abatement Agreement is located is valid for a period of five years from May 31, 1989, unless subsequently extended. • The fact that the designation of reinvestment zone may expire before this Agreement terminates shall not affect the terms and conditions of this Agreement. 19. Formosa hereby agrees to hold harmless and indemnify the County, Commissioners Court, the County Judge and Commissioners from and against any and all claims, demands and causes of action of every kind and character (including the amounts of judgments, penalties, interest, Court costs and legal fees incurred by the County and the Court in defense of same) occurring or in anywise incident to or in connection with or arising out of the covenants to be performed by Formosa under and pursuant to the terms of this Agreement, or any rights or provisions granted hereunder. 20. In the event either Formosa, or any third party, firm or corporation, or other governmental agency should contest any term, convenant or condition contained in this Agreement, or attempt to prevent or negate the enforceability of any of such terms, covenants or conditions, at the option of the County, this Agreement may be • terminated, and all taxes that would have otherwise been due but for this Abatement Agreement will become due and payable within 60 days from date of written notice of the amounts due and owing, including penalty and interest as provided in paragraph 15 of the Agreement. 21. Within 30 days from receipt of written notice, Formosa will reimburse the County for any expenses incurred by the County for -5- /3 • processing and approving the Application for Tax Abatement, preparation and presentation of the Tax Abatement Agreement and any other expenses reasonably incurred by the County in any way related thereto, including all expenses that may be incurred in enforcing or defending any term, covenant or condition contained in this Agreement. In the event the Commissioners Court orders a feasibility study of the impact of the Formosa Project on the County during the term of this agreement, Formosa shall reimburse the County in accordance with the reimbursement procedure for the other expenses listed above. 22. This Agreement may not be assigned, either in whole or part, without the express written consent of County. • 23. This Agreement, in its entirety, shall be performable in Calhoun County, Texas. As part of the consideration for entering into this Agreement, both County and Formosa agree that any litigation to construe or enforce the terms and conditions of this Agreement shall be brought in the State Courts of Calhoun County, Texas. 24. Any notices required to be given hereunder, shall be given in writing as follows: (a) COUNTY: COUNTY JUDGE Commissioners Court of Calhoun County Calhoun County Courthouse 211 S. Ann St. Port Lavaca, Texas 77979 (b) FORMOSA: SITE MANAGER Formosa Plastics Corporation P.O. Drawer N 1800 S. Virginia • Port Lavaca, Texas 77979 25. This Agreement, in its entirety, including authority to execute it in this form, has been approved by the Commissioners Court of Calhoun County, Texas, in a Special Meeting of the Commissioners Court, after due notice as required by law, and pursuant to Resolution duly adopted by the members of the Commissioners Court on the 31st day of May,1989. 26. By acceptance of this Agreement and/or any benefits ?L - -6- U conferred hereunder, Formosa represents that its undersigned agent has complete and unrestricted authority to enter into this Tax Abatement Agreement and to obligate and bind Formosa to all of the terms, convenants and conditions contained in this Agreement. 27. This Agreement, in its entirety, shall be binding upon all the parties hereto, their respective successors and/or assigns. EXECUTED IN MULTIPLE ORIGINALS on and to be effective from the _day of , 1989. • ATTEST: I% 4 L M. Mi' Mary L is McMahan, County Clerk COUNTY: FORMOSA: FORMOSA PLASTICS CORPORATION us Larry G. Peyton, Vice -President Business Development -7- 7a� moo/ FORMOSA PLASTICS CORPORATION EXHIBIT .,A„ P. 0. DRAWER N 1800 SOUTH VIRGINIA PORT LAVACA, TEXAS 77979 April 21, 1989 The Honorable Alex R. Hernandez County Judge Calhoun County Courthouse Port Lavaca, Texas 77979 PHONE: 512/552-6222 FAX: 512/552-5577 RE: Application for Designation of Formosa Plastics Corporation Property as Reinvestment Zone and Tax Abatement Agreement. Dear Judge Hernandez: We respectfully request your acceptance of this letter of application from Formosa Plastics Corporation for the designation of its Calhoun County, Texas property as a Reinvestment Zone and furthermore as a Tax Abatement Agreement for the planned Ethylene Complex expansion. 1. The following is a listing of the kind, number and location of all proposed improvements on the property: A. The Olefins Plant. The Olefins plant is designed to produce 1.5 billion pounds of ethylene per year. Imported raw materials and those from the expanded Neumin gas separation units will be purified and treated prior to feeding to the ethylene crackers. The M.W. Kellogg Millisecond pyrolysis technology is being utilized. The pyrolysis furnaces, equipped with low NOx 7� burners, will be used to crack a range of feed stocks consisting C7 • • • of propane, butane, ethane/propane mix and/or naphtha condensate. The resulting products expected are ethylene, propylene, a mixed C - 4's product (butadiene and butylenes) and an aromatic concentrate (C - 6/5 raffinate, light and heavy fuel oil and pyrolysis gasoline). The cracked gas stream will be compressed, purified and separated into usable components. The final products will be utilized to produce intermediate chemicals in the downstream plants or sold on the open market. • This plant will be located as indicated on the attached plot plan (attachment #2). B. Aromatics Plant. Pyrolysis gasoline and other by products from the ethylene cracker will be separated and converted into P-xylene (180,000 metric tons per year), 0-xylene (100,000 metric tone per year) and Benzene (159,000 metric tons per year). The production from this plant will be exported and sold on the open market. C. Caustic/Chlorine Plant. An Ion Exchange Membrane (IEM) process will utilize 220 cells to produce 1244 million pounds of chlorine, 2496 million pounds of 50 % NaOH, 147 million is pounds of prill caustic and 26 million pounds of hydrogen from liquid brine. The chlorine gas product will be used in combination with ethylene to produce ethylene dichloride (EDC). The 50 % NaOH and the prill caustic will be sold on the open 77 • market. The hydrogen will be re -introduced into the process. The caustic/chlorine plant is located as indicated on the attached plot plan(attachment 1i2). D. Utilities Plant. Gas and steam turbines will be installed to produce 390 megawatts of electrical power. The electricity generated will be used primarily for the production • of caustic/ chlorine. However, ample power Is available for the rest of the complex. Steam generated by heat recovered from the gas turbines will be used to turn the steam turbines. The low pressure steam extracted from the steam turbine will be utilized throughout the plant where heat is required in the process. High purity water is required for the generation of steam. Therefore, additional raw water will be taken from Lake Texana through the Lavaca Navidad River Authority (LNRA) system. This raw water will be clarified, filtered and deionlzed for feed to the cogeneration unit and process plants. Waste treatment facilities are included in the utilities plant for all the waste water discharged from the complete complex. The utilities • plant will be located as indicated on the plot plan (attachment #2). E. RE Plant. 727 million pounds of RE (raw material for polyester resins) will be produced from the ethylene In this plant based on Scientific Design Company technology. It is expected that all this material will be exported through the deep 0 r� u • • water port at Point Comfort. Please see the plot plan (attachment #2). 4 F. Styrene Monomer Plant. High purity Styrene Monomer (SM) will be produced from by products from the ethylene cracking process. 200,000 metric tons per year will be produced In a two step process utilizing the latest technology in production and energy efficiency. The plant will be located as indicated on the attached plot plan (attachment #2). O. HDPE Plant. A low temperature, low pressure slurry process plant will be installed to produce high density polyethylene from the ethylene. The production of polyethylene pellets is estimated at 402 million pounds per year. The plant will consist of all process steps from gas purification through packaging and shipping. The HDPE facility will be located as indicated on the attached plot plan (attachment #2). H. Polypropylene Plant. Propylene produced from the Olefins plant will be polymerized into approximately 264 million pounds of polypropylene (PP) annually. The raw materials, propylene, ethylene, hydrogen and a special dual catalyst system are continuously fed to a gas phase reaction system. There will be six reaction vessels in four production lines. A complete facility including gas recovery, powder 73 U recovery, pelletization and product packaging and shipping will be installed. The plant will be located as indicated on the attached plot plan (attachment #2). I. Ethylene Dichloride. Ethylene dichloride (EDC) will be produced from ethylene and gaseous chlorine in the • presence of a catalyst. The estimated production from this plant will be 1320 million pounds. Most of the EDC is scheduled for export through the port of Point Comfort. Shore side tanks will be utilized for the direct loading of the material to the ships. The EDC plant is located as indicated on the attached plot plan (attachment #2). J. Shipping and Material Handling Facilities will be constructed for the storage, handling and loading of finished goods. A rail spur will be constructed to encircle the perimeter of the property to allow for efficient car handling and storage. Warehouses for finished goods, packaged raw materials and spare parts will be constructed. These facilities will be located as • Indicated in the attached plot plan (attachment #2). K. Shore Side Tank Farm. A tank farm will be Installed and utilized for the storage and handling of imported raw materials and finished goods for export. This facility will be located north of the CP a L Joslin Electric Plant, south of the Alcoa 'mud lakes' and east of FM 1593 as indicated on the map (attachment 91). L. Buildings will be constructed for the administration, maintenance, supply warehouse, control rooms and the like, throughout the complex as indicated on the plant plot plan (attachment #2). • 2. Statement of the uses of the property. Formosa Plastics Corporation's property in Calhoun County, Texas will be utilized for the processing, purification, and the conversion of raw materials into intermediate and finished goods; and the processing, purification, packaging and shipping of the Intermediate and finished goods to the open market, both domestic and international, as described in section 1 of this application. The proposed use is consistent with the use of the existing property, The new facility will significantly encourage further development in the Reinvestment Zone during the time the tax exemptions are in effect because of its inherent design to convert base raw materials into intermediate raw materials that require more complete processing before they can be marketed to • the actual consumer. 3. A map showing the existing uses and conditions of real property in the Reinvestment Zone is supplied as 'attachment 31. • 4. A map showing the proposed improvements and uses In the Reinvestment Zone is attached as 'attachment 11. 5. The new value that will result from the expansion and new improvements Is estimated to be $1,700,000,000.00. 6. New job estimates for this facility are 1500 permanent • full time. 7. It is estimated that construction will begin as soon as this application is submitted. The construction is scheduled to be complete by the last day of December, 1991. The expenditure schedule is estimated to be. YEAR EXPENDITURE 1989 $326,000,000.00 1990 711,000,000.00 1991 663,000,000.00 Total $1,700,000,000.00 S. The facility will be a vertical expansion of the • existing plant site, the heart of which is the Olefins complex. Raw material purification systems will be Installed to feed the Olefins crackers which will produce a variety of intermediate raw materials for the down stream plants. The existing EDC/VCM/PVC plant will become an integral part of the new down stream plants scheduled for construction-HDPE,PP,EDC,Caustic/Chlorine, Aromatics,SM and RE. r-I u Utilities will be constructed to purify raw water delivered to the plant and waste water leaving the plant, and to generate and distribute electrical power and steam. Raw material, finished goods and spare parts handling and storage systems will be constructed in the plant and at the Point Comfort dock including roadways, rail spurs, scales and the like. 9. The legal description of the property is included as • 'attachment 41. 0 10. The assessed value of the facility, separately stated for real and personal property, as of January 1, 1989 is $119,675,400.00 11. Formosa Plastics Group would like to supply the following information to assist the Commissioners Court in making their judgement: a. This project is a Formosa Plastics Corporation manufacturing facility which establishes its eligibility within the criteria as set forth in the Guidelines and Criteria. b. Formosa Plastics Corporation will make the specific improvements to the property as described in section 1 of this application if the Reinvestment Zone status is granted and the Tax Abatement Agreement is approved. • c. Formosa Plastics Corporation assures the County that it will abide by all conditions of the Tax Abatement Agreement and the Amended Guidelines and Criteria for Tax Abatement in effect on the date of granting this application. d. It is estimated that an additional 3.83 times as many jobs will be created in the region (See the Perryman report • "... Economic Impact Of The Formosa..." attachment #5.) as will be within the Formosa Plastics plant. This means that the project will contribute to the retention and expansion of primary employment by creating approximately 1500 new full-time permanent jobs and (1500 x 3.83) 5745 indirect jobs. e. The property value to be abated will be limited to property that Is eligible under the Guidelines and Criteria. Those items will be the buildings, structures, fixed machinery, laboratories, site improvements, roads, railroads, treatment facilities, pipe racks, underground piping and the like, that are necessary for the operation and administration of a manufacturing facility. • f. This expansion and planned use of the property will not constitute a hazard to the public health, safety or morals. The facility will be designed to meet the beat available demonstrated technology for environmental compliance. Construction permits have been applied for through the Texas Air 941 • Control Board (TACB) and the Region 6 Federal Environmental Protection Agency (EPA). This facility will not be constructed without obtaining all necessary local, state and federal environmental and construction permits. g. The Chairman of The Board of Formosa Plastics Group, Mr. Y. C. Wang, first announced this project publicly in the presence of state, county and city officials in the Bauer is Community Center in the City of Port Lavaca, Calhoun County, Texas at noon on October 31, 1988. h. Formosa Plastics Corporation assures the members of Calhoun County Commissioners Court that construction has not started prior to the filing of this application for designation of a Reinvestment Zone and Tax Abatement Agreement. I. The estimated life of the improvements to be placed on this property is 30 years. J. Although the Commissioners Court is familiar with Formosa Plastics Corporation, we have included a copy of the • Formosa Plastic Group's 1987 Annual Report and a Formosa Plastics Corporation U.S.A. brochure (attachment 6). k. Formosa Plastics Corporation submits that this application establishes the following in response to the d� • eligibility criteria in Section 2(1) economic qualification in the Guidelines and Criteria: 1.) The appraised value of the property will increase an estimated $1,700,000,000.00 after the completion of the construction. This represents an increase of the appraised value of the eligible property of more than 14 times after the abatement • period has expired. 2.) The new facility will create employment for approximately 1500 people on a full-time permanent basis. 3.) This project will not have the effect of transferring employment from one part of Calhoun County to another. 4.) This project is necessary because capacity cannot be provided efficiently utilizing the existing Improved property when reasonable allowance is made for necessary improvements. 5.) This project can be expected to attract major Investments in the Reinvestment Zone that would be a benefit to the property included in the zone. • 6.) The development anticipated to occur in the proposed Reinvestment Zone will contribute to the economic development of the county as estimated by the Perryman report in attachment 5. Qi r L J is 11 1. Formosa Plastics Corporation also respectfully requests that the Commissioners Court of Calhoun County grant a variance of the "Amended Guidelines and Criteria of The Commissioners Court of Calhoun County for Granting Tax Abatement In Reinvestment Zones Created In Calhoun County". Specifically, Formosa Plastics Corporation requests that the term and percent of abatement as described in section 3 of the aforementioned document be changed to the following. This proposal is submitted with the understanding that the resident employee population in Calhoun County must be at least 35% by year 3 in order to obtain the additional 16% tax abatement available. Year Year Year Year Year Year Year 1 2 3 4 6 6 7 Baseline % 100 100 85 85 85 85 85 Abatement Resident Employee % 0 0 15 15 15 16 15 Maximum Rebate % Available 100 100 100 100 100 100 100 This request is being made because of the magnitude of the Project and its positive economic impact on the county. N • If additional information is required to properly assess this application please contact me at 512-552-6222. We also respectfully request that you process this joint application in a most expeditious manner. Sincerely, • arry Peyton Vice President Business Development cc: Mr. Oscar Hahn; Precinct #6 Mr. Leroy Belk; Precinct #1 Mr. Stanley Mikula; Precinct #2 Mr. Roy Smith; Precinct #3 • 5� ATTACHMENT 1 MAP OF FORMOSA PLASTICS CORPORATION'S PROPERTY SHOWING THE PROPOSED IMPROVEMENTS. (MAPS IN FILE #20-10-37)(office of County Judge's Secretary) EXSSTINORIMPROVEMENTS' P-BOPOSED` LT"YEMENTS ,yry�r) 7�#66firJTt'jx3i:i; ��. • 0 ATTACHMENT 2 FORMOSA PLASTICS CORPORATION'S PLOT PLAN MAP OF THE PROPOSED PRODUCTION FACILITY WITH A REPRESENTATION OF THE EXISTING PLANT. (MAPS IN FILE #20-10-37) (office of County Judge's Secretary) XXISTIN(iPPLANT RPOMBRI KWHYLENEnCOMPLEN • • E a I n U ATTACHMENT 3 MAP SHOWING THE FORMOSA PLASTICS CORPORATION PROPERTY IN THE CURRENT, UNIMPROVED CONDITION. (MAPS IN FILE #20-10-37) (office of County Judge's Secretary) RXISTING"'IMPROVEMENTS 8NI14PROVED-PROPERTY • • 91 ATTACHMENT LEGAL DESCRIPTION AND SURVEYS OF ALL FORMOSA PLASTICS CORP. PROPERTY IN PROPOSED REINVESTMENT ZONE. EXISTING PLANT DESCRIPTION 1 ETHYLENE COMPLEX DESCRIPTION 2 DOCK PROPERTY DESCRIPTION 3 • C� C �223.47 Acres Part of the Thomas Cox Survey, Existing Plant A-10 and the Phillip Dimmit Description No. 1 Survey, A-11, Calhoun County, Texas STATE OF TEXAS X COUNTY OF CALHOUN X • FIELDNOTE DESCRIPTION of a tract or parcel of land containing 223.47 acres situated in and a part of the Thomas Cox Survey, A- 10, and the Phillip Dimmit Survey, A-11, Calhoun County, Texas. This 223.47 acres is further described as being a part of that same 911.38 acre tract conveyed from Stella Traylor, a widow, Dixon Lee Traylor, Jr., and wife, Dorothy Sue Traylor, and Patricia Lynne Brady and husband, Sam H. Brady, to Aluminum Company of America by Deed of Record in Volume 294, pages 617- 621 of the Deed Records of Calhoun County, Texas. This 223.47 acres is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod in the Northwest line of State Highway No. 35. Said 5/8 inch iron rod bears South 01 degrees 01' East, 11.80 feet from the South- east corner of a 1.7365 acre tract conveyed from Aluminum Company of America to J.E. Ezzell by Deed of Record in Volume 273, pages 653-655 of the Deed Records of Calhoun County, Texas; THENCE, North 01 degrees O1' West, with the city limits line of the City of Point Comfort for a distance of 1252.15 feet to a point for corner; THENCE, South 89 degrees 04' West continuing with said city limits line for a distance of 1223.77 feet to a point for corner; • THENCE, North 00 degrees 56' West with the West line of this 223.47 acres herein described for a distance of 1562.01 feet to a 5/8 inch iron rod set in concrete for corner; THENCE, North 89 degrees 04' East with the North line of the herein described 223.47 acres pass at 2000.00 feet a 5/8 inch iron rod set in concrete, pass at 4000.00 feet a 5/8 inch iron rod set in concrete for a total distance of 6228.22 feet to a 5/8 inch iron rod set in concrete for point of angle to the left in said North line; THENCE, North 61 degrees 41' East continuing with said North line pass at 1308.56 feet a 5/8 inch iron rod set in concrete and for a total distance of 1541.88 feet to the center of Cox's Creek for the Northeast corner of the herein described 223.47 acres; THENCE, South 05 degrees 53' 24" West with the center of Cox's Creek a distance of 79.04 feet; THENCE, South 30 degrees 41' 37" East continuing with said center of Cox's Creek for a distance of 84.77 feet to a point in the North line of State Highway No. 35; • THENCE, South 61 degrees 41' West with said North line of State Highway No. 35 for a distance of 144.57 feet to a concrete right-of-way monument found for corner; THENCE, South 28 degrees 19' East for a distance of 50.0 feet to a concrete right-of-way monument found for corner; !:3 THENCE, South 61 degrees 41' West with said North line of State Highway No. 35 for a distance of 2363.75 feet (actual) 2364 feet (call) to a 5/8 inch iron rod found for the Southeast corner of a 1.038 acre tract describ- ed in a Deed from D.L. Traylor, Jr., et al. to the State of Texas of record in Volume 228, page 36 of the Deed Records of Calhoun County, Texas; THENCE, North 49 degrees 286 West for a distance of 241.78 feet (actual) 241.32 feet (call) to a 5/8 inch iron rod found for corner; THENCE, South 61 degrees 41' West with the North line of said 1.038 acre for a distance of 273.70 feet (actual) 273.79 feet (call) to a 5/8 inch iron rod found for corner; THENCE, South 01 degrees 17' West (actual) South 01 degrees 13' West (call) for a distance of 253.22 feet (actual) 252.86 feet (call) to a 5/8 inch iron rod found for corner in the North line of State Highway No. 35; THENCE FOLLOWING, the North line of State Highway No. 35 as follows: South 61 degrees.41' West for a distance of 249.42 feet (actual) 249.55 feet (call) to a broken concrete right-of-way monument; South 28 degrees 191 East for a distance of 5.0 feet to a 5/8 inch iron rod found for corner; South 61 degrees 43' West for a distance of 2348.67 feet (actual) 2348.99 feet (call) to a concrete right-of-way monument found for a point of angle to the left in said North right-of-way of State Highway No. 35; THENCE, South 61 degrees 42' West continuing with the North line of State Highway No. 35 for a distance of 1611.79 feet (actual) 1608.00 feet (call) to the PLACE OF BEGINNING, CONTAINING within these metes and bounds 223.47 acres situated in and a part of the Thomas Cox Survey, A-10 and the Phillip Dimmit Survey, A-11, Calhoun County, Texas. The foregoing FIELDNOTE DESCRIPTION was prepared from office calculations based on an actual survey made in may 1979, and is true and correct to the best of my knowledge and belief. #9350.040 OF TF a6: *TEIY40ND E. MUCH IN EY6'C REGISTERED PUBLIC SURVEYOR NO. 1840 -2- • r L J CJ 9tk +/ 1131.22 Acres, More or Less Plant Site Description No. 2 STATE OF TEXAS X COUNTY OF CALHOUN X Being in and a Part of the New Phillip Dimmit Survey, Abstract No. 11, Calhoun County, Texas • FIELDNOTE DESCRIPTION: Being 1131.22 acres, more or less, situated in and a part of the Phillip Dimmit Survey, Abstract No. 11, Calhoun County, Texas. Said 1131.22 acres, more or less, being in and a part of two (2) tracts or parcels of land, first being that certain 909.53 acres of land conveyed in a Deed from Gene C. Traylor, et ux. to Aluminum Company of America, dated December 18, 1978, and recorded in Volume 294, page 599 of the Deed Records of Calhoun County, Texas. Second, being that certain 911.38 acre tract conveyed from Stella Traylor, et al. to Aluminum Company of America by Deed dated December 11, 1975, and recorded in Volume 294, pages 617-621 of the Deed Records of Calhoun County, Texas. This 1131.22 acres, more or less, is more particularly described by metes and bounds as follows: BEGINNING at a found concrete monument marking the Northwest corner of a 255.711 acre tract conveyed from Aluminum Company of America to Formosa Plastics Corporation, U.S.A. by deed dated June 5, 1980, and recorded in Volume 329, pages 785-796 of the Calhoun County Deed Records; THENCE, North 00 degrees 56' 00" West, 150.00 feet East of and parallel to the East line of Farm -to -Market Highway No. 1593 for a distance of 987.86 feet to a 5/8 inch iron rod for a corner; THENCE, North 00 degrees 58' 00" W with said line • 150.00 feet East of and parallel to the East line of aforesaid Farm -to -Market Highway No. 1593 for a distance of 2898.63 feet to a 5/8 inch iron rod set in the North line of said 911.38 acres also being the South line of aforesaid 909.53 acres of land for a corner; THENCE, North 00 degrees 57' 14" West continuing with a line which is 150.00 feet East of and parallel to the East line of Farm -to -Market Highway No. 1593 for a distance of 2715.34 feet to a point for corner in the Jackson -Calhoun County line; THENCE, North 88 degrees 54' 29" E, with said Jackson - Calhoun County line for a distance of 7729.64 feet to a point for corner in the centerline of Cox's Creek; THENCE, with the centerline meanders of Cox's Creek as follows: South South South South South South 04 degrees 23' 36" East, 69.50 feet; 21 degrees 45' 00" West, 140.00 feet; 20 degrees 30' 00" East, 211.00 feet; 02 degrees 35' 00" East, 201.00 feet; 10 degrees 20' 00" East, 200.00 feet; 23 degrees 10' 00" West, 85.00 feet; • South 66 degrees South 05 degrees South 34 degrees South 22 degrees South 50 degrees South 33 degrees South 33 degrees South 03 degrees 00' 00" West, 190.00 feet; 30' 00" West, 630.00 feet; 00' 00" West, 210.00 feet; 10' 00" West, 705.00 feet; 15' 00" West, 210.00 feet; 00' 00" West, 235.86 feet; 00' 00" West, 66.14 feet; 40' 00" East, 200.00 feet; M South 40 degrees 10' 00" East, 170.00 feet; North 83 degrees 35' 00" East, 100.00 feet; South 66 degrees 10' 0011 East, 200.00 feet; South 27 degrees 25' 00" East, 391.00 feet; South 75 degrees,20' 00" East, 155.00 feet; North 62 degrees 45' 00" East, 110.00 feet; South 89 degrees 00' 00" East, 90.00 feet; South 39 degrees 31' 0011 East, 202.10 feet; South 01 degrees 16' 00" East 48.44 feet; South 12 degrees 48' 59" East, 103.94 feet; South 02 degrees 41' 37" East, 172.25 feet; South 23 degrees 20' 36" East, 305.61 feet; South 14 degrees 46' 38" East, 97.24 feet; South 05 degrees 25' 38" East, 111.13 feet;* South 07 degrees 51' 23" West, 275.05 feet; South 29 degrees 37' 24" West, 177.81 feet; South 50 degrees 111 24" West, 133.36 feet; South 35 degrees 23' 24" West, 286.16 feet; South 37 degrees 44' 23" West, 333.40 feet; South 04 degrees 21' 24" West, 166.70 feet; South 56 degrees 14' 36" East, 125.02 feet; South 70 degrees 32' 35" East, 63.90 feet; South 51 degrees 36' 38" East, 66.68 feet; South 23 degrees 50' 23" East, 75.01 feet; and South 05 degrees 53' 25" West, 48.03 feet to a point at the Northeast corner of a 255.711 acre tract conveyed from Aluminum Company of America to Formosa Plastics Corporation, U.S.A., by Deed dated June 5, 1980, and recorded in Volume 329, pages 785-796 of the Deed Records of Calhoun County, Texas; THENCE, South 61 degrees 41' 00" West along North line of afore -referenced 255.711 acres at 261.12 feet passing a 5/8 inch iron rod in concrete found on line at 1514.08 feet, set on line a total distance of 1541.88 feet to a 5/8 inch iron rod found for a corner; THENCE, South 89 degrees 04' 00" West continuing with said North line of 255.711 acre tract at 2228.22 feet passing a 5/8 inch iron rod found on line at 4228.22 feet passing a 5/8 inch iron rod found on line for a total distance of 6228.22 feet to the PLACE OF BEGINN- ING, CONTAINING within these metes and bounds 1131.22 acres, more or less, situated in and a part of the Phillip Dimmit Survey, A-11, Calhoun County, Texas. The foregoing FIELDNOTE DESCRIPTION was prepared from office calculations based on an actual survey made in August 1987, and is true and correct to the best of my knowledge and belief. #9350.040 OF (31�J ELMOND E. TUCH {%V * REGISTERED PUBLIC SURVEYOR LMOND E. TUCH NO. 1840 .................... 1840 :a -2- • • is 44 Dock Property Being in and a part of the 18.09 Acres, More or Less Thomas Cox Survey, Abstract Description No. 3 No. 10, Calhoun County, Texas. STATE OF TEXAS X COUNTY OF CALHOUN X • FIELDNOTE DESCRIPTION: Being 18.09 acres, more or less, situated in and a part of the Thomas Cox Survey, Abstract No. 10, Calhoun County, Texas. Said 18.09 acres, more or less, is in and a part of that certain tract or parcel of land described as the First Tract (3062.40 acres, more or less) in a Deed conveyed from H.C. Smith and wife, Frankie Smith and W.H. Bauer and wife, Marjorie Bauer to the Aluminum Company of America recorded in Volume 61, page 321 of the Deed Records of Calhoun County, Texas. This.18.09 acres, more or less, is more particularly described by metes and bounds as follows: BEGINNING at a 1/4 inch iron rod found in the Southeast line of Farm -to -Market Highway No. 1593, for the North corner of this 18.09 acres being described, also being the West corner of a 2.18 acre tract (a 70' wide road easement) described in Volume 256, page 478 of the Deed Records of Calhoun County, Texas; THENCE, S 11 degrees 061 30" E along the West line of said 2.18 acres a distance of 1337.04 feet to a 1/4 inch iron rod found in the Phillip G. Young Shoreline Survey of 1948 for the Southeast corner of the herein described 18.09 acres; THENCE, N 86 degrees 58' 50" W with the 1948 Shoreline Survey a distance of 34.58 feet to a point for a corner of this 18.09 acres being described; • THENCE, N 84 degrees 28' 50" W continuing with 1948 Shoreline Survey a distance of 277.78 feet to a point for corner of the herein described 18.09 acres; THENCE, N 87 degrees 58' 50" W with 1948 Shoreline Survey a distance of 558.34 feet to a point for a corner of this 18.09 acres being described; THENCE, S 83 degrees 46' 10" W a distance of 267.11 feet to a point for the Southwest corner of the herein described 18.09 acres; THENCE, N O1 degree 04' 30" W a distance of 207.68 feet to a 5/8 inch iron rod found for a corner of this 18.09 acres being described; THENCE, N 18 degrees 13' 50" W a distance of 213.13 feet to a 5/8 inch iron rod set in the South line of Farm -to -Market Highway No. 1593 for the Northwest corner of the herein described 18.09 acres; THEW!P, w;.th the Synth 1.4nr ^f Farm-to--Marknt 1593 with a curve to the left with the following curve data: delta = 58 degrees 55' 5311, radius 1316.28 feet and an arc length 1353.86 feet to the PLACE OF BEGINNING; • CONTAINING within these metes and bounds 18.09 acres, more or less, situated in and a part of the Thomas Cox Survey, Abstract No. 10, Calhoun County, Texas. 9'7 The foregoing FIELDNOTE DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in December 1988, and is true and correct to the best of my knowledge and belief. #251.011 TELMOND E.'TUCH REGISTERED PUBLIC SURVEYOR NO. 1840 CJ r � J WM • ATTACHMENT b M. RAY PERRYMAN CONSULTANTS,.INC. REPORT TO THE FIRST VICTORIA NATIONAL BANK. • • 0 THE POTENTIAL ECONOMIC IMPACT OF THE FORMOSA PLASTICS FACILITY ON THE CALHOUN-VICTORIA-JACKSON COUNTY AREA Prepared For First Victoria National Bank LZ M. Ray Parr yman Consultants, Inc. O. Box 6028 Waco, Texas 76706 817-755-8705 January, 1989 n U • C • • THE POTENTIAL ECONOMIC IMPACT OF THE FORMOSA PLASTICS FACILITY ON THE CALHOUN-VICTORIA-JACKSON COUNTY AREA This report offers an initial set of findings regarding the potential economic impact of the recently announced Formosa Plastics expansion on the areas of Calhoun, Victoria, and Jackson Counties. This complex is one of the most significant investments in the Texas manufacturing complex in recent years. This enormous and technologically sophisticated chemical and plastics facility will bring fundamental changes to the struc- AIPACTOFFORMOSAPLASTICS OPERATroNSONEXPEN0ITURES true of the local economy. W THE CALHOUN-VICTORIA.LICKSON COUNTY AREA THOUSANDS OF CONSTANT (19M) OOLLARS AGIOLLTU4E II 0* WM V"Q CONSTRUCTION "?MS NONDURABLE Wf-Mium IN U05,11 1 Victoria and the surrounding area have long been dependent on the oil and gas extraction sector for fundamental economic prosperity. The area reached its peak in employment in late 1981 and early 1982, as the output of the energy sector soared prior to the oil world glut. At that point in time, approximately one third of the Real Gross Area Product of this region (more than $400 million an- nually) was directly tied to some phase of drilling activity. Since that time, the area has experienced substantial economic difficulties. Diversification efforts have been notable and quite successful. A number of small business initiatives have been implemented, and several new manu- facturing complexes have developed. In the Formosa Plastics facility, however, the area finds an entirely new dimension of economic growth. The plant itself will employ a large number of individuals, and its spillover or "multiplier" effects will indeed be dramatic. i I ( I I I I The current report gives a brief 0 20M 40= e0= 90= loom synopsis of some initial findings regard- ing the impact of Formosa Plastics. These estimates are derived from the Texas Multi -Regional Impact Assessment System. This complex model may be implemented for several hundred different industrial categories. In this instance, the three -county area which is most signifi- cantly impacted by the new plant was examined. The current report focuses upon the effect of the con- struction and the operation of the facility on basic economic activity within the region. /c CONSTRUCTION The initial impact of the Formosa Plastics facility on local business conditions occurs during the construction phase. The complex is projected to be built over a three-year period at a cost of approxi- mately $1.3 billion. Accord - IMPACT OF FORMOSA PLASTICS OPERATIONS ON EARNINGS ing to the analysis by M. Ray IN THE CALHOUN-VICTOAUJACXSON COUNTYAREA Perryman Consultants, Inc., approximately 57.9% of the THOUSANDS OF CONSTANT IIseet DOLLARS direct construction dollars,i.e., $752.6 million, will AGRICULTURE NNING CONSTRUCTION NONDURABLE DURABLE TOU TRADE FIRE SERVICES $17.11119 remain in the Calhoun, Vic- toria, and Jackson County areas. This construction will generate overall direct and indirect economic activity of almost $1.5 billion over this time horizon. Approximately $525.8 million in earnings will emerge, with approxi- mately 24,100 "job years" of employment. Assuming three-year construction phase, this initially translates into more than 8,000 jobs per year. OPERATIONS IMPACT Once the complex is com- pleted, M. Ray Perryman Consultants, Inc. estimates that the annual expenditure stream generated in the three - county area from direct op- erations will be about $499.1 million per year. The facil- 4 5= low I5M ity will result in additional indirect outlays, with the total impact on local spending being $1143.6 million. Consequently, the expenditure multiplier for this fa- cility on the local economy is approximately 2.29, i.e., for every dollar of direct activity an additional $1.29 of indirect spending is anticipated. Withregard to earnings, the $85 million estimated payroll will include about $76.56 million which remains in the three -county area, i.e., approximately 90.1 % of the total direct earnings. Overall multipliers bring total income in the region from this operation to $225.1 million. Consequently, the earnings multiplier from the Formosa Plastics facility is estimated to be 2.94. The major impact of most interest in the local economy is, of course, that of permanent new jobs generated by the facility. Because of the current support base, related industries, and the tendency of the chemical industry toward substantial spillover activity, the estimated 1700 direct local jobs will transl Wore than 8200 total positions in the area. In other words, the employment multiplier is 4.8 r 3.83 i direct jobs associated with each worker at the complex. • • • • • • SUMMARY Obviously, the economic impact of the Formosa Plastics facility will fundamentally change the character of the Calhoun -Victoria -Jackson County area and permanently alter its set of economic oppor- tunities. The spillover effects are enormous, and the potential for collateral development building from this new activity is outstanding. Nevertheless, a new facility of this nature requires careful and consid- ered planning of its overall impact. It brings changes in local housing IMOACTOFFORACS4PASNCSOPOUTKIN ON EAROYMENr markets, occupational needs, gov- IN THE CAWOUN-VICTORNJACKSONCOUNTY AREA ernmental services, and a host of other planning considerations. This JOBS report is designed only to offer a AGRICULTURE UHw CONSTMXMN NONOUIUBLE DURAS E TCU TRADE FBIE SERVICES E.557 preliminary assessment of the magnitude of the economic effects. It can not begin to provide all the planning resources which will come from a much more detailed and thorough analysis of the overall economic complex of the area and its potential for future develop- ment. This region has always been characterized by a sense of resil- iency and responsiveness. One era of prosperity was interrupted with the closure of a major military facility. The area came back, aggressively pursuing opportuni- ties presented by the rapid escala- tion of petroleum prices. Once the world oil glut came about, the region again suffered an economic down- turn. Nevertheless, the response was immediate and direct. Ag- low 2W 3M 4W gressive economic initiatives, small business programs, and industrial recruitment became the order of the day. With the coming of Formosa Plastics, a new era of prosperity emerges. Through concentrated and well -conceived efforts to fully take advantage of the many opportunities afforded by this facility in a comprehensive manner that preserves the local quality of life, this three -county area can assure itself of sustained prosperity and business expansion. 103 THE IMPACT OF FORMOSA PLASTICS ON THE AGGREGATE ECONOMIC ACTIVITY IN THE CALHOUN•VICTORIA•JACKSON COUNTY AREA DIRECT EXPENDITURES (000): CONSTRUCTION ............. TOTAL ACTIVITY OVER ------------- THREE YEARS EMPLOYMENT EXPENDITURES EARNINGS (PERSON -TEARS) 2752,502.069 S752,502.069 S752,502.069 CONSTRUCTION ------------AVERAGE ANNUAL (MR ------------ THREE YEAR EMPLOYMENT EXPENDITURES EARNINGS (JOBS PER YEAR) S250,834.023 3250,834.023 S250,834.023 PERMANENT ------------.ANNUAL IMPACT ------------- OF OPERATIONS EMPLOYMENT EXPENDITURES EARNINGS (PERMANENT) S499,083.750 5499,083.750 S499,083.750 TOTAL EFFECT BY INDUSTRY: AGRICULTURAL PRODUCTS L SERVICES S22,198.811 S4,439.762 402.062 S7,399.604 21,479.921 134.021 1101830.117 $2,195.968 197.837 FORESTRY L FISHERY PRODUCTS 9526.751 S150.500 7.977 S175.584 $50.167 2.659 S249.542 549.908 4.092 COAL MINING SO.000 'SO.000 0.000 50.000 SO.000 0.000 $0.000 $0.000 0.000 CRUDE PETROLEUM L NATURAL GAS S18,586.801 S1,881.255 65.091 S6,195.600 $627.085 21.697 S41,573.676 S4,192.303 145.533 MISCELLANEOUS MINING S3,311.009 S903.002 47.934 S1,103.670 $301.001 15.97E S6,488.089 S1,347.526 70.471 NEU CONSTRUCTION S752,502.069 SZ98,743.3ZZ 12000.000 S250,834.023 S99,581.107 4000.000 90.000 SO.000 0.000 MAINTENANCE L REPAIR CONSTRUCTION S17,988.062 98,068.175 323.256 S5,996.021 S2,689.392 107.752 917,544.508 38,070.474 324.310 FOOD PRODUCTS 6 TOBACCO $25,068.310 S3,378.591 142.777 S8,356.103 $1,126.197 47.592 $1119SO.885 S1,576.853 66.947 TEXTILE MILL PRODUCTS SO.000 SO.000 0.000 20.000 $0.000 0.000 SD.000 SO.000 0.000 APPAREL $38.978 $10.980 0.817 $12.993 S3.660 0.272 S17.113 S4.733 0,357 PAPER L ALLIED PRODUCTS $0.000 SO.000 0.000 SO.000 S0.000 0.000 SO.000 SO.000 _ 0.000 PRINTING L PUBLISHING S5,648.810 S1,815.689 55.741 S1,882.937 S605.230 28.580 $5,057.739 $1,685.913 78.997 CHEMICALS L PETROLEUM REFINING S61,253.668 S4,665.513 103.018 $20,417.889 S1,555.171 34.339 S773,979.079 S118,732.024 2636.360 RUBBER AND LEATHER PRODUCTS S9,180.525 S2,257.506 99.255 $3,060.175 S752.502 33.085 $15,072.329 S3,493.586 153.917 LUMBER PRODUCTS L FURNITURE S789.589 $175.833 9.432 S263.196 $58.611 3.144 S92.414 $24.204 1.256 STONE, CLAY, L GLASS PRODUCTS $40,936.113 $10,158.778 418.692 S13,645.371 S3,386.259 139.564 S2,894.686 S798.534 32.940 PRIMARY METAL S27,767.326 16,170.517 194.070 S9,255.775 $2,056.839 64.690 S5,489.921 S998.167 31.243 FABRICATED METAL PRODUCTS S47,555.594 S11,649.421 467.522 S15,851.865 $3,883.140 155.841 $3,504.490 S840.258 33.590 MACHINERY, EXCEPT ELECTRICAL S13,714.627 S3,669.589 121.467 S4,571.542 S1,2Z3.196 40.489 S2,679.628 Y811.264 26.821 ELECTRIC L ELE67RONIC EQUIPMENT S185.003 S61.371 2.029 S61.668 $20.457 0.676 S28.905 $8.849 0.295 MOTOR VEHICLES L EQUIPMENT WOOD SO.000 0.000 SO.000 SO.000 0.000 SO.000 SO.000 O.ODO THE IMPACT OF FORMOSA PLASTICS ON THE AGGREGATE ECONOMIC ACTIVITY IN THE CALHOUN-VICTOR IA- JACKSON COUNTY AREA .: DIRECT EXPENDITURES (000): CONSTRUCTION ............. TOTAL ACTIVITY OVER------------- THREE YEARS EMPLOYMENT EXPENDITURES EARNINGS (PERSON -TEARS) 9752,502.069 $752,502.069 5752,502.069 CONSTRUCTION ------------AVERAGE ANNUAL OVER.----------- THREE YEARS EMPLOYMENT EXPENDITURES EARNINGS (JOBS PER YEAR) 5250,834.023 5250,834.023 $250,834.023 PERMANENT ------.......ANNUAL IMPACT -------------- OF OPERATIONS EMPLOYMENT EXPENDITURES EARNINGS (PERMANENT) s499,083.750 $499,083.750 $499,083.750 TOTAL EFFECT BY INDUSTRY: TRANSPORTATION EQUIPMENT EXCEPT MOTOR VEHICLES SS56.053 5153.394 $4.276 2155.351 551.131 51.425 5228.906 963.585 51.755 INSTRUMENTS S RELATED PRODUCTS 566.113 322.726 $0.851 $22.038 57.575 50.284 530.146 $9.592 50.386 MISCELLANEOUS MANUFACTURING 5715.263 5188.227 58.647 5238.421 562.742 $2.949 5386.999 5112.354 $5.093 TRANSPORTATION 532,291.678 $13,931.553 5535.442 510,763.893 54,643.851 5178.481 525,027.162 59,974.150 5383.209 COMMUNICATION 520,638.132 55,472.731 5164.973 56,879.377 51,824.244 $54.991 f11,326.391 f2,973.724 f89.649 ELECTRIC, GAS, WATER, S SANITARY SERVICE 542,290.616 54,214.012 $102.641 514,096.872 $1,404.671 f34.216 252, 154.252 f4,9<0.929 2120.828 WHOLESALE TRADE 249,198.120 519,239.488 $694.546 $16,399.373 56,413.163 5231.515 s27,829.502 510,876.596 5393.077 RETAIL TRADE 589,096.245 544,171.871 53,156.069 $29,698.748 514,723.957 51,052.023 $31,492.185 915,621.321 51,116.251 FINANCE $20,290.923 56,539.544 5234.568 $6,763.641 $2,179.848 $73.189 59,444.639 53,040.120 5109.647 INSURANCE $10,734.516 53,868.785 $153.008 $3,578.172 51,289.595 551.003 $4,463.226 51,606.207 $63.750 REAL ESTATE 531,662.736 Sl,Q00.366 5106.551 510,554.246 5333.455 $35.517 516,000.547 $586.327 563.154 HOTELS, LODGING PLACES, S AMUSEMENTS 55,944.041 $2,019.450 5192.076 51,981.347 5673.150 $64.025 92,552.374 5859.215 581.752 PERSONAL SERVICES 510,502.580 54,923.084 5450.364 53,500.860 $1,641.028 $150.121 $5,485.450 52,525.049 $229.213 BUSINESS SERVICES 538,765.246 520,302.476 5927.639 312,921.749 $6,767.492 5309.213 514,990.451 57,451.649 $340.161 EATING S DRINKING PLACES $32,126.424 510,056.381 51,072.591 510,708.808 s3,352.127 $357.530 517,950.045 55,595.400 5599.290 HEALTH SERVICES $33,486.342 $19,640.304 $840.319 511,162.114 56,546.768 $280.106 $14,223.887 $8,334.699 $356.695 MISCELLANEOUS SERVICES $25,242.034 59,491.839 5540.513 58,414.011 53,163.946 SIBO.171 212,590.591 54,704.177 5266.311 HOUSEHOLDS 5525,844.044 52,408.007 5428.926 $175,281.348 $802.669 9142.975 $225,105.826 5998.167 5182.016 TOTAL EFFECT ALL INDUSTRIES 51,490,659.113 5525,844.044 $24,105.339 5496,953.038 $175,281.348 58,035.113 $1,143,629.875 5225,105.826 58,209.203 NOTE: ALL MONETARY VALUES ARE IN THOUSANDS OF CONSTANT (1988) DOLLARS ' SOURCES TEXAS MULTI -REGIONAL IMPACT ASSESSMENT SYSTEM, M. RAY PERRYMAN CONSULTANTS, INC. t ATTACHMENT 6 FORMOSA PLASTICS GROUP ANNUAL REPORT 1987. FORMOSA PLASTICS CORPORATION, U.S.A. BROCHURE. • 11 is 1404 141 j�.Upr -ov, • • CONTENTS FORMOSA PLASTICS GROUP 1987 OPERATING HIGHLIGHTS FROM CHAIRMAN Y.C. WANG FORMOSA PLASTICS CORPORATION 2 FORMOSA PLASTICS CORPORATION, U.S.A. 5 FORMOSA PLASTICS MARINE CORPORATION 9 NAN YA PLASTICS CORPORATION 10 FORMOSA CHEMICALS & FIBRE CORPORATION 11 CYMA PLYWOOD & LUMBER CO., LTD. 17 17 SUNRISE PLYWOOD CORPORATION 20 OTHER COMPANIES 20 MING-CHI INSTITUTE OF TECHNOLOGY 22 CHANG GUNG MEDICAL COLLEGE 23 CHANG GUNG MEMORIAL HOSPITAL 25 26 FORMOS� PLASTICS GROUP I 201 TUN HWA NORTH ROAD TAIPEI, TAIWAN. R.O.C. TELEPHONE: (02)7122211 TELEX: 11246, 22260. 22603, TAIPEI CABLE: "PLASTICORP" TAIPEI 1 FAX:(02)7129211 (02)7129233 A The headquarters of Formosa Plastics Group In Taipei, Taiwan, R.O.C. FORMOSA PLASTICS GROUP 1987 OPERATING HIGHLIGHTS UNIT: US$1,000 (=NT$28,550) Company Capital Total Assets Operating Revenue Net Income Before Tax Profit Ratio (%) Return On Number of Capital (%) Employees Formosa Plastics Corp. 289,271 960,456 1,060,394 127,887 12.06 44.21 5,352 Nan Ya Plastics Corp. 316,214 1,201,140 1,594,539 133,114 8.35 42.10 12,560 Formosa Chemicals & 419,399 1,122.422 787,431 167,100 21.22 39.84 8,377 Fibre Corp. Cyma Plywood & 12,772 41,382 43,827 1.138 2.60 8.91 710 Lumber Co., Ltd. Sunrise Plywood Corp. 18,783 90.093 110,072 11.300 10.27 60A6 1,830 Others 459,341 1,833,102 1,665,299 254,379 15.28 55.38 15.383 Total 1,515,780 5,248,594 5,261,562 694,918 13.21 45.85 44,213 • In 1987, the combined sales of Formosa Plastics Group exceed- ed five billion U.S. dollars, the highest record in the Group's operational history. This record was achieved primarily through an increased corporate strength fostered by the efforts of all the Formosa Plastics Group employees to practice manage- ment rationalization. It was also furthered by the booming economy. Throughout the past year, the growing trade surplus with the United States has forced a con- stant appreciation of the New Taiwan dollar. This currency fluctuation has had an adverse effect on downstream export sales. Formosa Plastics Group is highly aware of its close in- terdependence with both upstream and downstream petrochemical processing, and sustains its philosophy of co- existence and mutual prosperity. Therefore, we continued throughout the past year to help in easing the pressure on downstream export sales by ab- sorbing the differences resulting from the currency appreciation. Given the circumstances, it was necessary for us to step up the momentum of our rationaliza- tion process, and thus ensure our own Group's continued prosperity. The fact that our 1987 operations met with con- /0 FROM CHAIRMAN Y.C. WANG FM"a M,Mf� tinned success proves that our efforts in this direction have produced highly effective results. In any developed economy there is a natural tendency toward intensified environmen- tal and union consciousness. During 1987 Taiwan was mark- ed by drastic changes. Major Political and social events gave rise to protests in the realm of environmental protection and labor union matters. This type of social awareness can impose heavy pressures on the business community. In order, therefore, to ensure the continued success of our Group we should be fully aware and prepared to cope with any en- vironmental changes. Business- es, in general, find further development in their efforts to overcome difficulties. The major question here lies in whether or not these protest ac- tions are based on just causes and whether they are presented in a manner which will exert positive pressure on, but not in- jure, business as a whole. It cannot be denied that the dominant motive behind run- ning any business is profit, which in turn assures far-reaching development and guarantees the well-being of its employees. In our opinion, however, the fun- damental reasons for running a business should be an enhanc- ed contribution to society through the company's effective operation and at the same time, elimination of negative in- fluences on society. If a business only concentrated on securing the highest possible profit, while totally disregard- ing its social obligation, the reason for the company's ex- istence would be questionable. The attitude of management towards environmental issues should stem from this same sense of obligation. Today, all involved must concede that in the past years the effectiveness of pollution control has been far from ideal. This was due to a lack of technical ability and insufficient understanding of the problems during the early days of Taiwan's industrial history. Presently, effective Pollution control programs should be aggressively pursued so that we can equal the control standards of other industrializ- ed countries in the near future. Business must commit itself ful- ly to this goal and must not ex- pect others to share this commitment. Industry and economic develop- ment should hold forth as their fundamental purpose the enhancement of mankind's well- being. It follows that a good, clean environment is indispen- sable to this well-being. Our in- dustrial development, however, is hindered by two inherent fac- tors: the shortage of natural resources and the narrow domestic market. We are forc- ed to rely on imported materials, which are processed into finished goods, mainly for export sale. Although our pre- sent industrial competitiveness still holds an edge as compared n U r -I L • L to other developing nations, we are now losing ground to South Korea, Mainland China and Southeast Asian countries. This loss is a result of our large in- crease in wages over productivi- ty in recent years. Our mission now, given these circumstances, is to use our knowledge and in- telligence to parallel industrial and economic development with satisfactory pollution con- trol. Both of these issues are major concerns and neither can be sacrificed for the other. On- ly by addressing both industrial growth and effective pollution control will the interests of our nation be most effectively served. The difficulty we face today is not a choice of priority between a clean environment or in- dustrial development. To choose that option would leave us without sufficient financial resources to continue the con- struction of public facilities which improve our modern society's living environment. Furthermore, that choice would ruin our dream of becoming a developed nation by the twenty first century. In order to achieve this, we must compare notes with in- dustrialized countries and establish our own set of prac- ticable pollution control stand- ards. When considering new plant construction, only those applicants who meet the set standards will receive permits and will be able to proceed without any outside in- terference. Established plants that do not conform to the stand- ards should be given a reasonable amount of time to make the necessary im- provements. During this period, no interference of any type should be allowed. However, if at the deadline the plant still does not conform to the stand- ards, a shutdown should be mandatory until compliance is reached. Similar measures are now being adopted in in- dustrialized nations. Only by adopting this type of action can we preclude involvement of unrelated factors and institute pollution programs in a rational manner. Before addressing the labor union actions, it would be ad- visable to briefly review the status of domestic business and the way in which its current level of development was achieved. Although in recent years the development of the high technology sector has been ad- vocated nationwide, the over- whelming majority of Taiwan's export products are labor inten- sive items. Even though we do produce some high technology related items, they lack the com- petitiveness needed in the export market. This situation is self-ex- planatory when one compares the high domestic prices to the international market prices. The local automotive and machinery industries still rely on imported parts and components, even though they have more than 30 years of development behind them. We may, therefore, con- clude that we owe our current economic development to the diligence and hard work of our highly competent work force. With the advent of economic growth came an increase in wages. This increase can be con- sidered by the business com- munity as a fair and reasonable reward for the high quality labor force. However, in the past few years, some businesses have tried to move their in- vestments to low wage Southeast Asian countries, in an attempt to escape the escalating wage cost. Our opinion is that, after having benefited from the quality labor force for so many years, business should now seriously implement their ra- tionalization plans in order to enrich their corporate strength for future growth as well as reward their employees' commitment. In order to assist in diverting this unjust trend, Formosa Plastics Group spon- sored several symposiums this year and invited over one thou- sand downstream customers to participate in the discussions. We further requested that they strengthen their internal ra- tionalization so as to improve their operational performance and thus assume full respon- sibility for the care and welfare of employees. While running a business, we are frequently confronted with highly - complicated personnel problems. Although it is the task of management to direct and implement rationalization, sometimes discrepancies can oc- cur at this level since all aspects of any problem can not always be taken into account. Manage- ment is not infallible and can unwittingly make incorrect deci- sions due to their subjective Point of view. Employees, on the other hand, are more apt to directly experience any existing abnormalities in the perform- ance of their daily routines. Thus, their suggestions can be seen as valuable references for improvement. Internal com- munication, therefore, should not only be unilateral but bilateral, i.e. from top to bot- tom, so that employees may have a precise understanding of their directions and goals; as well as from bottom to top, so that employees have an oppor- tunity to point out instances that they feel are abnormal and suggest improvements. Although abnormalities brought forward by employees may be contrived to some degree and their suggestions not always ap- propriate, it would be unwise for management to disregard or reject them. Whether they are right or wrong, the points brought forward by the employees can reflect the necessity for improvements in procedures or better com- munication with management. If the abnormalities pointed out are indeed valid, improvement measures should be taken forth- with. If an employee makes a certain suggestion because he does not fully comprehend the matter, it should be seen as a golden opportunity to bridge the communication gap. Management must then provide detailed information on the matter at hand, thus correcting the misunderstanding and fostering mutual recognition with the employee. By working in this manner the possibility of dispute and animosity can be minimized. At present, protest campaigns by domestic unions are widespread. Some of these pro- tests are based on reasons that go against common sense, thereby rendering them also unacceptable to the business community. These union ac- tions are one of the main reasons why domestic com- panies are considering moving their investments to foreign shores. Since there is, as yet, no formal law regulating union af- fairs, union protests are often concerned with factors unrelated with economy. This further complicates matters and makes it virtually impossible to anticipate future trends. The Government must now expedite the establishment of labor related laws, so that unions are offered just guidelines and their actions impact in a positive manner on the business world. Our country's economic development has guaranteed a high standard of living for our People. This has been a goal that we have pursued over many years with great pain and sacrifice. With these improved standards of living however comes the tendency towards complacency and material com- forts. Evidence of this fact is seen by the gradual movement of the labor force towards employment in the less demand- ing service industry and the shunning of the production in- dustry where the workload is usually heavier. In addition to the above, the apprecation of the New Taiwan dollar is apt to continue in the foreseeable future. Further- more, there will be continued difficulties and obstruction in the business community as a result of the ongoing en- vironmental problems and union protests. Consequently, the business community will be surrounded by both internal and external problems. Unfor- tunately, some of these matters cannot be resolved solely through our own effort; a ra- tional restructuring of the out- side world seems to be the only viable solution. Only if these circumstances are met, can domestic business expect to overcome the current diffi- culties and retain a healthy growth ratio in the years to come. • 0 /t^ • • • fb� ITYK, FORMUS The corporate sales arrived at US$1,060.3 million which is 32.660/0 over the preceding year (or 8.2% after deducting the re- cent appreciation of the New Taiwan dollar against the U.S dollar.) For a clean environment, we in- vested US$515 million to con- tinue our pollution control programs. In the area of product develop- ment, we succeeded in the technical know-how for manufacturing MBS (Methyl Methacrylate Butadiene Styrene Copolymer), blending PVC resins, SBR ( Styrene Buta- diene Rubber) latex, etc.. We also hit the market with new products such as carbon fiber, nongloss PVC, Tai-cal polyolefins processing modifier, carpet tile, etc.. From production process im- provement, an energy saving of US$74 million was achieved, which is worth 1% of the com- panywide energy consumption. A Construction of anew PVC plant (210,000MT/Y) and a MBS plant (12,000MT/Y) is under way at Lin Yuan. They are scheduled for completion before Sept. 1988. The carbon fiber plant at Jen Wu. Formosa Plastics Corp. Is one of the few companies in the world which possess the technology to produce such high-tech materials. //3 CIO' Mal: AC' The yearly PVC production jumped to 537,000 MT which is • 307o over the prior year. Despite our supply increase, we could not satisfy the ever larger domestic demand spurred by the booming economy. Thus we were forced to import some portions of our supply amount to relieve our customers of their shortage problem. The total domestic PVC de- mand for 1988 is anticipated to reach 1,000,000 MT and then a continued growth. As for HDPE (High Density Polyethylene), while running our own operation in full capacity, we also imported a large amount to meet the boom- ing domestic demand and sup- plied our down -stream customers with lower price to give them competitiveness in the world market. • The acrylic. ester sales grew by 607o. The other items such as acrylic staple fiber, chloro alkali, calcium carbide, carpet, etc. also enjoyed profitable business. For 1988, we will very ag- gressively work on a naphtha cracker project of 450,000 MT/Y ethylene, 225,000 MT/Y propylene, and their related down -stream projects such as HDPE, LLDPE, PP, Phenol, PVC, etc. to further enhance our corporate strength. • A The PVC plant at Jen Wu. This Group's PVC resins production capacity has reached 1.075 million metric tons, the largest of the world. A The VCM plant at Jen Wu. - — - —••• r•�-�� rz»wvuvmrrr/arLin Yuan is a highly efficient, energy - saving, pollution-iree plant• designed by this Group's own engineers. ANNUAL SALES ussl,000 MAIN PRODUCTS & CAPACITY Products Amount Product Annual Capacity PVC Resin 426,617 PVC Resin Liquid Caustic Soda 29A29 Liquid q Caustic Soda 597,000 MT Solid Caustic Soda 9.090 Solid Caustic Soda 174,960 MT Liquid Chlorine 5,090 Liquid Chlorine 32,400 MT Hydrochloric Acid 8,836 Hydrochloric Acid 34,560 MT Acrylic Acrylic Staple Fiber Acrylic Ester 155,799 Tairylan Acrylic Staple Fiber MIT 98,691 MT Bulky Yarn 36,495 Acrylic Ester MT Knitted CI 22,293 Bulky Yarn . 7,551 MT Yarn for Carpet 2.604 Knitted Cloth , 1,487 87 MT Carpet 518 Yarn for Carpet 5.104 MT Calcium Carbide 16.136 23,298 Carpet Calcium Carbide 2,061 KSF Quick Lime 743 Q Quick lime QuickElectr 57,204 MT Electrode Paste 98 rtle Paste 67,392 MT Calcium Carbonate 8,601 Calcium Carbonate 5.400 MT Machinery Products 41,057 High Density Polyethylene 0,480 MIT Rubber Products 5.275 PE Shopping Bag 120.000 MT High Density Polyethylene 111,438 5,248 MT PE Shopping Bag 10,817 Others 145,666 Total 1.060,394 n LJ • / /Z • r T , ". F13RM113SA PLASTICS CORP13RAT143N,U.S•A. Seven years have passed since Formosa Plastics Corporation, U.S.A. purchased its first plant in the United States. In this period of time, we have over- come numerous cultural, finan- cial and manpower problems. Thanks to the confidence and diligence of our employees the company has steadily grown. The highest measure of a cor- poration's achievement is not determined by its profitability. It is found, more aptly, in the company's ability to establish a firm foundation, thus ensuring its competitiveness and survival in the market. For this reason, all employees of Formosa Plastics Corporation, U.S.A. were able to diligently work towards rationalization efforts which would ensure the stabili- ty and growth of the company. The company's operation show- ed significant improvement due to this continued effort. In 1987, when the U.S. petro- chemical industry recovered from its prolonged recession, both our total revenue and our profit had greatly increased. The total revenue reflected a growth rate of 60076, increasing from US$346 million in 1986 to US$555 million in 1987. Fur- thermore, our net profit also substantially increased. In the field of system perform- ance, with the integration of our overall systems and the automatic computer auditing function, we were able to reduce the time required to close month- ly accounts from 5 days to 2 days. Likewise, as a result of technological and management changes, production perform- ance has greatly improved. The output of dispersion resin has increased from 2,525 MT/M to 3,282 MT/M an increase of 3007o. Coincidently, the labor force was reduced by 1307o. For PVC pipe, the conversion cost was reduced by 1201o, due to a pro- duction increase. In the area of energy improvement we were able to generate US$5 million a year in savings after the start-up of our own gas turbine. Improvement is a constant challenge. Only by persistently striving for advancement and self-fulfillment can we maintain a lasting potential for develop- ment. Vital to this is the establishment of a rationalized personnel system, well defined job functions, clear objectives and a suitable incentive system. Furthermore, we must see to it that these ideas are put into practice. What one reaps indeed depends on what one sows. It is impor- tant that employees form a per- sonal attachment to their job function and responsibilities. At the same time, they should realize that the company holds both their efforts and contribu- tions in high regard and rewards them accordingly. Only under the above mentioned cir- cumstances, and with the guidance of our management systems, can we effectively develop our employees' diligent work spirit and ensure that each individual's potential and in- telligence are utilized to their fullest extent. Thus, the com- pany will enjoy continual and lasting prosperity. The devaluation of the U.S. dollar, the worldwide shortage of raw materials in the industry and other outside factors led to A FPC-USA's Texas plant. a price increase which greatly benefited the petrochemical in- dustry. However, the market's movement is cyclical, and high points are always followed by lows. Thus, dependency on a booming market will never guarantee a corporation's long-term growth. On the con- trary, such dependence may very well cause a business to lapse into complacency and contribute to its eventual failure. If we are to sustain our com- petitive ability and ensure our survival, we must establish our own corporate culture and devise a set of rational systems. By doing so, we can provide guidance for our employees, urging them to pursue con- tinuous advancement and self-improvement. In an attempt to maintain an effective organization, we con- ducted in-depth evaluations of system integration, com- puterization and internal auditing functions. As a result, the simplification of work pro- cedures and further utilization of abnormality management enabled us to utilize human in- telligence and resources to their fullest potential. //7 a FORM13SA PLASTICS MARINE CORPORATION The corporate sales shot up to US$20.19 million which is .38.407o over the foregoing year. The yearly lift volume jumped to 608,000 MT with a growth rate of 26.7076 over the prior year. Because of our own capacity limit, we sublet 147,000 MT cargoes to other owners. This urged us to seriously consider the addition of M.V. Formosa Four to our tankers fleet, thus inquiries are just under way. We anticipate the lift volume will climb to 720,000 MT in 1988 and with steady growth will reach one million metric tons in early 1990's. At that time, shipping costs of petrochemicals can be further reduced. We supply a ply service amidst the ports in U.S Gulf area, Canadian, West Coast and the Far East. We even extended our service to ports in Latin American countries such as Mexico, Guatemala, and Nicaragua. Y� A M.V. Formosa Three is a 29,500 DWT multipurpose chemical tanker. It plies amidst the ports in U.S. Gull area, C.Indian West Coast and the For East. which meet the standards described in Annex 11 of the MARPOL. We were again awarded by the U.S. Coast Guard the highly regarded "Certificate of Merit" for the sixth year in a row in recognition of our outstanding dedication to the maritime safety. • C� is For pollution control, our tankers installed efficient strip- ping system and waste discharge monitor and control system, ITO NAN YA PLASTICS CORPORATION • The corporate sales jumped to US$1,594.5 million which is 35.9076 over the prior year (or 7.807o after deducting the recent appreciation of the New Taiwan' dollar against the US dollar.) Our major product lines are PVC processed goods, polyester fibers, dyeing & finishing,elec- tronic materials, etc.. They are supplied to the down -stream processors for making various end products. We continued throughout the • past year to help in easing the pressure on down -stream ex- port sales by absorbing the dif- ferences resulting from the cur- rency appreciation. It is our full realization that we should use our knowledge and intelligence to parallel industrial and economic development with satisfactory pollution control. For PVC processing, our year- ly PVC consumption was in- creased to 410,000 MT. To satisfy the ever growing down- stream demand, we plan to add more calendering sets in the coming year. • A The new flexible PVC film plant In Chia Yi. Nan Yo Plastics Corp. colenders 297.000 MT of such film a year. The newly Installed BOPP production equipment In Chia Yi. It can produce film as wide as B meters. 119 ems" The high-speed draw texturing A machines at Lin Kau plant. In 1988 we plan to add more lines of bi-oriented polyester. film, high viscosity polyester chips, polyester fibers and high _ speed spinning to further in- crease our capacity. As for electronic products, the printed circuit board was im- proving its production process, R & D and product quality for a steady growth. The copper clad laminate was already running full capacity and was extending to the pro- duction of epoxy resin and glassfiber mat with an aim to in- tegrate our whole operation in 1988. In view of the serious necessity to import most of the basic and intermediate raw materials for the domestic petrochemical in- dustry, we are now working very closely with the Group's other sister companies on the Productions of phthalate Ak The electronically controlled engraving machine Is engraving printing cylinder at Kaohsiung Plant anhydride, .2-ethyl-hexanol, bisphenol-A, adipic acid, polycarbonate, ABS (Acrynitril -Butadiene-Styrene), malefic anhydride, unsaturated polyest- er, toulene diisocynate, nonyl phenol, polybutylene terepha- late, thermoplastics polyure- thane, etc.. After their produc- tions get on stream, we will be further diversified into specialty Plastics and engineering plastics. • a iI�i zt �.n 1 i f " i /E 1 V.,- ,:�a , r _;- a All I rTn C x _ - ` t a 1 ANNUAL SALES ussl,000 MAIN PRODUCTS & CAPACITY Products Amount Products Annual Capacity Flexible PVC Film 298,019 Flexible PVC Film 276.000 MT PVC Leather 183,205 PVC Leather 120.000 KYDS PP Non -Woven Fabric 7,804 PP Non -Woven Fabric 3,000 MT Rigid Film 142.517 Rigid Film 96.000 MT PVC Pipes 107.172 PVC Pipes 132,000 MT Injected Products 10.207 Injected Products 7,800 MT PU Resin 4.033 PU Resin 18.000 MT PVC Corrugara 13,621 PVC Corrugate 16.800 MT PVC Tile 9,270 PVC Tile 102.480 KFF Other Extruded Products 8.874 Other Extruded Products 18,000 MT BOPP Film 44,253 BOPP Film 36,000 MT Wrap Film 7,906 Wrap Film 7,560 MT PVC Window & Door Frame 16,619 PVC Window & Door Frame 10,200 MT Smartleum Floor Covering 5.613 Smartleum Floor Covering 4,800 KM Polyurethane Leather 63,987 Polyurethane Leather 30,000 KYDS Micro -Porous PU Leather 11,577 Micro -Porous PU Leather 14,400 KYDS Casting PVC Leather 15,322 Casting PVC Leather 13,200 KYDS Foamed Sheeting 27.746 Foamed Sheeting 21,600 KYDS Polyester Staple Fiber 190,061 Polyester Staple Fiber 162,000 MT Polyester Chip 5031 Polyester Chip 204,000 MT Polyester Filament 102.227 Polyester Filament 130.800 MT Polyester Textured Yarn 115,676 Polyester Textured yarn 72.000 MT Printed, Dyed & Finished Cloth 39,093 Printed, Dyed & Finished Cloth 238,800 KYDS Printed Circuit Board 8,533 Printed Circuit Board 720 KFT2 Copper Clad Laminates 29,150 Copper Clad Laminates 2,400 KSH PVC Chip 36.268 PVC Chip 48.000 MT Others 793,810 Total 1,594,539 • • • • • !BM � FORMOSj The corporate sales reached US$787 million which is 21 .9% over the foregoing year. Fibers and textiles are our two main product lines. They are both capital and labor intensive. In face of the keen competition in the world market, we realize we must constantly rationalize our operation to maintain our competitive position. In the area of equipment renovation, the conventional looms, knitting machines, water -jet looms, false twisters and industrial -use filament line were all renovated into high speed systems. An 80 MT/H condensing turbine & generator set was installed. Our produc- tion cost was thus greatly reduced. In support of the group -wide naphtha cracker project, we decided to further diversify in- to US$700.5 million investment of aromatics, caprolactum, styrene, monomer, polystyrene productions. We have spared no efforts to do pollution control for a clean en- vironment. Taking the control of hydrogen sulfide for exam- ple, we have reduced it even down to 0.03 ppm and under on the plant borders, which is the lowest record ever achieved by the similar facilities in the world. And that is only equal to one third of the control stand- ard for the residence area in Europe or U.S.A. However we A The high-speed spinning machines at I -Lan plant. will never feel satisfied with staying at the control standard regulated by the government and will rather continue im- proving to our satisfaction. For more than 20 years since the corporate inauguration, we have invested US$45 million on 114 pollution control programs. And we are further investing US$24 million on flue gas de - sox equipment, waste -water treatment, etc. to be completed in 1988. The high-speed warping machines at Chang Huo plant. /C�� _- _ � \\ ��� � � � � . � � � � . � /�� ` � /� ' . � � , � . -1, r v4jll, ir i A - a k a 'u6S `B � f: i � 4 ♦� � Y � . � I�„y' ��' �� ( �Mt �� � { 4 � "� r � 451 � � S�5 Y tS .. �! y CVMA PLMW000 N LUMBER r-O.. LTO. SUNRISE PLVWOOO CORPORATION To upgrade our product quali- ty for higher added value, Cyma is dedicated to improve- ment of production process and new product development such as kitchen cabinet doors, vani- ty bedroom cabinets and flooring. A cooperation program is going on with Italian Castelli to manufacture quality office furniture. NET SALES UniCUS$ 1 million i'' 3 19E1 1985 198ii 1987 .yam "'y uurce rumnure is manufactured under a cooperation progrom with Italian Castelli Corp. ANNUAL SALES Products Rotary Cut Lauan Plywood Hard Wood Paper Overlaid Plywood Sliced Cut Fancy Plywood Laminated Folding Door Woven Folding Door Venetian Blind Vanity Cabinet Coffee Table Melamine Panicle Board Plywood Flooring Imported Furniture Others Total usal,000 MAIN PRODUCTS & CAPACITY Amount Products Annual Capacity 7,017 Rotary Cut Lauan Plywood 9.207 KBMF 3,803 Hard Wood 8.401 KSF 2,934 Paper Overlaid Plywood 18.375 KSF 17.643 Sliced Cut Fancy Plywood 54,916 KSF 1.382 Laminated Folding Door 724 KSF 1,395 Woven Folding Door 3,164 KSF 1.940 Venetian Blind 2.620 KSF 854 Vanity Cabinet 278 KBMF 851 Coffee Table 142 KBMF 3,966 Melamine Particle Board 1,684 KBMF 1.013 Plywood Flooring 858 KSF 706 323 43,827 • • Of • • • Sunrise is stressing on equip- ment automation for higher efficiency. To offer direct service to our customers at home and abroad, we further set up Cyrnasun Fur- niture Corporation in Taipei and two subsidiaries in U.S.A.-Sunnywod Product Corporation and Cabium Business Group. In the area of management ra- tionalization, we continue to implement our own Cyma Sunrise Management System to ensure high quality, competitive cost and punctual delivery of our products. NET SALES UnICUS$ 1 million 1983 19bI lyao iaou ,gym A The new lacquering line for cabinet doors at Kaohsiung Plant. ANNUAL SALES US$1,000 MAIN PRODUCTS & CAPACITY Products Amount Products Annual Capacity Rotary Cut Plywood 5,728 Rotary and Sliced Oak Birch Plywood 3.263 Paper of PVC Overlaid Plywood 16,153 Fancy Plywood 14,267 Printed Plywood 4,288 Kitchen Cabinet Doors 21,362 Ready -for -Assembly Furniture 36,307 Kiln Dried Lumber 6,717 Others 1.986 Total 110,072 Rotary Cut Plywood 10,000 KBMF Rotary and Sliced Oak 9,000 KSF Birch Plywood Paper or PVC Overlaid Plywood 2,800 PCS Fancy Plywood 40,000 KSF Printed Plywood 1,200 PCS Kitchen Cabinet Doors 3,350 KMBF Ready -for -Assembly Furniture 9,100 KMBF Kiln Dired Lumber 4,500 KBMF Others 805 KBMF ia9 ,� ; In addition to the foregoing ma- jor companies, Formosa Plastics Group has more than a dozen affiliates at home and abroad. Those at home can be briefly described ,as follows: Tai Shih Textile Industry Corp. was set up to process acrylic fiber produced by Formosa Plastics Corp. into bulky yarns, acrylic/wool blended yarn and specialty yarns. Formosa Plasticizer Corp. manufactures plasticizer mainly for Nan Ya Plastics Corp. but was merged with the latter in the past December. Yung Chia Chemical Industries Corp. supplies polypropylene (PP) to Nan Ya Plastics Corp. for its manufac- ture of BOPP film and PP non -woven fabric. Formosa Taffeta Co., Ltd. uses nylon filament made by Formosa Chemicals & Fibre Corp. to make nylon taffeta and HDPE from Formosa Plastics Corp. to produce high quality PE shop- ping bags for export. Tairay Garments MFG., Co., Ltd. produces ski jackets and uses Polyester resin from Nan Ya Plastics Corp. to make Polyester filler. Weng Fung In- dustrial Co., Ltd. uses PVC rigid film from Nan Ya Plastics Corp. to make vacuum formed products. Federal Textile In- dustrial Corp. and Tah Shin Spinning Corp. use rayon fiber from Formosa Chemicals & Fiber Corp., polyester fiber from Nan Ya Plastics Corp., and acrylic fiber from Formosa Plastics Corp. to make various "M OTHER COMPANIES kinds of yarn. Formosa Scovill Corp. is a manufacturer of zip- pers for garment and luggage industries at home and abroad. Formosa Plastics Transport Corp, and Formosa Fairway Corp. undertake the domestic transportation of the major products of the group companies. The overseas affiliates include Formosa Plastics Corp., USA, Nan Ya Plastics Corp., USA, J.M. Manufacturing Co. and Nan Ya Indah Plastics Corp, in Indonesia. Formosa Plastics Corp., USA produces VCM and PVC resin. Nan Ya Plastics Corp., USA and J.M. Manufacturing Co. produce PVC rigid film and PVC pipes from PVC resins supplied by Formosa Plastics Corp., USA. Nat: Ya Indah Plastics Corp. is a maker of PVC leather. The combined sales of the above companies totaled US$1.67 billion which is 33.5% over the preceding year. The combined profit totaled US$254 million which is 25207o over the prior year. A J-M is the largest producer of PVC pipes in the United States. Yung Chios polypropylene(PP) plant at Lin Yuan. • • • • • • El Ming -Chi Institute of Technology was founded in July, 1964. At that time, Taiwan was at the stage of industrial take -off and a large number of technologists well-equipped with modern technical knowledge and skill were urgently needed to take part in the great march of economic construction and ac- tive pursuit of sustained economic growth. In order to achieve this aim Mr. Y.C. Wang, Chairman of the School Board, donated a large sum of money to found this Institute. "Diligence, Perseverance, Frugality and Trustworthiness" was chosen as the school motto to cultivate in our talented young people the spiritual characteristics of assiduity, en- durance, practicality and dependability. This Institute comprises five five-year system engineering departments: Mechanical En- gineering, Electrical Engineering, Chemical Engineering, In- dustrial Engineering & Management, and Industrial Design. A two-year system Nursing Department was added in 1983. At present there are 143 faculty and staff, and 2,047 students. The important educational measures adopted by this In- stitute are as follows: •Implementation of Work-. Study Program to cultivate in the students the spirit of prac- ticality and good habit of hard INSTITUTE 131E TEC work: By shortening the sum- mer and winter vacations, the students go to work in the fac- tories of the Formosa Plastics Group by rotation in order to learn specialized technical skills and practical factory manage- ment. This program also enables the students to nurture through practical work the at- titude of diligence, perseverance, practicality and thoroughness in meeting with the challenges at work. In addition, the wages earned during the work period help the students complete their studies on their own and cultivate the spirit of independence. "Compulsory residence in dor- mitories and the balanced development of the "Five - Aspect Education" to cultivate well-rounded personality: This Institute provides all students and faculty with free dor- mitories and faculty houses nestled among elegant, comfor- table and beautiful environment so that the teachers can guide the students' self -study after school and exert a gradual, uplifting influence on their per- sonality. The students also ex- perience group life and the fun- damental spirit of democracy and law through following dor- mitory regulations and the self-government system. Extra -curricular club activities and physical training programs also help the students nurture balanced development of the "Five -Aspect" education in morality, intelligence, physical fitness, esprit de corps, and elegance as a result of living a regular life in the dormitories. Chairman Wang. `Formulation of Teaching Norms, encouragement of research and development, and upgrading of learning effect: In order to upgrade the learning effect of the students, various Teaching Norms have been worked out, and Lab/Practice Competency Tests have been implemented. The students are asked to make evaluation of the teaching effect of each course from time to time to improve the teaching. In order to enhance teaching quality, effec- tive measures have been adopted to encourage the teachers to engage in research and develop- ment. Each year a "Symposium on Technology and Pedagogy" is held to exchange teaching ex- periences among the teachers. *Combination of wisdom and experience, fusion of theory and practice, and offers of services: The cooperative program be- tween this Institute and the For- mosa Plastics Group enables the / �5' de of Technology, founded by A Students doing electrical experiments at the lab. teachers to make observation and research related to their specialized fields in the various enterprises of the Group so as to acquire experiences in prac- tical affairs. To integrate teaching and practical affairs, each department has actively made preparations for setting up service centers to encourage faculty and students to par- ticipate in the research of prac- tical affairs and to provide ser- vices to the industrial and com- mercial circles. By means of this actual participation, the ideal of verifying theory through prac- tice and supporting of practice through theory can be realized. Over three hundred students graduate from this Institute each year. Having always adhered to the principles of diligence, perseverance, frugali- ty, trustworthiness, and prac- ticality, the graduates have been highly regarded after entering the service of both public and Students receiving English language training of the V audio-visual language center. private enterprises. Those who set up their own businesses have also made considerable con- tribution to our society because they always bear in mind their responsibilities to it. Some of the graduates who continued to seek higher education both at home and abroad have made great achievements in the academic field by carrying on the spirit of thoroughness and perfection after graduation. Jk Students doing chemical experiments of the lab. - • •••••.•.d — w—w,,,y yuung rarerns or good physical & mental health. • • ,-V_1 f/J� • T ?' '1"?`" CHANG GUMG MEDICAL COLLEGE Chang Gung Medical College was approved for establishment by the Ministry of Education in April 1987 and was inaugurated on September 19 with opening ceremony of the School of Medicine (5-year program) for graduate students. Taiwan has long suffered from shortage of first class medical facilities and highly specialized personnel. To solve the twin problems, we set up Chang Gung Memorial Hospital twelve years ago and continued expan- sions in Taipei, Linkou, Keelung. and Kaohsiung into a large in- tegrated system. From such firm foundation, we further decided to establish a medical school to cultivate medical talents as well as promoting teaching and research. Chang Gung Medical College is located in Linkou, Taoyuan with an area of 42 hectares. The construction of the school main building is just under way for a space of 600,000 square feet to accomodate the latest design and decoration as well as ad- vanced equipment for a perfect learning and research environ- ment. A The School of Medicine's main building is under construction and scheduled for completion in August, f988. To ensure a good quality, we started first with a set-up of the School of Medicine recruiting 50 graduate students. We plan to add from 1989 School of Medical Technology, School of Nursing, and the 7-year- program School of Medicine. We also plan to set up a Graduate School of Clinical Medicine and an Institute of Pathology for advanced studies. In addition to imbuing the students with latest medical knowledge and skills, we will emphasize the importance of humane studies to cultivate qualified physicians of good character. Another goal of the establish- ment is to be further dedicated to the task of basic medical research to provide the medical community with first-class research environment as well as to further contribute to the general public's health care. Our school motto is "Diligence, Perseverance, Frugality and Trustworthiness," which is bas- ed upon the ideals envisioned by Mr. Y.C. Wang, Chairman of the school board, when he founded this College. It is our belief that qualified physicians can only be developed by such process. /0� • u CHANG GONG MEMORIAL HOSPITAL Chang Gung Memorial Hospital is a non-profit organization. From its inauguration in 1976, it has aimed at upgrading Taiwan's medical service stand- ard, cultivating medical per- sonnel and undertaking medical research. Although with a limited history, we keep recruiting highly specialized medical personnel to enhance our service and research. To provide the pa- tients with better service, we keep rationalizing our manage- ment for higher efficiency and accuracy. Especially the set-up of our Chang Gung Medical College and our endeavor to do the basic medical research marked a milestone in the development history of our Hospital. For medical service, the Hospital currently has Taipei Clinic & Emergency Center, Linkou Medical Center, Keelung Clinic & Emergency Center and Kaohsiung Medical Center. These four centers can handle more than 10,000 outpa- tients and emergency cases dai- ly, with 6,000 beds available. During the past year, they received 2,560,000 outpatients and emergency cases which is 17.4% over the previous year as well as 113,000 inpatients which is 23.1 % over the prior year. Such growth pruves that our /2 sirice quality, in face of the v%7 A Taipei Clinic & Emergency Center. keen competitio❑ from many other established general hospitals, has won widespread acceptance and recognition. With the birth of our Chang Gung Medical College in September 1987, our medical establishment has further grown into a trinity for cultivating medical talents, providing quality medical service and in- tensifying medical research. Our medical college and AL The most sophisticated Extrocortoreal Short -Wove Lithotripter was introduced to treat patients with kidney stones. hospital can thus go hand in hand into an integrated development. To promote the basic medical research to upgrade the domestic medical standard, Chairman Wang invited on September 6, 1987 the elites of the local medical community to discuss and map out the development trend of the domestic medical research and also extend our established level A Cordial Cotherization. • Cl or bio-medical research. He also appropriated US$I00,000,000 • as a fund in support of this par- ticular cause. Having highly competent medical personnel and well equipped facilities, our Hospital has become one of the largest integrated hospitals in the Far East. It also serves as the refer- ral center for the critical patients. To provide the patients with better service and lower costs, procedures from reservation by phone, charges calculation to drug dispensation are handled by computers through on-line processing for higher efficiency. We also set up a "Social Service Fund" to help the needy pa- tients. From its opening, more than US$12 million has been used to subsidize over 30,000 patients. Guided by its long range development plan, our Hospital will devote more efforts to pro- motion of the medical care for the people of this country. To support various specialized departments, we are going to set up Craniofacial Center, Neuro-Rehabilitation Center, Extremity Reconstruction Center and to install the latest medical equipment like MRI (Magnetic Resonance Image). In addition, we will push the setup schedule of Chang Gung Institute of Nursing and in- i crease more departments at our Chang Gung Medical College I such as Medical Engineering, Medical Technology and Nursing. • Keelung Clinic & Emergency Center. A Lin Kou Medical Center. A Kaohsiung Medical Center. 1'�45r 4g �firIL", �C I ��(� ORPORATIOy�N_¢ � ���� Q�14, 7 0, • 0 L • FFC-DE The Delaware City Plant represents the Company's spirits of hard work and public responsibilities. Formosa Plastics Group (Taiwan) is situated in an environment where the natural resources are short and availability of space and human resources are limited. However, endurance .and strength are adopted to conquer the disadvantages and difficulties of the environment. Based on the above characteristics, FPG took over Delaware City plant from Stauffer Chemical Company in 1981 and improved all the production facilities and environmental pollution inhibition. Since late 1981, over $30 million has been invested in a capital improvement program so that FPC DE can stay strong within the industry. The resulting modernized facility produced both suspension and dispersion grades of high quality PVC specialty resins. Suspension grades range from specialty homopolymer to blending resins. Dispersion resins represent one of the broadest lines available in the marketplace, including resins of high and low molecular weight and fine grind varieties. Through the improvements, the potential of FPC DE remains strong. 01 FPC-LA This plant, operated by Formosa Plastics Corporation, LA, serves as the Company's source of raw materials for its PVC operations and additionally provides co -produced caustic soda for the merchant market. In 1981 and 1982 the Company conducted an extensive $25 million rehabilitation and re- building program. This Included the installation of new diaphragm cells, building a new brine purification plant, power substation, tank farm and ocean terminal. In 1985 the VCM production facility was modernized and production capacity increased from 450 tons per day to 600 tons per day, at a cost of $4 million. Also in 1985 a new $14 million co- generation power plant was constructed to reduce the plant's dependence on high priced purchased power. Approximately 70% of electricity requirements and 100% of steam requirements are generated by this facility. (Seephoto of co -generation facility below). All of these improvements have brought the chlor-alkali/EDC/VCM facility to a high level of efficiency and cost effectiveness required by the very competitive market conditions. M :GJ��jrc ��nl�(•iJY'�I�M10 ��.,�_^�`"il'�."�-'��'�te�trrr,r:.eu_.. c : �_.. .. .: '. ;,. t •p i 1 44 r� i;F • 5 lu -_.__._._ • • • FPC-TX It is situated near Lavaca Bay, about 150 miles southeast of Houston. lastics Group I heproducts are the led States. CM lt by and PVC compound. a c the first processing an'd qualityrimprovement FPC does not only acquire the By continuous research on p S experience of producing PVC & VCM; the engineering and machinery departments have been create for assuming the responsibilities of planning, designing and manufacturing the expansion of PVC facilities rmosa Plastics Group, resulting in strengthened intensiveness and other major projects within the Fo of technical abilities and experiences. The overall plant design and fabrication of equipment for Point Comfort plant were carried out by the engineering and machinery division of FPC in Taiwan and y ippe en° theo stru ti n on site for Installation, which reduced our plant establishment cost great) By P Ymg on professional technology and utilizing the latest production techniques snand by cluding such 0u0tiliaa llon polymerization reactors, FPC TX has acquired most up-to-date facilities increases the quality and productivity and the reduction of costs which is conclusive to the solid foundation of the management. Continuous effort to improve and be more competitive has alwaysbeen our go 1. Sinceyear.A art co- up in 1983, the production efficiency has increased from 240,000 T/ye generation power plant is also under construction to reduce costs further. The primary features of this plant are its competitive production base and emphasis on quality and services designed to meet the competitive market demands of the U.S. PVC market. s JMMF rrn'-ins, FPC USA ORGANIZATION INDUSTRY & EMPLOYEE RELATIONSHIP PVC I PVC II MARKETING CAUSTIC SODA CREDIT :'PRESIDENT'S OFFICE TRAFFIC FPC TX PRODUCTION FPC LA MANAGEMENT FPC DE CENTER ACCOUNTING ADMINISTRATION FINANCE -jGENERAL AFFAIRS PURCHASING LEGAL Since the acquisiton of PVC pipe operations, J-M has endeavored in developing new applications and exploring new markets. We believe strongly that good customer service begins with a complete • line of products. To achieve our goal, new product lines, small diameter as well as large diameter pipe of all sizes were added to production. The expansion not only created more opportunities for the company, but in addition, it advanced the utility and contribution of such products. Fa • Organization of FPC USA and general introductions to its subsidiaries and products are presented in the following: ILI • Formosa Plastics Corporation USA (FPC USA) is a U.S. company engaged in production of polyvinyl chloride (PVC), PVC related raw materials and PVC downstream products. This vertically integrated operation Is carried out mainly through its 4 subsidiaries. FPC-LA, located in Baton Rouge, Louisiana, produces EDC and VCM, raw material for PVC resin. FPC-TX, located in Point Comfort, Texas, produces VCM and suspension PVC resin. FPC-DEL, located in Delaware City, Delaware, produces both suspension and dispersion PVC resin. J-M Manufacturing Inc., the largest PVC pipe producer in the United States, produces the downstream products, both PVC pipe and fitting. The vertical Integration created a strong bond 'between the subsidiaries and enabled each subsidiary the access to the feedstock market, yet, at the same time, secure a reliable supply of raw material. More importantly, it allows the company to operate more efficiently and competitively. Since its formation, FPC USA has grown to become the third largest PVC resin producer In the United States. Together with its parent company, Formosa Plastics Corporation (FPC) In Taiwan, their total production scale of PVC resin is considered the largest in the world. Formation and Development of FPC USA: • Formosa Plastics Corporation is one of the eleven companies owned by Formosa Plastics Group, the largest private enterprise in Taiwan. It supplies the majority of PVC resin required to downstream processes in Taiwan. In view of the lack of natural resources in Taiwan and the close tie between FPC and its downstream customers, a secure supply of raw material becomes extremely important. The oil crisis in 1973 has hastened the company to take immediate action to set up its own operations in a natural resources -abundant nation. It was upon such motivation that FPC USA was founded. For its own balance between production and sales and for supply of EDC to FPC, the company set up and acquired EDC and PVC resin plants of considerable scale sequentially and placed its head office in Florham Park, New Jersey. Even though PVC Industry in the U.S. has been well developed and many major companies with good quality products exist in the field, the participation of FPC USA has further stimulated the competitiveness of the industry and thus reduced significantly tine import quantities of PVC resin In the U.S. This is one of the contributions that FPC USA is proud of. Upon the same consideration, Nan Ya Plastics Corporation, a sister company of FPC in Taiwan, followed FPC and set up a plant at Wharton, Texas, mainly for production of rigid PVC film to supply the • U.S. market. In the U.S. market, PVC Is consumed mostly in the construction sector with its major application In PVC pipe. With the accumulated production experience and technology which we have in Taiwan, the decision to enter into PVC pipe Industry was fostered when the opportunity to purchase the PVC pipe division from Johns -Manville Sales Corporation came in late 1982. The acquisition was completed and J-M Manufacturing Company formed in January, 1983. 1 L� • L_J FORMOSA PLASTICS CORPORATION USA g FORMOSA PLASTICS CORPORATION TEXAS V FORMOSA PLASTICS CORPORATION LOUISIANA FORMOSA PLASTICS CORPORATION DELAWARE J-M Manufacturing Company, Inc. /43 Duehh n6s rn ' McNary Plant, Stockton, CA Fontana Plai HEADQUARTERS & PLANT LOCATIONS ., ".""" rlani, iA V Florham Park, NJ pare City Plant, DE t, NC "'`'�f.;THE,PRODUCTION FLOW ? ' Formosa Plastics corporation USA is an Integrated producer of PVC resins as in the floav chart. SUBSIDIARY RAW MATERIAL 4 r. Brine — �� (v` -f Electricty — �,� !FPC-LA Ethylene — Fittings 0 THE PRODUCTS PVC HOMOPOLYMER RESINS K values range from 49 to 72.5. Formolon-614—a medium -low molecular weight PVC homopolymer particularly suited for rigid applications. t--biv has established a deserved reputation for freedom from gels, and exceptional early color heat stability. These properties, along with outstanding lot -to -lot uniformity have made F-614 an Industry -wide standard for rigid formulations. Applications: Rigid Calendering. Bottles, Blow Rigid Films and Rigid Expanded Profile. Formolon-622—a medium molecular weight PVC homopolymer designed primarily for rigid extrusion applications, but it is also suitable for many flexible applications. This product has high bulk density and excellent dry flow characteristics, making it desirable for dry blending applications where uniform feed rate to an extruder is important. Applications: Pipe, Electrical Conduit, Calendering, Rigid Profile and Rigid Expanded Profile. 9 I 7. Will 10 • Formolon-676 — a medium molecular weight PVC homopolymer suitable for both rigid and flexible applications. F-676 is exceptionally low in gels and finds wide acceptance in calendered film and sheeting. Also, because of its low fines level. F-676 is suitable for rigid dry blends where bulk i handling requires a good dry flow. I Applications: Calendering, Wire Insulation, Blown Flexible Films. I I Formolon-680 — a high molecular weight PVC homopolymer, enjoys a deserved reputation for consistency. Fabricators requiring constant heat stability and freedom from gels find wide application for F-680, particularly in calendered films and sheeting. Moreover F-680 is particularly free of incompatible additives, assuringuniform orm printability of finished goods. , Applications: Calendered, Extruded Flexible Products; Wire and Cablc Insulation. PVC DISPERSION RESINS • Formolon-24 — a low molecular weight plastisol dispersion resin which has been developed primarily for use in chemically expanded compounds as well as other applications where rapid gelation and physical property development at low temperatures are required. In expanded system, the product exhibits a fine uniform cell sturcture in a variety of formulations and over a wide range f of processing conditions. F-24 is further characterized as displaying good plastisol viscosity and viscosity stability. j Formolon-28 — a high molecular weight plastisol dispersion resin which exhibits low paste viscosities as well as excellent heat stability and air release. This product was designed for a diversity of applications such as dip coating, slush moldings, spread coating, rotocasting, organosols and other areas where high physical properties are essential. Formolon-34 — a low molecular weight plastisol dispersion resin which has been developed primarily for use in chemically expanded products as well as other applications requiring rapid gelation and physical property development at low processing temperatures. F-34 has been found to exhibit a fine uniform cell structure in a variety of formulations, expanded over a wide range of processing conditions. An additional attribute of F-34 is low plastisol viscosity. Formolon-38 — a high molecular weight plastisol dispersion resin which exhibits low paste • viscosities, exceptional air release as well as a balance of other properties which permits utilization of this product in a variety of applications including dip coating, slush and roto-molding, in addition to both solid and expanded fabric coating constructions. 11 Formolon-40 — a vinyl chloride vinyl acetate copolymer plastisol dispersion resin with low paste' viscosities, excellent heat stability and rapid fusion characteristics. F-40 has been successfully used in mechanically frothed foam, soli rug backing, laminating, fabric coating, flocking adhesives and many other applications. Formolon-KV-2 — a structured high molecular weight dispersion resin which imparts pseudoplastic flow to plastisols in which it is used. Plastisols prepared utilizing F-KV-2 exhibit good air release, heat stability and viscosity aging characteristics. F-KV-2 is particularly suited for dip, slush and rotational molding where mold release and pseudoplasticily are desired as well as fabric coating applications where minimum strike through is essential. Formolon-NV-2 — a High molecular weight dispersion resin with low residual surfactant content. Plastisols containing F-NV-2 exhibit low paste viscostitles and good viscosity stability. This product Is presently being utilized in a variety of applications where the resulting films or coating require high tensile strength and resistance to abrasion. CAUSTIC SODA Shipped as 50% or 25% solution. Product is made available in 16,000 gallon railcars, in barges, and by ocean vessel. Tanktruck service is provided on a 24-hour basis from storage tanks at the Baton Rouge Plant In LA. Any further information regarding FPC products, please contact SALES OFFICES PVC Resins Caustic Soda 12 Florham Park, NJ Northeast, West: Midwest, Southeast, South: Florham Park: Baton Rouge: (201) 966-6980 (201) 966-0243 (201) 966-0023 (201) 966-0866 (504) 356-3341 • J-M Manufacturing Company, Inc. J-M Manufacturing Company was formed in January, 1983, with 8 plants acquired from Johns - Manville Sales Corp which had a PVC pipe capacity of 250MM Ibs/yr. Plants were located in Green Cove Springs, Florida; Butner, North Carolina; Franklin, Pennsylvania; Willon, Iowa; Denison, Texas; Pueblo, Colorado; McNary, Oregon; Stockton, California. In the same year, the new J-M turned the operation from serious loss to profit. Currently, J-M has expanded to ten plants with a total of 69 ex- truders: the first new plant site was added in 1985 in Wharton, Texas and another new plant will begin operation by Fall 1986 in Fontana, California. Approximately 356MM pounds of PVC pipe was manufac- tured and sold in 1985. Over the past few years J-M has continued to develope new products, thus, to provide our customers a more economical as well as reliable piping alternatives by utilizing the ad- vantage of PVC materials. These product lines include BIG BLUE pressure water pipe for water transmis- sion lines and sewer force mains, 14" - 24" and PERMA-LOC non -pressure pipe for sanitary and storm sewers, 18"'- 48". Both product lines mentioned above are growing rapidly because of superior per- formance characteristics over traditional competitor products which are more costly to install, operate and maintain. As a result, in 1986 an estimated 25 percent growth will result over 1985 which pushed our total annual PVC pipe sales up to 445 million pounds. Today, J-M is the largest producer of PVC underground piping materials in the United States as well as one of the largest in the world. J-M has always symbolized technical leadership with a highly diversified product line that includes Blue Brute PVC for water distribution and sewer forcemains; newly developed Big Blue large diameter PVC pressure pipe for water transmission and sewer forcemains; GreenTite PVC for sewer collection lines; PIP PVC for agricultural irrigation systems; Permastran, a fiberglass wound PVC pipe with numerous industrial uses; PERMA-LOC, a ribbed PVC for large diamebzr sewer and storm drain, plus PVC sewer fittings. The product line for 1986 will include Big Blue for water transmission 14" through 24" which was developed by J-M's own technology due to an increased demand for large diameter water transmission pipe in the USA; PIP agricultural pipe, 6" through 27", and Schedule 40 pipe and fittings for industrial water and waste water systems. PERMA-LOC will be increased to include diameters through 48 inches. Also, J-M has always put forth its best effort to continue the endless development of quality PVC products and J-M will continue in these efforts. Ll AJO 13 J-M Manufacturing Company, Inc. XM ORGANIZATION 1—1 -M MFG,I;<! i. i s 14 ADMINIS- TRATION DEPT PRESIDENT'S OFFICE FINANCE EMPLOYEE RELATIONS DATA PROCESSING CENTER ACCOUNTING PURCHASING GENERAL AFFAIRS EASTERN REGION SALES CENTERAL REGION DEPT. WESTERN REGION PRODUCT ASSURANCE TRAFFIC CREDIT MARKETING DEPT. CUSTOMER SERVICE CENTER (EASTERN) CUSTOMER SERVICE CENTER (CENTRAL & ROCKY MTN.) CUSTOMER SERVICE CENTER (WESTERN) BUTNER PLANT (NC) DENISON. PLANT (TX) FONTANA PLANT ICA) FRANKLIN PLANT (PA) GREEN COVE PLANT (FL) PRODUCTION DEPT. McNARY PLANT (OR) PUEBLO PLANT (CO) STOCKTON PLANT (CA) WHARTON PLANT (TX) WILTON PLANT (LA) RESEARCH & DEVELOPMENT R & D DEPT. ENGINEERING r�l 't J-M Pipe Major Products: 1. Municipal water pressure pipe: Used for water distribution, transmission, fire line, housing and building water line. Products Class Size Specifications & Approvals 2:1 125, 160, 200 1-1/2"-12" ASTM D2241, NSF Blue Brute 100, 150, 200 4"-12" AWWA C900, NSF, UL, FM Big Blue 165 14"-24" Uni-Bell BII, NSF, UL Big Blue 235 14"-18" Uni-Bell BII, NSF, UL Permastran C1 250/300 4"-12" AWWA C950, NSF, UL, FM 2. Irrigation water pipe: Used for irrigation and sprinkler systems. Products Class Size Specifications & Approvals IPS Pipe 100, 125, 160 1/2"-12" ASTM 2241, NSF 200, 315 PIP Pipe_ 80, 100, 125 Sch 40 4"-27" Components of ASAE, SCS, ASTM Sch 40 1/2"-8" ASTM D1785, ASTM 2241, NSF, ASTM 2672 3. Sewer and drainage pipe: Used for municipal sanitary sewer, industrial waste storm and housing and building sanitary sewer. water run off Products Class Size Specifications &Approvals GreenTite DR 35 4"-27" ASTM D3034, ASTM F679 (BOCA Perma-Loc Series 46 18"-36" IAPMO 4"-15") ASTM F794 Perma-Loc Series 10 18"-36" Components of ASTM Storm Drain PS 10 18"-48" Components of ASTM 4. Fittings: PVC sewer fittings & Schedule 40 fittings also available. I i 1 IOUWA-LUC STORMDA ETEgp C IB' W CIA, BIG BLUE LARGE DIA PVC PREESSUREEPIPE 14' IMIW 24- i / 15 • C J-M Manufacturing Company, Inc. 4 6 8 2 OO HEADQUARTERS: Address 1051 Sperry Road, Stockton, CA 95206 1.� Telex 359491 HQ SIX I Fax (209) 465-8184 or (209) 983-0100 Telephone (209) 982-15W i @CUSTOMER SERVICE CENTERS: !� WESTERN CENTRAL EASTERN 1051 Sperry Road Highway 75 N. P.O. Bon 185 Slocklon, CA 95206 Denison, TX 75020 (209) 982-1500 Green Cove SPvings. FL 32043 (214) 465-6390 (904) 284-3091 16 e PLANTS: 1. WNARY 2. STOCKTON 3.FONTANA 4.PUEOLO P.O. Box 731 1051 Sperry Rd. 10900 Hemlock Am P.O. Box 854 Umatilla, OR 97882 Stockton, CA 95206 Fontana, CA 92335 P.M.. CO 81002 S. DENISON 6. WILTON 7. WnARTON 8. FRANKLIN Hlglrway 75N benison, TX 75020 P.O. Box 455 P.O. Box 1210 P.O. Box 71 Wilson, IA 52778 Wharton, TX 77488 FrankAn, PA I6232 % 13UTNER IO. GREEN COVE SPRINGS P.O. Box 713 P.O. Box 185 Butner, NC 27509 Green Cove Springs, FL 32043 /�3 REGULAR JULY TERM THE STATE OF TEXAS X COUNTY OF CALHOUN �( HELD JULY 10, 1989 BE IT REMEMBERED, that on this the loth day of July A. D. 1989, there was begun and holden at the 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, towft: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - VARIOUS INSURANCE - - The only bid received for various insurance was Foss, Cates, Hudson & Sims Agency but the bid. -was -tabled. -for -further --study. BIDS AND PROPOSALS - HOSPITAL, ENDOSCOPE & COLONOSCOPE The following bids were received for an endoscope and colonoscope for the hospital whereupon a motion was made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the low bid of Pentax be accepted. Pentax Olympus $19,000.00 21,780.00 RESOLUTION - EXEMPTION FROM ART. 6701m-2, IDENTIFICATION OF COUNTY VEHICLES Motion by Judge Hernandez, seconded by Commissioner Mikula, and carried, that the following Resolution be entered: • • RESOLUTION APPROVING EXEMPTION FROM ARTICLE 6701m-2 The Commissioners Court of Calhoun County, Texas, • after having been opened in due form, the following proceedings were had, to -wit: It was presented to the Commissioners Court by Mark R. Kelly, Criminal District Attorney for Calhoun County, Texas, that this Court pass a resolution exempting Sheriff A. P. Lacy, Sheriff's narcotic officers and the Calhoun County Criminal District Attorney's Office from the provisions of House Bill No. 1192 of the 71st Legislature, Regular Session, which amended Article 6701m-2 and requires specific Commissioners Court approval for the exemption of county vehicles for the purpose of official duties from having to be labeled as a vehicle connected to that department. _ • Motion was made by Stanley L. Mikula and seconded by Oscar F. Hahn to pass this resolution. The Commissioners voted in favor of such resolution. NOW, THEREFORE, BE IT RESOLVED by the Calhoun County Commissioners Court that we do hereby approve the exemption of the vehicles used by Sheriff A. P. Lacy, Sheriff's narcotic officers and the Calhoun County Criminal District Attorney's Office from complying with the provisions of Article 6701m-2 as provided in House Bill No. 1192 of the 71st Legislature, Regular Session. PASSED, ADOPTED AND APPROVED this the loth day of July, 1989. • CALHOUN COUNTY COMMISSIONERS BY: Page a oT c ATTEST: MARY OIS McMAHAN, County Clerk LE4Y BE , Co�oner----- Precinct No. 1 • TANLEMECommissioner Precinc No. 2 R--- OY SM H, Commissioner Precinct No. 3 C�_--- ------ ----- N, Commissioner Precinct No. 4 0 Page 2 of 2 r 1 L_J ACCOUNTS ALLOWED - COUNTY Claims totalling $532,661.84 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $415,104.63 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. THE COURT THEN HELD A BUDGET WORK SESSION. The Court recessed until July 12, 1989 at 10:00 A. M. JULY 12, 1989, 10:00 A. M. ALL MEMBERS PRESENT • BIDS AND PROPOSALS - VARIOUS INSURANCE Motion by Commissioner Smith, seconded by Commissioner Hahn, and carried, that the bid of Foss, Cates, Hudson & Sims Agency be accepted for various insurance. BUDGET WORK SESSION, 1990 BUDGET Motion by Judge Hernandez that the County hire 4 deputies for the Sheriff Dept. died for lack of a second. Motion by Judge Hernandez that the County hire 3 deputies for the Sheriff Dept. dies for lack of a second. Motion by Judge Hernandez, seconded by Commissioner Mikula, that the County hire deputy and 1 investigation for the Sheriff Dept. failed to carry. Voting Against: Commissioners Smith, Belk, and Hahn. Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County hire one investigator for the Sheriff • Dept. .Motion by Judge Hernandez, seconded by Commissioner Hahn, and carried, that the Hospital Budget be reduced $500,000.00. Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that $30,000.00 be included in the 1990 County Budget for Calhoun County Economic Development Corp. Commissioner Mikula abstained. Commissioner Belk voted No. 167 The Court recessed until 10:00 A. M. July 13, 1989. JULY 13, 1989, 10:00 A. M. ALL MEMBERS PRESENT ELECTION - HOSPITAL BOND ELECTION TO CONSTRUCT NEW HOSPITAL Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that an election be held on August 12, 1989 for the purpose of voting on a proposition that the Commissioners' Court be authorized to issue bonds in the aggregate amount -of $11,500,000 for the purpose of building a new hospital. ELECTION - SALES TAX Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that an election be held on August 12, 1989 for the purpose of "adoption of a 1/2 of 1 per cent sales and use tax within the County to be used to proportionally reduce the County property tax rate." Commissioner Hahn stated he felt the increase in sales tax would hurt the businesses more than it would help them. (Order recorded Pg. 159) • BUDGET WORK SHOP Motion by Judge Hernandez, seconded by Commissioner Mikula, and carried, that $200,000.00 for E. M. S. Services be placed in the 1990 Budget. Mark Kelly, Criminal District Attorney, asked the Court to re- consider his request for an.Assistant D/A and Investigator. The Court took no action. Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that one deputy be added to the Sheriff's Budget. Voting Against: Commissioners Smith and Belk. Motion by Commissioner Belk, seconded by Judge Hernandez, and carried, that salaries be increased 5'/ for all County employees. Voting Against: Commissioners Smith, Mikula & Hahn. • I,58 ORDER CALLING AN ELECTION WHEREAS, the Commissioners Court of Calhoun County, Texas (the "County"), deems it advisable to call the election hereinafter ordered. THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS, THAT: 1. An election shall be held between the hours of 7:00 A.M. and • 7:00 P.M, on August 12, 1989, in the County, in the regular voting precincts. 2. The Presiding Judge of each precinct shall appoint not less than two qualified election clerks to serve and assist in conducting said election; providing that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. Absentee voting shall be conducted by personal appearance and by mail. Absentee voting by personal appearance shall be at the County Courthouse, Port Lavaca, Texas; absentee voting by mail shall be through the County Courthouse, Port Lavaca, Texas 77979. During the period absentee voting is required or permitted by law, being July 24, 1989, or as soon thereafter as possible, through August 8, 1989, the hours designated for absentee voting by persona' appearance shall be from 8:00 A.M. to 5:00 P.M. on each day except Saturdays, Sundays, and legal state holidays; and the absentee voting clerk shall keep said absentee voting place open during such hours for absentee voting by personal appearance. The absentee voting clerk on said election shall be Mary Lois McMahan. 4. An absentee ballot board is hereby created to process absentee voting results, and Mrs. George Fred Rhodes is hereby appointed the presid- ing judge of said board. 'Phe presiding judge shall appoint at least two other members of the board. 5. All resident, qualified electors of the County shall be en- titled to vote at said election. •6. At said election the following PROPOSITION shall be submitted in accordance with law: "Adoption of a one-half of one percent county sales and use tax within the county to be used to -reduce the county property tax rate" 7. Voting in said election shall be by use of paper ballots, and the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION. PASSED AND APPROVED by the Calhoun County Commissioners Court on this 14th day of July, 1989. COMMI>0 d RS COS[ 19— OF CALHOUN By _ eA �< Alex R. Herthnaez, County Judge ATTEST: /,n" mL Mary LcAs McMahan, County Clerk TEXAS PUBLIC HEARING - LITTLE CHOCOLATE BAYOU PARK, TEXAS PARKS AND WILDLIFE DEPARTMENT GRANT A public hearing was held to hear public comment on the application for a grant from Texas Pakrs and Wildlife Department to develop "Little Chocolate Bayou Park". Bryan Weiss, County Extension Agent, Perry Haskins and Eddie • Schneider reviewed plans, location and flood plains map and discussed preliminary plans for the "Little Chocolate Bayou Park". Judge Hernandez asked if anyone had any objections. There were no objections or negative comment at the public hearing. ACCOUNTS ALLOWED - COUNTY Claims totalling $35,373.18 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Belk, seconded by Commissioner Smith, and carried, that said claims be approved for payment. TAX ASSESSOR -COLLECTOR MONTHLY REPORT The Tax Assessor -Collector presented her report for the month • of May, and after reading and verifying same, a motion was made by Commissioner Belk, seconded by Commissioner Smith, and carried, that said report be approved. COUNTY TREASURER'S MONTHLY AND QUARTERLY REPORTS The County Treasurer presented her monthly and quarterly reports and after reading and verifying same, a motion was made by Commissioner Belk, seconded by Commissioner Hahn, and carried, that said reports be approved. • //00 CALIIOUN COUNPy, TEXAS STATEMENT OF BALANCES is • C Balance Balance 4/1/89 Receipts Disbursements 6/30/89 General $4,701,863 $ 406,489 $1,154,705 $3,953,647 Road & Bridge General 2,479,494 206,219 334,673 2,351,040 Road & Bridge Pct. 1 183,097 68,827 95,859 156,065 Road & Bridge Pct. 2 57,895 78,679 86,299 50,275 Road & Bridge Pct. 3 121,824 49,190 60,731 110,283 Road & Bridge Pct. 4 201,035 138,774 133,906 205,903 FM -Lateral Road 682,772 27,745 53,088 657,429 Road Maint. Pct. 1 58,333 1,327 -o- 59,660 Road Maint. Pct. 4 7,862 179 -o- 8,041 Lateral Road Pct..l 3,715 83 -o- 3,798 Lateral Road Pct. 2 3,715 83 -o- 3,798 Lateral Road Pct. 3 3,715 83 -o- 3,798 Lateral Road Pct. 4 3,715 83 -o- 3,798 Flood Control Pct. 1 67,356 1,661 255 68,762 Flood Control Pct. 2 1,599 39 -o- 1,638 Flood Control Pct. 3 10,093 231 -o- 10,324 Flood Control Pct. 4 956 19 -o- 975 Sanitary Landfill 176,914 50,233 39,742 187,405 Sanitary Land. Replacement 9,531 214 336 9,409 Airport Maintenance 14,391 302 2,906 11,787 Bank Franchise Tax 49,053 16,673 -o- 65,726 Law Library 315 2,379 2,630 64 Library Gift -Memorial 127 -o- -o- 127 Voter Registration 4,331 102 -o- 4,433 Fine & Court Costs Holding 6,297 15,089 11,389 9,997 Donations 14,671 1,339 473 15,537 Grants 18,199 2,576 5,849 14,926 Juvenile Probation 9,439 7,875 13,035 4,279 Sesquicentennial Committee 6,703 160 -o- 6,863 Calendar Committee 2,958 71 -o- 3,029 Dist. Court-Iftprest Jury 1,503 4,393 5,658 238 County Court-Imprest Jury 840 528 450 918 Hospital Operating 934,620 1,579,836 1,487,780 1,026,676 Hospital EMS Sinking 76,793 1,734 -o- 78,527 Hospital Memorial 20 76 -o- 96 Indigent Healthcare 504 75,303 75;125 682 Community Development -o- 44 44 -o- Capital Proj.-New Library Bldg -o- 10,111 10,111 -o- Totals 19,916,248 $2,748,749 $3,575,044 $9,089.953 We the undersigned County Judge and Commissioners in and for Calhoun County, Texas, hereby certify that we have this date made an examination of and conpared the 1Co.unnty Treasurer's quarterly report, filed with us on this _)qg_ day of , 1989, and have found the sane to be correct and in due order. WITNESS OUR HANDS, off icia"r, this/ qR day of 1989. Roy SWORN TO AND SUBSCRIBED BEFORE ME, County Judge � and County C ssioners of said Calhoun County, each respectively, on this � day of �, 1989. BEFORE ME, THE undersigned authority on this day personally appeared Sharron Marek, County,,Txeasurer of Calhoun County, says that the within and foregoing report`i,s,.1.tF= iet9nd.,correct. ... If' sv. of":: \ day W ELECTION JUDGES ALTERNATE JUDGES AND DESIGNATION OF POLLING PLACES Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following persons be named Election Judges and Alternate Judges and the following places be designated as polling places: Absentee Canvassing Judge Election Prct. No. 1 Courthouse Annex Election Prct. No. 2 Bauer Exhibit Bldg. Election Prct. No. 3 Jackson Elem. School Election Prct. No. 4 Prct. 1 Whse., Magnolia Beach Election Prct. No. 5 Appraisal Dist. Office Election Prct. No. 6 Travis Middle School Foyer Election Prct. No. 7 Prct. 2 Whse., Six Mile Election Prct. No. 8 Hwy. Dept. Office Election Prct. No. 9" Housing Auth. Community Rm. Election Prct. No. 10 Rice Farmers' Office Election Prct. No. 11 Travis School Science Bldg. Election Prct. No. 12 Farmers' Gin Office Election Prct. No. 13 School District Office Election Prct. No. 14 First Baptist Church Election Prct. No. 15 Bauer Community Center Election Prct. No. 16 Olivia Community Center Mrs. George Fred Rhodes Mrs. G. C. Boyd, Judge • Mrs. Yvonne Holsey, Alt. Mrs. Leo Wilborn, Judge Rose Marie Knobles, Alt. Mrs. Lorraine Fabrygel, Judge Mrs. Joe Delgado, Alt. Mrs. Mary Nash, Judge James Carlin, Alt. Mrs. Antonia Reyes, Judge Katherine Fox, Alt. Mrs. Ed Vela, Judge Mrs. Otis Trimble, Alt. Mrs. Bertha Kabela, Judge Cecil Blake, Alt. Mrs. Gene Barnett, Judge • Mrs. Tom Gibson, Alt. Mary Louise Pina, Judge Minerva Avalos, Alt. Joe Carreon, Judge Mrs. Antonio Guzman, Alt. Mrs. John Burleson, Judge Mrs. Wanda Trevino, Alt. Mrs. S. A. Bradley, Judge Mrs. Theresa Gamez, Alt. Mrs. Oleta Rutherford, Judge Mrs. Lester Priddy, Alt. Mrs. Peggy Ryan, Judge Val Rodriguez, Alt. Mrs. Carl Partlow, Judge • Mrs. LaVonne Burgess, Alt. Ervin Hermes, Judge Mrs. Diane Behring, Alt. Election Precinct No. 17 Mrs. Larry Hamilton, Judge Point Comfort City Hall. Mrs. Bernice Harberson, Alt. Election Precinct No. 18 Mrs. L. C. Gossett, Judge • Roosevelt Elem. School Mrs. Rose Venecia, Alt. Election Precinct No. 19 Mrs. Hugo Sturm, Judge Hugo Sturm Residence Mrs. Marion Smith, Alt. Election Precinct No. 20 Mrs. Harold Evans, Judge Calco Grain Co. Office Mrs. Judy Nunley, Alt. Election Precinct No. 21 Mrs. Lucille Gohlke, Judge Prct. 4 Whse., Seadrift Mrs. Walter Wooldridge, Alt. Election Precinct No. 22 Mrs. Clara Thumann, Judge Port O'Connor Fire Station Mrs. Pauline Gonzales, Alt. Election Precinct No. 23 Mrs. Janet Custer, Judge Moreman Gin Office Mrs. Hazel Priest, Alt. • CONTRACTS AND AGREEMENTS - TAXES, GENERALLY, CALHOUN COUNTY APPRAISAL DISTRICT Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the following contract between Calhoun County and the Calhoun County Appraisal District be approved and the County Judge authorized to sign said contract: • 143 An Agreement For The Assessment and Collection Functions of the County of Calhoun To Be Performed by the Calhoun County Appraisal District This agreement made and entered into on this the 14th day of July , 1989 by and between the County of Calhoun (hereinafter referred to as "County") and the Calhoun County Appraisal District (hereinafter referred to as "District") as duly authorized by the governing body of each party to the contract. Purpose and Authority The parties to this agreement wish to enter into an agreement whereby the assessment and collection of property taxes for the County of Calhoun (County) will be performed by the Call:oun County Appraisal District (District). u The parties enter into this agreement in order to eliminate duplication of services for the assessment and collection of taxes and to promote governmental • efficiency; and The parties enter into this agreement pursuant to the authority granted by section 6.23 and 6.24, Property Tax Code and Art. 4413 (32c) V.A.T.S. otherwise known as the Interlocal Cooperation Act. In consideration of the premises and of the terms, provisions, and mutual promises herein contained, it is mutually agreed as follows: Length of Contract Period This contract shall be effective September 1, 1989 through December 31, 1990 and upon ratification by the governing bodies each year, shall continue in full force and effect from year to year until such time as either party hereto, by written notice to the other,'may terminate the same at the end of the contract year, such termination to be effective only if provided to the other party on or before September 1 of the year in which the party intends for the contract to • terminate. 1 LT • - Name of Office The consolidated office conducting the assessment and collection functions (receipts, statements, and correspondence) shall be referred to as the Calhoun County Consolidated Tax Office. Assessment Services to be Performed The District shall perform, through a Board of Tax Professional Examiners registered or certified assessor, all the functions of assessment of ad valorem property taxes for the County as defined in the Definitions section of this contract and as provided under the Property Tax Code and the State Property Tax Board rules, including the calculation and publication of the effective tax rate of the County according to section 26.04 and the guidelines established by the State Property Tax Board. In the event that the County proposes to adopt a tax rate exceeding the limits of section 26.05(c) and necessitating further publication of hearings • per section 26.06, the costs will be a direct expense to the County. However, if the County fails to adopt its tax rate by September 1, or if the County's adopted tax rate is rolled back, the costs for additional publications and notices will be the responsibility of the County and any additional assessing costs incurred by the District for late and separate tax bill processing or issuance of corrected bills associated therewith shall be strictly accounted for by the District and shall be payable by the County upon submission of that accounting by the District. Should the County offer discounts to its taxpayers under section 31.05(b) or 31.05(c), or both, the District agrees that if a consolidated billing system is utilized by the District that, upon request or attempted remittance by a taxpayer of taxes imposed by the County, the District will generate a separate billing for that account so that such remittance by taxpayer will not constitute • a partial payment under section 31.01. Collection Services to be Performed W, i The District shall perform through a Board of Tax Professional Examiners registered or certified collector, all the functions of collection of ad valorem property taxes for the County as defined in the Definitions section of this contract • and as provided under the Property Tax Code and the State Property Tax Board rules, including required reports to the County, notices to taxpayers including the 33.07 collection cost penalty notice, issuance of refunds under section -31.11 with submission to the County for approval of any refund request exceeding $500 and tax certificate issuance; however County agrees to transfer authority for performance of the taxing unit's auditor function under section 31.11 to be performed by District's Chief Appraiser. Deposits to the County's designated depository at the time of collection will be deposited weekly unless a sum of $100,000 is collected for the County, in which case an additional deposit shall be made to the County's depository. It is understood that acceptance by a collector of a check or money order constitutes payment of a tax as of the date of acceptance only if the check or money order is duly paid or honored. Section 31.06. The County agrees to deliver or make available to the District all delinquent • and other tax records necessary for the performance of the District's duties under this contract. At any time the County may have access to these records and will be provided with a complete set of records on computer tape and/or microfische if and when the County may wish to terminate this contract agreement. Furthermore, District agrees to protect against loss of records by providing for duplicate record storage at periodic intervals, weekly, and agrees to make accessible on computer tape or printout the delinquent records to any delinquent tax attorney operating in behalf of the County. In addition the District's collector will be bonded in,the amount of $100,000, payable to the governing body of the County. The District shall also provide for an independent audit of its collection /O L • operation annually (December 31) to be contracted by the District and with final reports from auditing firm to the County. Payment of Services In consideration for the functions of assessing and collecting services to be performed as specifically provided in this contract and according to the Property Tax Code and the State Property Tax Board rules, and as included in Exhibit A of this contract, the County agrees to pay to the District their prorata share of the actual costs incurred by the District for the assessing and collection functions based on an audit of actual costs incurred. The accounting period of such costs shall be from January 1'through December 31 of each year, except for the initial period which shall be from September 1, 1989 to December 31, 1989. Until such costs are accounted for by the District's auditors, the District shall withhold from all taxes collected, including penalty and interest, one percent (1%) to be • accounted for by the District. Prior to April 1 of each year beginning in 1990 and after an accounting of costs are received from the District's auditors any excess of monies retained by the District shall be paid to the County. Conversely, any cost of the District in excess of the amount withheld from the County will be paid to the District by the County. Delinquent Taxes The County retains the right to contract with a delinquent tax attorney of its choice and will provide by official action an additional penalty of 15% to defray the cost of collection. Compensation to attorneys contracted to County shall be paid by the County. The County may authorize, by order of their governing body, the District to contract with a competent attorney under section 6.30 and 6.24(b) to enforce the collection of delinquent taxes for the County's delinquent accounts. The attorney's compensation under the contract shall not exceed that set forth in section 6.20 • of the amount of taxes, penalty and interested collected. The District further 10 agrees that such fee as specified herein as attorney's fees will be paid from the delinquent taxes, penalties and interest collected for the County by said private • legal counsel. District shall make available the delinquent tax records to the specified attorney by July 1st of each year the contract Iremains in effect and each year the attorney is contracted to perform these functions. The District further agrees that these records will be provided to the attorney contracted with in the form of duplicate computer tapes. Other Provisions and Definitions The District shall not be liable to the County on account of any failure to collect taxes nor shall the collector be liable unless the failure to collect taxes results from some failure on his or her part to perform the duties imposed upon him or her by law and by this agreement. All expenses incurred by the District for the assessment and collection of taxes shall be clearly kept on the books and records of the District. The County or its designated representatives are authorized to examine the records to be • kept by the District at such reasonable intervals as the County deems fit. Such books and records will be kept in the,offices of the District. In the event a contract dispute arises between the parties herein named to the contract, a mutually agreed upon third party will be named to act as indep- endent arbiter whose compensation will be paid in equal parts by both parties to the contract, whose decision regarding the dispute will be a binding decision on both parties to the contract. For the purposes of this agreement, the term "assessment" shall include the following: submission to the County's governing body of appraised, assessed and taxable value of new properties and of all properties in the unit, calculation and publication of the effective tax rate calculation, application of the unit's adopted tax rate to the values on the appraisal roll and submission of this roll Uty to the governing body for approval and creation of the County's tax roll, proration of taxes, maintenance of the integrity of the tax roll through correction of clerical error in the tax rolls, and all other assessment duties mandated under the Property Tax Code; the term "collection" for purposes of this agreement shall include the collection of tax liabilities, issuance of refunds, monthly, annual and other collection reports as provided by this contract, required notices to taxpayers including the collection cost.penalty notice section 33.07, Property Tax Code, deposits to the County's designated depository at intervals as specified herein, issuance of tax certificates and all other collection functions mandated by the Property Tax Code. For the purposes of assessment and collection the County is defined to include the jurisdictions that the County is presently assessing and collecting for as follows: • Calhoun County Calhoun County Navigation District Water Control and Improvement District #1 Drainage District No. 6 Drainage District No. 8 Drainage District No. 10 Drainage District No, 11 Farm, Market and Lateral Road Port O'Connor Municipal Utility District Exhibit "A" Basis of Annual Charge for Tax Assessment and Collection I. Expenses of the tax collection office of the Calhoun County Appraisal District • used to determine the annual charges to the County for the assessment of property and the collection of taxes thereof are: Payroll Mal All salaries and other payroll expenses charged to the District's tax collection office such as insurance, payroll taxes, workmen's compensation, • health insurance, etc. Purchased and Contracted Services All expenses incurred by the District's tax collection office for services rendered by firms, individuals, or professionals which are independent of the District such as maintenance contracts, publications, legal fees, upkeep of grounds and building, utilities, rentals, and all other purchased and contracted services not mentioned above. (Excludes fees of delinquent tax attorney). Supplies and Materials - All expenditures for supplies and materials necessary for the operation and maintenance of furniture, data processing equipment, janitorial, buildings and grounds, books, office supplies, printings, and all other material and supplies not mentioned above. Other Operating Expenses • Expenditures necessary for the operation of the tax office such as travel, subsistence, insurance, bonding expense, fees and dues, and other miscell- aneous expenses not mentioned above. Capital Outlay All expenditures for furniture, and equipment necessary in the operation of the tax office. The foregoing expenses will be based upon the actual amounts expended by the Appraisal District in the immediate past fiscal year ending December 31 of the calendar year in which each statement for services is submitted. Il. The following factors and formula will be used in determining the total yearly cost to the County for assessment and collection. Factors: Po U I 1 U • A. Total current tax levy in Calhoun County by all jurisdictions. B. Current tax levy of County and all jurisdictions presently receiving assessment and collection service from County. C. Sum of the costs and expenditures delineated in section I of this Exhibit. Formula: (B i A) x C - county's cost Approval of Calhoun County Tax Assessor/Collector I, Annette Baker, do hereby approve the consolidation of the functions of assessment and collection as set forth in this contract and authorized by section 6.24(b) Property Tax Code and Art. 4413(32c) V.A.T.S. otherwise known as the Interlocal Cooperation Act. Tax Assessor/Collector Calhoun County Texas Executed at Port Lavaca, Texas on the date and year first written above. Attest: Secretary, Board of Directors Calhoun County Appraisal District Attest: / � ,Q�y-• �w�.y / / /e // K7�/JgnzJ Clerk, alhoun County Chairman, Board of Directors Calhoun County Appraisal District • L� • / %;1 • E • l73 • • /75 • • lib • E • /77 THE COURT ADJOURNED. SPECIAL JULY TERM HELD JULY 31, 1989 THE STATE OF TEXAS COUNTY OF CALHOUN X BE IT REMEMBERED, that on this the 31st day of July, A. D. 1989, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M. a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk (Absent) whereupon the following proceedings were had: BIDS AND PROPOSALS - CONSTRUCTION OF WASTE WATER PLANT AND LINES, MAGNOLIA BEACH, PRECINCT NO. 1 The Court reviewed the following tabulation sheets. (see tabulation sheets recorded on pg. 179-180) It was noted by the Court that the apparent low bidder was Mercer Construction Co. in the amount of $431,599.00, which would be approximately $85,000.00 over budget. Several possibilities were discussed concerning ways to fund the overage on the construction costs. A motion was made by Commissioner Belk, seconded by Commis- sioner Hahn, and carried, that all bids be tabled until the August 14th meeting of the Commissioners' Court. Present for the meeting was Pat Kennedy with Golden Crescent Regional Planning Commission, Truman Baker with G & W Engineers Inc, and Barbara Tipton, Chairperson of South Central Water Control and Improvement District No. 1. PIPELINE EASEMENT - EXXON GAS SYSTEM, INC. - SANITARY LANDFILL TRACT The Court considered the request of Exxon Gas System, Inc, for and easement on the Sanitary Landfill tract but by general con- sensus the Court rejected the request at this time. is • 7 • JULY 21, 1989 ITEM ITEM DESCRIPTION PERRY CONSTRUCTION E.L. CRISP CONST. MERCER CONSTRUCTION INGLESIDE TEXAS VICTORIA TEXAS EDNA TEXAS A WASTEWATER TREATMENT PLANT & RELATED UNIT WORK - TOTAL 200,000.00 UNIT - TOTAL UNIT TOTAL NUMBER OF DAYS TO COMPLETE ITEM A - 200/DAYS - 296,000.00 - 222,000.00 B 1. 3590 LF 611 PVC 41-68 10.00 35,900.00 9.00 230/DAYS 32,310.00 - 6.50 170/DAYS 23,335.00 2. Z�1660 IF 6^ PVC 3.5 675 IF 81, PVC 6,-81 11.00 18,260.00 10.00 16,"600.00 8.50 14,110.00 4. 320 LF 801 PVC 01-41 41-61 12.00 8,100.00 10.55 7,121.25 7.50 5,062.50 5. 780 IF 8^ PVC 6f-8' 13.00 4,160.00 11.55 3,696.00 8.00. 2,560.00 6. 1290 IF 811 PVC as-10v 14.00 10,920.00 12.55 9,789.00 10.00 7,800.00 7.;0 460 LF 101, PVC 41-61 22.00 28,380.00 29.00 37,410.00 13.00 16,770.00 8. 845 IF 1011 PVC 61-8t 16.00 7,360.00 13.50 6,210.00 9.50 4,370.00 9. 235 IF 5001 PVC So-10v 18.00 15,210.00 15.00 12,675.00 10.70 9,041.50 10. Z,,y 725 LF 1010 PVC 101-12' 23.00 28.00 5,405.00 20,300.00 27.00 29.00 6,345.00 12.00 2,820.00 4 MANHOLES 41-61 1,400.00 5,600.00 900.00 21,025.00 3,600.00 14.00 830.00 10,150.00 3,320.00 12. 13. 9 MANHOLES 3 MANHOLES 69-81 1,600.00 14,400.00 1,050.00 9,450.00 950.00 8,550.00 14. 4 MANHOLES 8e-10t 10#-121 2,100.00 6,300.00 1,300.00 3,900.00 1,060.00 3,180.00 15. 13 CLEANOUTS 2,300.00 9,200.00 1,900.00 7,600.00 -1,200.00 4,800.00 16. 1 LIFT STATION 380.00 4,940.00 225.00 2,925.00 270.00 3,510.00 17. TRENCH SAFETY 32,000.00 32,000.00 39,500.00 39,500.00 24,900.00 24,900.00 18. 470 LF PAVEMENT REPAIR 3,900.00 3,900.00 19,000.00 19,000.00 6,100.00 6,100.00 19. 60 IF SHELL ROAD REPAIR 14.00 6,580.00 20.00 9,400.00 5.00 2,350.00 20. 60 LF 1891 CASING BORED 12.00 80.00 720.00 4,800.00 10.00 150.00 600.00 4.00 240.00 21. MISCELLANEOUS 7,500.00 7,500.00 2,000.00 9,000.00 2,000.00 40.00 6,000.00 2,400.00 6,000.00 • TOTAL BID FOR ITEM B NUMBER OF DAYS TO COMPLETE ITEM B - 249,935.00 - 260,136.25 - 161,369.00 - ISO - 150 - 130 C. 1. 2. P1 SERVICE TAPS 6825 IF 490 250.00 22,750.00 40.00 3,640.00 80.00 7,280.00 SERVICE 5.00 34,125.00 5.90 40,267.50 6.00 40,950.00 ♦ TOTAL BID FOR ITEM C - 56,875.00 NUMBER OF DAYS TO COMPLETE ITEM C - 200 *• TOTAL BID FOR ITEM A,B & C - 506,810.00 NUMBER OF DAYS TO COMPLETE A,B & C - 245 43,907.50 50 600,063.50 260 48,230.00 130 431,599.00 170 1 S G & W IiNGINEE1iS, INC. 205 W. Live Oak Part Lavaca, Tesas 77979 i DID TABULATION SHEET Wastewater Treatment Plant & Wasterwater Collection System For Mnenolin Beach, Calhoun Countv DATE: ,lulu 21, 1989 @ 10:00 AM. i i ! ITEM i ITEM DESCRIPTION BIDDERS Perry Const. Ingleside E.L. Crisp Victoria Mercer Cons Edna . A Total Bid for Item A, Wastewater Treatment Plant and Related Site Improvements. $200,000.00 $296,000.00 $222,000.0 1 Number of Days to Complete Item A 200 230 170 B Total Bid for Item B, Wastewater Collection System $249,935.00 $260,156.00 $161,369.00 Number of Days to Complete Item B _ 180 150 130 C Total Bid for Item C , Service taps and residential service lines $ 56,875.00 $ 43,907.50 $ 48,230.00 Number of Days to Complete Item C 200 5o 130 A,B & C Total Bid for Item A, B & C above $506,810.00 $600,063.50 $431,599.00 Number of Days to Complete Items A, B & C 245 260 170 — 1 1 • �i • UTILITY PERMITS - GENERAL TELEPHONE CO., PRECINCT NO. 1 Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the following permit be approved: MC OWS47 ED-135 (eEV.I-BB) ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION TO THE COMMISSIONER'S COURT OF CALHOUN DATE July 12, 1989 COUNTY ATTENTION COUNTY JUDGE: Alex R. Hernandez Calhoun County Courthouse Port Lavaca, Texas 77979 Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right -of -wax of a County Road in CALHOUN County, PORT LAVACA, TEXAS as follows: uaB proposes o rep ace a section of damaged cable near Indianola on La Salle Drive leading to the Powderhorn Community. The proposed cable will begin approximately 1595' southeast of Comal St. and will extend southeast for 600' to where La Salle St. turns to the southwest. The existing cable, buried 5' inside the northwest right-of-way, has been determined to be bad and will be abandoned in place once the new cable has been installed. The cable will be plowed in at 8' inside the northwest right-of-way in order to avoid damaging the working cable and to avoid several concrete culverts. All cable will be plowed to a minimum depth of 30". See Attached Sketch. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. GTE a Construction of this line will begin on or after August 2, 1989 INCORPORATED r PROJECT COORDINATOR Address P. O. BOX 1112 ROBSTOWN, TEXAS 78380 512/387-6433 ISI E CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: PATRICK J. VAJDOS PROJECT COORDINATOR P. O. BOX 1112 ROBSTONN, TEXAS 78380 • The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 07<12�89 except as noted below. It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify T.aray Balk , telephone 512/552-9 4 Commissioner of Precinct No. l , forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. • Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 31st day of July , 19 89 , and duly recorded in the Minute Book of the Commissioner's Court of Calhoun County, Texas. �o • To FM 3 / /e V) r EPIJT/NG GrE Geece To "PEMA/N �N USE. ET/S rIN6 GTE CXZLE----w--�.—r- To Ze AHAAWNEC. Fdl-f ur-b GTE URLi ARM TAX OW. w Q IMW' RT /�J �� ryL�O OAT! n/ /-LJ DRAWN QY�CA,. /-6 -89 / A"ROVROW-piIAA DATF 7-7-8'.i RE ISWD OAT! KALE P,PeLINL r / eRECT� a MC 600664 ED-172(REV. 1 Be) Southwest 193 CLOSED SESSION - PERSONNEL The Court being in open session in compliance with the perti- nent provisions of Sec. 2g of Art. 6252-17 of Texas Civil Statutes, the County Judge as presiding officer publicly an- nounced that a closed session would no be held under the pro- visions of Sec. 2g of said Art. 6252-17 for the purpose of discussing personnel matters. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said closed session, this meeting will be reopened to the public. The Court then went into closed session. At the end of the closed session, the meeting was reopened to the public and by general consensus of the entire Court, the Court agreed that Arlen Martin should be notified in writing of his termina- tion of employment with Calhoun County to be effective Aug. 31, 1989. ACCOUNTS ALLOWED - COUNTY Claims totalling $323,242.09 were presented by the County Auditor and after reviewing and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Belk, and carried, that said claims be approved plus an additional $50.00 approved for payment to Colleen Franke, Court Reporter. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $158,405.97 were presented by the County Auditor and after reviewing and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Belk, and carried, that said claims be approved. THE COURT RECESSED UNTIL 7:(M P. M. for a Public Hearing. JULY 14, 1989, 7:00 P. M. ALL MEMBERS PRESENT PUBLIC HEARING - ISSUANCE OF BONDS TO CONSTRUCT NEW HOSPI • • A public hearing was held to give the citizens a chance to • ask questions concerning the construction of a new hospital if the bond election is approved on August 12th by a majority of the voters. Judge Hernandez asked each person interested in speaking "For" or "Against" the hospital bond issue to sign a roster. There were 24 persons who signed the roster and due to the num- ber Judge Hernandez found it necessary to limit each person to 2 minutes. After going down the roster and giving each person to speak or ask questions of the Court Judge Hernandez then asked each group to allow 2 of their people to make a final summary of their position. THE COURT ADJOURNED. REGULAR AUGUST TERM THE STATE OF TEXAS J( X COUNTY OF CALHOUN X HELD AUGUST 14, 1989 BE IT REMEMBERED, that on this the 14th day of August, A. D. 1989 there was begun and holden at the 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, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct Commissioner, Prct Commissioner, Prct Commissioner, Prct County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - INSURANCE 1 2 3 4 (Absent) The bid of Foss, Cates, Hudson & Sims Agency was the only bid received for insurance. The County Auditor read the following • amounts submitted in the bid as $4,830.00, $1,832.30 and $1,904.52 whereupon a motion was made by Commissioner Smith, seconded by Commissioner Mikula, and carried, that said bid be accepted. LIBRARY, LAY REPRESENTATIVE TO SOUTH TEXAS LIBRARY SYSTEM Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that Dan Rollins be appointed lay representative to the South Texas Library System. BIDS AND PROPOSALS - DUMP TRUCKS The following bids were received for dump trucks: Barrett White GMC $24,199.00 ea. Main Ford, Mercury $25,439.00 ea. • All bids were tabled until Friday. a5 LIBRARY - CONSTRUCTION OF NEW LIBRARY Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that we continue with the Construction Document Phase of the Agreement between Owner and Architect in regard to the proposed new library. EASEMENT - EXXON GAS SYSTEM INC., SANITARY LANDFILL TRACT Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the County grant an easement to Exxon Gas System, Inc, at the Sanitary Landfill tract for $3,796.00 for a 50 ft. permanent easement and a 50 ft. temporary easement during the construction phase; said easement.is in the Western tip of 174.93 ac. of land and would fall within the existing powerline easement; subject to approval of the State Health Dept. TRANSFER OF FUNDS - WASTE WATER TREATMENT PLANT, MAGNOLIA BEACH, PRECINCT NO. 1 Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County set aside $85,000.00 out of the contin- gency fund for the Waste Water Treatment Plant at Magnolia Beach as this is a urgent need project. It is -an emergency because • the health and welfare of the public is at stake. _The State has already appropriated $400,000.00 on an urgent need application grant with health hazards including cited cases of chlorea. CONTRACTS AND AGREEMENTS - WASTE WATER TREATMENT PLANT, MAGNOLIA BEACH Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the contract be awarded to the low bidder, Mercer Construction Co. of Edna, in the amount of $431,599.00 and that the County Judge be authorized to sign said contract. ELECTION, CANVAS - HOSPITAL BOND ELECTION AND SALES TAX ELECTION The Court canvassed the returns of the Hospital Bond Election is Sales Tax Election held on August 12, 1989 and entered the following orders: 18L • • ORDER CANVASSING ELECTION RETURNS WHEREAS, the Commissioners Court of Calhoun County, Texas (the "County") ordered an election to be held in the County on August 12, 1989, on the PROPOSITION hereinafter stated; and WHEREAS, the Commissioners Court has investigated all matters pertaining to said election, including the ordering, giving notice, officers, holding and making returns of said election; and WHEREAS, the election officers who held said election have duly made the returns of the result thereof, and said returns have been duly delivered to the Commissioners Court. THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS, THAT: 1. The Commissioners Court officially finds and determines that said election was duly ordered; proper notice of said election was duly given; proper election officers were duly appointed prior to said election; said election was duly held; the County has complied with the Federal Voting Rights Act and the Texas Election Code; due returns of the result of said election have been made and delivered; and the Commissioners Court has duly canvassed said returns, all in accordance with law and the Order calling the election: 2. The Commissioners Court officially finds and determines that the following votes were cast at said election on the submitted PROPOSITION by the resident, qualified electors of the County who voted at the election: 1738 VOTES: FOR 2405 VOTES: AGAINST PROPOSITION THE ISSUANCE OF $11,500,000 HOSPITAL TAX BONDS 3. The Commissioners Court officially finds, determines, and declares the result of said election to be that the PROPOSITION so submitted has not received a favorable majority vote in all respects and has not carried. 4. The aforesaid bonds may not be issued, and the aforesaid bond tax may not be levied, assessed, nor collected. PASSED AND APPROVED on August , 1989. 197 RESOLUTION CANVASSING ELECTION RETURNS WHEREAS, the Commissioners Court of Calhoun County, Texas (the "County") ordered an election to be held in the County on August 12, 1989, on the PROPOSITION hereinafter stated; and WHEREAS, the Commissioners Court has investigated all matters • pertaining to said election, including the ordering, giving notice, officers, holding and making returns of said election; and WHEREAS, the election officers who held said election have duly made the returns of the result thereof, and said returns have been duly delivered to the Commissioners Court. THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS, THAT: 1. The Commissioners Court officially finds and determines that said election was duly ordered; proper notice of said election was duly given; proper election officers were duly appointed prior to said election; said election was duly held; the County has complied with the Federal Voting Rights Act and the Texas Election Code; due returns of the result of said election have been made and delivered; and the Commissioners Court has duly canvassed said returns, all in accordance with law and the Order calling the election: 2. The Commissioners Court officially finds and determines that the following votes were cast at said election on the submitted PROPOSITION by the resident, qualified electors of the County who voted at the election: PROPOSITION 2362 VOTES: FOR ADOPTION OF A ONE-HALF OF ONE PERCENT • COUNTY SALES AND USE TAX WITHIN THE COUNTY 1633 VOTES: AGAINST TO BE USED TO REDUCE THE COUNTY PROPERTY TAX RATE The PROPOSTTION was approved by 729 votes. 3. The Commissioners Court officially finds, determines, and declares the result of said election to be that the PROPOSITION so submitted has received a favorable majority vote in all respects and has carried. 4. The aforesaid sales and use tax may be adopted, and the aforesaid tax may be collected, effective on January 1, 1990. PASSED AND APPROVED on August'``, 1989. ALHOUN COUNTY\ TEXAS l \� By: ATTEST: Mary Lois McMahan, County Clerk • LATERAL ROAD REFUND Judge Hernandez certified the following Laterl Road Account for fiscal year 9-1-88 to 8-31-89. * CALHOUN COUNTY LATERAL ROAD ACCOUNT (0) NAME OF ROAD (N) PRECINC" R.O.W. ENGINEERING EQUIPMENT SUPERVISION OIL AND LABOR MATERIAL GAS MISC GRAND TOTAL Roemerville Road 0 One $3,604.09 $3,604.09 Jurek Road 0 Two 1,802.04 1,802.04 Hengst Road 0 Two 1,802.04 1,802.04 County Road 303 0 Three 3,604.08 3,604.08 Farik Road 0 Four 3,604.08 3,604.08 TOTAL 1 $14,416.33 $14,416.33 Unexpended Balance September 1,1988 S 0.00 Additional Funds Received in 1988 S 14.416.33 Total to be Accounted for S 14 416 14 Less: Amount Expended S 14,416.33 Balance in Lateral Road Accounts as of August 31,1989. 5===== _ _ 0.00 *(0) - Old Road (N) - New Road New Lateral Road Mileages Added since previous fiscal year Q I hereby certify that the above reprot is a true statement of the expenditures from the Lateral Road Account for the fiscal year September 1,1988 to August 31,1989. MC 600647 ED-135 tREV 1.66) ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE -INSTALLATION DATE TO THE COMMISSIONER'S COURT OF CALHOUN ATTENTION COUNTY JUDGE: Alex R. Hernandez awl2m COUNTY Calhoun County Courthouse Port Lavaca, TX 77979 • Formal notice is hereby given that GTE SOUTHWEST INCORPORATTEE II nstruct a communication line within the i ht-of- a of a Count Road in CAQIdU�P )S�rt Lwa�iace, TX y as follows: County, GTE proposes to place buried cable along the north Right -of -Way of both Bonordon Rd. and Clink Rd. in the Klink Subdivision west of Port Lavaca, Texas. Beginning where Clink Road and Hwy 87 intersect, buried cable will extend along the north R.O.W. of Clink Rd. to within 47' of the road dead end. In addition, where Bonordon Rd. intersects Clink Rd., buried cable will extend 811' along the north R.O.W. of Bonordon Rd.and turn right and extend another 86' along the same side of Bonordcn Rd. This job will require three bores as shown on the attached drawing. All cable will be placed a minimum depth of 30". The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrendeo, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after GTE SOUPW�EStT INCORPORATED By 1H1'1C11.P� W. VHJliub PROJECT COORDINATOR Address P. 0. BOX 1112 ROBSTOWN, TEXAS 512/387-6433 August 18, • 190 • UTILITY PERMITS - GENERAL TELEPHONE CO. - KLINK SUBD., PRECINCT NO. 2 Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the following utility permit be approved: CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: PATRICK J. VAJDOS PROJECT COORDINATOR P. 0. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALPOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 08-02-89 except as noted below. • It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Stanlev L. Mikula Commissioner of Precinct No. 2 telephone 512/552-9656 forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 14th day of August Book of the Commissioner's Court of • _, 1989 and duly recorded in the Minute Calhoun County, Texas. 01 G TE PRO POSES TD PLAC E ' z� L-U' ,OF LSU)ZIE CA)5tf-. 61 N W � J U PAVED Md EXISTING CA Tb BE MAKIMNED 57 ^7 PROPDSED CA , 3 ,IZ ,qq �1 UFE 4(; - PL AD'- 4" PVLZ- PKUPOSED CA EAISTIM1IG CA IM USE *-1—w EX15TI%G CA• TO 5L ABAIJDONFD om AREA SOUTH TEXAS TAX . 4USD3 o wo 6n PL41 V CA" 7 - Z `6-4,9 DRAyN P (V V —W 7 Lz 6 - �`J 11EVISED VY OAS !GALE N T S MC 600664 EU-1721BEV.1 681 ® Southwest BURIED CA61 F CALM !M!!T 0/ I W. Q ADD. E FJ • 7 • SALARY ORDER AMENDMENT - SECRETARY, JUVENILE PROBATION DEPT. Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the following Salary Order Amendment be approved and presented for the Juvenile Probation Dept. SALARY ORDER AMENDMENT STATE OF TEXAS § COUNTY OF CALHOUN § WHEREAS, on the 9th day of January, 1989 the Calhoun County Commissioners Court passed and approved an Order to compensate county officials, supervisors, and permanent employees; and WHEREAS, it has been brought to the Commissioners Court's attention that the Juvenile Probation Department's secretary is making an entry level salary, notwithstanding five years of service, without an increase to second level pay, which pay is $16,609; and WHEREAS, the State Aid Agreement between the County and the Texas Juvenile Probation Commission provides that the State will compensate the Juvenile Probation Officer in the amount of $27,000 effective September 1, 1989; NOW, THEREFORE, BE IT ORDERED BY THE CALHOUN COUNTY COMMISSIONERS • COURT to amend the Salary Order passed on January 9, 1989, in regard to the Juvenile Probation Department, as follows: 1. The semi-monthly salary of the secretary, from $507.95 to $692.04, effective August 1, 1989. • 2. The semi-monthly salary of the juvenile probation officer from-$903.00 to $1125.00, effective September 1, 1989. PASSED AND APPROVED, by the Calhoun County Commissioners Court on August 14, 1989. ATTEST: Mary is McMahan, County Clerk Oscar F. Hahn, Commissioner, Prec. #4 193 PUBLIC HEARING - ORDER SETTING DATE FOR BUDGET HEARING, AMENDMENT, SETTING TAX RATES Motion by Judge Hernandez, seconded by Commissioner Mikula, and carried, that the following order be entered: ORDER SETTING DATE, TIME AND PLACE FOR BUDGET HEARINGS; FOR AMENDING ALL 1989 COUNTY BUDGETS; FOR SETTING TAX RATES AND LEVYING AND ASSESSING TAXES WHEREAS, the Commissioners Court of Calhoun County, Texas met • on August 14, 1989 (regular term of the Commissioners Court), and WHEREAS, one of the items on the agenda was to set date, time and place for hearing on the 1990 County budgets and for amending all 1989 County budgets, and also for setting tax rates and levying and assessing taxes. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS, that budget hearings will be held on September.11, 1989 at 10:00 o'clock A.M. at the Commissioners Courtroom in the Courthouse in Port Lavaca, Texas. Hearing to be held for purposes of setting tax rates and levying and assessing taxes will be held on September 15, 1989. PASSED AND APPROVED this 14th day of August, 1989. By CALHOUN C 9RZl TEXAS ex xy,Hepandez, County Leroy Yq1k61�ffiissioner, Prec. L. ul ,.Commissioner, Prec. #2 COmm:Ls5loner, Prec. Oscar F. Hahn, Coaunissioner, Prec. #4 ATTEST: 4w Z, ma;.� Mary Lois, McMahan County Clerk CJ • COUNTY TREASURER'S MONTHLY REPORT The County Treasurer presented her monthly report and after reading and verifying same, a motion was made by Commissioner Smith, seconded by Commissioner Belk, and carried, that said report be approved. • TAX ASSESSOR -COLLECTOR MONTHLY AND ANNUAL REPORT The Tax Assessor -Collector presented her monthly and annual reports and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Belk, and car- ried, that said reports be approved. HEALTH DEPARTMENT - CLERK Dr. Patti Dodson advised the Court that the State will fund a position for a clerk at the Health Dept. and requested the Commissioners' Court approval. By general consensus the Court approved. • ACCOUNTS ALLOWED - COUNTY Claims totalling $234,733.01 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $232,132.99 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved. ACCOUNTS ALLOWED - COUNTY • Motion by Judge Hernandez, seconded by Commissioner Mikula, and carried, that the following be approved: $ 918.00 Elections $ 100.00 Golden Crescent RPC $ 179.00 Statement of Facts, Examining Trial Total amount to be paid out of the contingency fund. 196� THE COURT RECESSED UNTIL FRIDAY, AUGUST 18, 1989. FRIDAY, AUGUST 18, 1989, 10:00 A. M. ALL MEMBERS PRESENT ADVISORY COMMITTEES - GOLDEN CRESCENT REGIONAL PLANNING COMMISSION Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the following members be appointed to the advisory committees of GCRPC: AREA ADVISORY COUNCIL ON AGING Mary Jane Weber Azile Bonneau Chester Surber REGIONAL ALCOHOL & DRUG ABUSE ADVISORY COMMITTEE Ed Scherer Don Bridges Leslie Sanders EMS/911 ADVISORY COMMITTEE Henry Barber Randy Coward Ms. Bobbie Grimes Joseph Dufner PUBLIC PROTECTION ADVISORY COMMITTEE Rick Brush Mike Gibson Greg Falcon James Swan REGIONAL TOURISM ADVISORY COMMITTEE Jim Crouch Charlie Zirkelback (Vacant) BIDS AND PROPOSALS - DUMP TRUCKS Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the second low bid in the amount of $25,349.00, the bid of Main Ford, Mercury be accepted. If the low bid id accepted, in order to have the trucks serviced, they will have to be taken out of town. EMERGENCY OPERATION PLAN Motion by Judge Hernandez, seconded by Commissioner Mikula, and carried, that the following Emergency Operation Plan Update be approved: . • • is 1910 ATTACHMENT 4 • COMMISSIONERS COURT ORDER BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS, ESTAB- LISHING A PROGRAM INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDI- NATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANT- ING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE COUNTY OF CALHOUN; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN T14IS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL - CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00. WHEREAS, the Commissioners Court of the County of Calhoun finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on -going concern of the County if the lives and property of the populace are to be protected; and WHEREAS, the Commissioners Court declares that the preparation of a Comprehensive Emergency Management plan, and the means for its implementation, for man -caused disasters or threat thereof is im- mediately essential; and WHEREAS, the Commissioners Court further finds that in times of disasters which imperil the safety of the inhabitants of the County, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and WHEREAS, the Commissioners Court finds, therefore, that the preparation, and implementation of such plans are now imperative; BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY. TEXAS: Section 1. ORGANIZATION There exists the office of Emergency Management Director of the County of Calhoun, which shall be held by the County Judge in ac- cordance with state law. (a) An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director; (b) The Director shall be responsible for a program of compre- hensive emergency management within the county and for carrying out the duties and responsibilities set forth in this court order. He/she may delegate authority for • 39 197 n LJ execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director. (c) The operational Emergency Management organization of the County of Calhoun shall consist of the officers and em- ployees of the County so designated by the Director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accord- ance with the terms of the emergency management plan. Section 2.. EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES The duties and responsibilities of the Emergency Management Director shall include the following: (a) Conduct an on -going survey of actual or potential hazards which threaten life and property within the county and an on -going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a dis- aster did occur. (b) Supervision of the development and approval of an emergency is mendplan for the County of Calhoun, and shall recom- mend for adoption by the Commissioners Court all mutual aid arrangements deemed necessary for the implementation of such plan. (c) Authority to declare a local state of disaster. The declara- tion may not be continued or renewed for a period in excess of 7 days except by or with the conse::t of the Commissioners Court. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the County Clerk. (d) Issuance of necessary proclamations, regulations or direct- ives which are necessary for carrying out the purposes of this Court Order. Such proclamations, regulations, or di- rectives shall be disseminated promptly by means calculated to bring its contents to the attention of the general pub- lic and, unless circumstances attendant on the disaster pre- vent or impede, promptly filed with the County Clerk. (e) Direction and control of the operations of the Calhoun County Emeregncy Management organization as well as the training of Emergency Management personnel. (f) Determination of all questions of authority and responsibility • that may arise within the Emergency Management organization of the County. CD] (g) Maintenance of liaison with other municipal, county, dis- trict, state, regional or federal, Emergency Management or- ganizations. (h) Marshaling of all necessary personnel, equipment or supplies from any department of the County to aid in the carrying out of the provisions of the emergency management plan. (i) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the cities located in Calhoun County for the county -wide coordination of Emergency Management efforts. (k) Authorizing of agreements, after approval by the County Attorney, for use of private property for public shelter and other purposes. (1) Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein. (m) Other requirements as specified in Texas Disaster Act 1979 (V.T.C.S. Article 6889-7). Section 3. EMERGENCY MANAGEMENT PLAN • A comprehensive Emergency Management Plan shall be developed and main- tained in a current state. The plan shall set forth the form of the organization, establish and designate divisions and functions, assign responsibilities, tasks, duties, and powers, and designate officers and employees to carry out the provisions of this order. As provided by state law, the plan shall follow the standards and criteria estab- lished by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Divi- sion of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times.. The emergency management plan shall be con- sidered supplementary to this order and have the effect of law during the time of a disaster. is Section 4. INTERJORISDICTIONAL PROGRAM The County Judge is hereby authorized to join with the mayors of the cities in Calhoun County in the formation of an Emergency Management Council for the County of Calhoun and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a county -wide program of emergency management insofar as said program may affect the County of Calhoun. 41 09 • Section 5. OVERRIDE At all times when the orders, rules, and regulations made and promul- gated pursuant to this order shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. Section 6. LIABILITY This order is an exercise by the County of its governmental functions for the protection of the public peace, health, and safety and neither the County of Calhoun, the agents and representatives of said County, nor any individual, receiver, firm, partnership, corporation, associa- tion, or trustee, nor any of the agents thereof, in good faith carrying out complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this order shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the County of Calhoun a license of privilege, or otherwise permits the County to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made dis- • aster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. Section 7. COMMITMENT OF FUNDS No person shall have the right to expend any public funds of the County in carrying out any Emergency Management activity authorized by this order without prior approval by the Commissioners Court, nor shall any person have any right to bind the County by contract, agree- ment or otherwise without prior and specific approval of the Com- missioners Court unless during a declared disaster. During a declared disaster, the County Judge may expend and/or commit public funds of the County when deemed prudent and necessary for the protection of health, life, or property. Section B. OFFENSES; PENALTIES It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Management organization in the en- forcement of any rule or regulation ussued pursuant to this order, or to do any act forbidden by any rule or regulation ussued pursuant to the authority contained in this order. It shall likewise be unlawful for any person to wear, carry or dis- • play any emblem, insignia or any other means of identification as a member of the Emergency. Management organization of the County of Cal- houn, unless authority to do so has been granted to such person by the proper officials. 42 Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this order and shall be subject to • the penalties imposed by this order. Convictions for violations of the provisions of this order shall be punishable by fine not to exceed Two Hundred Dollars ($200.00). Section 9. SEVERABILITY If any portion of this order shall, for any reason, be declared in- valid, such invalidity shall not affect the reamining provisions thereof. • • Section 10. LIMITATIONS This order shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regula- tion. Section 11. REPEALER All orders, parts of orders, or resolutions in conflict herewith are expressly repealed. READ AND APPROVED ON this the 19tk day of 19Y. l--\ .C� „uuye Aje -r(. Hernandez Calhoun qounty, Texas Stanley M%k9la� Commissioner Pct. 2 Calhoun dBount�y, Texas Oscar Mahn, Commissioner Pct. 4 Calhoun County, Texas ATTEST: n� Mary U)is McMahan, County Clerk Calhoun County, Texas 43 Leroy Be}k,'Commissioner Pct. 1 Calhoun County, Texas Roy Srry>Vth, Commissioner Pct. 3 Calhoun County, Texas Ao i ASSURANCE OF COMPLIANCE WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY • Regulations under Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and the Rehabilitation Act of 1973. 1. Identification of Applicant Political Subdivision (hereinafter called "Applicant") County of Calhoun 2. County 3. State Calhoun Texas HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88- 352), all requirements imposed by or pursuant to the requirements of FEMA, 44 CFR Part 7, NONDISCRIMINATION IN FEDERALLY -ASSISTED PROGRAMS (FEMA REG. 5), in accordance with Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the bene- fits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Federal Emergency Man- agement Agency, (herein called FEMA); and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any personal property or real property, or interest therein, or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Appli- cant by FEMA, or if such assistance is in the form of personal property or real property, interest or therein or structure thereon, then this assurance shall obligate the Appli- cant or in the case of any transfer of such property, any transferee, for the period dur- ing which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of Fiuiilar services or bene- fits, or for the period during which it retains ownership or possession of the property whichever is longer. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by FEMA. THIS ASSURANCE is given in consideration of and for the purpose of obtaining and/or re- taining any and all Federal grants, loans, contracts, property, discounts or other Fed- eral financial assistance extended after the date hereof to the Applicant by FEMA, in- cluding installment payments after such date on account of arrangements for Federal fi- nancial assistance with were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the repre- sentations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant. 4. Date 5. Applicant County of Calhoun 6. By (name, title and signature of authorized official) Alex R. Hernandez, County Judge • • M • • MAGNOLIA BEACH WASTE WATER PROJECT - GRANT APPLICATION PHASE II, GOLDEN CRESCENT REGIONAL PLANNING COMMISSION Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that Golden Crescent Regional Planning Commission be retained to prepare the application of Phase: II of the Magnolia Beach Project. APPROVAL OF MINUTES Minutes of meetings held by the Commissioners' Court on May 12th, May 13th, June 12th, June 16th, June 27th, July loth, July 12th and July 13th thru pg. 163 were read, whereupon.a motion was made by Commissioner Smith, seconded by Commissioner Hahn, and carried, that said minutes be approved as read. ACCOUNTS ALLOWED - COUNTY Claims totalling $35,245.05 were and after reading and verifying Commissioner Smith, seconded by that said claims be approved. ACCOUNTS ALLOWED - HOSPITAL presented by the County Auditor same, a motion was made by Commissioner Hahn, and carried, Claims totalling $208,424.79 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Hahn, seconded by Commissioner Belk, and carried, that said claims be approved. CLOSED SESSION - PERSONNEL MATTER The Court being in open session in compliance with the pertinent provisions of Sec. 2g of Art. 6252-17 of Texas Civil Statutes, the County Judge as presiding officer publicly announced that a closed session would now be held under the provisions of Sec. 2g of said Art. 6252-17 for the purpose of discussing personnel matters. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject mat- ter of said closed session, this meeting will be reopened to the public. The Court then went into closed session. At the end of the closed session the meeting was reopened to the public but no final action, decision or vote with regard to any matter considered in the closed meeting was taken. THE COURT ADJOURNED. SPECIAL AUGUST TERM THE STATE OF TEXAS X COUNTY OF CALHOUN X HELD AUGUST 25, 1989 BE IT REMEMBERED, that on this the 25th day of August, A. D. 1989 • there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct.4 County Clerk whereupon the following proceedings were had: BUDGET WORK SESSION== CuILD WELFARE BOARD Linda Ward and Larry Peyton, and other.members of the steering committee of the Child Welfare Board met with the Court to re- quest that the Commissioners' Court approve a Child Welfare Board and asked that it be funded in the 1990 County Budget. Mrs. Ward also asked the Court to name a Board consisting of 7 - 15 members. A motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried, that $4,000.00 be added to the 1990 Budget for a Child Welfare Board. BUDGET WORK SESSION A motion was made by Judge Hernandez, seconded by Commissioner Mikula, and carried, that two (2) additional deputies be added to the Sheriff Department. Voting No - Commissioners Belk and Smith Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that salaries be increased 3% across the bDard for all county employees. Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that utilities,be increased for the Port O'Connor Library in the amount of $2,000.00 (line item 15-510440-78) Motion by Commissioner Smith, seconded by Commissioner Belk, and carried, that travel reimbursement be increased for the Veterans' Service Office to $500.00. Motion by Judge Hernandez that the salary of County Court at Law No. 1 Judge Fricke be increased commensurate with the salary of the Criminal Dist. Attorney. Motion died for lack of a second. • • DRAINAGE DISTRICT NO. 6 - COMMISSIONERS Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that Larry Marek, Chairman, George Samuel Elder and Key Schwarting be reappointed as Commissioners for two year terms. • TAXES - REALLOCATION Motion by Judge Hernandez, seconded by Commissioner Belk, that 20 be reallocated from the Road & Bridge Fund to the General Fund. Voting No - Commissioners Smith, Mikula and Hahn TAXES - REALLOCATION Motion by Commissioner Mikula, seconded carried, that lq be reallocated from the the General Fund THE COURT ADJOURNED. by Commissioner Smith, and Road & Bridge Fund to • SPECIAL AUGUST TERM HELD AUGUST 31, 1989 • THE STATE OF TEXAS X X COUNTY OF CALHOUN X BE IT REMEMBERED, that on this the 31st day of August, A. D. 1989, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, towit: Alex R. Hernandez County Judge Leroy Belk Commissioner, Prct. 1 (Absent) Stanley Mikula Commissioner, Prct. 2 Roy Smith Commissioner, Prct. 3 Oscar F. Hahn Commissioner, Prct. 4 Mary Lois McMahan County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - AMBULANCE EQUIPMENT INSURANCE Motion by Commissioner Smith, seconded by Commissioner Mikula, and carried, that the County Auditor be authorized to advertise for bids for ambulance equipment insurance with bids to be opened November 13, 1989. TELEPHONE - LONG DISTANCE CARRIER A representative of MCI met with the Court to answer questions concerning MCI's billing-procedure,if the County changes to MCI. The Court was concerned since they had received conflicting reports but the representative answered the questions to the Court's satisfaction. A motion was made Judge Hernandez, seconded by Commissioner Smith, • and carried, that Calhoun County switch over to MCI as the long distance carrier for-Calhdun County. CLOSED SESSION - CONFER WITH ATTORNEY The Court being in open session in compliance with the pertinent provisions of Sec. 3A of Art. 6252-17 of Texas Civil Statutes, the County Judge as presiding officer publicly announced that a closed session would now be held under the provisions of Sec. 2e of said Art. 6252-17 for the purpose of conferring with the County's attorney. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said closed session, this meeting will be reopened to the public. The Court then went into closed session. At the end of the closed session the meeting was reopened to the public but no final action, • decision or vote with regard to any matter considered in the closed meeting was taken. ACCOUNTS ALLOWED - COUNTY Claims totalling $166,864.03 were presented by the County Auditor and after reading and verifying same, a motion was made by Commis- sioner Mikula., seconded by Commissioner Hahn, and carried, that said claims be approved. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $107,179.73 were presented by the County Auditor and after reading and verifying same, a motion was made by Commis- sioner Hahn, seconded by Commissioner Smith, and carried, that said claims be approved. 0 NOTICE OF EFFECTIVE TAX RATE 1989 Property Tax Rates in CALHOUN COUNTY This notice concerns 1989 property tax rates for Calhoun County. It presents information about three tax rates. Last year's tax rate is the actual rate the county used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the county can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last year's operating taxes + Last year's debt taxes Last year's total taxes Last year's tax base Last year's total tax rate This year's effective tax rate: Last year's adjusted taxes (after subtracting taxes on lost property) This year's adjusted tax base (after subtracting taxes on new property) This year's effective tax rate for each fund This year's total effective tax rate Sales tax adjustment Effective tax rate x 1.03 = maximum rate unless unit publishes notices and holds hearing This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property) This year's adjusted tax base = This year's effective operating rate x 1.06 = This year's maximum operating rate This year's debt rate This year's rollback rate for each fund This year's total rollback rate Sales tax adjustment rate = Rollback tax rate Farm -to -Market General /Flood control Fund Fund 3,349,035 $_ 475,B07 $ 0 $ 0 $ 3,349,035 $ 475.807 $ 1,S94,779,039 $1 586,02S,081 $ .21/$100 $ .03/$100 $ 3,343,695 $ 474,972 $ 1,633,123,513 $1 624,520,656 $ .204742/$100 $ .029237/$100 $ .233979/$100 $ .026834/$100 $_ .207145/$100 $ .213359/$100 $_ 3,343,695 $ 474,972 $ 1,633,123,513 $1,624,520,656 $ .204742/$100 $ .029237/$100 $_ .221121/$100 $ .031S7S/$100 $ 0/$100 $_ 0/$100 $ .221121/$100 $ .03157S/$100 $_ .252696/$100 $ _.026834/$100 .225862/$100 CALHGUN COUNTY SCHEDULE A: Unencumbered Fund Balances The following balances will probably be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General Fund: Maintenance & Operation $4,670,000 Farm -to -Market: Maintenance & Operation 400,000 SCHEDULE B: 1989 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or Description Contract Payment Interest Other Amounts Total of Debt to be Paid to be Paid to be Paid Payment n/a Total required for 1989 debt service Amount (if any) paid from funds listed in Schedule A Excess collections last year Total to be paid from taxes in 1989 + Amount added in anticipation that the unit will collect only n/a2 of its taxes in 1989 Total Debt Service Levy SCHEDULE C: Expected Revenue from Additional Sales Tax (For counties and cities with additional 1/2 cent sales tax). In calculating its effective and rollback tax rates, the unit estimated that it will receive $445,211 in additional sales and use tax revenues. This notice contains a summary of actual effective and rollback tax rate calculations. You can inspect a copy of the full calculations at the Calhoun County Appraisal District, 426 West Main Street, Port Lavaca, Texas. Nome of person preparing this notice A. K. Monroe Title Tax Assessor -Collector Date prepared August 23. 1989 • r_1 L • THE COURT RECESSED UNTIL 3:00 P. M. AUGUST 25, 1989, 3:00 P. M. SALARIES - JUDGES Commissioner Belk Absent County Court at Law No. 1 Judge Fricke met with the Court to dis- cuss the possibility of increasing his salary to the same as the •salary of the Criminal District Attorney which is $76,309.00. Judge Fricke requested that the increase be effective Jan. 1, 1990. Speaking to the Court in favor of the increase of Judge Fricke's salary was David Roberts, Attorney; Larry Dio, Attorney; Dan Heard, Attorney; Tom Garner, Attorney; and Melbourn Shillings. • Marlene Paul, Justice of the Peace Prct. 1 also discussed the possibility of increasing the salaries of the Justices of the Peace. A motion was made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that at the September 11, 1989 meeting of the Commissioners' Court that the Court review the salaries of the County Court at Law Judge, County Judge and Justices of the Peace. THE COURT ADJOURNED. REGULAR SEPTEMBER TERM THE STATE OF TEXAS COUNTY OF CALHOUN X HELD SEPTEMBER 11, 1989 BE IT REMEMBERED, that on this the llth day of September, A. D. 1989, there was begun and holden at the 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, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk • whereupon the following proceedings were had: PUBLIC HEARING - 1990 BUDGETS, CALHOUN COUNTY, MEMORIAL MEDICAL CENTER AND SANITARY LANDFILL A public hearing was held and the following items were discussed: Crime Victims Assistance Program - Sherry Geizentanner asked that the program be funded in the amount of $27,185.00. No action was taken. Salary - County Court at Law Judge - Speaking for an increase for the County Court at.Law Judge were the following persons: Danny Gdmm, Leslie Sanders, Wiley Morgan, Bobby Clegg, Charles Hood, Dick Traylor, Sue Traylor, Dan Heard, Fay Sterling, Linda Ward, Jack Traylor and Tom Garner, whereuppn a motion was made by Commissioner Mikula, seconded by Commissioner Smith, that the salary of the County Court at Law Judge be increased to $65,585.00 including Juvenile Salary. Voting No.- Commissioners Belk;and Hahn. A motion was then made by Commissioner Hahn, seconded by Commissioner Belk, that the salary of the County Court at Law Judge be increased $5,000.00 plus benefits. Voting No - Commissioners Mikula and Smith. A motion.was made by Commissioner Mikula that the salary of the County Court at Law Judge be increased $8,000.00 plus benefits. Motion died for lack of a second. A motion was made by Commissioner Smith, seconded by Commissioner Mikula, that the salary of the County Court at Law Judge be increased $7,500.00 plus benefits. Voting No - Commissioners Belk and Hahn. A motion was made by Commissioner Mikula, seconded by Commissioner Smith, that the salary of the County Court at Law Judge be increased $7,000.00 plus benefits. Voting No - Commissioners Belk and Hahn. Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the salary of the County Court at Law Judge be increased $6,500.00 plus benefits. (Judge Hernandez turned the Salary of the County=Judge Mikula, that the salary of $4,000.00 plus benefits to lack of a second. meeting over to Judge Pro-Tem) - Motion by Commissioner the County Judge be increased $44,692.00. Motion dies for Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the salary of the County Judge be increased $3,000.00 plus benefits. Health Department Clerk - Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the 1990 Budget be increased $3,847.00. Salaries of the Justices of the Peace - Motion by Judge Hernandez, seconded by Commissioner Belk, and carried, that the salaries of the Justices of the Peace be in- creased as follows: J. P. #1 $1,744.00; J. P. #2, $1,868.00 and J. P. #3 $1,672.00 - plus benefits. • �J C G•L Criminal District Attorney - no action was taken on the request for additional Asst. Criminal D/A, Investigator, office equipment and furniture. Calhoun County Arts Council - no action taken on request for $4,265.00. A motion was made by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the 1990 Budgets for Calhoun County, • Memorial Medical Center and Sanitary Landfill be approved. PUBLIC HEARING - AMENDMENT'S TO 1989 BUDGET A public hearing was held on amendments to the 1989 Budget whereupon a motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried, that said amendments be approved: 09/12/89 ACCOUNT N DESCRIPTION 15 315333 23 HEALTH DEPT.-STATE CRANT DEPARTMENT TOTAL 315 15 403433 44 INSURATICE-ERRORS & OMISSIONS DEPARTMENT TOTAL 403 406353 0 RADIO REPAIR PARTS 15 406410 0 TRAINING SCHOOLS 15 406420 0 TELEPHONE 15 406451 0 RADIO MAINTENANCE 15 406575 1 EQUIPMENT-1/2 COST OF MONITOR DEPARTMENT TOTAL 406 15 427109 0 TEMPORARY EMPLOYEES-BALIFF 15 427201 0 SOCIAL SECURITY 15 427204 0 WORKMEN'S COMP. INS. 15 427206 0 UNEMPLOYMENT INS. 15 427310 0 OFFICE SUPPLIES 15 427413 0 COURT -APPOINTED ATfORi,1EYS �S 427425 0 TRAVEL REIMBURSEPIENIS DEPARTMENT TOTAL 427 IS 430413 0 COURT APPOINTED ATTORNEY DEPARTMENT TOTAL 430 15 435413 0 COURT APPOINTED ATTORNEY 15 435416 fj SPECIAL COURT REPORTER 15 435425 32 TRVL REIMB CRT RPTR-SPECIAL 15 435485 12 CONfRBNT.EAPNS.DIST.CRT.BAILIF DEPARTMENT TOTAL 435 THE COUNTY OF CALHOUN PAGE 1 EUDG'ET AMENDMENTS SEPTEMBER 11, 1989 CURRENT BUDGET BUDGET AMENDMENT PROPOSED BUDGET 0.00 4292.00- 4292.00- REVENUE 0.00 4292.00- 4292.00- 1800.00 33.00 1833.00 COUNTY CLERK 1800.00 33.00 1833.00 3W.00 157.00 457.00 EMERGENCY MANAGEMENT 400.00 150.00- 2ed1.00 EMERGENCY MANAGEMENT 900.00 1200.00 2100.00 EMERGENCY MANAGEENT 0.00 300.00 300.00 EMERGENCY MANAGEMENT 0.00 190.00 150.00 EMERGENCY MANAGEMENT 1600.00 1657.00 3257.00 2400.00 1200.00 3600.00 COUNTY COURT -AT -LAN 6040.00 91.00 &131.00 COUNTY COURT -AT -LAW 2%.00 4.00 300.00 COUNTY COURT -AT -LAW 223.00 2.00 230.00 COUNTY COURT -AT -LAW 1013.00 600.00 1613.00 COUNTY COURT -AT -LAN 01000.00 4200.00 12200.00 COUNTY COURT -AT -LAW 750.00 500.00 1250.00 COUNTY COURT -AT -LAW 18727.00 6597.00 2G324.00 3355.00 2645.00 6500.00 JUVENILE COURT ?O55.00 2645.00 6500.00 21500.00 23000.00 44500.00 DISTRICT COURT 1500.00 4085.00 5535.00 DISTRICT COURT 400.00 125.00 525.00 DISTRICT COURT 4 22 0. 00 4.5.Cn3 4266.00 DISTRICT COURf 2762n.00 27256.Oti 54"A.00 �r 09/12/89 ACCOUNT # DESCRIPTILIN 15 450488 44 INSURANCE -ERRORS u OI1lSSIONS. DEPARTMENT TOTAL 450 15 45�i104 0 WORKMENS COMP. INS. i5 45:413 0 COURT -APPOINTED ATTORNEYS 1: 455421 8 POSTAGE -PRECINCT #2 15 4_.5426 8 IM COUNTY TRAVEL-PCT #2 15 455450 8 MAC:HINE MAINTENANCE-PCT 2 15 455571 8 OFFICE EOUIPMT-PCT 2-TYPFNRTR DEPARTMENT TOTAL 455 15 490111 0 ELECTIOiJ JUDGES & CLERKS 15 490310 0 OFFICE SUPPLIES I:i 400395 0 MISCELLANEOUS 15 4904E.1 0 BUILDING USE DEPARTi•1EMT TOTAL 490 15 510440 78 UTILITIES-PT.O'CONNCR LIBRARY DEPARTMENT TOTAL 510 15 570455 2 CONTRACT EXPENSE -JUVENILE DEPARTMENT TOTAL 570 LS 555109 0 TEMPORARY EMPLOYEES 15 58: 201 0 SOCIAL SECURITY IS 585204 0 WORKMEN, COMP. INS. 15 %5206 0 UNEjIPLOYMENT INSURANCE DEPARTMENT TOTAL 585 15 589410 0 iRAINIMG SCHOOLS 15 539575 1 EOUIPMENT-1!2 COST OF MONITOR • THE COUNTY OF CALHOUN PAGE 2 BUDGET AMENDMENT, SEPTEMBER 11, 1989 CURRENT BUDGET BUDGET ANEWIEHT PROPOSED BUDGET 1800.00 105.0l1 1905.00 DISTRICT CLERK 1800.00 105.00 1905.00 154.00 30.00 184.00 JUSTICE OF PEACE 0.00 _i90.00 390.00 JUST ICE OF PEACE 528.00 400.00- 128.00 JUSTICE OF PEACE 350.00 285,00- 65.00 JUSTICE OF PEACE 250.00 100.00- 150.00 JUSTICE OF PEACE 0. CIO 785.00 785.00 JUSTICE OF PEACE 1282.00 420.00 1702.00 3865.00 5200,00 9065.00 ELECTIONS • I00.00 400.00 500.00 ELECTIONS 6635.00 4000.00 10635,00 ELECTIONS 240.00 160.00 400.00 ELECTIONS 10840.00 9760.00 20600.GO 0.00 1000.00 IOOO-00 BUILDING DEPARTMENT 0.00 1000.00 1000.00 21050.00 2260.U0 23310.00 PROBATION DEPARTMENT 21050.0U 60.00 23,310.00 3750.00 650.00 4400.00 HIGHWAY PATROL DEPARTMENT 284.00 49.00 331,00 HIGHWAY PATROL DEPARTMENT 1.3.00 2.00 15.00 HIGHWAY PATROL DEPARTMENT 75.00 1.00 76.00 HIGHWAY PATROL DEPARTMENT • 4122.00 702.00 4824,00 300.GO 150.00- 150.00 BUILDING INSPECTION DEPARTMENT 0.00 150.00 150.00 BUILDING INSPECTION) DEPARTMENT o2/a. 09112/89 THE COUNTY OF CALHOUJ PAGE 1 BUDGET AMENDMENTS SEPTEMBER 11, 1989 ACCOUNT N DESCRIPTION CURRENT BUDGET BUDGET AMENDMENT PROPOSED BUDGET DEPARTMENT TOTAL 589 300,00 0.00 300.00 15 635105 0 ASSTSXLERKS/SECY3 0.00 3432.00 34:32.00 COUNTY HEALTH DEPART ENT IS 635201 0 SOCIAL SECURITY 5519.00 264.00 5783.00 COUNTY HEALTH DEPARTt'iENT 15 635202 0 MEDDCAL INSURANCE 12869.00 1558.00 14367.00 COUNTY HEALTH DEPARTMEr • 15 635203 0 RETIREMENT 4931.00 258.00 5189.00 COUNTY HEALTH DEPARTMENT 15 635204 0 WORKMENS COMP. INS, 3445.00 46.00 3491,00 COUNTY HEALTH DEFARTMENT 15 635206 0 UNEMPLOYMENT INSURANCE 696.00 17.00 713.00 COUNTY HEALTH DEPARTMENT 15 635420 0 TELEPHONE 3450.00 614.00 4064.00 COUNTY HEALTH DEPARTMENT DEPARTMENT TOTAL 635 308'iO.00 6139.00 37039.00 15 655425 0 TRAVEL REIMBURSEMENT 450.00 450.00- 0.00 MUESUM DEPARTMENT 15 655495 0 MISCELLANEOUS 300.00 107.00- 193.00 MUESLPI DEPARTMENT 15 655572 0 FURNITUR'E-NEWSPAPER FILE CAB, 0.00 557.00 557.00 MUESUM DEPARTMENT DEPARTMENT TOTAL 655 750.00 0.00 750.00 15 695495 0 MISCELLANEOUS 415000.00 54332.00- 360668,00 CONTINGENCIES DEPARTMENT TOTAL 695 419000.00 54332.00- 360668.00 TOTALS FOR FUND 15 539596.00 0.00 539596.00 TOTALS FOR FUND I6 0.00 0.00 0.00 TOTALS FOR FUND 17 0,00 0.00 0.00 • TOTALS FOR FUND 19 0.00 0.00 0.00 TOTALS FOR FUND 20 0.00 0,00 0.00 • 0213 09/12/89 ACCOUK # DESCRIPTION 21 761109 0 TEMPORARY EMPLOYEES 21 701201 0 SOCIAL SECURITY 21 701204 0 WORKMENS COMP. INS. 21 701106 0 UNEMPLOYMENT INSURANCE 2t 701339 0 ROAD AND BRIDGE SUPPLIES 21 701357 Q SUPPLIES SIGNSI 21 701453 0 REPAIRS -EQUIPMENT DEPARTMENT TOTAL 701 TOTALS FOR FUND 21 THE COUNTY OF CALHOW BUDGET AMENDMENTS PAGE S SEPTEMBER It, 19B9 CURRENT BUDGET BUDGET AMENDMENT PROPOSED BUDGET 14000.00 1069.00- 12931.00 ROAD & BRIDGE-PRECIHCT #1 BE.22.00 451,00 9073.00 ROAD & BRIDGE -PRECINCT #1 120S1.00 612.00 126.93.00 ROAD & BRIDGE -PRECINCT #1 122B.00 6.00 1234.00 ROAD & BRICGE-PRECINCT #1 140695.00 11000.00- 129695.00 ROAD & BRIDGE -PRECINCT #1 4000.00 2000.00 6000.00 ROAD & BRIDGE -PRECINCT #1 8000.00 9000.00 17000.00 ROAD & BRIDGE -PRECINCT #1 189E-26.00 0.00 138626.CG 188626.00 0.00 189626.00 • �J - 09/12/89 ACCOUNT M DESCRIPTION! 22 702106 0 MAINTENANCE EHIPLOYEES 22 702570 0 MACHINERY/EQUIPMENT DEPARTMENT TOTAL TOTALS FOR FUND TOTALS FOR FUND C • • THE COUNTY OF CALHOUN PAGE 5 BUDGET AMENDMENTS SEPTEMBER 11, 19&9 CURRENT BUDGET BUDGET ANENCPIENT PROPOSED BUDGET 95965.00 4000.00- 91965.00 ROAD 1< BRIDGE-FF,EC:NCT k2 23500.00 4000,00 27500.00 ROAD G BRMCE-PRECINCT 42 702 119465.00 0.00 119465.00 22 119465.00 0.00 110465.00 23 0.00 0.00 0.00 .z/7 09/12/89 ACCOUNT # DESC:RIPTION 24 704339 0 RCAD(BRIOGE MATERIALS 24 704421 0 POSTAGE DEPARTMENT TOTAL 704 24 714445 0 STORAGE: WAREHOUSE CHARGES DEPARTMENT TOTAL 714 TOTALS FOR FUND 24 TOTALS FOR FUND 25 TOTALS FOR FUND 26 TOTALS FOR FUND 27 TOTALS FOR FUND 31 TOTALS FOR FUND 32 TOTALS FOR FUU1D TOTALS FOR FUND 34 TOTALS FOR FUND 39 TOTALS FOR FUND 41 TOTALS FOR FUND 42 TOTALS FOR FUND 43 TOTALS FOR FUND 44 TOTAL" FOR FUND 45 THE COUNTY OF CALHOUN PAGE 6 BUDGET AMENDMENTS SEPIEMDER 11, 1989 CURRENT BUDGET BUDGET AMENDMENT PROPOSED BUDGET 252564.00 1055.00- 251509.00 ROAD & BRIDGE -PRECINCT #4 50.00 20.00 70.00 ROAD & BRIDGE -PRECINCT #4 251614.00 1035.00- 251579.00 0.00 1035.00 1035.00 USDA COMMODITIES PROGRAM 0.00 1035.00 1035.00 252614.00 0.00 252614.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.06 0.00 (1.00 0.O0 0.06 0.00 0.00 0.00 0.00 0.00 O.Ot) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 • 11 • 09112M THE COUNTY OF CALHOUN FACE 7 BUDGET AMENDMENTS SEPTEMBER 11, 1989 ACCOUNT # DESCRIPTION CURRENT BUDGET BUDGET AMENDMENT PROPOSED BUDGET 46 746064 1 H.FAIR TRAM.-CAP.PROJ.NEW LIBR O.00 500.00 500.00 TRANS.TO WIC MEMORIAL FUND DEPARTMENT TOTAL 746 0.00 500.00 500.00 TOTALS FOR FUND 46 0.00 500.00 500.00 art 09/12/89 ACCOUNT # DESCRIPTION 47 748064 0 TRANS.TO CAP.PROJ.-WEW LIBRARY DEPARTMENT TOTAL 748 10TALS FOR FUND 47 THE COUNTY OF CALHOUN PACE 8 BUDGET WVI)MEWTS SEPTEMBER 11, 1989 CURRENT BUDCET BUDGET AMENS ENT PROPOSED BUDCEI 0.00 6974.00 6974.00 FUNDS FROM OTHER SOURCES 0.00 6974.00 6974.00 0.00 6974.00 6974.00 • • .. w • • • 09/12/89 THE COU111Y OF CALHOUN BUDGET ANDIDMENTS SEPTEMBER 11, 1909 ACCOUNT 4 DESCRIPTION CURRENT BUDGET BUDGET AMENDMENT PROPOSED BUDOET 48 648064 0 TRANS.TO CAP.PROJ.-MEW LIBRARY 0.00 3077.00 3077.00 CALENDAR FUJD DEPARTMENT TOTAL 64' d.00 3077.00 3077.00 TOTALS FOR FUND 48 0.00 3077.00 3077.00 TOTALS FOR FUND 49 0.00 0.00 0.00 TOTALS FOR FUND 50 0.00 0.00 0.00 TOTALS FOR FUND 51 U,00 0.00 0.00 TOTALS FOR FUND 52 0.00 0.00 0.00 TOTALS FOR FUND :a 0.00 0.00 0.00 TOTALS FOR FUND 54 0.00 0.00 0.00 TOTALS FOR FUND 55 A,00 0.00 0.00 TOTALS FOR FLPJD 63 0.00 0.00 0.00 FA_-,E 9 C2Iq 09/12/89 THE COUNTY OF C:ALHOUN BUDGET AMENDMENTS SEPTEMBER 11, 1989 ACCOUNT # DESC:RIPTION CURRENT BUDGET BUDGET MENDMENT PROPOSED BUDGET 64 :364367 •99 PUB.CGNTRIB.-FRIENDS LIBRARY 410000.00- 10551.00 399449.00- REVENUE 64 364390 46 TRANS.FROi•i DONATIONS FD-H.FAIR 0.60 500.00- 500,00- REVENUE 64 364390 47 TRAN5.FRON SESO.COHN.FUND 0.00 6974.00- 6974.00- REVENUE 64 364390 48 TRANS.FROM CALENDAR FUND 0.06 3077.00- 3077,00- REVENUE DEPARTMENT TOTAL 364 410000.00- 0.00 410000.00- TOTALS FOR MID 64 410000.00- 0.W 41 (100. 00- TOTALS FOR FUND 65 0.00 0.00 0.00 TOTALS FOR FUND 66 0.00 0.00 0.00 TOTALS FOR FUND 67 0.00 0.00 0.00 TO'CALS FOR FUND 71 0.00 0.00 0.00 TOTALS FOR FUND 80 0.00 _ 0.00 0.00 TOTALS FOR FUND 81 0.00 0.00 -0.00 GRAND TOTAL 690301.00 10551.00 700352.00 PAGE 10 • m • WASTE WATER TREATMENT PLANT, MAGNOLIA BEACH, PHASE II, APPLICATION TO TEXAS COMMUNITY DEVELOPMENT PROGRAM Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the County make application and seek monies from the Texas Community Development Program and authorize the County Judge to sign necessary papers. APPLICATION FOR TCDP ASSISTANCE I " W wa.wv Aod•c anw M*Wcwv~ (gnll,uclion ❑ C( W'Ixlw No+-Cm+.nl:e � ❑ Iwr.cmw+A y. logo Iu,IIa, Calhoun County AIIW,a I" C,M. CC.Muy. Stew. M10 1,0 COOat 211 S. Ann Port Lavaca, Texas 77979 PART 1 /. (V fl tlia..,tTtID A(Q(y1r Cloud A. 1. "Tt ACCrmo h t11n 1 Su AOO•CaIC.+ �. .. OATt aaconID n rtwALL AotMCT � Aa1..M u.nAAw L 11APLOM 111t1C "TION MVYata I11Mt L TYPE Of A IC ATIOR M R.Ntwn, MIM xmp w ww(l) Al IDotla4 A Irlcraaw A.MO 8 OMIuLi o AMMO C k, ,@,f1 DValOn • D DI'V1859 owjo oln. Iaoauht Ia u�AKTAMoollatTlg 1 4 Ja 2 2 i TTTLETexas Community Development Progral IL Aft" AFFW= By IMI AIDT ft,"& ta.waaA afawa ,,tl orwurb" Unt: O"S AP ..l MO g,.._, NM.V 4MO I tiI11CV. 01 IhC pC,bl b W W+I.CI.O On mIIIM1 n.OI•uq Th1 a0p.ulnn Prva MM CBWI Commissioner Leroy Belk (512) 552-9242 T. r"'I o/ APPLC MT: wnW aoaeo-r40 NIMM AT W.) IJ A SIMB N t10a0a,+onl sCMIDM DNL a favME t' Sum Cwt,a0.0 Ynf wwi o Mig, or Lawr v C TAM" J RAOw vf..fa'av D rIDMrlolo K V~ T, E avfnala L. rdM E YllarrrMMl.Crpl Y Non or; n t O Splaw 0I N OVr IS0w1Tl L MAW a rtlttALL AOtMCY. Texas Department of Com 11. OUCAWn" "rLA OF AI.LrAM" A IICT: 1989 Texas Community Development Program Water & Sewer Facilities Improvements in the Magnolia Beach area of Calhoun County. Magnolia Beach, Calhoun County, Texas I r3190Slav Daw IN" DMa a. AID WAM 3/92 14th E14th It. 1[T11,ATIM IVMgM,t IL M 11"I.XITI°N aV6,tCt Mr1[w,M M [TAT[ 9"CVIn1 wool hate rllot[aa1 a PaOaraT t .0p a TES rf/f ONEAV.II ATIOWAPPLICAT1ON WAS WADE AVAA.ASLE TO '1E STATE ExECIRM OA061 122r2 PROCESS WM REVIEW ON ° AO°Can1 t 25,000.00 J0 oATE 9/28/89 Golden Crescent Regional Planning Commission Board of Directors & GC Regional [ sww t 250, 000.00 -0o ► NO ❑ PRiOGiIAy 6 NOT COVERED C+ E O 122r2 Review Committee 0 Lt cr I m Cal PROGAA MAS NOT KEN SELECTED h STATE FOR REVIEW .00 I P.IDgram IrICyrN i 00 11. f Rf AINICJ NLA.q W OM A,n rI WAAL D[m g rorAa t .� ❑ Tr [ tiK • Vi W VI® In 275,000.00 [AEle-x t It IT W 4' .MOMLtWt AMg Ittltr LLL "?A IN THIN AlrI,GTIOM as WaL1GTIOM "I T" AMID MAAIct. Mt IDOCIMI(Mr tl42 mt. ID V IPtD Ircor[AMMO tgOY OI PMI U.LKAM AMp Mt AMLICA/fT MRL [()YrtT M'fTM M[ ATTAC.tD ALNM.CIt iI tot AifrtTAMCI 't A...ae 4600 Nam1 OI AurNp�IrQ P.Iwn11IT.Iw R. HernandezCount Jude (512 553- s•g�nwe or AulnbI14 RIgIMn1A4•. • Dn. 5'IDM4 9/11/89 .'v.OVI e4•Iml �a ..utr. 1 FOld4 424 ( REV -4-88( a ?'Z/ • PART III PROJECT NARRATIVE A. COMMUNITY NEEDS ASSESSMENT The 1983 amendments to the Housing and Community Development Act require that each recipient of funds under Title I of the legislation prepare a statement of local housing and community development needs. Completion of the form below satisfies this requirement and must be filled out.by all applicants. COMMUNITY DEVELOPMENT AND HOUSING NEEDS IDENTIFIED BY LOCAL PRIORITY • (Include all of the local priority community development and housing needs and not just the needs addressed in the application.) Calhoun County has identified wastewater improvements in the Magnolia Beach area as the number one priority. This determination was made through a series of public hearings as well as from the current Urgent Need project that is progressing in the Magnolia Beach area, The current project will provide immediate wastewater treatment facilities for untreated effluents that contaminate ground water and surface waters. Also, the project will secure assistance in providing adequate water supply to rural areas. Other needs identified by the County are assistance to low income families in rural areas for housing rehabilitation and the provision of affordable housing for young families and for the elderly. NEEDS ADDRESSED N THIS APPLICATION The proposed wastewater improvements application will complete the needs in the Magnolia Beach area. The current Urgent Need project only served part of the Magnolia Beach area. This 1989 Texas Community Development Program application will be used to eliminate the threat to • public health and safety by the development of wastewater systems to the remainder of the Magnolia Beach area. The need that is described in the Project Summary represents a substantial problem that cannot be solved any other way except by utilizing grant funds. A total of 183 persons, of which 110 are low/moderate income, will benefit from this project. NEEDS DETERMINED BY: DATE OF ASSESSMENT: 1) PUBLIC HEARING _� 8/31/89 s 9/7/89 2) COMMUNITY SURVEY X 8/29189 3) EXISTING STUDIES 4) OTHER �, 8 • PROJECT SUMMARY PAGE 1 In the space provided below, provide a description which answers the general questions, listed under Section I on Page 11, for each project activity included in the application. Please review "PROJECT SUMMARY - PAGE 1", on Page 9 of the Application Guide for further instructions. 1) Why is the applicant addressing this particular need? Calhoun County is submitting a Texas Community Development Program application under the Community Development Fund, to resolve a problem that is an immediate threat to the health and safety of residents of the community of Magnolia Beach. The needs addressed are the most urgent concern of the County; given the present threat to the health and safety of the residents of the area, the • problems need immediate attention. The County currently is under contract with the Texas Department of Commerce for an Urgent Need grant. This grant will be for the construction of a wastewater treatment plant and sewer lines for a portion of the Magnolia Beach area. The proposed 1989 Texas Community Development Program application, should it be funded, will serve the remainder of Magnolia Beach. 2) How many persons are affected? The proposed project will benefit 183 persons of which 110 are low to moderate income individuals. 3) What is the extent of the need? At the present time, there is no sewage system serving this community; due to the high water table and soil saturation, septic tanks malfunction often. The untreated, raw sewage flows down drainage ditches and creates stagnant, fetid pools that harbor disease -carrying mosquitoes and large colonies of bacteria. As was mentioned earlier, the current urgent need project will include the construction of a wastewater treatment plant and sewer lines to a portion of the Magnolia Beach area. The proposed 1989 TCDP project is designed to complete the project and serve all residents of the Magnolia Beach area. The need for this project has been documented at two public hearings held this year as well as by the County's Urgent Need grant that will begin • answering the needs of the community of Magnolia Beach. 16 • PROJECT SUMMARY PAGE 2 In the space provided below, provide a description which answers the activity specific questions, listed on Pages 11 - 15, for each project activity included in the application. Please review "PROJECT SUMMARY - PAGE 2", on Page 9 of the Application Guide for further instructions. Wastewater Improvements 1) When were the treatment units constructed? The County is currently under an Urgent Need contract with the Texas • Department of Commerce to construct a wastewater treatment facility. 2) What is the design flow and/or population capacity for the existing facility? As was stated in the previous questions, there is not a treatment facility at this time, however the County is under contract to provide such a facility. The proposed facility has a design flow of 75,000 gallons per day; at 100 gallons per day per person, the plant will have a capacity to serve a population of 750 people. 3) What is the present average daily flow? There is not any flow to the plant' at the present 'time, however, the County has hired a contractor to begin construction of the plant. 4) Is the treatment plant currently meeting its discharge (permit) parameters? N/A 5) Will any increase in users be within the capacity of its existing discharge permit? The increase in users are within the capacity of the existing discharge permit. 6) If linework is involved: When was (were) the affected line(s) installed? The project will include the construction of 6", 8" and 10" PVC sewer lines and will be connected to existing manholes and 10" PVC sewer lines. • The existing lines are new and have not been cleaned or TVed in the past. 17 v�Z� . • PROJECT SUMMARY PAGE 3 In the space provided below, provide a description which answers the general questions, listed under Section II on Page 11, for each project activity included in the application. Please review "PROJECT SUMMARY - PAGE 3", on Page 10 of the Application Guide for further instructions. 1) How does the applicant propose to resolve the identified need? Calhoun County, in an effort to address the needs of low to moderate income persons, proposes to complete construction of a wastewater system in the Magnolia Beach area. 2) What activity or activities will be undertaken? Calhoun County is proposing to install/replace approximately 2,500 linear feet • of toll PVC sewer line, 5,300 linear feet of 811 PVC sewer line, 2,400 linear feet of 6" sewer line, 28 manholes, as well as some pavement repairs, and 72 service connections to serve the project area residents. 3) What service area(s) or location(s) will benefit from the activity or activities? The entire community will indirectly benefit from this project, however for this application a total of 183 persons will benefit of which 60.10% or 100 are low to moderate income individuals. 4) Are any non-TCDP funded activities pending or anticipated to be used that No other non-TCDP funded activities are pending or are anticipated to be used that would further address the needs of this community. 5) Are there any indirect benefits to the community as a result of this activity? The proposed project would be a direct benefit to all individuals in the community of Magnolia Beach. All residents will receive indirect benefits as a result of this project. A new tax base could be created by new development and growth as a result of a sewer system that will provide sewage waste removal. Also, the residents will be provided with a better quality of life. Health and safety problems in relation to the project will be eliminated and the citizens can take pride in their community. Detailed Description of the Proposed Facilities for Each Activity Wastewater System Improvements - Activity #1 Construction of approximately 2,500 linear feet of loll PVC sewer line, 5,300 linear feet of 8" PVC sewer line, 2,400 linear feet of 6" sewer line, 28 manholes, as well as some pavement repairs and 72 service connections. The following streets will be involved in the project: Silk Stocking Street from Mallory Avenue to Avril Drive Avril Drive from Schedler Street to Silk Stocking Street Schedler Street from Avril to Turpen Drive it • PROJECT SUMMARY In the space provided below, provide a description general questions, listed under Section II on Page 11, activity included in the application. Please review PAGE 3", on Page 10 of the Application Guide for further Detailed Description (Continued) Turpen Drive from Schedler to Silk Stocking Street Chumley Lane from FM 2760 to Silk Stocking Street FM 2760 from Avril Drive to Chumley Street FM 2760 from Mallory Avenue to Jeanie Street Jeanie Street from La Lucia to FM 2760 La Lucia Street from Mallory Avenue to beach area Susy Street from La Lucia to FM 2760 Sally Street from La Lucia to FM 2760. PAGE 3 which answers the for each project "PROJECT SUMMARY - instructions. The construction activities, engineering and project administration shall be financed with $250,000 of TC D P funds, $25,000 of County funds. There are no other funding sources pending, however the County and the local Water Control and Improvement District will pursue other sources of funds for the improvement of their community. • �., / 18 • PROJECT SUMMARY PAGE 4 In the chart below, provide the activity number and name, the total beneficiaries, and low/moderate income beneficiaries for each proposed construct ion/service' activity. Activity Total Low/Mod Income Number Activity Name Beneficiaries Beneficiaries 1 Water 6 Sewer Improvements 183 110 'An Engineering 183 110 • Is any acquisition of real property (including easements and rights -of -way) included or anticipated in the proposed project? Yes X No If Yes, provide a brief description of the real property that is needed, the activity that it is needed for, how the property will be acquired (e.g., donation, voluntary acquisition, Uniform Act, etc.), and include the dollar amount (TCDP or local/other) budgeted for the acquisition. Easement acquisition is estimated to cost $5,000.00 Are any special assessments, including service connection costs and/or access fees involved? Yes X No If Yes, have the funds for these costs for low and moderate income households been included in this application for TCDP funding? Yes X No _ If No, briefly describe the special assessments, service connection, or access fees involved .and how these costs will be financed. At a minimum, access to the facilities/services must be provided at no cost to low income households. 19 IM O O O p 0 N n M u N N N O � O C � tplf c 0 � O o0 rvri o O WWrc U U� N N F F0 1 0 O 0 O 0 O o p o M N N M N N WW U' fpJ [ O 'o oO oW p 11` < [ < W O o o Z Z Z C J W I 0 O yyC W u6 a [ o 2 Z o h O O h J 5 ZpNN U s Z M1�w M M [ Z < Z M m J h O 0 N ~ � h E = W W W L= G! V V V L N z in m > y C pp {yy 2 N �1 UWI J Ul O O V < W W _ L m W U 3 Q IW-• if a F • 27 • -• • .. TABLE z - BUDGET JUStifICATION - MAGNOLIA BEACH WASTEWATER COLLECTION SYSTEM Calhoun County, Texas A B C D E F G LABOR MATERIALS TOTAL ENGINEERING/ TOTAL ANNUAL PROJECTED ACTIVITY OR OR NO. CONSTRUCTION ACQUISITION ARCHITECTURAL ACTIVITY OPERATIONS & UNIT PRICE OF UNITS COSTS COSTS 1. Water And Sewer Facilities 10" PVC Sewer Line 15.00 2,500 LF $ 37,500 8" PVC Sewer Line 13.00 5,300 LF 68,900 6" PVC Sewer Line 9.00 2,400 LF 21,600 Manholes 1,200.00 28 EA 33,600 Cleanouts 300.00 7 EA 2,100 Pavement Repairs 10.00 600 LF, 6,000 Service Connections 750.00 72 EA 54,000 Trench Safety Req. 1.00 10,200 LF 10,200 Total Construction Cost 233,900 $233,900 24. Acquisition -Easement Acquisition 5,000 5,000 30. Engineering Basic Engineering Services 23,500 23,500 Special Services Surveying for Acqui- sition 1,500 1,500 Soils Boring and Report 2,000 2,000 $265,900 ( SEAL ) J. reiirt;,.N a;,;, r .... dd''........................... 3450 �T T PE 1. P F QQ6 SI SIGNATURE OF REG/STEREO PROFESSIONAL ENGINEER/ARCHITECT RESPCNS113LE FOR BUDGET JUSTIFICATION DATE _ September 6, 1989 RESOLUTION A RESOLUTION OF THE COMMISSIONER'S COURT OF THE COUNTY OF CALHOUN, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO -THE TEXAS DEPARTMENT OF COMMERCE FOR THE COMMUNITY DEVELOPMENT PROGRAM FUND: AND AUTHORIZING THE COUNTY JUDGE TO ACT AS THE COUNTY'S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE COUNTY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM, WHEREAS, the Commissioner's Court of the County of Calhoun desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the County of Calhoun to apply for funding under the 1989 Texas Community Development Program; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S COURT OF THE COUNTY OF CALHOUN, TEXAS: 1. That"a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the County with the Texas Department of Commerce. 2. That the County's application be placed in competition for funding under the _Community Development_ Fund. 3. That the application be for $250,000.00 of grant funds to carry out water and sewer system improve--ments. 4. That the Commissioner's Court directs and designates the County Judge as the County's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the County's participation in the Texas Community Development Program. 5. That it further be stated that the County of Calhoun is committing $25,000.00 from its General Fund as a cash contribution toward the engineering and general administration of this water & sewer system improvements project. PASSED and APPROVED this 11th day of September , 1989. ATTEST: Alex R. Hernandez County Judge EASEMENT - EXXON GAS SYSTEM INC., SANITARY LANDFILL Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following easement be entered in the Minutes. • • 0 R/W File 85507 EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: • COUNTY OF CALHOUN § That, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid to the undersigned owners, hereinafter referred to as "Owner" (whether one or more), the receipt of which is hereby acknowledged, Owner hereby grants Exxon Gas System, Inc., a Texas corporation, its successors and assigns, hereinafter referred to as "EGSI", the right-of-way and easement to lay, construct, maintain, operate, replace, protect, repair, change the size of and remove one (1) pipeline and all incidental equipment and appurtenances thereto for the transportation of oil, gas, water, petroleum products or any other liquids, gases or substances which can be transported through a pipeline, together with the right to fence, on, over and through the following -described lands in Calhoun County, Texas: Being a 30-foot wide pipeline right-of-way and easement out of 174.93 acres of land, more or less, in the Ysidro Benevides Survey, A-38, lying and being situated in Calhoun County, Texas, described in Deed from Patsy L. Johnson to the County of Calhoun, dated April 15, 1976, recorded in Volume 296, Page 822 of the Deed Records oL Calhoun County, Texas. The centerline of th right-of-way and easement granted hereunder is mor particularly shown on Exhibit "A" attached hereto and made a part hereof for all purposes. It is distinctly understood and agreed that EGSI shall have the right to • use an additional seventy feet (701) as temporary work space during construction of the pipeline; together with the right of ingress and egress over and across the above -described lands and adjacent lands of Owner for all purposes incident to this grant and the right of assignment in whole or in part. TO HAVE AND TO HOLD the right-of-way and easement unto EGSI for as long as it is used for the purposes stated above and until released by recordable instrument. It is distinctly understood and agreed that this. does not constitute a conveyance of any part of the land described above, or of the minerals therein and thereunder, but grants only the right-of-way and easement as provided above. Owner retains for himself and his heirs and assigns the right to farm, graze, and otherwise use and enjoy the lands described above, except as the use thereof may be necessary for the purposes granted herein; provided, however, Owner and his heirs and assigns shall not excavate the right-of-way or construct or permit any house, structure, lake, pond or other obstruction to be constructed thereon. EGSI agrees to bury the pipeline constructed hereunder to a minimum of 48 inches below normal ground level at the time of construction and to pay any damages which may arise to growing crops and timber in laying, constructing, maintaining, operating, replacing, protecting, repairing, changing the size of or removing the pipeline but after the pipeline has been constructed, EGSI shall not thereafter be liable for damages to timber within the right-of-way resulting from keeping the right-of-way clear of trees, brush, undergrowth and other obstructions. Page 1 of 2 0231 EGSI agrees that the excavation for the pipeline shall be accomplished by removing the top soil separately from the subsoil. When backfilling the ditch, the topsoil shall be replaced last. EGSI agrees to fill all ruts and holes caused by EGSI's operations and shall level and restore the contour of the ground to as near its former condition as is reasonably practicable and shall maintain same in such condition. EGSI agrees to bury the pipelines below all drainage ditches • so as not to interfere with the flow of water therein, except temporarily during construction. EGSI agrees that there shall be no above -ground installations Placed on the above -described lands without further permission from Owner, with the exception of Pipeline markers, vents, and cathodic protection power poles as close to the property lines as is reasonably practicable. Executed this the 11th day of Seotember , 1989. COUNTY OF CALHOUN Lim ITS: State of Texas § § County of Calhoun § This instrument was acknowledged before me on Sept_ 11 1989, by Alex R. Hernan[1PZ CQUO Y JUdoe of the County of Calhoun on behalf of the County. \ Notar Public JState f Texas My Commission Expires: 12-ln92 .. MARY LOU PEREZ Notary Public in Calhoun County for the State of Texas .. MY Commission Expine Page 2 of 2 L� • lv� q C CALHOUN COUNTY, TEXAS YSiDRO BENEVIDES SURVEY, A-38 to^errrrylfurynitlw rM xlx el r rwle Wnry x!e pI q Ilq [even Ln Sltts, IK. Ivlt µrnY IeetlKllr'�eIIA IomIIN( ly tonry vM xlUn ijlp evblJe Oh eIITa[ le M e leenGp _ ` Iwo vn ml tbwe vrnen. 1A�eAr PLAT SHOWING PROPOSED EXXON GAS SYSTEM N 2O11NATURAL G SPIPELINE THE COUNTY OF CALHOUN 174.93 ACRE TRACT OUT OF THE YSIDRO BENEVIDES SURVEY, A-38, CALHOUN COUNTY, TEXAS 292- 470 - 143 - Y— 09 nrr;rrae.1e189 CONTRACTS AND AGREEMENTS - PRISONERS ROOM & BOARD, BEE COUNTY Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County contract with Bee County to house prisoners for Calhoun County at a cost of $35.00 per day per prisoner and that the County Judge be authorized to sign said contract. CONTRACTS AND AGREEMENTS - ARCHITECT, HOSPITAL Motion by Commissioner Mikula, seconded by Commissioner Smith, that the contract with Galen May/Pfluger & Associates, be terminated and the necessary parties be notified including the Hospital Board. Voting No - Commissioners Belk & Hahn . Motion by Commissioner Hahn, seconded by Commissioner Belk, and carried, that the County get a legal opinion between now and Friday as to whether the contract can be terminated without the hospital terminating the contract also. Voting No - Commissioner Smith; Abstaining - Commissioner Mikula. Voting Yes - Judge Hernandez. ACCOUNTS ALLOWED - COUNTY Claims totalling $226,168.96 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Smith, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $239,168.56 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Belk, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. SANITARY LANDFILL - GARBAGE GOBBLER Representatives of Garbage Gobbler met with the Court to discuss the sanitary landfill and the new EPA regulations. Judge Hernandez stated the new EPA regulations certainly leave the County with some regulations that will have to be complied with. The Garbage Gobbler representatives stated a study is necessary to see what the plans and desires of the County and incorporated areas are and that their study will probably start with ruling out options that are not viable and report back to the Court on the expense of complying with the regulations. CONTRACTS AND AGREEMENTS - HEALTH DEPARTMENT 11 L_J is Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the contract with the Health Dept. be approved and the County Judge be authorized to execute said contract and amendments. A34 • TEXAS DEPARTMENT OF HEALTH CONTRACT 1100 West 49th Street Austin, Texas 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS TDII Document No. C0000512 This contract is between the Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, and the party listed below as PERFORMING AGENCY and includes general provisions and attachments detailing scope(a) of work and special provisions. PERFORMING AGENCY: CALHOUN COUNTY HEALTH DEPARTMENT I I (PRINT or TYPE) Mailing Address: Street Address: Authorized Contrac Entity: 0 117 Nest Ash Port Lavaca (gTX 1)7797_�Z9 0�' I I SAME different) (ity (SE)—(Xip)— 1 I Iic aicierenc crom FmKruaminv Autnuit fType of Organization: Count 1 Designate: Elementary secon ary school, junior coliege, senior co ege univers I city, county, other political subdivision, council of governments, judicial • I district, community services program, individual, or otther (define) Is this a small business NO (Yes/No) and/or minority/woman owned NO (Yes/No) PERFORMING AGENCY Fiscal Year Ending Month: DECEMBER I ( IVendor Name: —CAL—HOUN COUNTTREASURER mac(Piuen or i en i ica ion number s own a oa) 1I 1 Vendor Address: Courthouse Port Lavaca TX 77979 I 00001 s ma Mutc wit ven or i entification number s own below I State of Texas Vendor Identification No. (14 digits): 17460019239017 1 I I Finance Officer/Contact: Ethel Jecker 1 I I 1 I SUMMARY OF TRANSACTION: 1 I . Contract for public health services. • COVER - Page 1 Att.; ?DO n-- 1 1 i i 1 1 I 1 I 1 1 I I 1 I 1 1 1 I I 1 1 1 1 DETAILS OF A T I A C 9 9 E 9 T S COMMUNITY A RURAL HEALTH MATERNAL A CHILD HEALTH INNONILATION 'DR Document No. C0000512 Tern ; State Paz. ; Source of ( ------------------ Begin I End ; or grant 1 Fuodsa , Amount 9/ 1/89; 8/31/901 Pas.( 21 ; STATE ; 6 33,304.68 1 ; 1 1 1 I 1 1 10/ 1/89: 9/30/901 Grant 13.994 14,276.00 ; 9/ 1/89: 8/31/90: Grant ; [NI[ND 13.26E I ; .00 , ; 1 1 I I i i I 1 1 1 I 1 1 I 1 I 1 1 1 I 1 I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 I I + 1 1 1 1 1 1 I 1 1 I 1 I 1 1 I 1 1 1 1 1 I +1 1 1 1 1 1 1 1 I 1 1 1 1 I 1 1 1 I 1 I I 1 1 1 I 1 1 I 1 I 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 I I 1 I 1 1 1 1 1 1 1 1 I 1 1 1 I I 1 1 1 1 1 1 1 1 I 1 I I I 1 I 1 I 1 1 I 1 I 1 1 1 1 1 1 I 1 I 1 1 1 I 1 I I 1 1 I I I 1 1 1 I 1 1 I 1 1 1 1 1 I 1 1 1 I 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 1 I 1 1 I I 1 1 I I 1 1 I I 1 I I I 1 1 I 1 1 I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 I 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 I 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I 1 1 1 1 I 1 I I 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 I I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 IIIIIIIIYYYIYYYIIIfII1IIYYYIII; TOTAL { 47,6Y9.68 , a Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA(, it applicable. REFER TO BUOGST SSCTION OF ANT ISRO AMOUNT ATTACHMENT FOR DETAILS. COVER - Page 2 • • • �9,44i`' • • RIBCUTBD IN DUPLICATE ORIGINALS ON THE DATES SHOWN. Authorized Contracting Entity (type above if different from PERFORMING AGRNCT) for and In behalf of: CALROUN COUNTY RBALTS DBPARTKBNT PERFORMING AGENCY By: iatgaatere of arson Authorized to efgo contra to( Alex R. Hernandez (Name and Title( Date: 09-11-89 RRCOKKBNDED: By. �= ( ERFORKIRC ACBNCT Director, If different from person Authorized to sign contract( COVER - Page d TDR Document No.: COOOO512-01 TEXAS DEPARTMENT OF HEALTH RECEIVING AGENCY --- BY: (Si at' a of Person authorized to sign contracts( Berman L. Miller Deputy Commissioner Hanasement and Administration One and Title( Date: SEP 25 1989 APPROVED AS TO FORK: By: Office of General oaosel a m234— r n U 11, GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH CONTRACTS PERFORMING AGENCY and 'RECEIVING AGENCY agree this contract, assurances, general and/or special provisions, and attachments(s) with detailed scope(s) of work and budget(s), as applicable, incorporate all covenants and agreements pertaining hereto. No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in this contract. The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing themselves as signing•and executing this contract on behalf of PERFORMING AGENCY, do hereby warrant and guarantee that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all -terms. performances, and provisions herein set forth. • PERFORMING AGENCY hereby assures compliance with the following terms and conditions unless otherwise specified in the attachments(s) hereto:, ARTICLE 1. 'ScoDe of Wor PERFORMING AGENCY will perform the work outlined in the Scope(s) of Work contained in the attachmente(s) hereto which is/are referenced in the Details of Attachments and hereby incorporated and made a part of this contract, plus amendments which may be ,added by additional attachments($) from time to time as hereinafter provided... Satisfactory performance of this contract will be measured in part by: (1) adherence to the contract; (2) results of CPA or State Auditor reports; and,.3) timeliness, completeness, and accuracy of required reports. ARTICLE 2. Tema The time period of this contract will be governed by the terms) on the attachments(s). No commitment of contract funds is permitted prior to the first day nor subsequent to the last day of the term. The term may be extended by amendment(s). ARTICLE 3. Funding This contract is contingent upon funding being available for the term of the attachments(s) and PERFORMING AGENCY will have no right of action against • RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to perform its obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient funding of RECEIVING AGENCY for any attachments(s) to this contract. If funds become unavailable, provisions of the Termination Article will apply. ARTICLE 4. Amendments This contract may be amended, and such amendments will be in writing and duly executed by the parties hereto. aU4-D GENERAL PROVISIONS - Page 1 ARTICLE 5. Severability If any provision of this contract will be construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions hereof. The illegal or invalid provision will be deemed stricken and deleted herefrom to the same extent• and effect as if never incorporated herein, but all other provisions will continue. ARTICLE 6. Applicable Lars and Standards This contract will be governed by the laws of the State of Texas and enabling statelfederal regulations, including federal grant requirements • applicable to funding sources as set out in attachments(s) hereto, and Treasury Circular 1075 (31 CFR Part 205) as applicable to advance of funds. If PERFORMING AGENCY in a local governmental public health entity, this contract will also be governed by the Local Public Health Reorganization Act, Article 4436b, V.T.C.S., and rules (25 TAC 85.11-85.14), as amended. PERFORMING AGENCY agrees Article 4413 (32g), V.T.C.S., [Uniform Grant and Contract Management Standards Manual .(UGCMS)), as may be amended by revised federal circulars to be incorporated in UGCMS by the Governor's Budget and Planning Office, applies as terms and conditions of this contract, and the standards are adopted by reference in their entirety. If a conflict arises between the provisions of this contract and UGCMS, the provisions of UGCMS will prevail unless expressly stated otherwise. A copy of this manual and its references are provided to PERFORMING AGENCY by RECEIVING AGENCY upon request. An exception to UGCMS is made in that Office of Management and Budget (OMB) Circular A-102, Attachment P, Audit Requirements, is replaced. Audits will be in compliance with OMB Circular A-128, Audits of State and Local Governments. Such audits fulfill requirements of the Single Audit Act of 1984, P.L. 98-502. Within 30 days of receipt of audit report, PERFORMING AGENCY will submit a copy to RECEIVING AGENCY's Internal Audit Division. PERFORMING AGENCY must obtain prior approval from RECEIVING AGENCY for major project changes which are specified in RECEIVING AGENCY's institutional prior approval procedures. These procedures are incorporated by reference as a condition of this contract. • PERFORMING AGENCY certifies by execution of this contract that its payment of franchise taxes is current or, if PERFORMING AGENCY is exempt from payment of franchise taxes, that it is not subject to the State of Texas franchise tax. A false statement regarding franchise tax statue will be treated.as a material breach of this contract and may be grounds for termination at the option of RECEIVING AGENCY. ,If franchise tax payments become delinquent during the attachment term, payments under this contract will be held until PERFORMING AGENCY's delinquent franchise tax is paid in full. PERFORMING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, Debarment and Suspension. PERFORMING AGENCY specifically asserts that it does not owe a single :substantial debt or a number of outstanding. debts to a federal or state agency. A false statement regarding PERFORMING AGENCY's statue will be treated as a material breach of GENERAL PROVISIONS - Page 2 �J a3LW • this contract and may be grounds for termination at the option of RECEIVING AGENCY. ARTICLE 7. Assurances PERFORMING AGENCY assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part under. this agreement.,;,. Incorporated by reference the same as if specifically written herein are* the rules, regulations, and all other requirements imposed by law including, but not limited to, compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. None of the funds, materials, property, or services contributed by the parties, under this contract will be used in the performance of this contract for any • partisan political activity or to further the election or defeat of, any candidate for public office. In addition, none of the funds reimbursed under this contract will be used to pay the salary or the expenses of anyone for any activity designed to influence legislation or appropriation pending before legislative bodies of the state and/or federal government. ARTICLE S. Standards For Financial Management PERFORMINGAGENCY will develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGCMS. Those requirements include'at a`minimuma 1. Financial planning including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costa; 2. Financial management system including accurate, correct, and complete payroll, accounting, and financial reporting records, coat source documentation, effective internal and budgetary controls, determination of reasonableness, allowability, and allocability of costa, and. timely and appropriate audits and resolution of any findings; and, 3. Billing and collection policies including a charge schedule, a system for discounting or adjusting charges based on a person's income and family size, and a mechanism capable of billing and making reasonable efforts to collect from patients and third parties. ARTICLE 9. Allowable Costs • Only those costs allowable under UGCMS and/or applicable federal cost principles are eligible for reimbursement under this contract. Applicable cost principles are: 1. OMB Circular A-87, Cost Principles Applicable to Grants and Contracts with State and Local'Governments; 2. OMB Circular A-21, Cost Principles for Educational Institutions; and, 3. OMB Circular A-122, Cost Principles for Nonprofit Organizations. GENERAL PROVISIONS - Page 3 a'14,F • • To be eligible for reimbursement under this contract, a coat must have been incurred within the attachment term and paid' by PERFORMING AGENCY prior to claiming reimbursement from RECEIVING AGENCY or encumbered by. the last day of the attachment term and liquidated no later than 45 days after the end of the attachment term. ARTICLE 10. Overtime Compensation None of the funds provided by attachments(s) will be used to pay overtime. PERFORMING AGENCY will be responsible for any obligations of overtime pay due employees. ARTICLE 11. Terms and Conditions of Payment For services satisfactorily performed pursuant to the Scope(s) of work, PERFORMING AGENCY will receive reimbursement for 'allowable coats. Reimbursements will not exceed the total of each attachmente(s) hereto and are contingent on a signed contract. Claims for reimbursement will be made on a State of. Texas Purchase Voucher (TDH Form JAG-37). Vouchers for reimbursement of actual expenses will be submitted monthly within 20 days following the end of the month covered.by the bill. A make-up claim may be submitted as a final close-out, bill not, later than 45 days following the end of attachment term(s), Advance payment may be requested in accordance with the applicable provisions of this contract. Payments made for approved claims or notice of denial of.claims submitted against. attachments (a) to this contract will be mailed not later than 60 days after receipt of monthly vouchers. Payment is considered made on the date postmarked. Any reimbursements made by PERFORMING AGENCY to subcontractors will be made in accordance with Article 601f, V.T.C.S..` 'Funding from this contract will not be used to supplant state or local funds, but PERFORMING AGENCY will use such funds to increase state or local funds currently available to PERFORMING AGENCY for a particular activity. PERFORMING AGENCY further agrees to maintain to the best of its ability its current level of support, if any. PERFORMING'AGENCY will refund to RECEIVING AGENCY any funds PgRFORMING AGENCY ^claims and receives from RECEIVING AGENCY for the reimbursement of costa which are determined by RECEIVING AGENCY to be ineligible for reimbursement. RECEIVING AGENCY will have the right to withhold all or part of Zany future payments to PERFORMING AGENCY to offset any reimbursement made to PERFORMING AGENCY for any ineligible expenditures and not refunded to,RECEIVING AGENCY by PERFORMING AGENCY. Payment may be denied for noncompliance if required financial reports are not on file for previous quarters or for the final period, or for failure to respond to financial compliance monitoring reports, or if program requirements are not met as specified in the Scope(s) of work. GENERAL PROVISIONS - Page 4 0?3416 • ARTICLE 12. Advance Payments PERFORMING AGENCY may request, in writing, a one time advance with proper justification and the concurrence of RECEIVING AGENCY. Amount of advance will be determined by the amount and term of the attechments(s); however, for each attachment, the amount of the advance will not exceed one -sixth (1/6th) of a twelve-month attachment. Advance will be requested on a State of Texas Purchase Voucher at the beginning of attachment period or at a single later time in the attachment period if circumstances so warrant and the request is.. approved. Advance funds will be liquidated during the attachment term so that, after final monthly billing, PERFORMING AGENCY will not have advance funds on .hand. Advance funds may be drawn only to meet immediate cash needs for disbursement (UGCMS and federal circulars). Amendments to this contract may require upward or downward adjustment to the allowable advance until it equates 1/6th of a twelve-month attachment or approximates two months operating costs. In the case of a downwatd. adjustment, PERFORMING AGENCY and RECEIVING AGENCY will agree on the amount of. • adjustment to the advance. RECEIVING AGENCY retainn the option to reduce future claims by the required amount. In the case of an upward adjustment and PERFORMING AGENCY needs additional funds to meet immediate operating expenses, PERFORMING AGENCY may submit to RECEIVING AGENCY a written justification and State of Texas Purchase Voucher in the amount necessary to correct the ratio. ARTICLE 13. Program Income PERFORMING AGENCY.will develop a fee for service system and a schedule of fees for personal health services in accordance with the provisions of Article 4414c, V.T.C.S.. and the Texas Board of Health rules covering Fees for - Clinical Health Sdrvices (25 TAC, Sec. 1.91) and other applicable laws provided, however, that.a patient may not be denied a service due to inability to pay. All revenues received from the delivery of contract services will be identified, reported, and deducted from total project costs. ARTICLE 14. Financial Renorts Financial reports are required as provided in UGCMS and will be filed regardless of whether or not expenses have been incurred. Ouarterly Financial Statue Report, State of Texas Supplemental Form 269a (TDH Form • GC-4), will be submitted within 20 days following the end of each quarter. Annual/Final A final financial report, Request for Advance or Reimbursement, Form 270 (TDH Form GC-10) will be submitted not later than 45 days following the end of attachment term(s). An amended Form 269a will be submitted if the amount of expenditures reported in the last quarter changed. If necessary, a State of Texas Purchase Voucher will be submitted if all costa have not been recovered or a refund will be made of excess monies if costs incurred were less than funds received. GENERAL -,-PROVISIONS - Page 5 .C4-H ARTICLE 15. Reports and Inspections �J Y • • PERFORMING AGENCY will submit financial, program, progress, and other reports as requested by RECEIVING AGENCY in the format agreed to by the parties hereto. RECEIVING AGENCY and, when federal funds are involved, any authorized representative (a) of the federal government have the right, at all reasonable times, to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. PERFORMING AGENCY will participate in and provide reasonable access, facilities, and assistance to the representatives. All inspections and evaluations will be performed in such a manner as will not unduly delay the work. PERFORMING AGENCY agrees that RECEIVING AGENCY and the federal government, or any of their duly authorized representatives, will have access to any pertinent books, documents, papers, and records of PERFORMING AGENCY for the purpose of making audit, examination, excerpts, and transcripts of transactions related to contract attachment(s). RECEIVING AGENCY will have the right to audit billings both before and after payment. Payment under attachment(s) will not foreclose the right of RECEIVING AGENCY to recover excessive or illegal payments. Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY's resolution of findings will also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY's findings. A determination by RECEIVING AGENCY of either an inadequate or inappropriate resolution of the findings may result in the withholding of -funds or suspension of the contract attachments(s). Any. such withholding of. funds or suspension will remain in effect until the findings are properly remedied as determined by RECEIVING AGENCY. PERFORMING AGENCY will retain all such records for a period of three years from the date of the last expenditure report submitted under contract attachment(s) or until resolution of all audit questions, whichever time period is longer. ARTICLE 16. Client Records At the end of the attachment term, all client records are the property of PERFORMING AGENCY. RECEIVING AGENCY retains the right to have access to the records or obtain copies for audit, litigation, or, other circumstances that may arias. If at any time during the attachment term(s), PERFORMING AGENCY and/or RECEIVING AGENCY should decide to terminate the agreement, RECEIVING AGENCY may require the transfer of client records upon written notice to PERFORMING AGENCY. Records may be transferred to another entity that agress.to continue the service or, at the option of RECEIVING AGENCY, the records may be transferred to RECEIVING AGENCY headquarters. 11 GENERAL PROVISIONS - Page 6 a.$J--T- • ARTICLE 17. Confidentiality PERFORMING AGENCY will have a system in effect to protect from inappropriate disclosure of patient records and all other documents deemed confidential by law which are maintained in connection with the activities funded under contract attachment(s). Any disclosure of confidential patient information by - PERFORMING 'AGENCY, :including information required by the Reports and Inspections Article, will be in accordance with applicable law. ARTICLE 18. Equipment and Supplies Equipment is defined as tangible nonexpendable property with an acquisition. cost of over $500 and a useful life of more than one year. In accordance with • Article 601b, V.T.C.S., Section 8.02(c), title to all equipment purchased from funds provided herein will be in the name of PERFORMING AGENCY throughout the contract/attachment(s) term(s). Unless initially listed and approved in the contract! attachment (a), prior: written approval from RECEIVING AGENCY is required for any additions to or deletions of approved equipment purchases having an acquisition cost exceeding $500. To receive approval for data processing hardware and software purchases with an acquisition cost over $500, PERFORMING AGENCY must submit a detailed Justification which includes description of features, make and model, and coat, etc. PERFORMING AGENCY will maintain an annual property and inventory and submit a report to RECEIVING AGENCY at the end of the contract /ar;;achment(s) term(s). PERFORMING AGENCY will administer a program of maintenance, repair, and protection of assets under this contract/attachment(s) so as to assure their full availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any lose of, destruction of, or damage to the assets provided under this contract /attachment(a), it will use the proceeds to repair or replace said assets. PERFORMING AGENCY agrees that upon termination of contract /attachment(a), title to any remaining equipment purchased from funds as hereinabove provided will be transferred to the RECEIVING AGENCY or any .other party designated by the RECEIVING AGENCY; provided, however, that RECEIVING AGENCY may, at its option and to the extent allowed by law, transfer title to such property to _ the PERFORMING AGENCY. ARTICLE 19. Subcontractin PERFORMING AGENCY may enter into agreements with subcontractors unless restricted or otherwise prohibited in specific attachments (a).. If PERFORMING AGENCY elects to enter into an agreement which subcontracts out a substantial 1990 GENERAL PROVISIONS - Page 7 7/89 a3.ks portion of PERFORMING AGENCY's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. Subcontracts, if any, entered into by PERFORMING AGENCY will be in writing and subject to the requirements of thi§ contract. PERFORMING AGENCY agrees that it will be responsible to RECEIVING AGENCY for the performance of any subcontractor. ARTICLE 20. Copyrights and Publications PERFORMING AGENCY understands and agrees that where activities supported by the contract attachment(s) produce original books, manuals, films, computer programs (including executable computer programs and supporting data in 'any • form), or other original material, PERFORMING AGENCY may copyright such material subject to any rights to same reserved by or vested in the federal government or any agency thereof; however. RECEIVING AGENCY may grant to PERFORMING AGENCY limited rights to produce, publish, and use such materials as appropriate. PERFORMING AGENCY may publish at its expense the results of contract performance with prior RECEIVING AGENCY review and approval. Any publication (written, visual, or sound) should include acknowledgement of the support received from RECEIVING AGENCY and the appropriate .federal agency, if applicable. At least three copies of any such publication must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the initial review. ARTICLE 21. Hold Harmless PERFORMING AGENCY, which is not a state agency, assures that it is an independent contractor and not an agent, servant, or employee of the state. Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract, PERFORMING AGENCY agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the performance of services by PERFORMING AGRNCY under this contract to the extent allowed by law. • PERFORMING AGENCY, by acceptance of funds provided through contract attachments(s), agrees and ensures that personnel paid from these funds are duly licensed and/or qualified to perform the required services. ARTICLE 22. Termination This contractor any attachments(s) hereto may be terminated by either of the parties hereto for noncompliance by the other party. A party intending to terminate for noncompliance by the other party will provide written notice to the other party at, least thirty (90) days prior to the intended date of termination. Such notice will include the reasons for the termination and will provide the other party an opportunity to rebut the reasons in writing. A hearing may be requested on the proposed termination if such request is made in writing within ten (10) days from any final notification of termination. By such termination, neither party may nullify 'obligations already incurred for performance or failure to perform prior to the date of termination. Such termination will not be an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this contract. 1990 GENERAL PROVISIONS - Page 8 7/89 �J .Uk • This contract or any attachments(s) hereto may be terminated in whole, or in part, when both parties agree that continuation would not produce results commensurate with further expenditure of funds. Both parties will agree on the effective date and, in the case of partial termination, the portion to be terminated. RECEIVING AGENCY will immediately send PERFORMING AGENCY written notice of the terms agreed to and such notice will become a part of the contract. PERFORMING AGENCY will not incur new obligations for the terminated portion after the effective date of termination and will cancel as many outstanding obligations as possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract or any* attachments (a) hereto may be terminated if funds allocated for any attachments(s) hereto should become reduced, depleted, or unavailable during any attachmente(s) budget period, and RECEIVING AGENCY is unable to obtain additional funds for such purposes. RECEIVING AGENCY will immediately provide.written notification to PERFORMING AGENCY of such fact and • such attachments(s) to this contract is/are terminated upon receipt of 'that notification. PERFORMING AGENCY will not incur new obligations after the effective date of.termination and will cancel as many'outstanding obligations as possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract or any.attachmente(s) hereto may be terminated in the event that federal or state laws or other requirements should be amended or judicially interpreted so as to render continued fulfillment of this contract, on the part of either party, unreasonable or impossible. If the parties should be unable to agree upon amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, then, upon written notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties will be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations as of the date of termination. ARTICLE 23. Personnel All personnel funded by attachment(s) to this contract are employees of PERFORMING AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY will have in place legally sufficient Due Process Hearing Procedures for.all of its employees filling state budgeted positions. PERFORMING AGENCY will have full authority to employ, promote, suspend, • demote, discharge, and transfer within its organization any and all state budgeted personnel funded by attachment(s) to this contract provided, however, that any demotion, suspension, or discharge of sucstate budgeted employees will be in accordance with the Due Process Hearing Procedures as set out above. The only distinction between state budgeted and local paid employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, obligations, and restrictions as state employees as contained in state law. One such restriceion, as contained in the State Appropriations Act, is that no employee paid on a state budgeted' Position may receive a salary supplement from any source unless specifically GENERAL PROVISIONS - Page 9 .2.34-L authorized in the Appropriations Act or other state law. This prohibition includes, but is not limited to, the payment to ouch 'employee of a so-called 'flat rate' car allowance or travel allowance. Any such travel or per diem to these employees must be on a reimbursement basis, supported by appropriate records, and may not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current state travel regulations. This restriction will apply whether travel funds are provided in attachment(B) under this contract or from any other source. PERFORMING AGENCY will utilize RECEIVING AGENCY's policies and procedures for hiring and promoting individuals into state budgeted positions funded by attachment(s) to this contract. Qualifications of any individuals filling • these positions will be subject to approval of RECEIVING AGENCY's Bureau of Personnel Management. The purpose of the approval is to ensure that individuals occupying these positions meet minimum educational and experience requirements. PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel, payroll, leave and time records, and travel claims on state budgeted positions. PERFORMING AGENCY will be furnished by RECEIVING AGENCY state warrants for salary compensation or travel reimbursement for issuance to employees on state budgeted positions. An independent audit is not required as a condition of this contract if the attachment provides assistance through assignment of state budgeted positions and no funds are budgeted for local costs. PERFORMING AGENCY may be reimbursed for local personnel costs or 1. other categories of expense used to fulfill the scope of work` of attachment(s) in lieu of being furnished state payroll warrants after a state budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state budgeted position after all benefits, obligations, and/or ,other entitlements are met. PERFORMING AGENCY's Director, or -other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the conversion. ARTICLE 24., Funding Participation Requirement • PERFORMING AGENCY agrees funds provided through this can will*not be used for matching purposes in securing other funding. ARTICLE 25. Performance -based Attachments RECEIVING AGENCY is implementing a project for performance -based public health service contracts. The goal of this project is to improve public health practices in Texas. The primary objectives are to allocate program resources based on need and to account for funds used in providing services in response to identified needs. If PERFORMING AGENCY agrees to participate in RECEIVING AGENCY's project to implement a performance -based public health service contract, such agreement will be incorporated as an addendum to this contract. This addendum will be in writing and agreed to by both parties. GENERAL PROVISIONS - Page 10 0 a3" DOCUMENT NO. C0000512 ATTACHMENT NO. 01 PERFORMING AGENCY: CALHOUN COUNTY HEALTH DEPARTMENT RECEIVING AGENCY -PROGRAM: COMMUNITY AND RURAL HEALTH TERM: September 1, 1989 THROUGH August 31, 1990 SECTION I. SCOPE OF WORK: PERFORMING AGENCY will use state direct assistance and other funds to supplement in the delivery of comprehensive public health services. Personal health services may include but are not limited to adult health/chronic disease, AIDS/HIV, chronically ill/disabled children, dental, immunization, laboratory, maternal and child health, public health promotion/education, sexually transmitted disease control, and tuberculosis control. Environ- mental health services/inspections may include but are not limited to food, premise, swimming pool, vector control, and wastewater control. Other services related to the particular problems of the jurisdiction may be done as needed and agreed to by both parties. Reports of services performed will be submitted to RECF'.VING AGENCY, Community and Rural Health, and/or program(s). PERFORMING AGENCY will provide an estimated 21,700 clients with services/units of service in or benefitting the county(ies)/area defined as: SECTION II. LEGAL AUTHORITY: Current Appropriations Bill. SECTION III. SPECIAL PROVISIONS: The attached list of positions and budgetary amounts, exclusive of category 41 if applicable, is an integral part of this Attachment. A state warrant will be issued for each filled position in the amount of monthly net salary earnings. Financial reports in the format and frequency prescribed by RECEIVING AGENCY are required if program income is generated from activities funded through this Attachment. SECTION IV. BUDGET: Total reimbursements for this Attachment shall not exceed $33,304.68. 0 C� • -1- .Z3Ak CALHOUN COUNTY HEALTH DEPT'' PAGE 501 TEXAS DEPARTMENT OF HEALTH PHR 8 OPERATING BUDGET FOR YEAR ENDING AUGUST 31, 1990 BUDGET NO. CADDO AS OF JUNE 27 1989 021311/Ki3028 CATE- DESCRIPTION OR TITLE GORY 1 SANITARIAN II CLERK II 081.000% @ 1119.00 DESC. MONTHINO. CLASS PGP SPAY DATECTIVE HRATELY STATE AUG 001 4112 13 01 SEP 89 1;869.00 STATE AUG 023 0053 04 03 SEP 89 906.39 FUND SUMMARY 00001 STATE AUG • 0 BUDGETED ANT 22?420.00 , 10,876.68 33,304 68 " 33,304.68 *" 33,304.68 33,304.68 +" oZ 1 -0 DOCUMENT NO. C0000512 ATTACHMENT NO. 02 PERFORMING AGENCY: CALHOUN COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: BUREAU OF MATERNAL AND CHILD HEALTH TERM: October 1, 1989 SECTION I. SCOPE OF WORK: THROUGH September 30, 1990 PERFORMING AGENCY will provide clinical services to meet the needs of low income women and children with particular reference to prenatal care for pregnant women, family planning services, and preventive child health services. Services will be performed in accordance with the standards for maternity, family planning, and child health services as promulgated by the RECEIVING AGENCY, Bureau of Maternal and Child health. Services will be performed and Maternity/Family Planning and Child health Clinic reports submitted as required by RECEIVING AGENCY, Bureau of Maternal and Child Health. PERFORMING AGENCY will provide an estimated 6,500 clients with services/units of service in or benefitting the county(ies)/area defined as: SECTION II. LEGAL AUTHORITY: P.L. 99-35, Title V, Social Security Act, 45 CFR 96, and P.L. 100-202. SECTION I11. SPECIAL PROVISIONS: In compliance with Article 6252-13g, V.T.C.S., PERFORMING AGENCY will provide RECEIVING AGENCY with evidence that a public meeting or hearing was held to seek public comment on the needs and uses of federal block grant funds by PERFORMING AGENCY under this contract. Record of public participation efforts undertaken must be filed with RECEIVING AGENCY. If fees for services are imposed as provided in the General Provisions, charges will not be made for health services provided to low income mothers and children. The term "low income" refers to an individual or family with an income determined to be below the nonfarm income official poverty line defined by the Office of Management and Budget and revised annually in accor- dance with Section 624 of the Economic Opportunity Act of 1964. • • is -1- a._34�P SECTION IV. BUDGET: Personnel $.00 Fringe Benefits .00 Travel .00 Equipment .00= Supplies 9,562.00 Contractual 3,900.00 Other 813.00 • Total Direct $14,275.00 Financial reports are due the 20th of January, April, July, and October and the 15th of November. Total reimbursements for this Attachment shall not exceed $14,275.00. C -2- • �WQ DOCUMENT NO. C0000512 ATTACHMENT NO, 03 PERFORMING AGENCY: CALHOUN COUNTY HEALTH DEPARTMENT RECEIVING AGENCY PROGRAM: IMMUNIZATION DIVISION TERM: September 1, 1989 THROUGH August 31, 1990 SECTION I. SCOPE OF WORK: PERFORMING AGENCY will conduct an immunization program to prevent, control, reduce and eradicate vaccine -preventable diseases through the provision of vaccines, promotion of immunizations and application of epidemiologic and outbreak control techniques within budgetary constraints, as follows. A. Initiate investigations on 100 percent of suspected cases of measles, rubella, pertussis, poliomyelitis and diphtheria within 24 hours of receipt of report by the PERFORMING AGENCY. Initiate investigations on 90 percent of suspected mumps cases and 100 percent of suspected tetanus cases within 48 hours of receipt of report by the PERFORMING AGENCY. I. Outbreak control measures must be implemented within 48 hours of investigation for measles, rubella, pertussis, mumps, poliomyelitis and diphtheria cases. 2. Outbreak control measures include: a. appropriate antibiotic treatment for cases and contacts of pertussis and diphtheria cases. b, assess the immunization status of contacts to suspected cases of measles, rubella, pertussis, poliomyelitis, diphtheria and mumps. C. in institutional settings (day care, public schools, private schools, etc.), implement exclusion procedures for 100 percent of susceptible persons who are contacts to suspected cases or cases of measles, rubella, poliomyelitis, mumps or diphtheria and who are unprotected because of religious/medical exemptions or lack proof of a vaccine history/disease. d. offer appropriate vaccine by age (measles, rubella, mumps, diph- theria, poliomyelitis, pertussis) to the people in institutional settings for boosters and primary immunizations. B. Vaccine Accounting I. By January 31, 1990, provide RECEIVING AGENCY, Immunization Division, with a report to include: (a) age and location (clinic site) of each vaccine storage refrigerator, and (b) type of tevperature monitoring system for each refrigerator and procedures implemented to detect interruption of electricity, malfunctioning refrigerator or other causes of possible vaccine spoilage. 2. Provide reports in the format and frequency prescribed by the RECEIVING AGENCY, Immunization Division: (a) ending and beginning vaccine/toxoid inventories by category, (b) number of doses administered by specified age groups for each vaccine/toxoid n • • -I- ,Z34A'9- category, (c) the number of each dose in a vaccine/toxoid series, (d) the amounts of vaccine/toxoid unaccounted for (wasted, lost, destroyed and other reasons), and (e) account for all vaccines/ toxoids using lot numbers and expiration dates. Forms to report doses administered, vaccine use, vaccine transfers and vaccine waste are to be obtained from RECEIVING AGENCY, Immunization Division, 1-8007252-9152. 3. Ensure that daily temperatures are recorded for all refrigerators • storing vaccines/toxoids. 4. a. Provide RECEIVING AGENCY, Immunization Division, with semiannual and annual reports on vaccine accounting data indicating the number and percent of vaccine doses (DTP, DT, Td, measles, mumps, rubella, measles -rubella, measles -mumps -rubella, Hib, influenza, pneumonia, hepatitis B, inactivated polio vaccine, OPV) wasted or unaccounted for during the period September 1989 through August 1990. The semiannual report (September 1989-February 1990) and the annual report (September 1989-August 1990) should be submitted to RECEIVING AGENCY, Immunization Division, no later than 30 days following the reporting period. To complete the reports, use the following: A = vaccine/toxoid inventory on hand September 1, 1989 (conduct physical count of all storage sites), B = number of doses received per vaccine/toxoid category during the two reporting periods, C = number of doses per vaccine/toxoid administered during the two reporting periods, D = number of doses per vaccine/toxoid distributed to private providers during the two reporting periods (include EPSDT providers), E = number of doses per vaccine/toxoid in inventory on February 27, 1990 (semiannual report), and on August 31, 1990 (annual report), F = number of doses per vaccine/toxoid unaccounted for during the two reporting periods, -formula to compute answer for letter F: • A+ B- C- D- E= F G = percent of vaccines/toxoids unaccounted for during the two reporting periods, -formula to compute percent for each vaccine/toxoid is: F G =------- X 100 A + B b. The PERFORMING AGENCY is responsible for monitoring vaccine usage and obtaining the required vaccine reports (doses administered, waste, loss and inventory stock levels) from private physicians who received state -supplied vaccines/tnxnids from PERFORMING AGENCY. -2- • ,23�S • PERFORMING AGENCY will provide an estimated clients with services/units of service in or benefitting the county(ies)/area defined as: SECTION II. LEGAL AUTHORITY: Current Appropriations Bill. Texas Immunization Laws, Rules and Regulations: Human Resources Code, Chapter 42, Section 42.043; Texas Education Code, Sectinr. 2.09 and 2.09A. U. S. Department of Health and Human Services, Childhood Immunization Grants; • 42 CFR Part 51b, Section 317 PITS Act (42 USC 247b), as amended by P.L. 92-449 and P.L. 93-317. SECTION II1. SPECIAL PROVISIONS: Financial reports in the format and frequency prescribed by RECEIVING AGENCY are required if program income is generated from activities funded through this Attachment. SECTION IV. BUDGET In return for inkind services, the PERFORMING AGENCY receives adult and childhood vaccines in direct assistance from the RECEIVING AGENCY. The approximate value on an annual basis is E 25,477 • -3- SEPTEMBER 19, 1989, 9:00 A. M. ALL MEMBERS PRESENT CONTRACTS AND AGREEMENTS - HOSPITAL After discussing the legal opinion of Tom Garner, Attorney, Com- missioner Mikula made a motion that the Commissioners' Court, • in accordance with Art. 8, titled "Termination, Suspension or Abandonment" and Art. 12, "Other Conditions or Services" do hereby terminate the Owner and Architect Agreement between Calhoun County and Galen May/Pfluger Associates, and the County Judge by certified letter immediately notify Galen May/Pfluger Associates of the Commissioners' Court action. The agreement being terminated is for the construction of a new hospital facility of approximately 80,000 sq. ft. on a new site to be determined in Port Lavaca. In as much as the new hospital tax bond issue failed by a substantial margin of voters, the project is hereby abandoned and terminated and the Commissioners' Court has no plans to proceed to the Design Development Phase. • • The motion was seconded by Commissioner Smith. Voting No - Commissioner Belk. THE COURT RECESSED UNTIL SEPT. 15, 1989 at 10:00 A. M. SEPTEMBER 15, 1989, 10:00 A. M. ALL MEMBERS PRESENT CONTRACTS AND AGREEMENTS - HOSPITAL Mr. Acree Carlisle, representing Page, Southerland & Page, met with the Court to discuss Engineering & Architectural Services for Memorial Medical Center Hospital improvements. Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the County enter into a contract with Page, Southerland & Page for engineering and architectural services for improvements and betterment of Medical Center Hospital. Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County Judge be authorized to sign the contract with Page, Southerland & Page for improvements of Medical Center Hospital. (contract recorded pg. 237) ACCOUNTS ALLOWED - LEGAL FEES, DISTRICT COURT Upon motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the legal fees for District Court appointed attorney, Alex Luna, in the amount of $1,250.00 be approved. OV5 PRIVATE INDUSTRY COUNCIL - REGION III, OFFICE FACILITIES Richard Hall with Region III met with the Court to discuss the possibility of renting office space at the Annex. He said the Private Industry Council had awarded Region III a Computer Learning Contract and they needed office space in Calhoun County. • The Court took no action. BIDS AND PROPOSALS - DUMP TRUCKS The Court addressed the supplemental agenda Item #1 concerning the second lowest bid for dump trucks and no one in the court- room was present in behalf of Barrett White GMC in spite of the fact that the Court gave notice that he be here. The Court addressed the matter by general consensus and agreed that the initial award to Main Ford Mercury was the lowest and best bid. BIDS AND PROPOSALS - CHAIN LINK FENCE, SANITARY LANDFILL Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County Auditor be authorized to advertise • for bids for chain link fence for the sanitary landfill with bid opening set for October 31, 1989: CONTRACTS AND AGREEMENTS - OUTSIDE AUDITOR Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the County enter into a contract with Baum- gardner, Morrison & Company after the contract is discussed with the Hospital Board of Trustees. TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT The Tax Assessor -Collector presented her report for the.month of July and after reading and verifying same, a motion was made by Commissioner Belk, seconded by Commissioner Hahn, and carried, that said report be approved. • COUNTY TREASURER'S MONTHLY REPORT The County Treasurer presented her monthly report and after reading and verifying same, a motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried, that said report be approved. orb T H E A M E R I C A N I N S T- I T U T E O F A R C 11 I T E C T S • to AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT %7I _ r— made as of the �nR°,lA=1 day of SEPTE 4BER • Nineteen Hundred and EIGHTY-NINE BETWEEN the Owner: CALHOUN COUNTY COMMISSIONER'S COURT (Name and address) 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 and the Architect: PAGE SOUTHERLAND PAGE (Name and address) A GENERAL PARTNERSHIP OF TEXAS CORPORATIONS 17211 REGENCY SQUARE BLVD., SUITE 202 HOUSTON, TEXAS 77036 in the year of For the following Project: (Include detailed desarption o/Pro/ea, tacation, address and wcpe.) ADDITIONS AND RENOVATIONS TO MEDICAL CENTER HOSPITAL, PORT LAVACA, TEXAS The Owner and Architect agree as set forth below. • Copyright 1917, 1926,1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967. 1970, 1974, 1977. ©1987 by The American Institute of Architects, 1735 New York Avenuc, N.W., Washington, D.C. 20006. Reproduction of the 1112ted2l herein or subsnntial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA' • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 1 t3 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services Consist of those services per- formed by the Architect, Architect's employees and Architect's Consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and cue and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Proker proceeds, and shall include allowances for periods of time required for the Ownei s review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner stag not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services Consist of those described in Paragraphs 2.2 through 2.6 and any other services Identified in Article 12 as pan of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect stall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. See Article 12.3 2.2.2 The Architect shall provide a preBndnary evaluation of the Owner's program, schedule and construction budget requirements, each in terns of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect stall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budge requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments Consisting of drawings and other documents illustrating the stile and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documtems; and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the siu and character of the Project as to architectural, stm, tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu. ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Speeifica- llons setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect. shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shag advise the Owner of any adjustments to previous preliminary estinlZes of Construction Cost indi. cated by changes in requirements or general market conditions. 2.4.4 The Architect rltall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. - 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate Of Construction Cost, Shag assist the Owner in obtaining bids or negotiated proposals and assist In awarding and pCeparing contracts for construction. 2.6 CONSTRUCTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the foal Certificate for Payment or 60 days after the date of Substandai Completion of the Work, unless extended under the terns of Subparagraph 10.3.3. 2.6.2 The Architect shag provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be t+stricted, modified or extended without v.Titten agreement of t:,e Owner and Architect with Consent of the Contractor, which consent shag nun be unreasonably withheld. • • OW7 Q77 AM DOCUMENT 0141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION < AIA° a 01987 THE AMERICAN INS ITUTE OF ARCHITECT5. 1735 NEW YORK AVENUE.NW. WASHINGTON. D.C. ZOW6 B141_1987 2 C� • • 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during Construction until final Payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- realon period described in the Contract for ronSHucticn. The Architect shall have authority to as on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to been me generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner Indicating that the Work when completed will be In accor- dance with the Contract Documents. However, the Architect shag not be required to make exhaustive or continuous on -site Inspections to check the quality or quantity of the Work. On the basis of on -site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shag endeavor to guard the Owner against defects and deficiencies in the Work. (More extensity site representation map be agreed to as an Additional Senttce, as described in Paragrapb 3.2.) 2.6.6 The Architect shall not have control over or charge of and shag not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractors responsibility under the Contract for Construction. The Architect shag not be responsible for the Contractor's schedules or ftilum to carry out the Work In accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac. TOT, Subcontractors, or their agents or employees, or of any otter persons performing portions of the Work. 2.6.7 The Architect shall at all ties have access to the Work wherever it is In prepatadon or progress. 2.6.8 Except as,'may otherwise be provided In the Contract Documents or when direct Communications have been spe- d28y authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tea's consultants shall be through the Architect. 2.6.9 Based on the Architect's Observations and evaluations of the Contmctor's Applications for Payment, the Architect shag review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall comd. tote a representation to the Owner, based on the Architect's Observations at the site as provided in Subparagraph 2.6.5 and on the data Comprising the Contractor's Application for Pay. ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in xxordace with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con. tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The Issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (I) nude exhaus- tive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction meats, meth. Otis, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Document.%. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work B fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- ci5e such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architects action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architects professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, 20 of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not Constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item IS a Component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such cerificatlon to establish that the materials, systems or equip- ment will meet the performance Criteria required by the Con- tract Documents. 2.6.13 The Architect shag Prepare Change Orders and Con- struction Change Directives, with supporting documentation and data If deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes In the Work not involving an adjustment In the Contra Sum or in extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. See Article 12.1 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Concoct Documents and assem. bled by the Contractor, and shag issue a final Certificate for Pay. ment upon compliance with the requirements of the Contract Documents. AIA DOCUMENT B141 • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITTON • AIA* • @1987 3 13141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW VORK AVENUE, N.W., WASHINGTON, D.C. 20Dll6 M 2.6.J5 The Architect shall interpret and decide natters con- ecrning performance of the Owner and Contactor under the requirements of the Contact Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 .Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so tendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shag be foul if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the c ecu- tion or progress of the Work as provided In the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those retating to aesthetic effect as pro- vided in Subparagraph 2.6.17. shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 arc not included in Basic Services unless so identified in Ankle 12, and they shag be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. if services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architca's control, die Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 arc not required, the Owner shag give prompt written notice to the Architect. If the Owner indicates in writing that all or pan of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. • 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owret against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by th. Owner, including revisions made neces. sary by adiustments in the Owner's program or Proj- ect budget; - • .2 required by the enactment or revision of coda, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail - Me to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- taflon and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- unions proposed by the Contractor and making subsequent rcvisiom to Drawings. Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other arse during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of tither the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of • claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services In connection with bidding, ncgoda- tion or construction prior to the completion of the Constmc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program - min the requirements of th Pro' Included in Basic Ser�ices, see Artic�e iT.3 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- paradve studies of prospective sites. 90 ALA DOCUt7FNr 0141 • OWNER -ARCHITECT AGREEMENT o FOURTEENTH EDITION • AIAa a 01987 THE AMERICA! INSTITUTE OF ARCHITECTS, 173; NEW YORK AV11NO' N W , WA SHINGTON. D C 2 x 1 B141-1997 4 • • 3.4.4 Providing special surveys, environmental studies and submissions required for appfovats of govemmentai authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, system and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the acctrracy of drawings or other information furnished by the Owner. 3.4.0 Providing coordination of construction performed by separate contractors or by the Owner's own forces and Coot& nation of services required in connection with construction Performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing arutyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement Of Installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. '3.4.16 Making Inmogarions inventories of materials or equip. merit, or valuations and detailed appraisals of existing facilRles. 3.4.16 Preparing a set of reproducible record drawings show- Ing significant changes In the Work made during construction based on marke"P Prints, drawings and other data fumished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or System such as testing, adjusting and balancing, preparation of operation and rfainteance manuals training Personnel for Operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a foal Cer. Uficate for Payment, more than 60 days after the date of Sub stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archd- tectural, structural, mcc anical and electrical engineering por- dons of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full Information regarding requirements for the Project, Including a program which shall set forth the Owner's objectives. schedule, constraints and cri teria, including space requirements and relationships, fiexl- bWty, expandability, special equipment, system and site requirements. 5 B141-1907 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owncr's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorised representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal Information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; righis-Of-way, restrictions, easements, encroachments, zoning, deed resudc- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and Information concerning available Utility services and Ones, both public and private, above and Wow grade, Including inverts and depths. All the information on the survey shall be referenced to a project benchmark 4.6 The Owner shall furnish the services of geotechnicad engi- neers when such services are requested by the Architect. Such services may Include but are not limited to test borings, test Pits, determinations of soli bearing values, percolation tests, evaladOOS of hazardous materials, ground corrosion and rests. dvity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when le ssctutch services are reeaasoonatbllry required by the scope SeeeArtie a .f1; u99 yy2. y Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, ale and water Pollution tests, tests for hazardous materials-, and Other laboratory and environmental tests. Inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Proles, including auditing Wn*rs the Owner may require to verify the Contractor's APPUmdons for Payment or to ascertain how of for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, Infbnn2dOn, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shag be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect O the Owner becomes aware of any fault or defect in the Project or nonconfomancc with the Contract Docvmehts. 4.11 rCgU The proposed language of certificates or certifications requested of the Architect or Architects consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request ,nifica- Uons that would require knowledge or services beyond the scope of this Agreement. See Article 12.6 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT THE AMERICAN INSTITUTE OF ARCHITECTS. 1735. NEW YORK AVVENUE,Nw., WASHI GN TO•D.C.®IWG' 12W ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specialty provided for by the Architect, plus a reasonable allowance for the Con- tnaor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market condidons at the time of bidding and for changes In the Work during construction. 5.1.3 Construction Cost dots not include the compensation of the Architect and Architect's consultants, the costs of the land, rightsof-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, If any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction Industry. It is rcemgni=d, however, that nel- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractors methods Of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepamd'or agreed to by the Architect. 5.2.2 No fixed Writ of Construction Cost shall be established IRS a condition of this Agreement by the famishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. if such a fixed limit has been established, the Architect shall be Permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systcns and types of construction are to be Included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shag be increased In the amount of an inaease In the Contract Sum occurring after execution of the Contract for Construction. 52.3 if the Bidding or Negotiation Phase has not cortunctced within 90 days after the Architect submits the construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the. general level of prices in die construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) Is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an Increase in such fixed limit; 2 authorize rebidding or renegotiating of die Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out Of the establishment of a fixed Whit. The Architect shall be entitled to compensation in accordance with this Agreement for all services Performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifieations and other documents pre- pared by the Architect for this Project arc instruments of the Architect's service for use solely with respect to this Project and, unless otherwise Provided, the Architect shall be deemed the author of these do_uumenrs and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and Other documents for information and reference in connection,. with the Owner's use and occupancy of the Project. The Archi. tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in defauit under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for simile purposes in connection with the Project is not to be construed as publication in dcroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION See Article 12 7.1 Claims, disputes or other matters in question between the panics to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration In accordance with the Construction Indusuy Arbina- tion Rules of the American Arbitration Association currently in eRect unless the panics mutually agree otherwise. 7.2 Demand for arbaradon shag be fried in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the ciaim, dispute or other matter in question her arisen, in no event shag the demand for arbitration be made after the date wizen institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barterli by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall Include, by corisolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, • C • AU DOCUW-HT B141 • OWNERhm -ARcHnECT AGa amEHT - FOua-ruN EDmON o AtAa o ID 1987 t7 THEA EIIICANWSTITIrEOFARCHMCIS,1735NEW VGIixAVENUE, H.w.,WASHm1GTON,OC20ca6 B141-1967 4 • • • except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or "city shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agree. ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 Theawardrenderedbythearbitatororarbitratorsshallbe final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR A84ND0NMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreemem thmtrgh Ho fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices Performed Prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi. ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project Is Permanently abandoned, If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect rtay terminate this Agreement by giving written notice, 8A Failure of the Owner to make payments to the Architect In accordance with this Agreement shall be considered subsmntW nonperformance and cause for termination. 8.6 If the Owner fails to trials,th payment when due e Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance ofser- vices under this Agreement. Unless payment in full Is received by the Architect within seven days of the dace of the notice, the suspension shall take effect without further notice. In the event If a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined In Paragraph 8.7. 8.7 Termination ExP"nses are in addition to compensation for Buie and Additional Services, and include expenses which are directly attributable to termination. Temtinatiea Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services aced to the time of ter- mination, as follows: 1 Twenty Percent of the total compensation for Basic and Additional Services amed to date if termination Occurs before or during the predesign, site analysis, or Schematic Design Phases; or 7 B141-1987 .2 Ten Percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- emed by the law of the princip Architect. al place of business of the 9.2 Tem15 in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con. tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement Pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to con not later than either the date of Substantial Com. pletion for acts or failures to act occurring prior to Substantial Completion, or the date of fssmance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive tali rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such InSUtance as set forth in the edition of AIA Document Am I, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party t0 this Agreement and to the partners, succes- sots, assigns and legal representatives of strch other parry with respect to all covenants of this Agreement. h otheither Owner nor Architect shall assign this Agreement without the written nor sent of the other. 9.6 This Agreement represents the entire and integrated agree. merit between the Owner and Architect and supersedes all Prior negotiations, representations or agreements, either writ- . ten ru oral, instrThis Agreement may be amended by Written instrumentsigned by both Owner and Architect 9.7 Nothing contained In this Agreement shall crate a contrac- tual relationship with or a cause of action in favor of a third Party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shag have no responsibility for the discovery, Presence, handling, removal or disposal of or expo- sure of Persons to hazardous materials in any forth at the Project site, including but not thrilled to asbestos, asbestos products, PolYdIlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include represena- lions Of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and Professional materials. The Architect's materials shall not include the Owner's confidential of proprietary information if the Owner has previously advised the Architect in writing of AIA DOCUMEM B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH THE AMERICAN INSTITUTE OF ARCHITECTS, 17i5 NEDITION • AIA- • O1987EWYORK AVENUE, N.W., WASHINGTON. D.C. 20000 "243 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the constmction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE See Exhibit 2 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expanses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- Ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings. Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum paymcnt under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 if to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is excel of extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project arc deleted or otherwise not constructed, compensation for those portions of rile Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2. based on (I) the lowest bona fide bid tar negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- (ions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments or, account of the Arcladtect's Additional Services and for Reimbursable Expenses shall be made monthly _ upon presentation of the Archima's statement of services reto- tiered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.6.1 No deductions shall be made from the Architect's com. pensuion on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses'a ad expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of Dollars (1 —0— shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included id Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (ill reel tM54 a1 W-PeIL 16.1I, lncladirig Slopulated f ,.. nlullrll Or P-vm1aga. 9O f rtlenllil' PbOrer 10 ubicb parncuzOr melt ds Of rO1I1P Osaifon W), if nee aryl See attached Page Southerland Page Fee Schedule for Hospital Construction Q'/r(/1 dated September 15, 1989, Exhibit 1 �t�IT AIA DOCUMENT 0141 • OWNER -ARCHITECT AGREEMENT a FOURTEENTH EDITION a AIA- a @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, H W , WASHINGTON, D.C. 20006 81 Q 1-198Y • • • C 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (/mm� add,1iondl pbout m appmpnare.) Schematic Design Phase Design Development Phase: percent (15 %) Construction Documents Phase: percent (20 %)percent (40 Bidding or Negotiation Phase; ) Construction Phase: percent( 5 %) percent (20 %) Total Basic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be conT- puted as follows: To be computed as Additional Services as under 11.3.2 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2. and (2) services included in Ardde 12 as part of Additional Services, but excluding ser. vices of consultants, compensation shall be computed as follows: f"VOYM, if Mq%dMf dmrol edfk rert rraa a brlrbupankv/ft � me+ba[r � e%vd rndp ds ana tnrMo)re; aw umrl/y rrrnnpw one davl/r ofw penwtbn neeeumy-f See attached Page Southerland Page - Houston, Standard Hourly Rates dated March 28, 1989, Exhibit 2 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additio senal structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.t9 or MenNSed inArdde 12 as pan of Additional Services, a multiple of times the amounts baled to the Architea for such services. (/eenf(fry *y (k rypa Of CM dW-ft in Anlde 12. i/ reWl.ed) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, a described in Paragraph 10.2, and any otha i[errtS Included N ANCie l2 as Reimbursable Expenses, a multiple of times the employees and consultants in the interest of the Project. expatua "'Curr`b by the Architect, the Architect's • 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Twenty -Four ( 24 ) months of the date hereof, through no fault of the Archdtect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable Thirty 30 Amounts unpaid Thirty 30 e ) days from We rase of the Architect's low, r N the absence thereof m the legal rate prevailing from time tostime attheprincipal invoice l p� offbbusiness of the Architect. Interest at the rate entered below, or (/rued rare o/ interenr-&—t upon) 10% - (theyloono regvofbwiundere 1 federal Truthrnl<neing Ap, slmGorsrare raM/oW emuvmer c�eeirlours orNorber regulollanr, Ibe Oumer's 4r Arrbi- red } prtrrdp, prnres o/brurnecs, rbe laratton o/Ibe ProJerr one I(mub"r ray yf/ay ibe ualietly of dAs prov(slon. Specific leg, odd¢ rboule be obWin m1b rcrped ro dektioro or copal/lralloru, arN oiro regardhg req,tlrerr,enrs sudt m atwitter errdosroas or uafuers.) 9 B141.1987 ALA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • ALA • ®1 THE AMERICAN INSTIT UTE OF ARCHITECTS, 1 T}5 NEW YORR AVENUE, N.W., 9R7 WASHINGTALA D.C. 20006 987 • 11.5.3 The rates and multiples set forth for Additional SCrVICC1 shall he annually adjusted in accordance with normal salary review practices of the Architect. ARTICI F 19 OTHER CONDITIONS OR SERVICES (/N", (1(•S(ri/Ai(us'Y' w, i(mi(S9, i kwifl' Addili.,.l .A•n'ic(>' iucLal •rl NvIbb, lk,lia' (tN/1/4'ILWI(II NI 4INI IINW fT411p11,t t(i IiM fk1)•IIIfIII GII(( ('(1111/1CIHlI(Ibll It•1%NF il¢bld d ill Ibis Agrtt•Nlmd.) 1. Referring to 2.6,13,, page 3, the preparation and processing of Change Proposals and Change Orders is included in the Basic Services with a cursory review of the proposed cost;, however, there may be additional compensation due the Architect as described under 3,4.10 and 3.4.11 on page 5 in the event detailed cost analysis and negotiations are requested and authorized by the Owner, • The Architect shall prepare Change Orders for the owner's approval and execution in accordance with the Contract Document. No Change Orders may be issued without the Owner or its representative prior written consent. 2. Referring to 4.6.1 on page 5, the services of a Radiation Physicist to determine the shielding necessary for x-ray and other radiation machines is an Additional Service. 3. Referring to 3,4.1 on page 4, programming of space needs is included under Basic Services. 4. In the event the Owner chooses to terminate the agreement during the Schematic Design Phase, the fees due the Architect will be equal to hourly reimbursement plus expenses, at the rates listed under Exhibit 2, for the Architect's time up to the date of termination. - 5. The Architect will make a reasonable effort to provide plans and specifications that conform to the code requirements ofstateand local authorities. Also, the Architect will assist the Owner in making the required submission of document's to proper agencies and obtaining approvals. The Owner must recognize and accept that each of the code officials involved has the authority to make interpretations and/or requirements, during the planning or construction phases, which ire beyond the control of the Architect and may cause additional cost to the Owner. 6. The Architect cannot provide certifications or warranties to the Owner or any • other party such as a lender of funds to the Owner. 7. Article 2,6.2 in this Agreement incorporate$ AIA Document A201, General Conditions of the Contract for Construction, as part of this Agreement .which is attached for reference purposes. B. The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas 78758, telephone (512)458-1363, has jurisdiction over individuals licensed under the Texas Registration Law, Article 249A, Vernon's Texas Civil Statutes. a� 9. It is the Owner's responsibility for the removal and/or abatement of asbestos in the existing facility. 10. The Architect will provide a level of care in their performance of this contract as required by the laws of the state of Texas. 11.. It is recommended that the Owner provide a contingency in the Project Budget in the amount of 5% of the construction cost to pay for unforseen conditions. 12. The requirements of Article 7, Arbitration, beginning on page 6, shall be changed such that Arbitration may • be utilized in the settlement of disputes if such a procedure is mutually acceptable to both parties of this Agreement. 13. This Contract, in its entirety, shall be binding upon all the parties hereto, their respective heirs, successors or assigns, and this Contract in its entirety shall be performable entirely in Calhoun County, Texas. 14. This agreement may not be assigned, either in whole or in part, without the express written consent of both parties to this agreement. 15. Notwithstanding anything to the contrary herin, it is provided for controllable purposes that prior to the beginning of each of the (5) five phases, as defined in article 11.2.2, there shall first be a majority vote of the quorum present of the Calhoun County Commissioner's Court, authorizing the beginning of such phase and the Owner shall have no responsibility for payment of any services, work, or expense applicable to such phase unless the Calhoun County Commissioner's Court have first authorized in the beginning of such phase. 16. The Schematic Design Phase is hereby referred to as Phase 1 of 5 phases; however the Schematic Design Phase hereby includes Sub -Phase A - Feasibility Study and Sub -Phase B - Execution of Feasibility Study for completion of Schematic Design Phase. The Calhoun County Commissioner's Court, by a majority vote of the quorum present, shall authorize the beginning of Sub - Phase B before Calhoun County will be responsible for payment of any services, work, or expense applicable to such Sub -Phase B of the Schematic Design Phase. The maximum amount of cost to Calhoun County for the Schematic Design Phase is as follows: Sub -Phase A - Feasibility Study: Hourly reimbursement with a cost not to exceed:$ 30,000.00 Sub -Phase B - Execution of Feasibility Study for Schematic Design Phase: $ 36,600.00 The maximum cost to Calhoun County for the Schematic Design Phase shall not exceed $66,600.00, or 15% of the total Basic Compensation payable, Section 11.2.2, whichever is less. In addition to the Architect's fees for Sub -Phase A, the Owner will also have other expenses for Owner furnished items such as a topographical survey, asbestos abatement consulting services, sub -surface geotechnical investigation, travel expense and printing cost. These additional costs for Sub -Phase A are estimated to be approximately $15,000.00. This Agreement entered into as of the day and year first written above. E COUTA^/N,TY' COMMIS ONER'S COURT IStg,lature) 04N-- LLZ cauiJ-r 9 :SLAZ (0 iL ARCHITECT PAGE SOUTHERLAND PAGE A GENERAL PARTNEPSHIP OF TEXASI (Sigtu.ture) AGREE B. CARLISLE JR n U is C J (Printed name and title) AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION . AIA- • 01987 eATHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C.20006 B. CARLISL B. PRESIDENT. B141-1987 10 • EXHIBIT 1 PAGE SOUTHERLAND PAGE - HOUSTON September 15, 1989 Schedule for Percentage of Construction Cost Architectural/Engineering Basic Services Fee for Hospital Projects. Based on Basic Services as defined in AIA Document B141 Standard Form of Agreement Between Owner and Architect, 1987 Edition. • PERCENTAGE FEE FOR PERCENTAGE FEE FOR CONSTRUCTION NEW FREE STANDING ADDITIONS & RENOVATIONS COST FACILITIES TO EXISTING FACILITIES' Below $500,000 .00 $500,000 8 5 9.00 $1,000,000 7 5 8.00 $3,000,000 7. 7.75 $5,000,000 7. 0 7.50 $7,500,000 6. 5 7.25 $10,000,000 6 0 7.00 $12,500,000 6.2 7.00 $15,000,000 + .0 7.00 Determination of fees for construction costs that falit between the above amounts is by interpolation. *For Addition and Renovation projects below $500,000 construction cost, the fee will be hourly compensation. • a*9 • EXHIBIT 2 PAGE SOUTHERLAND PAGE - HOUSTON Standard Hourly Rates March 28, 1989 CATEGORY HOURLY RATE • 1. Partner $ 100.00 2. Project Manager/Dept. Head 75.00 3. Senior Architect 60.00 4. Architect 50.00 5. Intern Architect 40.00 6. Senior Engineer 70.00 7. Engineer 60.00 S. Engineering Designer 55.00 9. Engineering Drafter 40.00 10. Contract Administrator 47.50 11. Word Processing 30.00 The above hourly rates include Direct and Indirect Labor expense, general overhead and profit margins. • • 11 • T H E ; A M E R I C A N I N S T I T U T E to EXHIBIT 3 AIA Document A201 O F A R C H I T E C T S General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TOM MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND.COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5.SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or Substantial quotation of its provisions without written permission of the AIA vlolal!S the copyright laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION =6 •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. ZOD06 A201-1987 1 INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3,12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Access to Work ........................... 3.16, 6.2.1, 12.1 Accident Prevention .............................. 4.2.3. 10 Acts and Omissions . 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9. 8.3.1, 10.1.4, 10.2.5, 13.4.2. 13.7. 14.1 Addenda ........... ........ ... ............... I.I.I. 3.11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing....... 4.2.6.9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13.4.5.1 Allowances ........................................ 3.8 AN -risk Insurance ................................. 11.3.1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3. 9.10.4, 11.1.3. 14.2.4 Approvals .... 2.4, 3.3.3.3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4.2.7. 9.3.2, 11.3.1.4. 13.4.2, 13.5 Arbitration ..................... 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, 8.3.1, 10.1.2, 11.3.9, 11.3. I0 Architect.......................................... 4.1 Architect, Definition of ............................... 4.1.1 Architect, Extent of Authority........ 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4. 5.2. 6.3, 7.1.2. 7.2.1, 73.6, 7.4, 9.2, 9.3.1. 9.4, 9.5, 9.6.3, 9.8.2. 9.8.3, 9.10.1, 9.10.3, 12A. 12.2.1. 13.5.1. 13.5.2, 14.2.2, 14.2.4 Architect, Limiunionsof Authority and Responsibility . 3.3.3. 3.12.8, 3.12.11,4.1.2.4.2.1.4.2.2,4.2.3, 4.2.6. 4.2.7, 4.2.10, 4.2.12. 4.2.13, 4.3.2. 5.2.1, 7.4, 9.4.2. 9.6.4, 9.6.6 Architect's Additional Services and Expenses .......... 2.4, 9.8.2, 11.3.1.1. 12.2.1, 12.2.4. 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4. 9.5 Archknct's Approvals 2.4, 3.5.1, 3.10.2, 3.12.6, 3.12.6, 3.18.3.4.2.7 Architects Authority to Reject Work .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.12.4.2.13, 4.3.2. 4.3.6, 4.4.1. 4.4.4. 4.5. 6.3. 7.3.6, 7.3.8. 8.13, 8.3.1, 9.2. 9A, 9.5.1, %8.2, 9.9.1, 10.1.2. 13.5.2. 14.2.2, 14.2.4 Architect's Inspections ........... 4.2.2. 4.2.9. 4.3.6.9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Architect's Instructions.. 4.2.6, 4.2.7, 4.2.8, 4.3.7, 7.4.1, 12.1, 13.5.2 Architects Interpretations ................. 4.2.11.4.2.12.4.3.7 Architects On -Site Observations ........ 4.2.2, 4.25, 43.6, 9.4.2, 9.5.1, 9.10.1. 13.5 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor .... I .. 1.1.2, 3.2.1. 3.2.2, 3.3.3, 3.5.1. 3.7.3. 3.11, 3.12.8. 3.12.11, 3,16, 3.18, 4.2.3. 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4. 9.8.2. I1.3.7, 12.1, 13.5 Architect's Relationship with Subcontractors .... 1.1.2, 4.23, 4.2.4, 4.2.6. 9.6.3, 9.6.4, 11.3.7 Architect's Representations ................. 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits ........ 4.2.2, 4.2.5, 4.2.9, 43.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Asbestos ........... ............................... 10.1 Attorneys' Fccs ........................ 3.18.1. 9.10.2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work .............................. 5.2 Basic Definitions .................................... 1.1 Bidding Requirements ................ 1.1.1. 1.1.7. 5.2.1, 11.4.1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds. Lien ...................................... 9.10.2 Bonds, Pedonnance and Payment ..... 7.3.6.4, 9. 10.3, 1 1.3.9, 11.4 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 93.2 Certificates for Payment....... 4.2.5, 4.2.9, 9.33, 9.4, 9.5, 9.6.1, 9.6.6. 9.7.1, 9.8.3, 9. 10.1, 9.10.3. 13.7, 14.1.1.3, 14.2.4 CCrtific2ICS of Inspection, Testing or Approval ..... 3.12.11, 13.5.4 Certificates of insurance .................. 9.3.2.9.10.2, 11.1.3 Change Orders...... 1.1.1. 2.4.1, 3.8.2.4, 3,11, 4.2.8, 4.3.3, 5.2.3. 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2. 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 7.2.1 Changes ........................................... 7.1 CHANGES IN THE WORK .... 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3. 4.4, 4.5, 6.2.5, 8.3.2, 9.3.1.2. 9.3.3, 9.10.4. 10.1.4 Claims and Timely Assertion of Claims .... ..... 4.5.6 Claims for Additional Cost ........ 4.3.6, 4.3.7, 4.3. 4.3...9, 6.1.1, l 0.3 Claims for Additional Time ............ 4.3.6. 4.3.8, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions........... 4.3.6 Claims for Damagcs... 3,18, 4.3.9. 6.1.1, 6.2.5, 8.3.2, 9.5.1.2. 10.1.4 Claims Subject to Arbitration ................. 4.3.2. 4.4.4, 4.5.1 Cleaning Up ................................... 3.15, 6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, 2.2.1. 3.2.1, 3.2.2, 3.7.1. 3.10.1. 3.12.6. 4.33, 5.2. 1, 6.2.2. 8.1.2, 8.2.2, 9.2, 11.1.3. 11.3.6, 11.4.1 Commencement of the Work. Definition of ............... 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to ....... 3.11, 3.15, 4.2.2, 4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2. 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Completion, Substantial......... 4.2.9, 4.3.5.2, 8.1.1. 8.1.3. 8.2.3, 9.8, 9.9.1, 12.2.2. 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, 4.1.1. 10.2.2. 11.1, 1 1.3, 13.1, 13.5.1, 13.5.2. 13.6, 14.1.1. 14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. LIA, 1.1.7,6.L1 Consent, Written .................. 1.3.1. 3.12.8, 3.14.2, 4. L2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1. 9.10.2. 9.10.3,10.1.2, 10. 1.3, 11.3.1, 11.3.1.4, 11-3.11. 13.2. 13A.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ................... ........ ... 1.1.4,6 Construction Change Directive, Definition of .............. 7.3.1 Construction Change Directives .... I.I.1, 4.2.8. 7.1, 7.3. 9.3.1.1 Construction Schedules, Contractor's ............... 3.10, 6.1.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .................... .... .............. 4.3.4 Contract, Definition of ............................... CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.1.1,14 Contract Administration ..................... 3.3.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1. 3.10, 5.2, 9.2, 11.1.3, 11.3.6, 11 AA Contract Documents, Tha ....................... 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of... 1.3, 2.2.5, 5.3 Contract Documents, Definition of ..................... 1.1.1 Contract Performance During Arbitration ............ 4.3.4. 4.5.3 Contract Sum ................... 3.8. 4.3.6. 4.3.7, 4A.4, 5.2.3, 6.1.3. 7.2, 7.3. 9.1, 9.7, 11.3.1. 12.2.4, 12.3. 14.2.4 Contract Sum, Definition of ............................ 9.1 Contr:et Time 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7. 12.1.1 Contract lime, Definition of .......................... 6.1.1 9 • 2 A201-1987 0Z57 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAV •© I1)97 THE AMERICAN INST1TUT9 OFARCHITEC7S, 1735 NEWYORK AVENUE, NW., WASHINGI'ON. D.C. 200A, C� • • CONTRACTOR ................................... 3 Contractor, Definition of ..................: ...... 3.9, 6.1.2 Contractor's Bid ......... . 1 1 1 Contractor's Construction Schedules ............. 3.10. 6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3. 11.1.1, 14.2.1.1 Contractor's Liability Insurance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6. 3.12.5. 3.14.2. 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4,3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2. 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3,2.2, 3.3.3. 3.5.1, 3.7.3, 3.11, 3.12.8 3.16. 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations.. 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2. t, 9.3.3 Contractor's Responsibility for Those Performing the Work ................. 3.3.2. 3.18, 4.2.3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .. . 14.1 Contractors Submittals ....... 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1. 9.8.2. 9.9.1. 9.10.2, Contractor's Superintendent ...... 10.1.2, 11.4.2, 11.4.3 :9.10.3. ............ 3.9, 10.2.6 Contractor's Supervision and Construction.... onstmctlon Procedures...... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance ................. 11.1.1.7, 1 L2.1 Coordination and Correlation ............... 1.2.2, L2.4, 3.3.1, 3.10, 3.12.7, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3.11 Correction of Work ..................... 2.3. 2.4, 4.2.1, 9.8.2, 9.9.1, 12.1.2. 12.2, 13.7.1.3 Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3. 6.1.1, 6.2.3, 6.3, 7.33.3, 7.3.6, 7.3.7, 9.7, 9�8.2, 9.10.2, 11-3.1.2, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cutting and Patching ........................... 3.14, 62.6 Damage to Construction OfOwneror Separate Contractors 3.14.2. 6.2.4. 9.5.1.5. 10.2.1.2. 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... A.14.2, 9.9.1, 10.2.1.2. 10.2.5, 10.3. 11.3 m Daages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions ofthe Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4. 4.5, 6.3. 7.3.6, 7.3.8. 8.1.3, 8.3, 1, 9.2, 9.4. 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3.2.4, 3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2. 9.8.2, 9.9.1, 10.2.5. 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5.1 Definitions...... 1.1. 2.1.1, 3.1, 3.5.1, 3,12.1. 3.12.2, 3.12.3. 4.1.1, 4.3.1, 5.1, 6.1.2. 7.2.1, 7.3.1, 7.3.6. 8.1, %I, 9.8.1 Delays and Extensions of Time .......... 4.3. t, 4.3.8.1, 4.3.8.2, 6.1.1, 6.2.3, 7.2.1. 7.3.1, -13.4, 7.3.5, 7.3.8, 7.3.9, 8.1.1, 8.3, 10.3.1. 14.1.1.4 Disputes 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.8. 9.3.1.2 Documents and Samples at the Site ...................... 3.11 Drawings, Definition of .............................. 1.1.5 Drawings and Specifications, Use and Ownership of..... 1.1.1, 1.3, Duty to Review Contract Documents and Field COndino.2.3.1 . ! 53 Effective Date of Insurance ...................... 8.2.2, 11.1.2 Emergencies ................................. 4.3.7, 10.3 Employees, Contractor's .......... 3.32, 3.4.2, 3.8.1. 3.9, 3.18.1, 3.18.2. 4.2.3, 4.2.6, 8.1.2. 10.2, 10.3, I1.1.1, 14.2.1.I Equipment, Labor, Materials and .......... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.3, 3.12.7, 3. 12.11, 3.13, 3.15.1, 4.2.7. 6.2.1. 7.3.6, 9.3.2, 9.3.3, 11.3. 12.2.4, 14 Execution and Progress of the Work ....... 1.1.3. 1.2.3. 3.2, 3.4.1, 3.5.1. 4.2.2, L2,3, 4.3.4, 4.3.8, 6.2.2, 7.1.3. 7.3.9. 8.2. 8.3, 9.5. 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents ............ 1.2, 3.7.1 Extensions of Time ............ . 4.3.1, 4.3.8, 7.2.1.3. 8.3, 10.3A Failure O(Paymem by Contractor .............. 9.5.1.3, 14.2A.2 Failure Of Payment by Owner 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2.1. 4.2.9.4.3.2. 4.3.5, 9.10, 11.1.2, 11.1.3. 11.3.5. 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law ............... 4 .................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ............................ 10.1. 10.2A Identification Of Contract Documents ...... 4............. 1.2.1 Identification of Subcontractors and Suppliers ............. 5.2.1 Indemnification ....... 3.17, 3.18, 9.10.2, 10.1.4, 11.3.1.2, 11.3.7 Information and Services Required of the Owner..... 2.1.2. 2.2, 4.3.4, 6.1.3, 6.1.4, 6.2.6. 9.3.2. 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3, 10.1.4. 11.2, 11.3, 13.5.1, 13.52 Injury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3, 3.3.4, 3.7.1, 4.2.2, 4.2.6,4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2. 9.10.1, 13.5 Instructions to Bidders ............... 1.1.1 ImArtictions to the Contractor.... 3.8.1, 4.2.8. 5.2.1, 7, 12.1, 13.52 fnsurance ....... 4.3.9. 6.1.1, 7.3.6.4, 9.32, 9.8.2, 9.9.1, 9.10.2, It Insurance, Boiler and Machinery .................... 11.3.2 Insurance, Contractors Liability ...................... 11.1 Insurance, Effective Date of .................... . 8.2.2, 11.1.2 Insurance, Loss of Use ............................. 11.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance. Property ........................... 10.2.5,11.3 Insurance, Stored Materials .................... 9.3.2, 11.3.1.4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy ..9.9.1, 11.3,11 Insurance Companies, Settlement with ................. 11.3.10 Intent of the COntraet Documents ................ 1.2.3, 3.12.4, 4.2.6. 4.2.7, 4.2,12. 4.2.13. 7.4 Interest........................................... 13.6 Interpretation ........ 1.2.5, 1.4,1.5, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written .... ............ . 4.2.11. 4.2.12,4.3.7 Joinder and Consolidation of Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7. 3.12.11, 3.13, 3A5.1, 4.2.7. 6.2.1, 7.3.6, 9.3.2, 9.33. 12.2.4, 14 Labor Disputes ............... .. 8.3,1 Laws and Regulations ....... L3, 3.6, 3.7, 3.13, 4A.1, 4.5.5, 4.5.7, 9.9.1, 10.2.2, 11.1. 1 1.3, 13.1. 13.4, 13.5.1, 13.5.2, 13.6 Liens .................. 2.1.2, 4.3.2, 4.3.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on Consolidation or Joinder ................ 4.5.5 Limitations, StAtRe5Of ................... 4.5.4.2, 12.2.6, 13.7 Limitations of Authority .................... 3.3.1, 4.1.2, 4.2.1. 4.2.3. 42.7. 4.2.10, 5.2.2. 5.2.4. 7.4, 11.3. 10 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA°•©1987THE AMERICANINSTITUTE OFARCHITECTS,1735NEWYORKAVENUE. N.W.,WASHINGTON.D.C.21xxK. A201-1987 3 PILN Limitations of Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8.3.12.11, 3.17, 3.18, 4.2.6, 4.2.7. L2A2, 6.2.2, 9.4.2. 9.6.4, 9.10.4, 10.1.4. 10.2.5, 11.1.2. 11.2.1, 11.3.7, 13.4.2. 13.5.2 Limitations of Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3. 3.8.2, 3.10, 3.12.5, 3.15.1. 4.2.1, 4.2.7, 4.2.11, 4.3.2, 4.3.3. 4.3.4.4.3.6, 4.3.9. 4.5.4.2. 5.2.1. 5.2.3, 6.2.4, 7.3.4. 7.4. 8.2, 9.5, 9.6.2, 9.8. 9.9, 9.10, 11.1.3, 11.3.1. 11.3.2. 11.3.5, 11.3.6, 12.2.1. 12.2.2. 13.5. 13.7 Limitations of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.11. 3.15.1.4.2.1,4.2.11,4.3.4.4. 4.5. 5.3. 5.4. 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.33, 9.4.1, 9.6.t, 9.7, 9.8.2, 9.10.2, 11. 1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Loss of Use Insurance ............. ............... 11.3.3 Material Suppliers .............. 1.3.1. 3.12.1. 4.2.4. 4.2.6, 5.2.1. 9.3.1, 9.3.1.2, 93.3, 9.4.2. 9.6.5, 9.10.4 Materials, Hazardous .............. .. .... if.1. 10.2.4 Materials, Labor, Equipment and ..... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2. 3.12.3. 3.12.7. 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4. 14 Means, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1, 4.2.3.4.2.7, 9.4.2 Minor Changes In the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1. 1.1.2. 3.7.3. 3.11. 4.1.2, 4.2.1. 5.2.3, 7, 8.3.1. 9.7 Mutual Responsibility ................................ 6.2 Nonconforming Work, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3. 2.4. 3.2.1, 3.2.2. 3.7.3. 3.7.4. 3.9. 3.12.8. 3.12.9, 3.17, 4.3, 4.4.4. 4.5, 5.2.1. 5.3. 5.4.1.1. 8.2.2, 9.4.I, 9.5.1, 9.6.1, 9.7, 9.10. 10.1.2, 10.2.6, 11.1.3, 11.3. 12.2.2, 12.2.4, 13.3, 136A. 13.5.2. 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.129.4.3, 4.4.4, 4.5, 5.2.1, 5.3. 5AAA, 8.2.2, 9.4.1. 9.5.1. 9.7. 9.10, 10.1.2, 16.2.6, 11.1.3, 11.3. 12.2.2. 12.2.4, 13.3, 13.5.2. 14 Notice of Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.2.3.3.7. 3.13.7.3.6.4. 10.2.2 Observations, Architect's On -Site ................. 4.2.2, 4.2.5, 4.3.6. 9.4.2, 9.5.1. 9.10.1. 13.5 Observations, Contractor's ....................... 62.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 11.3.11 On -Site Inspections by the Architect .......... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2. 9.9.2. 9. 10.1 On -Site Observations by the Architect ......... 4.2.2, 4.2.5.4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Orders, Written ............ 2.3. 3.9, 4.33, 7, 8.2.2, 11.3.9. 12.1. 12.2. 13.5.2. 14.3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, information and Services Required of the........ 2.1.2, 2.2, 4.3.4, 6, 9, 10.1.4. 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Owner's Authority ......... 3.8.1, 4.1.3. 4.2.9. 5.2.1. 5.2.4, 5.4.1, 7.3.1, 8.2.2, 9.3.1, 9.3.2. 1IA. 1. 12.2.4, 13.5.2. 14.2. 14.3.1 Owner's Financial Capability ................... 2.2.1, 14.1.1.5 Owner's Liability Insurance .......................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 Owner's Relationship with Subcontractors ............... 1.1.2, 5.2.1, 5.4.1, 9.6.4 Owner's Right to Carry Out the Work ........ 2.4, 12.2.4. 14.2.2.2 Owner's Right to Clean Up ............................ 6.3 Owners Right to Perform Construction and to Award Separate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ 1.1.1,1.3, 2.2.5, 5.3 Partial Occupancy or Use ................. 9.6.6.9.9, 11.3.11 Patching, Cutting and .......................... 3.14, 6.2.6 Patents, Royalties and .............................. 3.17 Payment, Applications for ................ 4.2.5, 9.2, 9.3, 9.4, 9.5.1. 9.8.3. 9.10.1. 9.10.3. 9.10.4, 14.2.4 Payment, Certificates for ........... 4.2.5. 4.2.9, 9.3.3, 9.4, 9.5. 9.6.1, 9.6.6. 9.7.1, 9.8.3. 9.10.1. 9.10.3, 13.7, 14-1.1.3. 14.2.4 Payment, Failure of .......................... 4.3.7. 9.5.1.3. 9.7, 9.10.2. 14.1.1.3, 14.2.1.2 Payment, Final ............ 4.2.1, 4.2.9.4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1 Payment Bond, performance Bond and .............. 7.3.6.4, 9.10.3, I1-3.9.11.4 Payments, Progress .......................... 4.3.4, 9.3, 9.6, 9.8.3. 9.10.3. 13.6. 14.2.3 PAYMENTS AND COMPLETION ...................... 9,14 Payments to Subcontractors .................... 5:4.2, 9.5.1.3, 9.6.2. 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB.............................................. 10.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9.10.3. 11.3.9. 11.4 Permits, Fees and Noll:........ 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl ............................. 10.1 Product Data, Definition of ........................... 3.12.2 Product Data and Samples, Shop Drawings .... 3.11.3.12, 4.2.7 Progress and Completion ................... 4.2.2,4.3.4,8.2 Progress Payments ............................ 4.3.4, 9.3, 9.6. 9.8.3. 9.10.3,13.6, 14.2.3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 2.2.5 Project Representatives ............................. 4.2.10 Property Insurance ........................... 10.2.5.11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 13. 3.6, 3.7, 3.13, 4.1.1, 45.5, 4.5.7, 102.2, ILL. 11.3, 13.1, 13.4, 13.5A, 13.5.2, 13.6, 14 Rejection of Work ......................... 3.5.1. 4.2.6, 12.2 Releases of Waivers and Liens ......................... 9.10.2 Representations ......................... 1.2.2, 3.5.1. 3.12.7, 6.2.2. 8.2.1, 9.3.3. 9.4.2, 9.5.1, 9.8.2; 9. 10.1 Representatives ............................ 2.1.1, 3.1.1, 3.9, 4.1.1. 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4.4.5 Responsibility for Those Performing the Work ............ 3.3.2, 4.2.3. 6.1.3. 6.2. 10 Retainage ............... 9.3.1.9.6.2.9.8.3. 51.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor ............ 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Comncror's Submittals by Owner and Architect ............. 3.10.1, 3.102.3.11, 3.12, 4.2.7. 4.2.9. 5.2.1. 5.2.3, 9.2. 9.8.2 Review of Shop Dnwings, Product Data and Samples by Contractor ........................ 3,12.5 Rights and Remedies ............. 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6,4.3.6.4.5,53,6.1,6.3. 7.3.1, 8.3.1, 9.5.1. 9.7, 10.2.5. 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patents ............................... 3.17 • • 4 A201-1987 1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA' •©1987 THE AMERICAN INSTITUTE OFARCHITECTS,1735 NEWYORK AVENUE, N.W., WASHINGTON,OC. 2t%R16 • • Rules and Noticaa for Arbitration ..................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, 4.2.7,10.1 Samples, Definition of .............................. 3.12.3 Samples, Shop Drawings, Product Date and ... 3.11.3.12, 4.2.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, 9.3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, 3.14.2, 4.2.4, 4.5.5. 6, 11.3.7. 12.1.2, 12.2.5 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawings, Product Data and Samples.. — 3.11, 3.12, 4.2.7 She, Use of .............................. 3.13, 6.1.1, 6.2.1 Site Inspections ... 1.2.2, 3.3.4, 4.2,.2, 4.2.9, 4.3A, 9.8.2, 9.10.1, 13.5 Site Visks, Architect's ................. 4.2.2, 4.2.5. 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2. 9.9.2. 9.10.1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 SPectiitxtiorla, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1, 1.7.8, 1.1.7, 1.2,4, 1.3, 3.11 Statutes of Limltatlons .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3, 4.3.7, 9.7, 10.1.2, 10.3, 14.1 Stored Materials ........... 6.2.1, 9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Dentition of ........................... 5.1.1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations .............. 5.3, 5.4. 9.3.1.2.9.6.2. 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Submittals ......... 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6. 9.2. 9.3.1. 9.6.2, 9.9.1, 9.10.2, 9.10.3. 10.1.2, 11.1.3 Subrogation, Waivers of........... _ .... 6. 1,1, 13.3.5,11.3.7 Substantial Completion ............. 4.2.9. 4.3.5.2. 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1. 12.2.1, 12.2.2. 13.7 Substantial Completion, Definition of .................... 9.8.1 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect ...... . .................... 4.1.3 Substitutions or MaterlAs ............................. 3.5.1 Sub -subcontractor, Definition of ....................... 5.1.2 Subsurface Conditions .................... . .......... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.6 Supervision and Construction procedures ...... 1.2,4, 3.3, 3.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4. 7.1.3, 7.3A. 6.2. 8.3.1, 10, 12. 14 Surety ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2. 9. 10.3, 14.2.2 Surety, Consent of ....................... 9.9.1.9.10.2. 9.10.3 Surveys ..................................... 2,2.2,3.18.3 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Temination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes...................................... 3.6, 7.3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1.1,14.2 Termination of the Architect .......................... 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13.5 TIME............................................... 8 Time, Delays and Extensions of .............. 4.3.8, 7.2.1, 8.3 Time Limits, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.2.1. 4.2.11, 4.3. 4.4. 4.5, 5.3, 5.4, 7.3.5, 7.3.9. 8.2, 9.2, 9.3.1, 9.3.3. 9.4.1, 9.6.1, 9.7. 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4. 12.2.6, 13.7, 14 Time Limits on Claims ......... 4.3.2, 4.3,3, 4.3.6, 4.3.9, 4.4, 4.5 Tide to Work ................................. 9.3.2.9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions ..................... 4.3.6,8.3.1,10.1 Unit Prices .................................. 7.1.4, 7.3.3.2 Usc of Documents ................. 1.1.1, 1.3. 2.2.5, 3.12.7, 5.3 Use of Site .............................. 3.13, 6.1.1, 6.2.1 Values, Schedule of ............................ 9.2, 9.3.1 Waiver of Claims: Final Payment ........... 4.3.5, 4.5.1, 9.10.3 Waiver of Claims by the Architect ...................... 13.4.2 Waiver of Claims by the Contractor......... 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner .............. 4.3.5, 4.5.1, 9.9.3, 9.10.3, I1.3.3, 11.3.5, 11.3.7, 13.4.2 WalverofLlens.................................... 9.10.2 Waives of Subrogation ................... 6.1.1, 11.3.5,11.3.7 Warranty and Warrantiu ......................... 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.2, 9.9.1, 12.2.2. 13.7.1.3 Weather Delays ................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ... . ............................. 1.1.3 Written Consent .............. 1.3. 1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5. 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations ................... 4.2.11, 4.2.12, 4.3.7 Written Notice ........... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5. 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1. 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6. 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Written Orders .............................. 2.3. 3.9. 4.3.7, 7, 8.2.2, 11.3.9. 12.1, 12.2, 13.5.2, 14.3.1 - - FOURTEENTH EDITION AIAs •©1987THE AMERICANNO STITTUTEOFFA0. ARCHITECT'S. NEWYORKRACT 1OH OAVENUE,N,WNWASHINGTON.D.C.20006 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shag not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shag, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The tens "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor,. materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- mcm, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of Cie Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shag Identify such unsigned Docu. ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sertation that the Contractor has visited the site, become faind- W with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents arc comple- mentary, and what is required by one shag be as binding as if required by all; performance by the Contractor shag be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shag not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and urdess otherwise indicated the Architect shall be deemed the author of them and will retain ail common law, statutory and other reserved rights, In addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, andcopies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the n U • 6 A201-1987 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA- • 01987 THE AMERICAN INSTITUTE OFARCHITEC S. 1735 NEW YORK AVENUE, NW. WASHINGTON, D.C. 2p • • C J Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication In derogation of the Architect's copyright or other reserved rights. 1A 'CAPITALimioN 1.4.1 Terms capitalized in these General Conditions Include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an; ' but the fact that a modifier or an article is absent from one statement and appears In another Is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified is such in the Agreement and is referred to throughout the Contract Documents as if singular In number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within. five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REOUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfil the Owner's Obligations under the Contract. [Note.. Unless such reasonable mddence mere furnished on request prior to the execution of the Agreement, the prospecnoe contractor mould not be required to execute The Agreement or to commence the Work.l 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner Shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent s[mctures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such Copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to Correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the COnraC- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the par of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue Correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, Including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi. tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. CONDITIONS CONTRACT AIAe •©1987 THE AMERICAN INSTITUTE OFF ARCHITECTS,173CONSTRUCTION EWYORKAVENUE, NWNWASOHINGTON, D URTEENTH C21IKKK> A201-1987 7 A57 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, Inconsistencies or omissions discovered. The Contractor shag not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report It to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Comrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall ruefully compare such field Inca- suremens and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shag perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to die Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. - 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such poniors are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Uness otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warra s to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or Permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or pertained, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or Insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or ponions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Concoct Documents, the Contractor shag secure and pay for the budding permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- nations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, budding codes, and mles and regula- tions. However, U the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner In writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shag assume fug responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Iterns covered by allowances shall be -applied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shag not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the. Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; • r -I L • AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 8 A201-1987 AIAO 1019RT THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEWYORK AVENUE, N.W., WASHINGTON. D.C. 2IX w • r11 L .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (I) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent supertnten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shaft represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ. ing. Other communications shall be similarly confirmed on written request in each cue. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shaft not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi. cable execution of the Work. - 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections trade during Construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to Illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other Information furnished by the Contractor to illustrate materials Of equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal IS to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.6 The Contractor shaft review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Crooner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective Submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field _ measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shaft not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria Of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shaft confine operations at the site to area permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its pans fit together properly. 3.14.2 The Contractor shaft not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other. wise altering such construction, or by excavation. The Contrac. tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA*•©19R7THE AMERICANINSTITUTE OFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON,D.C.200Ur A201-1987 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At Completion of the Work the Contractor shag remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fags to clean up as provided In the Contract Documents, the Owner may do so and the cost thereof shag be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect across to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shag pay all royalties and license fees. The Contractor shag defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shag not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is requited by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3AS INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shag indemnify and hold harmless the Owner, Architect, Archi- tect's Consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work Itself) including loss of use resulting therefrom, but only to the extent caused in whole or in pan by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a patty indemnified hereunder. Such obligation shall not be consumed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to 2 party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the mdem mfrca-- lion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or(2) the giving of or the failure to give directions or instructions by the Architect, the Architect's Consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitatlons of authority of the Architect as set forth in the Contract Documents shag not be restricted, modified or extended without written Consent of the Owner, Contractor and Architect. Consent shag not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arNi ation. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in. the Contract Documents, unless otherwise mod::ied by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine In general if the Work is being performed in a manner indicw- ing that the Work, when completed, will be In accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or Continuous on -site inspections to check quality or quantity of the Work. On the basis of en - site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have Control over or charge of and wig not be responsible for acts or omissions of the Con- • C • AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 10 A201-1987 AIA-•©19B7 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW -i ORKAVENUE, N.W., WASHINGTON, D.C. 20006 • tractor, Subconuactors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra. tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or 2dvisabie for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made In good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time In the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Comractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise Specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construe - don Change Directives, and may authorize minor changes in the Work as provided In Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth In an exhibit to be Incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests wW be made with reasonable promptness and within any time limits agreed upon, If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished In compliance with this Paragraph 4.2, then delay shall not be recognized on account of (allure by the Architect to fur- nish such Interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the Intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such Interpretations and decisions, the Architect wW endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. - 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final If consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation Of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's hen. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been Implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAO 001987 THE AMERICAN INSTITUTE OFARCHITECI'S, 1735 NEWYORK AVENUE, N.W., WASHINGTON. D.C. 2=)6 A201-1987 11 a,�r 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, uniess otherwise agreed in writing the Contractor stall proceed diligently with perfor. mance of the Contract and the Owner shag continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims Final Payment The making of final payment shag constitute a waiver of Claims by the Owner except those arising from: .1 fiens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 tens of special warranties required by the Contract Documents, 4.3.6 Claims for Concealed or Unknown Conditions. if con- ditions arc encountered at the site which are (1) subsurface or Otherwise concealed physical conditions which differ mated - ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and In no event later than 21 days after fast observance of the conditions. The Archl- tect will promptly investigate such Conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contact Sum or Contract Time, or both. If the Architect detemlines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contact is justified, the Architect shag so notify the Owner and Contactor in writing, sating the reasons. Clams by either party in opposition to such determination must be made within 21 days after the Architect her given notice of the decision. If the Owner and Contactor Cannot agree on an adjustment in the Contact Sum or Contact Time, the adjustment shag be referred to the Architect for initial deter- mination, subject .to funkier proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contactor wishes to make Claim for an Increase in the Contact Sum, written notice as provided herein shag be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contactor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contact by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contactor wishes to make Claim for an increase in the Contact Time, written notice as provided herein shag be given. The Contractor's Claim shall include an estimate of Cost and of probable effect of delay on progress of the Work. h: the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather Conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either parry to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other parry's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other parry to investigate the matter. if a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary, actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archl- tect expects to take action, (3) reject the Claim in whole or in part, sating reasons for rejection, (4) recommend approval of the Claim by the other parry or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surery, if any, of the nature and amount of the Claim. 4.4.2 If a Claim her been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the pany making the Chin shag, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the Initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the panics in writing that the Architect's decision will be made within seven days, which decision shag be feral and binding on the patties but subject to arbitration. Upon expiration of such time period, the Architect will render to the panes the Architect's written decision relative to the Claim, including any change in the Contact Sum or Concoct Time or both. if there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, bur L, not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.6 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contact, or the breach thereof, shall be settled by arbitration in accor- dance with the Constriction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having ju,;-sWction thereof, except controversies or Claims relating to _sthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shag be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. n U • • 12 A201-1987 MR ALA DOCUMENT t301 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA- a ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORx AVENUE,. N.W. WASHINGTON, D.C. 20000 Cl 1� u • 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shag, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration In accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shag be filed In wilting with the other parry to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shag be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shag comply with Subparagraph 4.3.4. 4.SA When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the Larger of (1) the date on which the Architect has rendered a £Coal written tied - Mom on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Clain covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shag result in the Architect's decision becoming foul and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as'evidence, but shag not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shag be made within the time Rmlts specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and In no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute Of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shag Include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shag include, by consolidation or joinder or in any other manner, Parties other than the Owner, Contractor, a separate contrac. tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence Is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose Interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity sh;dl not constitute consent to arbitration 0172 dispute not described therein or with a Person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person Or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any Court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion Of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to Include a Claim through oversight, Inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shag be final, and judgment may be entered upon it in accordance with applicable law in any Court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS S.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" Is referred to throughout the Contract Documents as If singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or Indirect Contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a SuAsubcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as pray ticable after award of the Contract, shag fumish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to fumish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shag not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shag not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a Person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shag be issued. However, no Increase in the Contract Sum shag be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shag not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. Zvm�m ram • GENERAL CONDITIONS OF TIIE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION Ae.©19R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW, WASHINGTON. D.C. 20006 A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shag require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and. responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shag preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shag allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shag require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make Copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para. graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 if the Work has been suspended for more than 30 days, the Subcontractor's compensation shag be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction cc operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. U the Contractor claims that delay or additional cost Is involved because of such action by the Owner, the Contractor shag make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each Separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shag participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shag make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor tinder the Condi- tions of the Contract, including, without excluding others, those stated In Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor Shag afford the Owner and Separate con- tractors reasonable opportunity for introduction and storage of thcir materials and equipment and performance of their activi. ties and shag Connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If pan of the Contractor's Work depends for proper execution or results upon Construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in Such other construction that would render it unsuitable for such proper execution and results. Failure of the Contactor so to report shag constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be home by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters In question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each Separate contractor shag have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for aLaintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. • • 14 A201-1987 MAI AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA- •©19R7 THE AMERICAN INSTITUTE OFARCHITECTS,1735 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 2(X106 • • • ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without Invalidating the Contract, by Change Order, Construction Change Dirrtive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere In the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for 2 minor change In the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shag be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in 'the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial Inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, If any. 7.2.2 Methods tised in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract Consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a COWLIUCtion Change Directive, the Contractor shalt promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor Indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive Immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, Includ- ing, in cue of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3. the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment Insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, Includ. ing cost of transportation, whether Incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amouns not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Comrac- lor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credit, covering related Work or substitutions are Involved in a change, the allowance for overhead and profit shall be figured on the bass of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter. mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree. ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu. tion of an appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAa •O19A7 THE AMERICAN INSTITUTE OFARCHITE6-T5,1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 15 7.4 MINOR CHANGES W THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not Involving adjusunent in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period Of time, including authorized adjustments, allotted N the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is 2 reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 I to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shah notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's Liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of 2 separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be cIrtended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMEN TS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, inciud- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shag submit to the Architect 2 schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate Its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each Progress payment, the Contractor shag submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractors right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retaktage if provided for elsewhere In the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, Payments shall be made Do account of materials and equipment delivered and suitably stored at the site for subsequent mcor- potation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at 2 location agreed upon In writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with Procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shah include applicable insurance, storage and transpon:rtion to the site for such materials and equipment stored off the. site. 9.3.3 The Contractor warrants that title to all Work Covered by an Application for Payment will pass to the Owner no later than the time of payment The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractors knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making 2 claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the • • • AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • iOURTEENTH EDITION 16 A201-1987 AIA0 1®1987 THE AMERICAN INSTITUTE OFARCHITECTS,1735 NEW YORK AVENUE, N.W., WASHINGTON,DC. 20U06 W410, • • Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in Put as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing mpresenta- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor Is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (I) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Comrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in pan, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by. Subparagraph-9.4.2 cannot be made. If the Architect B unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph .9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nul ify the whole or a pan of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss bemuse of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat. ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the :fork in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification wW be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shag make payment in the manner and within the time provided in the Contract Documents, and shag so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, Upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor Is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors In similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, Information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shag be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. - 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable Costs of shutdown, delay and start-up, which shag be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently Complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its Intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shag proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work In accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA--©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006 A201-1987 17 -2V Dated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contact Documents, the Comac- tot shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contactor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shag establish the date of Sub- stantial Completion, shall establish responsibilities Of the Owner and Contactor for security, maintenance, heat, utilities, damage to the Work and insurance, and shag fit the time within which the Contactor shall finish all items on the list accompanying the Certificate. Warramies required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contactor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contactor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retaimge, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may Occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, rcumage if any, secu. rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contact Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit 2 list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial Occupancy or use, the Owner, Contactor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial Occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contact Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's Observations and inspections, the Work has been completed in accordance with terms and Conditions of the Contract Docu- ments and that the entire balance found to be due the Contac- tor and noted In said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shag become due until the Contactor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contact Documents to remain in force after finai payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contact Documents, (4) Consent of surety, if any, to final payment end (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to Indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shag refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting foul completion, and the Architect so confirms, the Owner shag, upon application by the Contractor and certification by the Architect, and without terminating the Contact, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retamage stipulated in the Con- tact Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shag be submit- ted by the Contactor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shag constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. • 0 • 18 A201-1987 WMIA AU DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA' ep1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N W. WASHINGTON, D.C. 21X" • • ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main. taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work In the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when It has been rendered harmless, by written agreement of the Owner and Contractor, or in 200017danm with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, ArcN- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area If in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been tendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in pan by negligent acts of omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a patty indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a patty or person described In this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be Incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors er Sub -subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of consuucrion. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage; injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in pan by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.t.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any pan of the construction or site to be loaded so as to endanger is safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractors discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided In Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA' •p1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW VORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 19 o2tl .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 clakns for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by Usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of Injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claim involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The Insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the Work Until date of fugal payment and termination of any coverage required to be main- tained after fmal payment. 11.1.3 Certificates of Insurance acceptable to the Owner shag be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shag be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other Insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance Unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property Insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false. work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required 2S 2 result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 if the Owner does not intend to purchase such prop- crty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so Inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified In the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this Insurance with voluntary deduc. tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless othcrvdse provided in the Contract OUCH - merits, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit! 11.3.2 Boller and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery Insurance required by the Contract Documents or by law, which shall specifically Cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - Subcontractors in the Work, and the Owner and Contractor shag be named insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Own" against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 if the Contractor requests in writing that Insurance for risks other than those described herein or for other special haz- ards be included in the property Insurance policy, the Owner shall, if possible, include such Insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. • • • 20 A201-1987 /6 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA- • 01997 THE AMERICAN INSTITUTE OFARCHITECfS. 1735 NE W YORK AVENUE. N.W. WASHINGTON. D.G. 2WO6 11 • 11.3.5 If during the Project construction period the Owner Insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erly insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights In accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes Insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defrni- Uons, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Walvera of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, subaubcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by Property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, Shall require of the Architect, Architect's consultants, separate contractors described in Article 6, If any, and the subcontrac- tors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest In the property damaged. 11.3.8 A loss Insured under Owner's property Insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their Interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of Insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a party In Interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost Of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit In a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in Interest may reach, or in accordance with an arbitration award in which case the Procedure shall be as provided in Paragraph 4.5. if after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shag be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of Insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the Insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac. tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or spedfCally required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga. tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shag permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it most, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 if a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and It shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the dare AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA--©19R7 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEWYORK AVENUE, N.W. WASHINGTON. D.C. 20006 A201-1987 21 CV 1 for commencement Of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shag give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not In accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been home by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have bome, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's Correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to Comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal ant! cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shalt nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE: 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do nor become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architen, Owner or public authorities having jurisdiction determine thit portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the. Contractor shall give timely notice to the Architect of %'lien and where tests and inspections are to be made so the Architect may observe such procedures. • • 22 A201-1987 a7A AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA- - 019117 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N W, WASHINGTON. D.C. 2rX106 • i • The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated Procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 if the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shag commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certili- Cate for Payment As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of Issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date Of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work Is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-d2y period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 if one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work; the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAs•(D1987TIiEAMF..RICANINSTITI)TEOFARClilTECI'S,1735 NEWYORK AVENUE, N.W., WASHINGTON. D.C. VXX16 A201-1967 23 a73 • tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated In Subparagraph 14.2.1, the Contractor shah not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Soon exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the care may be, shall be certified by the Architect, upon 2pph- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor In writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may detemline. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shah be made tothe extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. • AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION 24 A201-1987 AIA--©1987 THE AMERICAN INSTITUTE OFARCHITECI'S.1735 NEWYORK AVENUE, N.W., WASHINGTON. D.C. 200116 '1-7 4 3187 • • • Upon a motion by Commissioner Oscar Hahn , seconded by Commissioner Roy Smith and carried, the following order was adopted and entered: ORDER SETTING TAX RATES AND LEVYING TAXES At a regular term of the Commissioners Court of Calhoun County, Texas, held on this 15th day of September, 1989, there having come for hearing the matter of levying the ad valorem tax for Calhoun County, Texas, in connection with the 1989 tax roll, and the setting of the rates therefor, and it appearing to the Court that the County budget for Calhoun County, Texas, for the year 1990 was officially adopted by the Court at a term thereof held on the llth day of September, 1989; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS AS FOLLOWS: Section 1. [hat the following rates of tax be, and they are hereby levied on each One Hundred Dollars ($100.00) of assessed valuation of taxable property in Calhoun County, Texas, as the same appears on the 1989 tax roll, these tax rates having been included in the 1990 County budget heretofore adopted by this Court: COUNTY TAX: General Fund $.170434 Road and Bridge Fund .017041 $.187475 Farm to Market and Lateral Road Fund .025884 TOTAL COUNTY -WIDE RATE $.213359 PASSED AND APPROVED this 15th day of September, 1989. CO By: ATTEST: ary UDIS McMahan, oun v r_eerT< W1 ALHOUN COUN5-V_ TEXAS z, noun A75 ACCOUNTS ALLOWED - COUNTY Claims totalling $141,868.40 were presented by the County Auditor, and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $26,527.36 were presented by the County Auditor, and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. THE COURT ADJOURNED. SPECIAL SEPTEMBER TERM THE STATE OF TEXAS j( COUNTY OF CALHOUN X HELD SEPT. 27, 1989 BE IT REMEMBERED, that on this the 27th day of September, A. D. 1989, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: • C J • o?.0 • TAXES - DISCOUNT FOR EARLY PAYMENT Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following order be passed allowing dis- count for early payment of taxes: ORDER ALLOWING DISCOUNT FOR EARLY PAYMENT OF TAXES BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS Section 1. That a discount for early payment of county ad valorem taxes for the year 1989 shall be allowed as authorized by and in accordance with the provisions of Sec. 31.05(b) of the Property Tax Code. Section 2. That such discount for the early payment of county ad valorem taxes shall also be allowed for each year subsequent to the year 1989 until such time as this provision is rescinded by this court. • Section 3. Such discounts shall also apply to taxes for all units for which Calhoun County collects the taxes. PASSED AND APPROVED this 27th day of September, 1989. is S a%7 HEALTH DEPARTMENT - AMENDMENT TO SALARY ORDER Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the following order be approved amending the salary order for the health department: SALARY ORDER AMENDMENT STATE OF TEXAS § COUNTY OF CALHOUN § WHEREAS, on the 9th day of January, 1989 the Calhoun County Commissioners Court passed and approved an Order to compensate county officials, supervisors, and permanent employees; and WHEREAS, the Texas Department of Health has advised the Commission- ers Court that the vacant Clerk II (.81 FTE) position in the Calhoun County Health Department will be converted to a locally paid grant reimbursed position, $858 per month in salary and $215 per month in fringe benefits effective, September 1, 1989; and WHEREAS, the Clerk II position was previously included in the 1989 County's budget for a total amount of $6,590 ($274.58 semi-monthly) • for a part-time clerk, and WHEREAS, the Salary Order needs amending to reflect the increased salary; NOW, THEREFORE, BE IT ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT to amend the Salary Order passed on January 9, 1989, in regard to the Calhoun County Health Department, as follows: 1. The part-time Clerk position be changed to full-time Clerk II position, and to amend the semi-monthly salary of the Clerk, from $274.58 semi-monthly to $429.00 semi-monthly, effective October 1, 1989. PASSED AND APPROVED, by the Calhoun County Commissioners Court on September 27, 1989. COMMISSIONERS By \, Alex )). fdi''nandez, County Judge Leroy 5 ner, Prec. #1 z a Stan_,ejy L Mikula, Commissioner, Prec.#2 Roy jg'- Smith, ssigner, Prec. #3 • Oscar F. Hahn, Commissioner, Prec. #4 4700 ATTEST : ac n Mary L i_s McMahan,, County Clerk BIDS AND PROPOSALS - HOSPITAL, ORTHOPEDIC EQUIPMENT Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the County Auditor be authorized to advertise for bids for Orthopedic Survey Table, Mobile C-Arm/Monitor Equipment, Video System,Articular Power System and Power Equip- ment with bid opening set for October 13, 1989. CHILD WELFARE ALLIANCE Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following persons be named to the Child Welfare Alliance Board of Calhoun County: Mary Allen, Steve Carter, Linda Caruthers, Ethel Jecker, David Kabela, Melissa Morris, Patricia Munsell, Gloria Ornelas, Jessie Rodriguez, Alma Suggs, Linda Ward, Joetta Washington and Betsy Wilson. BIDS AND PROPOSALS - TRUCKS The Court discussed previous action taken in which the Court awarded the bid for dump trucks to the second low bidder. Eventhough the low bidder, Barrett White GMC, was notified of this meeting no one from that company was present. • By general consensus the Court agreed that the initial award to Main Ford Mercury was the lowest and best bid and that . part of the reason that the bid of Main Ford Mercury was the -lowest and best bid was that all the warranty work would have to be done out of Calhoun County if the bid of Barrett White GMC is accepted. • CHOCOLATE BAYOU TRAILER PARK Lee Umphries met with the Court to discuss the sewage problem at Chocolate Bayou Trailer Park. He said he would like to know who has responsibility or juris- diction to correct the problem. Commissioner Belk said it is the County's responsibility for the health and welfare of the citizens and he also mentioned that a park is going to be built in the area and that a sewer line is to be installed which could possibly be available to the trailer park to hook onto:. ACCOUNTS ALLOWED - COUNTY Claims totalling $76,711.11 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. EM ACCOUNTS ALLOWED - HOSPITAL Claims totalling $83,362.81 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Smith, and carried, that said claims be approved for payment. HOSPITAL - MANAGEMENT Members of the Hospital Board met with the Court to discuss immediate hospital management due to the fact that the Adminis- trator will be leaving. The Board said they are now taking resumes for an Administrator but does not feel any change is necessary at this time as to the management of the hospital. The question arose as to whether the doctors intend to build a hospital and most present agreed that since Dr. Kirby Smith resigned.from the Hospital Board it appears there is a good chance that the doctors will build a private hospital. The doctors were quoted as saying they have been promised a new hospital for at least 10 years. The question came up about the difficulty of finding qualified physicians to staff two hospitals in Port Lavaca and if the County decides to be in real competition something will cer- tainly have to be done with the present hospital as to renova- tion. Someone asked who has the authority to hire the Hospital Ad- ministrator.and they were told the Hospital Board has that authority. Members of the Hospital Board were asked if they were in agree- ment to renovate the hospital and they said they will do with whatever they are given to work with. A representative of Methodist Hospital said they provided support services and not management services. He mentioned the following services available thru them are: (1) Financial Expertise (2) Medicare Reimbursement (3) Capital. Planning (4) Operations Management (5) Strategic Planning (6) Materials Management (7) Capital Purchasing Assistance (7)Human Resources (8) Patient Relations (9) Educational Resources (10) Skills Enhancement Workshops (11) Physician Recruitment'(12) Continuing Medical Education. He was not prepared at this time to quote a fee for these services. TAX ROLL - 1989 APPROVAL Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the following order approving the 1989 Tax Roll for Calhoun County be approved and the County Judge authorized to sign said order. • • • ORDER APPROVING CALHOUN COUNTY TAX ROLL FOR 1989 WHEREAS, the Chief Appraiser for the year 1989 has heretofore certified the appraisal roll to the Tax Assessor, and the appraisal roll with tax amounts shown, which now constitutes the tax roll, has been submitted to the Commissioners Court, and WHEREAS, pursuant thereto the Chief Appraiser has compiled the Calhoun County tax roll for the year 1989 as required by law and that the certificate contained on the State Property Tax Board 1989 County Report of Property Value (which report has been prepared by the Chief Appraiser) has been signed and executed; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN • COUNTY, TEXAS: Section 1. That said Calhoun County Tax Roll for the year 1989 be and the same is hereby approved. PASSED AND APPROVED this 27th day of September, 1989. ATTEST: Mary Lois McMahan, County Clerk • By OF CALH91ML COUNTY, TEXAS Alex R. H)6rnandez, County t 0 CALHOUN COUNTY 1989 TAX ROLL AND LEVY DESCRIPTION ASSESSED VALUE TAX LEVY Calhoun County $1,611,016,355 $3,019,044.65 Farm & Lateral Road 1,602,392,166 413,417.18 Total 3,432,461.83 I, A. K. Monroe, Tax Assessor -Collector of the Calhoun County Consolidated Tax Office, do solemnly swear that the tax roll and levy above contains a correct and full list of the real and personal property as submitted to me by the Calhoun County Appraisal District. A. K. roe, Tax Assessor-Cullector Calhoun County Consolidated Tax Office Subscribed and sworn to before me this 27th day of September, 1989. THE COURT ADJOURNED. Y��, / a r aker, No ary Public in and for Calhoun County, Texas My commission expires 05-18-91 NANCY W. BAKER i y I Notary Puhlic, State of Texas j G My Commission Expires 5118191 4 n U • • OVA REGULAR OCTOBER TERM THE STATE OF TEXAS j( COUNTY OF CALHOUN X HELD OCTOBER 9, 1989 • BE IT REMEMBERED, that on this the 9th day of October, A. D. 1989, there was begun and holden at the 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, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: GUADALUPE RIVER OAKS SUBDIVISION - SEWAGE Bill Miller with the Health Department met with the Court to discuss complaints received about sewage problems in the •Guadalupe River Oak Subdivision. He reported to the Court that he had made four trips to the area and had found no problem. He did say he was concerned with travel trailers that appear to be there permanently since they are on blocks and not elevated. CONTRACTS AND AGREEMENTS - AMENDMENT TO CONTRACT, MERCER CONSTRUCTION COMPANY, MAGNOLIA BEACH WASTE WATER TREATMENT PLANT Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the contract be amended from 10% retainage to 5% retainage and that the County Judge be authorized to sign all necessary papers. GOLDEN CRESCENT REGIONAL PLANNING COMMISSION Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that Commissioner Hahn be appointed to the Board of Directors •and Commissioner Smith be appointed to the General Assembly of the Golden Crescent Regional Planning Commission. CALHOUN COUNTY DRAINAGE DISTRICT NO. 8 - COMMISSIONERS Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that Melbourn Shillings, Pat Lundin and Louis Foester be appointed Commissioners of Calhoun County Drainage District No. 8. HOSPITAL -.TOPOGRAPHIC SURVEY, G & W ENGINEERS • Motion by Commissioner.Belk, seconded by Commissioner Mikula, and carried, that upon the recommendation of Page, Southerland and Page, the Court sign a contract with G & W Engineers, Inc. to do topographic survey and that Commissioner Hahn be appointed inspector for the County and he be notified 8 hours in advance each time a field party is sent to the hospital location. HOSPITAL - MEMORIAL MEDICAL CENTER BOARD OF TRUSTEES Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the resignation of Dr. J. Kirby Smith be accepted to be effective immediately from the Board of Trustees of Memorial Medical Center. Upon motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that Dr. Audencio Alanis be appointed as a Trustee on the Board of Trustees of.Memorial Medical Center to fill the unexpired term of Dr. J.Kirby Smith. • TEXAS COMMUNITY DEVELOPMENT PROGRAM, DEPOSITORY -GRANT, FORMOSA IMPACT STUDY Motion by Judge Hernandez, seconded by Commissioner Belk, and carried, that County Auditor Ben Comiskey and County Judge Alex Hernandez be designated as the authorized signators on the Texas Community Development Program Depository/Authorized Signatory Designation Form. BIDS AND PROPOSALS - CARS, SHERIFF'S DEPARTMENT Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the County Auditor be authorized to advertise for bids for four cars, with trade-in, with bid opening set for November 13, 1989. • FAMILY COUNSELING SERVICES Dr. Diana Terasaki met with the Court to see if some space is available to hold counseling services since Charter Hospital in Corpus Christi has agreed to send one of their Certified Counselors to Port Lavaca one day per week to assist her in Family Counseling Services. Commissioner Mikula said he has spoken with the Hospital Adminis- trator and they had determined that an area of the hospital would a 4-.' be available in the hospital. Commissioner Hahn told Dr. Terasaki that the Senior Citizens Center also has a room available. Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the Commissioners Court adopted the Family Counseling Services proposal based on the presentation by Dr. Diana Terasaki and that we recommend to the Hospital Board of Trustees that Memorial Medical Center sponsor the program and • provide a facility for providing the counseling services; this proposal is for approximately 8 months from 10-23-89 to June 15, 1990 and prior to that time is to be evaluated by Commissioners Court and Board of Trustees of Memorial Medical Center before comtinuation of the Family Counseling Services program. TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT The Tax Assessor -Collector presented her monthly report and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Hahn, and car- ried, that said report be approved. APPROVAL OF MINUTES • Minutes of meeting held by the Commissioners' Court on July 13th, 14th and 31st, August 14th, 18th and 31st and a portion of the meeting held on September llth we read, whereupon a motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried, that said minutes be approved as read with the addition.that Judge Hernandez turned the meeting over to the County Judge Pro Tem when the discussion came up concerning the salary of the County Judge. ACCOUNTS ALLOWED - COUNTY Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the statement of Mercer Construction Company in the amount of $56,913.54 be approved for payment. ACCOUNTS ALLOWED - COUNTY • Claims totalling $622,996.06 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Hahn, seconded by Commissioner Smith, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL 1. Claims totalling $262,636.43 were presented by the County Auditor and after reading and verifying same; a motion was made by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. COUNTY.TREASUREW S MONTHLY.AND.:QUARTERLY REPORTS : r The County Treasurer presented her monthly and quarterly reports and after reading and verifying same, a motion was made by Commissioner Smith, seconded by Commissioner Hahn, and carried, that said reports be approved. (quarterly report recorded on pg.287) TEXAS;INDUSTRIES FOR -THE BLIND AND HANDICAPPED Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following Resolution be entered: (Resolution recorded on pg. 288) C - r • • Ri • • CALHOUN COUNtY, TEXAS STATEMENT OF BALANCES Balance Balance 7/1/89 Receipts Disbursements 9/30/89 General $3,953,647 $ 282,247 $1,348,483 $2,887,411 Road & Bridge General 2,351,040 85,205 312,340 2,123,905 Road & Bridge Pct. 1 156,065 72,358 81,917 146,506 Road & Bridge Pct. 2 50,275 81,403 83,647 48,031 Road & Bridge Pct. 3 110,283 52,487 52,497 110,273 Road & Bridge Pct. 4 205,903 140,819 117,690 229,032 FM -Lateral Road 657,429 19,690 53,020 624,099 Road Maint. Pct. 1 59,660 1,345 -o- 61,005 Road Maint. Pct. 4 8,041 182 -o- 8,223 Lateral Road Pct. 1 3,798 58 3,828 28 Lateral Road Pct. 2 3,798 58 3,828 28 Lateral Road Pct. 3 3,798 58 3,828 28 Lateral Road Pct. 4 3,798 58 3,828 28 Flood Control Pct. 1 68,762 1,550 255 70,057 Flood Control. Pct. 2 1,638 33 -o- 1,671 Flood Control Pct. 3 10,324 232 -o- 10,556 Flood Control Pct. 4 975 22 -o- 997 Sanitary Landfill 187,405 54,214 40,779 200,840 Sanitary Land. Replacement 9,409 45,697 -o- 55,106 Airport Maintenance 11,787 2,511 2,892 11,406 Bank Franchise Tax 65,726 1,478 -o- 67,204 Law Library 64 2,519 1,861 722 Library Gift Memorial 127 -o- -o- 127 Voter Registration 4,433 100 -o- 4,533 Fine & Court Costs Holding 9,997 14,253 18,210 6,040 Donations 15,537 14,873 12,828 17,582 Grants 14,926 4,074 4,561 14,439 Juvenile Probation 4,279 17,646 14,740 7,185 Sesquicentennial Committee 6,863 ill 6,974 -o- Calendar Committee 3,029 48 3,077 -o- Dist. Court - Inprest Jury 238 5,421 3,462 2,197 County Court- Inprest Jury 918 811 1,260 469 Cap. Proj.-New Library Bldg. -o- 10,551 -o- 10,551 Cap. Proj.-Beach Sewer System -o- 111,480 11,480 100,000 Community Development -o- 12,460 12,460 -o- Hospital Operating 1,026,676 1,500,806 1,671,963 855,519 Hospital EMS Sinking 78,527 1,745 8,218 72,054 Hospital Memorial 96 1 -o- 97 Indigent Healthcare 682 208,546 208,324 904 Totals 59.089.953 ,52,747,150 $4.088,250 $7,748,853 We the undersigned County Judge and Comnissioners i Texas, hereby certify that we have this date made a the County Treasurer's quarterly report, filed with 1989, and have found the sane t WITNESS OUR HANDS, day of n and for Calhoun County, n examination of and crnrpared us on this day of o be correct andin due order. 1989. SWORN TO AND SUBSCRIBED BEFORE ME, County Judge and County Commis i ers of said Calhoun County, each respectively, on this. 9 t, day of and , 1989. BEFORE ME, THE undersigned Marek, County Treasurer of report is true and correct, authority on this day personally appeared Sharron Calhoun County, says that the within and foregoing FILED_MR RECORD M r/ - _gLN. i day - day of Sharron Marek, County 'treasurer of , 198,9 and recorded .1989. 989• � Mary Luis McMahan, County Clerk STATE OF TEXAS § RESOLUTION AUTHORIZING CALHOUN COUNTY § TO ENTER INTO AGREEMENT WITH TEXAS COUNTY OF CALHOUN § INDUSTRIES FOR THE BLIND AND HANDICAPPED TO PURCHASE SERVICES OR PRODUCTS RESOLUTION Whereas, the Calhoun County Commissioners Court has been advised of the products and services produced and offered by the blind and handicapped citizens of Texas; and WHEREAS, these products and services are marketed by the state designated non-profit orginations, Texas Industries for the Blind and Handicapped; and WHEREAS, Section 122.014 of the Human Resources Code and Attorney General's opinion JM-444 authorize political subdivisions of the state to purchase products or services produces by blind or other severely disabled persons without competitive bidding; and WHEREAS, the Calhoun County Commissioners Court wishes to express its commitment to the blind and handicapped citizens of Texas by procuring their products; now, therefore, BE IT RESOLVED that the Calhoun County Auditor's Office is hereby authorized to purchase from TIBH from their published catalog where the items meet Calhoun County specifications and the catalog price does not exceed the current established price. nog PASSED AND APPRi Attest; Au if at.o MarjV Lois McMahan County Clerk THE COURT RECESSED UNTIL FRIDAY, OCT. 13TH, 10:00 A. M. • • • OCTOBER 13, 1989, 10:00 A. M. JUDGE HERNANDEZ ABSENT r 1 L • BIDS AND PROPOSALS - ORTHOPEDIC EQUIPMENT, HOSPITAL The following bids were received for orthopedic equipment for Memorial Medical Center. Hank Watson with Gilbert X-Ray told the Court offered by their company would be offered at with a full warranty of a new machine. BID WORKSHEET that the demo a reduced price rn.0 QEC._E10I)F.L _ 9i- h1C1lJ J.L,E_C. _RF,l.I I MAGC;_.-I I-! T E;)JS I F,I ER. OILBEP.T X-RAY CONP'ANY B/D X--RAY COMPANY RE.FURDC,0 X--F•;AY TEXRAY. IN(:.. ARTHR )SCOPIc POWFR SHAVINFG .'-SYSTEM STORZ SURGICAL INSTRUMENT;-+ SI RYKER CORPORATION ZIMMER-ZAMPESE. ASSI7CIA'I"ES VIDEO AR'UIFiOSCOF_Y__al'S(ktt S'TORZ SURGICAL. INSTRUMENTS,, SI RYKER CORPORAI ION :_IMMEII-ZAMPESE A.':39OCIA`FE'.':'_i tp"� ... ..... .._.,_50__�0_......__/l� 17�r,.... o ..o... ._... _ /��Oa GEC 890'.._00.__ k;IFt51:FINE.R P 100 ORTHOPEDIC tall?GEa;:Y TAEL.E 1'0Fi USE W111-1 C—ARM k::IRSCHNER--SMITH MEiDICAL CROSSROADS ORTHOPEDICS, F'.t. Gdg" • Motion by Commissioner Smith, seconded by Commissioner Hahn, and carried, that the low bid of Stryker Corporation in the amount of $4,679.85 be accepted for a Orthoscopic Shaving System and the low bid of Crossroads Orthopedics for Kerschner 5100 Ortho- pedic Surgery Table for use with C-Arm,which is a used surgery table, be accepted in the amount of $11,000.00. . Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the bids for the Video Orthoscopic System and OEC Model 901 Mobile C-Arm Image Intensifier be tabled until October 31, 1989. CALHOUN COUNTY APPRAISAL DISTRICT - BOARD OF DIRECTORS Motion by Commissioner Smith, seconded by Commissioner Hahn, and carried, that the following Nominating Resolution be adopted. Ll 9 NOMINATING RESOLUTION WHEREAS, Section 6.03 of the Texas Property Tax Code entitles the County of Calhoun to nominate'a candidate for each directorship on the Board of the Calhoun County Appraisal District, and, WHEREAS, the County of Calhoun desires to avail itself of that nominating privilege, THEREFORE, BE IT RESOLVED, that the County of Calhoun does here- • by nominate Richard Barton Jessie Rodriguez Veronica Henderson Sue Traylor Leonard Dreymala to serve on the Board of Directors of the Calhoun County Appraisal District for the two (2) year term ending December 31, 1991. PASSED AND APPROVED, this 13th day of October, 1989. .ATTEST: Mary L*s McMahan, County Clerk Alex R. H snandez, County Judge By: Leroy Belk,'County Judge Pro-Tem W ACCOUNTS ALLOWED - COUNTY Claims totalling $51,979.91 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. • ACCOUNTS ALLOWED - HOSPITAL Claims totalling $132,917.58 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. THE COURT ADJOURNED. SPECIAL OCTOBER TERM THE STATE OF TEXAS • COUNTY OF CALHOUN X HELD OCTOBER 30, 1989 BE IT -REMEMBERED, that on this the 30th day of October, A. D. 1989,•there was begun and holden at the Court'.iouse in the City of Port Lavaca, said County and State, at 1:00 P. M. a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: COUNTY FINANCES - FUTURE CONSTRUCTION PROJECTS • John Grice with NUMA Financial Services and Carlos Flores with Flores & Associates, Architects, met with the Court to discuss lease purchase financing for construction purposes in anticipa- tion of future growth needs for Calhoun County. Mr. Grice explained they would finance and construct a facility A91 and the County could buy it on a lease purchase agreement but the facility would be built to county specifications. He used a jail as an example. He said the lease purchase agreement does not start until the facility is completed but at that time everything needed to operate a jail is there when product delivered. Included in the cost would be the architect fees eventhough the Architect .would be employed by the County. The Court took no action. • THE COURT ADJOURNED. SPECIAL OCTOBER TERM HELD OCTOBER 31, 1989 THE STATE OF TEXAS X COUNTY OF CALHOUN BE IT REMEMBERED, that on this the 31st day of October, A. D. 1989, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M. a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court towit: • Alex R. Hernandez County Judge Leroy:Belk, :a Commissioner, Prct. 1 Stanley Mikula Commissioner, Prct. 2 .Roy Smith Commissioner, Prct. 3 Oscar F. Hahn Commissioner, Prct. 4 Mary Lois McMahan County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - CHAIN LINK FENCE & COMPUTER EDP INSURANCE No bids were received for computer EDP insurance. The following bids were received for chain link fence for the sanitary landfill property: Comet Fence Co. $16,495.00 Hurricane Fence Co. $17,850.00 Motion by Commissioner Hahn, seconded by Commissioner Belk, and carried, that the low bid of Comet Fence Co. in the amount of • $16,495.00 be accepted for chain link fence for the sanitary landfill. 019a• BIDS AND PROPOSALS - ORTHOSCOPIC EQUIPMENT, HOSPITAL Concerning bids which were opened October 13, 1989, the Court notified B-D Xray Co. and Stryker Corp. of this meeting today in compliance with the law that the low bidder be notified if it appears that the low bid may not be accepted. • Judge Hernandez explained that the law not only states "low bid" but "lowest and best bid". Bidders were given an opportunity to explain their bids. Stryker Corporation did not have a representative present. The Zimmer-Zampese representative stated their bid for the Video Orthoscopic System included the following: RGB Camera with 20" Monitor. $14,000.00 2 Orthoscopes 4,700.00 Scope Sheath and Opturator 700.00 VHS Video Tape Recorder 1,500.00 3 Year Warranty Back -Up Cable Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the bid of Zimmer-Zampese Corp, be accepted for the Video Orthoscopic System in the amount of $27,800.00. • Jim Mooney reported to the Court that after further review, Pam Lambden, Hosp. Administrator, recommended that the bid of B-D Xray Co. be accepted for the OEC Model 901 Mobile C-Arm Image Intensifier, whereupon a motion was made by Judge -Hernandez, seconded by Commissioner Belk, and carried, that the lowest and best bid for the OEC Model 901 Mobile C-Arm Image Intensifier be awarded to B-D Xray Co. of Fort Worth, Texas, at a cost of $57,225.00. BIDS AND PROPOSALS - COMPUTER EDP INSURANCE Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the County Auditor be authorized to advertise for bids for Computer EDP Insurance with bid opening set for January 8, 1990. • CHILD WELFARE BOARD Motion by Commissioner Smith, seconded by Commissioner Mikula, and carried, that Kay Sanderford and Sandy Bennett be named to the Child Welfare Board. CONTRACTS AND AGREEMENTS - REQUEST FOR AMENDMENT.TO EXISTING APPLICATION - REINVESTMENT ZONE AND TAX ABATEMENT AGREEMENT, FORMOSA PLASTICS CORPORATION Larry Peyton with Formosa Plastics Corporation requested an amendment to the Tax Abatement Agreement to include areas in the Reinvestment Zone which were not included on the original • application. Cris Gonzalez representing the Mexican -American Political Action Committee stated his organization opposed anymore tax abatement to Formosa for the following reasons: (1) Jobs (2) Employment practices concerning Hispanics Mr. Peyton said Formosa is open to hiring Hispanics and working with the -Hispanic groups. He also said they have been working with Victoria College to start a Chemical Operator Course for some time and are also working to get a class in Port Lavaca. The course in an eight (8) week course. Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the Court table any action until After November 17th which is the time the City of Point Comfort will consider Formosa's request. • LIBRARY Dan Rollins, Building Committee Chairman, Joel Reitzer, Archi- tect, Larry Yarbrough, Chairman of the Fund Raising Committee, and other members of the Library Building Committee and Library Board, met to discuss construction of the new library. Mr. Yarbrough submitted the following report on the fund raising project: Library Site Donation $ 70,000.00 Grant 200,000.00 County 200,000,00 Cash Received 43;286.00 Pledges Received 33,000.00 $546,296.00 The estimated cost of construction is $675,000.00. • Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the County advertise for bids for construction of'_arnew library with bid opening set for November 30, 1989. OZ94- HEALTH DEPARTMENT - SANITARIAN II Bob Wilkins with the Victoria Health Department representing Dr. Patti Dodson, asked the Court if the Sanitarian II position could be changed to a Block Grant Position and • the County would be able to employ someone locally. The total Block Grant is $40,911.00 which would cover salary and benefits for a Clerk -Typist and Sanitarian. Motion by Commissioner Mikula, seconded and carried, that the County Judge and the proposal and report their findings ber. CLOSED SESSION - PERSONNEL by Commissioner Smith, County Auditor review to the Court in Novem- The Court being in open session in compliance with the perti- nent provisions of Sec. 3A of Art. 6252-17 of Texas Civil Statutes the County Judge as presiding officer publicly announced that a closed session would now be held under the provisions of Sec. 2g of said Art. 6252-17 for the purpose of considering personnel matters. The County Judge further publicly announced that before any • final action, devision or vote is made regarding the subject matter of said closed session, this meeting will be reopened to the public. • The Court then went into closed session. At the end of the closed session the meeting was reopened to the public but no final action, decision or vote with regard to any matter considered in the closed meeting was taken. SURPLUS PROPERTY, TRUCKS, PRECINCTS 1 AND 4 Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the trucks be declared surplus property and that the Precinct 1 truck be sold to Calhoun County Independent School District for $2,000.00 as per highest and best bid and the Precinct 4 truck be sold to the City of Seadrift as per the highest and best bid for $850.00. LIBRARY - PORT O'CONNOR Motion by Commissioner Hahn, seconded by Commissioner Belk, and carried, that the Port O'Connor Library be accepted as complete from the contractor. �9S UTILITY PERMIT — EXXON GAS SYSTEM, INC. — PRECINCTS I & 2 Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following be approved. Commissioner Belk abstained. 9-.7o-Sr't E7"ON GAS SYSTEM, INC. POST OFFICE BOX 4697 • HOUSTON. TEXAS 77210-4697 BIGHT OF W AV 6 C"IMS September 18, 1989 R/W File 85582 j Calhoun County Road Crossing Permits Honorable Judge Alex R. Herandez Calhoun County Judge Calhoun County Court House Port Lavaca, Texas 77979 Dear Judge Herandez: Exxon Gas System, Inc. (EGSI) plans to construct a 20-inch gas pipeline in Calhoun County which will cross several county roads. In this connection, EGSI respectfully requests a permit to cross the county roads and hereby submits to the county for its consideration, in duplicate, an application for the crossings. Attached to the application is Exhibit "A" showing the location, pipe detail and construction data for these crossings. We are also attaching a Cashiers Check in the amount of $2000 as required by Calhoun County. If you find our application in order, it is requested that both copies be signed and one returned to this office; however, if additional information is required, please contact this office collect at 713/775-6943. Very truly yours, R C . F��� C ntract Agent RCF:br Enclosures i • • ,2,91. PERMIT THE STATE OF TEXAS R/W File 85582 COUNTY OF CALHOUN } Calhoun County, Texas, for and in consideration of the covenants hereinafter set out does hereby grant to Exxon Gas System, Inc., a Texas • Corporation, (herein after called "Grantee") the right to lay and maintain a pipeline not to exceed 20 inches in outside diameter along and across certain county road rights -of -way in Commissioners Precinct No's 1 and 2 in Calhoun County, Texas, in accordance with the locations as shown on the attached Plats market Exhibit "A", and in accordance with the terms and provisions hereinafter set.out, to wit: (1) Grantee shall remove or relocate said pipeline at its own expense at any time it is requested to do so by the Commissioners Court of said County. (2) Grantee agrees to indemnify, protect and hold Calhoun County, Texas, harmless from all claims, demands and causes of action of every kind and character arising out of the exercise of the rights granted herein which are asserted by any person (including, without limitation, owners of other lines crossing the subject county roads, and the employees of both Grantees and Calhoun County) for personal injury, death or loss of or damage to property resulting from the negligence or misconduct on the part of Grantee. Where personal injury, death, or loss of or damage to property is the result of the joint negligence or misconduct of Grantee and Calhoun County, each party's duty of indemnification shall be in proportion to its allocable share of such joint negligence or misconduct. (3) It shall also be the responsibility of Grantee to handle traffic in a satisfactory manner during the installation of said pipeline. • (4) All backfill of any trench crossing county roads shall consist of suitable material and the top eight inches (8") of such fill shall consist of compacted processed road gravel. (5) The entire portion of said pipeline which crosses county road rights -of -way shall be a 20" O.D. x .406 W.T., Grade X-52 E.R.W. Pipe with a maximum operating pressure of 1000 P.S.I.G. (6) Grantee shall leave said road and rights-of-way.in as good or better condition as that which existed prior to the installation of said pipeline. Grantee has posted with said County a cash bond (in the form of a cashier's check) in the amount of $2000, which bond shall be held by said County for a period of two years from the effective date hereof, with the understanding that if it becomes necessary during said two years period for said County to repair said road or rights -of -way in order to bring the same back to their original condition, the expense thereof shall be paid from said sum of $2000 constituting said cash bond. It is controllingly understood; however, that even though said cash bond is limited to $2000 and to a period of two years from the effective date hereof, nevertheless Grantee agrees to protect, indemnify and hold said County harmless from the full amount of any damages to said roads or rights -of -way arising out of the installation, existence, operation, maintenance, removal, repair and/or replacement of said pipeline, regardless of the amount of such damages and regardless of the time when such damages occur. • (7) Said pipeline shall be buried at least five (5) feet below the centerline elevation of all paved county roads. (8) Grantee shall notify the commissioners of Precincts 1 and 2 48 hours prior to commencing the aforesaid construction of the 20" pipeline across Calhoun County roads. .'1 This permit shall become effective upon its written acceptance by Grantee, which acceptance shall be complete upon delivery thereof to said Calhoun County. Executed in duplicate originals this 3/,. day of A7�ob eR , 1989. CALe+nRr° i <ndez ATTEST: �D e�. Mary L is McMahan, County Clerk The above and foregoing permit is hereby accepted on this.9/-7,-day of &71-6 E g , 1989. EXXON GAS YSTENC. For By By i_ K. cSorley Agent and Attorney in Fact • • L • a PLAN Scele�l =20 14.: CALHOUN COUNTY, TEXAS NARCISO CAVASSOS LEAGUE, A-3 D e: 2 S S W aigg tli-pW e' y .Q S N +fl O N % Proposed 20"E. G.S I. plpellne I 4 Is" W 11 0•F I00 I. _.___ .- ___ _._ 'm 93 1' Min. fi Min. �6'Min 95 Proposed 20" E. G. S. I. Pipeline 90 -—u___—__ _ - _ 90 85 -_-__. -_— 85 PR0 F I T.B.M.+ N.E.tor.ConcSloEFor UTT Co Swlr 1+20 N. Meter SltetOEsson Co.OAc. Tr. 1"+20 V. Assumed Elee.• 100.00. LICONTMil 00 PIPELINE, NATURAL OAS MARBIER PIPE, 20'0.0. It.406" W. T. GRADE X 62 E.N.W. PIPE 46 VENTNPIPf PIPo PIPE, E, 5.1COATING, FUSION BOND EPDXY. 4.I MAXIMUM OPERATING PRESSURE! 1000 P.S.LC. i.i PIPELINE TO BE C1TN0OtCAR P PROTECTED. D. �,0����� E.I MARRING SIGN? TO BE OVtR PIPELINE ON .`N`r' "� p' EACH SIDE OF RIBNT-OP-WAY. 292-470-143 -G-14 APPLICATION BY PROPOSED 20m PIPELINE EXXON GAS SYSTEM, INC. CROSSING MILAM STREET DATED: AUGUST 11, 1989 CAL HOUN COUNTY, TEXAS so CALHOUN COUNTY, TEXAS NARCISO CAVASSOS SURVEY A-3 a F m F m F a O m ` T T m m i N m O \� T � \ • / O m o , 0 Propoud PO `E. G. S P/pe/iM 'b � • PLAN m—r N at � o � s 0 e b A Z O q y q i 6 • O b q Y A q b A B M = b i • 4 1 O O b O 4 Y b• D: • • Rot Q W W W �i W V W W W W Z W i W q A pqp b A b VI ♦q♦ O d O O O O O S 05 105 100 N'G. 1 100 95 6Min. Proposed PO-E.G.S. Pips/ins G Min. I M%n 95 90 90 PROFILE 5 c a e: V: I'm 2' H: I'2p' T.B.M. • N.E. Corner Of Cone. Slab For U.T.T. Co. = Meter Slb At Euon Corp. 10 Aare Tract. I.) CONTENTS OF PIPELINE: NATURAL GAS AeeageE El.,.. 100.00 2.) CARRIER PIPE; 20" 0. D.. AD WT. GRADE X.52 E R W. PIPE 3.)CASING PIPE: N/A A.) VENT PIPE; N/A 5.1 COATINGS FUSION BOND EPDXY 6.)MA%IMUM OPERATING PRESSURE: 1000 P.S.IG. &)WARNING TO BE CATNOOICAR P PROTECTED. EXHIBIT ?.) T/ARNINE SIGNS TO BE OVER PIPELINE TON E EACH SIDE OF RIGHT-OF-WAY. 292-470-143-G-13 APPLICATION BY PROPOSED 20" PIPELINE EXXON GAS SYSTEM, INC. CROSSING SANAN70NIO AVE. DATED: AUGUST 14,1989 CALHOUN COUNTY, TEXAS • • • 3cv:l CALHOUN COUNTY, TEXAS YSiDRO BENEVIDES SURVEY, A-38 3 e o m ; � O m Ri a • € k I 1 ''•' 2 I I I 1 90° PAOPOSEO 10"E6.S.I PIPELINE Oe ' ' I Wd N I e N WS F m m •'� h m e h m h m •I O � h n h n h h h 0 N PLAN S e a I— •—�� _ 20' /00 93 90 as PROFILE Stales 1": 20'V I"• 20'M. 0 CONTENTS OF PIPELINE: NATURAL GAS 2.1CARRIER PIPEz 20 0 D-e O.5CO W.T. GRADE %-52 E R.W. PIPE 5.)CASING PIPE: N/A A.) VENT PIPE: N/A 53COATING: FUSION BOND EPORY 6.)MAXIN.UM OPERATING PRESSURE'. 1000 P.S.I.G. T.)PIFELIN'E TO BE CATNCDICALLY PPOTECTFD. EEpp�`pp B.1 EACH SIDE EACH SIDE CF ROBE OVER PI SIGHS I BE OVER PIi ELINC Cq ����� tt!!!!�� �/ •BpAY,] t' yp 1 APPLICATIOA'J EY EXXON GAS SYSTI-A,', INC. DATED AUGUST 26, 1989 /00 93 90 es T B. M.. Top 2" Iron AN For N E. Como Fitner Troc, Aet°mod Elev. • 100. 00 292-470-143-G-05 •PROPOSF-D 20" PIPELIA:F CROSSING SWEET WATER ROAD CA L HOUN COUNTY, TEXAS 30 PLAN `s�ol—� 1'-zo' CALHOUN COUNTY, /00 93 90 88 T E X A YSIDRO BENEVIDES SURVEY, A- 38 y / 0 / 20. h Xh\ ON//"/tx/x g yh hA It PROFILE stRl.: r': do v- 1"= 20'H. OCONTENTS OF PIPELINE NATURAL GAS 2.)CARRIER PIPE: 20'O.0-0.500WT. GRADE X-52 E. R.W PIPE -)CA51NG PIPr. N/A <.) VENT PIPE' N/A S:I GDATIIIC� iUSION BOND EPDXY 6.1 MArINUM OPERATING PIN ESSURE:1000 P. S.L G. 7.j PIPELINE TO BE CATHODICALLY PROTECTED. 0.) WAPNI14G SIGNS TO BE OVER PIPELINE ON EACR SIDE OF RIGHT-OF-WA1. APPLICATION BY EXXON GAS SYSTEM, INC. DATED AUGUST 29, 1989 20 "E. G. 3 /. Wo 95 90 88 t 8. M. - TOP I' Boll In Power Pole (uu) Stu. 556 ♦ 71.8 8 31' Lt. A.mm., EXI. 100.00 292-470-143-G-I8 PROPOSED 2ON PIPELINE CROSSING PARK LANE CALHOUN COUNTY, TEXAS 10 [I • L • PLAN Scold-30 CALHOUN COUNTY, TEXAS PWr Pale PHILIP COLTER SURVEY, A-60 q D � m �! O �} J• N J U �T �T V y U i ti p e t m N N m• V O V \m m r t• w qJO '� a m O m0 ',• % \O O f m m qm a0 O 4 � O J • o O w Q—Prn. Polo II s n W y V x G 1D O ¢Oi a0aal w N A yA �In I0 p0ar Ob�O al YrT OmOT b IA 3> G. bai0 V> G>w oe O 4> OW IlW iCW2W 2WWW WWIW OW O O O 0 0 O O O O N A O ♦ A 0 U m O { 4 � N N N N N N n n n, n n nr n n nl IOG--.-"-` I - --.-- 93 _—__.. __.. _._ 6'Mia.'_ P go BS — PROFILE Scaler 1'• 30' H. B V. 1.1 CONTENTS OF PIPELINE' NATURAL GAS 2.1CARRIER PIPE, 20"O.D.s.406" W.T. GRADE X-S2 E.P.W. PIPE. 3.)CASING PIPE N/A 4.) VENT PIPE! N/A S)COATING- FUSION BOND EPDXY. 6.)MAXIMUM OPERATING PRESSURE, 1000 P.S.I.G. ].)PIPELINE TO BE CATHDOICALLY PROTECTED. f 10, 95 'E.6.SL Pier Nne 90 -- 85 T.B.M. a R.R. Splhe In Pwr. Polo 76.75'R1. 0/ Stuff" 152 ♦25.50. Assumed Elevation r 100.00' 0.)WARNING SIGNS TO BE OVER PIPELINE ON �� ryryry`ry1rrp EACH SIDE OF RIGHT-OF-WAY.Ma if 1 292-470-143-G-01 i APPLICATION BY PROPOSED 20" PIPELINE EXXON GAS SYSTEM, INC. CROSSING FOESTER ROAD DATED: JUNE 15, 1989 CALHOUN COUNTY, TEXAS 3c,3 PLAN Scol— �:Ir 20, 100 93 90 B3 CALHOUN COUNTY, TEXAS YSIDRO BENEVIDES SURVEY, A-38 PROFILE Scab: Imo• 2FV. 1 20 *H. 0 CONTENTS OF PIPELINE: NATURAL GAS 2.)CARRIER PIPE: 20-O.D.. O500'W.T. GRADE X-52 E.R.W. PIPE 31CASING PIP[: N/A A.) VENT PIPE: N/A S.)COATING: FUSION BOND EPDXY 6.)MAXIMUM OPERATING PRESSURE: 1000 PS. I.G. ?.)PIPELINE TO BE CATHODICALLY PROTECTED. 6.) WARNING SIGNS TO BE OVER PIPELINE ON EACH SIDE OF RIGHT-OF-WAY. EXHIBIT 2"E G S./ T. B M.. Too I* Boll H Powp PDX P 9R. 556 i?I.B C SILL M....B EI., • 100.00 292-470-143-G-17 APPLICATION BY PROPOSED 2011 PIPELINE EXXON GAS SYSTEM, INC. CROSSING BAYOU ROAD - DATED: AUGUST 29, 1989 CALHOUN COUNTY, TEXAS HOSPITAL - CONSULTING SERVICES Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that McKee Environmental Services be retained for consult- ing services for the asbestos abatement study during the feasibility study stage at a cost of $3,600.00. • 11 • 304- PAGE SOUTHERLAND PAGE October 27, 1989 The Honorable Alex R. Hernandez County Judge of Calhoun County Calhoun County Courthouse • Port Lavaca, Texas 77979 Re: Memorial Medical Center Port Lavaca, Texas PSP Project No.: 489458 Dear Judge Hernandez: On October 17, 1989, we submitted a proposal to the Commissioners Court from McKee Environmental Services for certain asbestos consulting services. In this letter, I had suggested that either you or Stanley Mikula should check on their references since we have had no prior direct experience with them. Recently, Stanley has requested that we check their references and make a recommendation to the Commissioners Court. We have checked the references that were available, which were satisfactory, and therefore recommend that the Commissioners Court accept the proposal from McKee Environmental Health Services for the asbestos consulting services. Sincerely. • qto 6. UA Acree B. Carlisle Senior Partner cc: Stanley Mikula Q ARCHITECTS ENGINEERS CONSULTANTS 7211 REGENCY SQUARE BOULEVARD SUITE 202 HOUSTON TEXAS 77036 (713) 9745420 FAX: 713-974-5706 RESOLUTION - EDWARDS AQUIFER Motion by Commissioner Belk, seconded by Commissioner Hahn, • and carried, that the Court pass the Edwards Aquifer Resolution: 11ms RESOLUTION STATE OF TEXAS S COUNTY OF CALHOUN S WHEREAS, the natural flows of the Coma! and San Marcos Springs are necessary to provide for the well-being of the many downstream water users; and WHEREAS, the flow of the Comal and San Marcos Springs provide a direct impact on the well-being of Calhoun County and the surrounding area, and the health and welfare of the citizens therein; and WHEREAS, unlimited pumpage from the Edwards Aquifer has already caused the cessation of the Comal and San Marcos Springs flow in drought periods and has substantially reduced flows of the Comal and San Marcos Springs, and WHEREAS, continuation of unrestricted withdrawals by pumping from the Edwards Aquifer will eliminate spring flow more frequently, and finally permanently; and WHEREAS, the cessation of the flow -of the Springs will result in serious degradation to the quality of life in cities, counties and industries throughtout the Lower Guadalupe River Basin; and WHEREAS, a stoppage of spring flow would eliminate certain endangered species of plant and animal life which live in the springs and would cause serious damage to the environment; NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Calhoun County, Texas supports the actions of the Guadalupe -Blanco River Authority to seek limits on pumpage from the Edwards Aquifer by present and future users of that water source, thereby benefiting the environment and economic welfare of the counties of the Guadalupe River Basin; BE IT FURTHER RESOLVED, that the Commissioners Court of Calhoun County, Texas supports immediate and meaningful efforts to negotiate satisfactory agreements to limit withdrawals from the Edwards Aquifer that would result in the consistent and continued flow from the Springs, but witnessing a lack of action in this regard the County shall urge the Guadalupe -Blanco River Authority to pursue judicial relief. PASSED AND APPROVED by the Commissioners Court of Calhoun County, Texas on October 31, 1989. ATTEST: Mary 11bis McMahan, County Clerk RESOLUTION - SJR24. PROPOSITION 8 Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following Resolution be passed: • • • 00Z DV CnT.l1TTnN In Support of Senate Joint Resolution 24 Proposition 8 STATE OF TEXAS S COUNTY OF CALHOUN S WHEREAS, Senate Joint Resolution 24 was enacted during • the 71st Legislative Session (SJR24); and WHEREAS, SJR24 proposes an amendment to the Texas Consti- tution providing for the issuance of general obligation bonds for acquiring, constructing, or equipping corrections institu- tions, youth corrections institutions, statewide law enforcement facilities, and mental health and mental retardation institu- tions; and WHEREAS, the Calhoun County Commissioners Court firmly believes that the constitutional amendment proposed by SJR24 is necessary to ensure the maintenance of law and order through- out the State of Texas while also ensuring humane treatment of inmates of the various institutions to be funded through the bond issuance; and WHEREAS, the Calhoun County Commissioners Court desires to encourage its members and the citizens of Calhoun County to support SJR24 at the general election to be held November 7, 1989. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS • OF CALHOUN COUNTY, TEXAS: Section l: That the Calhoun County Commissioners Court fully supports the amendment to the Texas Constitution which will appear on the ballot of the general election on November 7, 1989, as PROPOSITION 8; and Section 2: That the Calhoun County Commissioners Court will take whatever action it deems necessary and prudent to encourage its members and the citizens of Calhoun County to support and vote in favor of PROPOSITION 8 in the general election on November 7, 1989. County Judge Leroy y)9Ik,0_C`gQ5igsioner, Pct. #1 Stanle L./Nfikula Commissioner, Pct. #2 ell Roy H.Smith, issior, #3 a� _ l Oscar F. Hahn, Commissioner, Pct. #4 ATTEST:// a�F Mary L is McMahan, County Cier -%7 RESOLUTION - CALHOUN COUNTY APPRAISAL DISTRICT, BOARD OF DIRECTORS Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the County divide the votes egVally among each of the five (5) candidates. • BALLOT/VOTING RESOLUTION WHEREAS, Section 6.03 of the Texas Property Tax Code entitles the County of Calhoun to vote in the election of Directors to serve on the Board of the Calhoun County Appraisal District, and, WHEREAS, the County of Calhoun desires to exercise that vote, THEREFORE, BE IT RESOLVED, that the County of. Calhoun does hereby cast its 1,040 votes as indicated below, for candidates • to serve on the Calhoun Appraisal District Board of Directors, for the two year terms ending December 31, 1991. NOMINEE NO. OF VOTES RICHARD BARTON 208 R. E. CLEGG LEONARD DREYMALA 208 VERONICA HENDERSON 208 JESSIE RODRIGUEZ 208 SUE TRAYLOR 208 PASSED AND APPROVED, this 31st day of October , 1989. Presidi¢c] 17fficer —"< Alex r.fHernandez, Count Attest: -Secrete Mary Lois McMahan, County Clerk ,' UTILITY PERMIT - ENRON GAS CO (HOUSTON PIPE LINE COMPANY) Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the following permit be approved to cross county roads: • P E R M Y T THE STATE OF TEXAS )( COUNTY OF CALHOUN )( Calhoun County, Texas, for and in consideration of the covenants hereinafter set out does hereby grant to Houston Pipe Line Company (hereinafter called "Grantee") the right to lay and maintain a pipeline not to exceed twenty inches (2011) in outside diameter along and across certain county (/ road rights -of -way in Commissioners Precinct Numbers one (1)y fwo and four (4) in Calhoun County, Texas, in accordance with the locations shown on the attached maps, and in accordance with the terms and provisions hereinafter set out, to -wit: • (1) Grantee shall remove or relocate said pipeline at its own expense at any time it is requested to do so by the Commissioners Court of said County. (2) Grantee agrees to protect, indemnify and hold Calhoun County, Texas, 'free and harmless from and against any and all claims, demands and causes of action of every kind and character (including the amount of judgments, penalties, interest, court costs and legal fees incurred by said County in defense of same) arising in favor of governmental agencies and/or third parties (including, but not limited to employees of Grantee) on account of permits, claims, debts, personal -injuries, deaths or damages to property, and without limitation by enumeration, all other claims or demands of every character occurring or in any wise incident to or in connection with or arising out of the installation, existence, operation, maintenance, removal, repair and/or replacement of said pipeline. (3) It shall also.be the responsibility of Grantee to handle traffic in a satisfactory manner during the installation of said pipeline. (4) All backfill of any trench crossing county roads shall consist of suitable material and the top eight inches ('811) of such fill shall consist of compacted processed road gravel. • (5) The entire portion of said pipeline which crosses county road rights -of -way shall be installed using 0.312" wall thick pipe having minimum yield strength of at least 60,000 P.S.I. (6) Grantee shall leave said road and right-of-way in as good or better condition as that which existed prior to the installation of said pipeline, to guarantee which Grantee has posted with said County a performance bond in the amount of $2,000, which bond shall be held by said County for a period of two years from the effective date hereof, with the understanding that if it becomes necessary during said two years period for said County a to repair said road or rights -of -way in order to bring the same back to their original condition, the expense thereof shall be paid from said sum of $2,000 • constituting said performance bond. It is controllingly understood however, that even though said performance bond is limited to $2,000 and the period of two years from the effective date hereof, nevertheless Grantee agrees to protect, indemnify and hold said County harmless from the full amount of any damages to said existence, operation, maintenance, removal, repair and/or replacement of said pipeline, regardless of the amount of such damages and regardless of the time when such damages occur. (7) Said pipeline shall be buried at least four (4) feet below the centerline of the drainage ditches adjacent to the county road. (8) Grantee shall notify the Commissioners of Precincts one (1) and four (4) forty-eight (48) hours prior to commencing the aforesaid work. This permit shall become effective upon its written acceptance by Grantee, which acceptance shall be complete upon delivery thereof to said Calhoun County. �Ex,�eycyu�ted in duplicate, originals this '�(S'j' day of e.CW ftAt�'—, 1989. CALH Fge BY • Alex R. County J ATTEST: Mary L 1s MGMahan, County Clerk The above and foregoing permit is hereby accepted on this day of . 1989. /PERMI`Y HO;oh4ncG E .I4COMpNY gy Manager, t-of-Way Department r1 L_J i� • x. 1. • A `1I� /l I YItCM(ll a /i // it L+Ir t 1.1 i-tN♦. ,�.�. +' / • l:. /� %PORT LAVACA-.. n 0.4 WE ES DEACN \ . Odle O PROPOSED PIPELINE / a CROSSING _IS SEE DWG. NO. P8—IOA-- — --- / --- ' usl aoN<. Yon gyres - / - � ifMAGNOLIA BEACH j. 104 FIELD - . .��. / C♦6� O � J - (r POGO! ./ 'seal 1 but, r •r, YOIT ! + 2Y1 LD 1 O.D O IY1, / l I, OK 'av♦lD' ,. P.L. or sID. w" 58156 `b9 Aec°unl No. 19 Cenatfucllen ENR�,N ENRt.�N MIDr/lm Mflm. 0 D01A Dr. Rq DDIa Sool. Gas Pipeline Operating Company OAS PIPELINE File "0 0.�A -31.09 No Houston. Texos GROUP RDrI°Ien — DaserlPllen Br APP• slot. Bea Dole BAP Dole BAP Dola CHF. ENG. HOUSTON PIPE LINE COMPANY P'.1" PROPOSED TOMCAT20'PIPELINE TvRc PRES. End UNDER MARTIN ROAD, R/W OPER. CO. CALHOUN COUNTY, TEXAS tons, �j DWG. No. 'PS-10 BRUNINO,40-22 302450 31) CALHOUN COUNTY, TEXAS C_2 FLORENTENA GARCIA EMMETT R. ALBRECHT A-15 PLAN Scale r--20 �2Ou �' 70 b/a;( O j— -- — I X•-- C-2RD MARTIN ROA '/ R/w 44 )u (u v ' W I, al ul Lf) Sto.l No.Mllm a Data [F- RevisionROFILE - D.... I,aon B. A 0 PP. S Pi al a SRUNINO. 40-22 302450 Max.T. o. P. Ede,. 93. —f 3•M•—RA. SPikc ir, Power PC I,:. 13 P,+6.St4,.2t2l I ASSum!�d EleV.lec.Oc N N.72y33tw ZOD Gyi nTiny 2'I7.a t1.0•R. Co. C-5 ROY M. SMITH PIPE SPECIFICATIONS CARRIER PIPE, 20.000"0.D.10.312-W.2(52.731E/ft) A.P.1.3LK-60,ERW Pipe To., Pro••ure. Ie00 R&L& Mar Operatln0 Pruaura.1080.P. e. I.e. 3N- YNta StranBta 6a,000 p.8.1.6. 4 Min, F.B 6033 Pgs. 8 8 10 a9 Con•lrac0on ENR466N Ile G03 Pipeline Operating Company I•.rte! Houston. To,03 Dot• e',p' Dme - HOUSTON PIPE LINE COMPANY PROPOSED TOMCAT 20-PPELINE UNDER MARTIN ROAD, R/W a II CALHOUN COUNTY, TEXAS Natural Grc6111d "LZOa P8—IOA ��fY1 ... • • �' � /r "/,/ .._ T Sri::'• !.fit\ ._� .fxr POINT �� I � '�'� -- / ai `]+• I COMFORT • _ 1' L ,! :o•. +;� / �• ' ,�.` I PORT LAVACA m ws •o.r: PROPOSED PIPELINE at C.CROSSING MILES SEE DWG. NO. P8-9A -M of Ox. ,pre I - 7; •e� tl. Ol• O w O C a w, 0 P M 9e06 In Ylln .•w —__ I all. •an � � •'- i � rover o'<axw. i P.L. or ate. Y.oeR ENIi��1i ENRON A.. Account No. 53ai5a jg'a C 1Camlrucllan Micrilm Mllm 0 Oafs or.te l lib scale Noted Gas Pipeline Operating Company GAS PIPELINE File No. Houston, Texas GROUP R.tl.len - Ot,ctlPllea er . Are- Slat' ere' Oat, er°' oat• Or°' Dote . HOUSTON PIPE LINE COMPANY CN°' ENc. Prel'r PROPOSED TOMCAT 20-PIPELINE VICE PRES. ala UNDER MILAM STREET, R/W OPER. CO. toast. _I - . CALHOUN COUNTY, TEXAS DWG. NO. PS-9 BRUNING, 00d2 002450 513 CALHOUN COUNTY, TEXAS NARCISCO CABAZOS A t Sari A+n-Fohio Jive. IN UNITED TEXAS 1K IANSMISSION CO. S.5-40 3,9 w. �y 114. x j . •�k-x1 rv� �k jLx j�.\��� U.T• T. \ Covtc. Mon, '\ Fc'vYe Car_ C-51 RD MILAM STREET, RI TEJAS P PLAN- Scale: I = 4' M in r� ProPoscd ZO." Pipe M e J t W,J r Dole to "9 S m r n' 0� i 'u v°'-0 lU o � UN !L p 1L f N D4 F w ui w 1j, V N N K-,x i.o.P. Elev.99.1 :ProPosed� 'LD P;PeU �c I10 id PIPE SPECIFICATIONS 1 U. CARRIER PIPE: 20.000"0.D..0.312-W.L102.731b./tt.) U A.M. SL X-60, ERW Pipe W 0 gj TO-t Pruenre:1400 . PS. 1. G. Ma-. Oaaraline Prueure�1000 PB.LG.� S Min. Yield SIrenptn; 60.000 P.5.1. •a 4.2o 11 Ground T.B.H.- R.R, Spike In Power Pole 32.1 Lt. & SAS. 1+G5 Assvmed E.lev, IOO.Cd F. B. 6031 Pgs. 3 & 11 19 89 Caneiractwi, ENRvNN Gas Pipeline OPeralinq Company Houston, Texas scale NOted Dal- B •� 0cte� _ HOUSTON PIPE LINE COMPANY PROPOSED TOMCAT 200 PIPELINE ' UNDER MILAM STREET, R/W CALHOUN COUNTY, TEXAS Q t l ENR►!N GAS PIPELINE GROUP PS -GA • • A p 1 p wit ,' .wu• v v ,_ . /� .i� , is L yu- : I POINT (COMFORT +I 41' '�' •'.y' /� �, .`' t PORT LAVACA .. Mic• I PIPELINE --' CROSSING SEE-" <�• DWG. NO. P8 7A- — ----T— s` }--- = — .� I 4 4• ' / fn •• 4.4Ap1. pC 1Crr i- . / on nno ./ i .d. � wb .... Crr.r P / ✓ '• b f s 0 f b .e.C[ Ii arc , werr ( '� i ep ;t+•er ,. i laple I. Ylbn i ---- OA O n ENRON P.L. .r sm. Acopunt N.. W 5a156 p 19 ICon.tructien ENRON Ylaam File No. Ynm. a om. ,. m,P �'L6479 Spec. No{ed Gas Pipeline Opera ling COmpony Houston, OAS PIPELINE Texas GROUP Revision - Deeeriptlen ep ApP, StO. erd Dot. erp Dnle ey°- Dote HOUSTON PIPE LINE COMPANY CHF, ENG. PI.12 '. PROPOSED TOMCAT 200PIPELINE VICE PRE . UNDER COUNTY ROAD. R/W old ICALHOUN COUNTY, TEXAS OPER. CO. Cenel N A II DWG. N On_s eRUNIN0, 40.22 202e50 3;1 6 CALHOlJN COl)NTY TEXAS C-5 FLORENTINA GARCIA ROY M. SMITH I?-- F.M. Roticl'y No.2ti4� A-15 5 ( o •• a� �0 3• °� `4 1 171 9 �\ a. (Z Proposed Pipe.linc cu �� \9 \& C EY.i St'%rN% 21lz21_� H.O.R. Co. P;pelinm PLAN SCOIe.: 0=zo' 0c. y or IS or -in Lu C DL �: � d t t r 0- V' Q C-5 ROY M. SMITH I q.52'U"W. \D r 1', X , 1`9 0 V.P `N k u C-5RD COUNTY ROAD, R1W 19 L)�� f Ul u w o V -Q LP LP t �- Na+�+rgl �rewncj ! I 1CII CI 201�0 :t'Izo' H.7V. 7.8 M._ p,K. Ndll Irl C>: Rowd @ Stwtioh 4C17t56 A5surncd F_1e-.100.00 BRUNINa.40-22 202450 0 w t I u PIN SPECIf ICAIIUNS CARRIER PIPE IP 20.000•CLD...0.712- W.T.(02.T3.R r- A.P.I.5LX-60,ERW pip. Tel P,mura: 1400 PS.I.G Mu,. owalin0 P,4uc.. IOBO P. S.1.0 Min. rum 5n.naln: 60,000 P.S.I. -I M ; n [� 2011 T.O.P. Elev. 93.3 F.B. 6033 Pg. 4 & 6 58158 ,989 Eaall,acnaa ENRON 4PIf — seal. Gas Pipeline Operoling Company 24-N otcd Houston. Texas d Dal. Bj Bep' Do14 Bjp Dola HOUSTON PIPE LINE COMPANY PROPOSED TOMCAT 200 PIPELINE UNDER COUNTY ROAD, R/W 1,1 CALHOUN COUNTY, TEXAS PS -TA C J/b • • f � , �. r ty, r, L , • r• - pi , •y aet 1 � -'moo' ^ ,o � �: ��p ��rj(�� G/.` �� J•' V:1 ( '� t .1 Is. �x. 1 \,...-, \ 1 '\' \ Cyr ( ay;f .4.e p„ 1V>. {t �• ,,� � � � � PROPOSED PIPELINE "' 9 CROSSING \ SEE DWG. NO. PS-15A llll V f y' I % c... Jf A4 QpfF m Of I p 1 4,I •4°';i I- s. P.L. or Sta. w.0. ,account N.. 558i-8 19(39 Construction ENRON ENRON^ MierIlm Mnm. B Data Dr. By Dot. scat. Gas Pipeline Operating Company GAS PIPELINE Fill N.. r,l(p.rq g-21.99 l.�et.¢d HOUeton, Texas GROUP Revision : Dncrlprlon By App. Slat. Bre. Dot• By Date Bip Dale HOUSTON PIPE LINE COMPARY CRP. ENG. Pr•�'y PROPOSED TOMCAT 20' PIPELINE VICE PRIES. Bid UNDER SAN ANTONIO STREET„ RIW OPER. CO. cone CALHOUN COUNTY, TE%AW DWG. No. PB-15 31-7 a/,r ca HOUSTON P1PE ° LINE COMPANY PLAN, scale: t•e0' 4 4' M!n , <" PROFILE 6 5Cayc : t • 2o' //. TV OALHOUN COUNTY, TEXAS NARCISCO CABAZOS y A-S �1 O 0 -- _ V."it,4C RUSSELL CAIN Z) N �IN ET UX 5 27 22' W 4.(Nfcposed 20'Pocllne ll WI LLvl JII N C-a9RD PIPE SPECIFICATIONS . . SAN ANTONIO STREET R/W :0 0 0mo.op:osl:• W.V. Ias.sou.nu "..1. 5L■-00 HW - To.' h..wr•.1400 vt.1.4. ' We. Ow4 n,l•h... w., 1040 G3.1.0.. Mo. yield 31u•3r., $0.000 P.3.1. N N M Q ti QI S H W dI ul a d d o IMtn. q'n/aLufa/6round �Malr-T.o.r� L3!cv. -ra.A1.- cqq. V91-1 in P41. • Pc/s 72' mot, P Sta. 0�73 A55wnad is%<'. „rD.CIO' ' F.B. 6015 P98.26 8.27' Accow No. $ B 58 11989 con.l,wio ENRON Gas Pipeline Operating Compony Houston, Tezes ENRON OAS PIPELINE GROUP Micrllm File No. Mnm. B Dol. or.�pr Gl ts. Dor. 9-2z-a9 sc.10 q-NoErd R.vidon - Oncripllon Br App. Slot . By. IC3 DaN ByA Dal. Bl, Dal. N GUejON PIPE LINE COMPANY PROPOSED TOMCAT 20' PIPELINE "UNDER eAN ANTONIO STREET,RiYd CALHOUN COUNTY, TEXAS MF. ENG. Pr•rr Bid s OREM. co. C.n.� - � Dwc. No. PS-IIiA [1 • 1/4f ACCOUNTS ALLOWED - COUNTY Claims totalling $135,457.87 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Smith, and carried, that said claims be approved for payment. • ACCOUNTS ALLOWED - HOSPITAL Claims totalling $64,708.04 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Belk, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. THE COURT ADJOURNED. SPECIAL NOVEMBER TERM THE STATE OF TEXAS COUNTY OF CALHOUN J( HELD NOVEMBER 9, 1989 Be it remembered, that on this the 9th day of November, A. D. 1989, there was begun and holden at the Courthouse in the City • of Port Lavaca, said County and State, at 1:30 P. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceeding were had: FORMOSA PLASTICS PROJECT - DRAFT PHASE I REPORT, IMPACT STUDY Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, lthat the following Draft Phase I Report on the Economic, Demographic, Public Service, Fiscal, and Environmental Impacts of the Formosa Plastics Project be accepted. • A motion was also made by Commissioner Belk, seconded by Commis- sioner Hahn, and carried, that an emergency be declared and that $30,000.00 be paid to Golden Crescent Regional Planning Commission. 3/9 Economic, Demographic, Public Service, Fiscal, and Environmental Impacts of the Formosa Plastics Project A Draft Phase Z Report to the Golden Crescent Regional Planning Commission by Steve H. Murdock Rita R. Hamm Lonnie Jones Not_ie Lansford Texas A&M University and James Jarrett Jorge Anchondo Charles Branton Consultants to the Commission With the assistance of Patricia Bramwell Donna Nunez Margaret Waters Suzanne Richardson Beverly Pecotte Md. Nazrul Hogue Texas A&M University October 1989 �J • • Chapter 7 Summary and Recommendations This chapter is a summary of the key findings of Phase I and of our recommendations regarding additional research to be pursued during Phase II. The summary and the recommendations are presented in a condensed version in this chapter. Those wishing to obtain more detail should consult the preceding chapters. The chapter begins with a general summary and then presents summary material for each of the economic, demographic, public service, fiscal, and environmental areas. The final section presents recommendations for Phase II analyses. General Summary • The Formosa Plastics Plant in Calhoun County, Texas is expanding its present facility in Point Comfort. This expansion will impact a relatively wide area through its effects on economic, demographic, public service, fiscal, and environmental factors. These factors have had both positive and negative implications for other impacted areas in the Nation, and the identification of the type, magnitude and distribution of impacts is essential if the positive impacts of the project are to be enhanced and its negative impacts mitigated. The study reported here represents Phase I of the assessment of such impacts. It is intended primarily as a scoping effort to identify those impacts of the plant expansion requiring more detailed analysis in Phase II of the assessment process. The research described in this report suggests that the plant expansion's effects will impact an 11-county area that includes Aransas, • Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca, Matagorda, Refugio, Victoria, and Wharton Counties. Impacts will be most substantial in Calhoun County and in the surrounding counties of Victoria, Matagorda and Jackson. 0 7-2 The 11-county area is one with a relatively large population base (more then 270,000) compared to many other areas of the Nation where relative rates of project -related growth have .been problematic. It also has a relatively large industrial workforce and a relatively large number of unemployed persons (more than 8,000 in September of 1989). Its recent economic and demographic history has been one of slow growth and the area is one in which problems of maintaining longterm economic and population growth have been evident. It is an area that appears to require additional job creation and one that has an industrial base of employment for . promoting industrial growth. Because of the size of the workforce available for employment and its relative experience in industrial projects, a project such as the Formosa expansion is likely to involve the hiring of many workers who already live in the area and to require fewer inmigrating workers than would be true in a smaller, less industrial area. The project will, however, clearly impact the study area. The expansion will involve the construction of a $1.7 billion addition to the existing facility and increase permanent direct employment at the facility by more than 1,200 jobs during the 30-year operational period and create nearly 4,200 direct jobs during the peak of construction in 1990. The indirect effects of the plant's construction are projected to generate -an additional 1,200 jobs in the 11-county study area during operation and nearly 2,400 indirect jobs during the peak of construction in 1990 (given an operational period employment multiplier of 2.068 and a construction period multiplier of 1.572). If Formosa's existing purchasing patterns continue, the project would spend more than $1.5 billion in the study area during construction. Due to the size of the existing labor force and the number of unemployed workers available for employment in the area, it is • • C J • 7-3 estimated that at most about 2,200 workers (direct and indirect combined) would inmigrate into the area during construction and about 800 (direct and indirect combined) would immigrate into the area during operation. These values represent 35 percent of direct and 30 percent of indirect employment. The project would clearly also affect population growth. During construction as many as 5,300 persons may inmigrate to the area and during operation as many as 2,200 may inmigrate into the area. The number of • inmigrating children could be as high as 2,100 during construction and 1,100 during operation. A majority of immigrating workers and their dependents are projected to settle in Point Comfort, Port Lavaca, and Victoria, with much smaller impacts elsewhere. The impacts on services would vary widely by type of service and the condition of the existing service structure.in the different jurisdictions of the study area. Solid wastes, Emergency Medical Services (EMS), transportation, and water services appear to be generally adequate. For services such as police, fire, wastewater, social services, health and public education, problems may occur for selected jurisdictions, although existing service capabilities are generally adequate at the regional level. The project may have substantial fiscal impacts on public costs and • revenues as well. These impacts could not be extensively analyzed during Phase I, because much of the results from Phase I for the economic, demographic, and service areas are required before a fiscal analysis can be completed. The preliminary analysis suggests that costs will be quite limited except in Calhoun and Victoria Counties. In fact, the taxable value of the project will likely provide substantial public revenues when the facility becomes taxable. However, because of the 7-year tax abatement U3 • 7-4 in Calhoun County, local jurisdictions may find it difficult to meet public costs during the initial years of the projectes operation. The plant will handle and produce a number of potentially harmful chemicals that could impact the air, water, and other environmental characteristics of the area. Although present plans are not complete for many characteristics of the project which have potential environmental effects, the projectes environmental impacts appear to be within accepted standards. Given the incomplete nature of project plans, monitoring of such effects is essential. Summary by Type of Impact Economic Economic factors associated with the project will have an effect on the baseline economy of the study area. Although many of the counties in the area have a strong agricultural base, more than 90 percent of the study area's employment base and 96 percent of personal income are derived from nonfarm activities. Slow economic growth is projected under baseline (without the project) conditions with employment increasing from 132,000 in 1987 to 144,000 in 1992 and personal income from $3.7 billion in 1987 to nearly 5.0 billion by 1992. The project will impact the area by creating 1,200 direct jobs and 1,289 indirect jobs during operation. Construction employment would peak • in 1990 with 4,175 direct employees and 2,388 indirect employees. Construction employment will consist of 369 direct and 211 indirect workers in 1989 and of 3,561 direct and 2,037 indirect workers during 1991. Because of the large labor force in the area --a base of 8,000 unemployed t workers --and its developed industrial base, it is estimated that between 65 �J 7-5 and 85 percent of all direct construction and operational jobs will be assumed by the workforce already living within the study area; only 15 to 35 percent of the jobs will go to inmigrating workers. For indirect workers, the immigrating percentage is estimated to be between 15 and 30 percent. The project -related increases in employment will increase total employment by 0.1 percent in 1989, 1 percent in 1990, 1 percent in 1991, and by lees than 1 percent during the first year of operation in 1992. If the facility's present expenditure patterns continue, more than $1.5 • billion would be spent in the study area and $1.0 billion in Calhoun and Victoria Counties during construction. The effects of operational expenditures could not be estimated because no information on operational expenditures is available from Formosa at this time. Clearly, however, the economic impacts will be extensive. Population and Settlement Patterns Population and settlement characteristics will play a major role in determining the magnitude and distribution of impacts within the study area. The study area had an estimated 1988 population of more than 273,000 persons. Although nearly all of its counties were more rural than the State as a whole, Victoria County is an urban metropolitan statistical area. The populations of the.counties show substantial diversity from one • area to another in terms of age structure, race/ethnicity composition and other demographic and socioeconomic characteristics. The study area clearly has different characteristics than the rural sparsely populated areas in which "Boomtown" impacts have been reported. Population growth in the area has been slower than that for the State for nearly three decades, and 1980-88 patterns indicate that nearly half of the counties in the area have shown population decline from 1980 to 1988. S • rc-I Its projected longterm patterns are ones of slow population growth from 1988 to 2000 with the population increasing from 273,000 in 1988 to at least 307,000 by 2000 (an annualized exponential rate of growth of about 1 percent). Data on the characteristics of workers and their dependents at other large-scale projects and on historical patterns for inmigrants to the study area were applied to the number of inmigrating workers (projected in the economic analysis) to obtain preliminary projections of the total size of the immigrating population. These data show that the number of inmigrating • workers (including direct plus indirect workers) would vary in number (depending upon the assumptions made regarding the proportion of such workers who would inmigrate) from 374 to 809 during operation, from 87 to 192 during 1989, from 984 to 2,177 during 1990, and from 840 to 1,857 during 1091. The associated immigrating population would vary from 1,029 to 2,225 during operation, 213 to 467 during 1989, 2,411 to 5,297 during 1990 and from 2,058 to 4,518 during 1991. Of these inmigrants, children would make up between 501 and 1,083 during operation, 80 to 185 during 1989, 975 to 2,115 during 1990, and 830 and 1,807 during 1991. The highest levels of growth projected would represent an increase on the area's 1988 base population of 2 percent during construction and 1 percent during operation. Using projections of settlement patterns derived from data on the • cities of residence of Alcoa and Formosa plant workers and from a standardly used residential allocation model called a gravity model, between 65 and 85 percent of the inmigrating population is expected to settle in the three cities of Point Comfort, Port Lavaca, and Victoria. The highest projected growth during the peak of construction in 1990 is J�4�o • • • 7-7 projected to consist of 1,189 persons in Point Comfort, 2,148 in Port Lavaca and 1,612 in Victoria. During the operational period, the highest projection of the number of inmigrants is for 481 in Point Comfort, 904 for Port Lavaca and 680 in Victoria. These represent rates of growth from the 1988 base populations of 115 percent for Point Comfort, 19 percent for Port Lavaca and 3 percent for Victoria during the peak of construction in 1990. During operation, the rates of growth are 48 percent, 8 percent and 1 percent for Point Comfort, Port Lavaca and Victoria, respectively. Patterns for the number of inmigrating children are similar to those for population with as many as 697 children inmigrating into Calhoun County during operation and as many as 1,356 during construction. In Victoria County the highest projected values are for 347 children during operation and 676 during construction. The rates of population growth appear manageable for Victoria and Port Lavaca but are likely to be problematic for Point Comfort and to result in the displacement of growth from Point Comfort. The projected increase in the number of children is likely to require careful planning for schools and other youth -related programs in Calhoun County. Public Services Impacts on public services will also occur but will vary widely from one area to another and from one service to another. These impacts are expected to be concentrated in Calhoun, Victoria, Matagorda and Jackson counties, so the service analysis concentrated on service conditions and impacts in these areas. Baseline conditions and project -related effects may be summarized as follows: �T7 7_8 Law Enforcement The number of officers per 1000 population is lower in the study area than in the State, but overall, law enforcement officials believe their departments are adequately staffed. Equipment is generally adequate. As a result of the project, some expansion of services is likely to be required in Port Lavaca and in Calhoun County. Fire Protection In most of the region, fire protection is provided by volunteers. In Port Lavaca and the City of Victoria the staffs include a combination of volunteers and professional firefighters. Equipment generally meets standards but fire flow and the number of personnel in Port Lavaca are marginal. With a national fire protection standard of 1.65 fire personnel per 1,000 population, Port Lavaca will need to increase its staff. In addition: few firefighters have adequate training in hazardous waste or chemical fires, and the handling of potential fires at the Port may require a combined effort of industry and the cities in the area. Solid Waste Solid waste services are undergoing rapid change due to new federal guidelines regarding landfills that will impact the study area's communities in similar ways to other communities in the State and Nation. Landfills appear adequate for several years at present rates of use. Project -related events would impact the operational life of such facilities, but the effects would be quite small. Emergency Medical Services (EMS) EMS services are in excellent condition in most parts of the region, although reliance on volunteers in some areas results in delays and less C� L. J • x • GE: adequate training than might be desired. The service will clearly be impacted by the project, but the fact that most plants have their own emergency procedures and the excellent current conditions of these services in the region suggest that few project -related problems will occur in this service area during the project. Wastewater Treatment The conditions of wastewater systems are quite uniform in different • parts of the region. In general, capacity is adequate but most systems need to be rebuilt or renovated. The project's impacts would be relatively small. Even at the peak of the construction period, Victoria would need only about 221,000 additional gallons of capacity and Port Lavaca would need an additional 215,000 gallons. Although about 700,000 gallons in excess capacity is available in Port Lavaca, the level of impacts will depend upon the distribution of new populations within the City. In Port Lavaca and in Edna, the general condition of the systems suggests that increased use may require replacement at rates that may be difficult to manage. Housing In recent years, excess capacity has existed in the study area, • although the surplus of housing is decreasing as the economy recovers. In the areas closest to the plant site, Point Comfort and Port Lavaca, there is little available housing and few development sites; in Victoria, although vacancy levels are declining, there is a much larger supply of both existing housing and lots appropriate for development. Assuming the forms of housing demanded by inmigrating Formosa workers will be similar to those for operational and construction worker -households in other areas, )A7 7-10 there would be a demand for an additional 809 units during operation and 2,177 during -construction. During operation, nearly half of the demand would be for single-family units, while for construction nearly half of the demand would be for mobile homes. On a regional basis, such housing demands can probably be met. However, if a substantial proportion of the workforce chooses to locate in Point Comfort and Port Lavaca as projected, substantial development of housing will be necessary at those sites. Transportation Most potential problems in this area have been addressed by the incentive package offered by the State involving improvements such as the expansion of FM 1593. In general, the road system is in excellent shape and rail and air transportation are adequate to handle the population - related impacts of the project. The impacts of the project on port facilities have yet to be fully analyzed. Water The water supply in the area is generally adequate, but as with wastewater, many systems are in poor condition and need renovation or replacement. In Port Lavaca there are problems in distribution, and storage is at its maximum. As a result, Port Lavaca is likely to require an expansion of ground storage of around 390,000 gallons and 163,000 of elevated storage as a result of the project. Other areas should be able to manage the impacts of the project with few difficulties. Social Services Social service programs include a wide variety of services such as Aid to Families with Dependent Children, Food Stamps, Medicaid, employment • • C� 7_11 services, day care, and other services. Most of these are supplied in the study area by the Texas Department of Human Services. Some services are also provided by local jurisdictions. Because of recent declines in the tax bases of the counties, local jurisdictions have faced problems in providing such services. Public officials do not plan to increase expenditures for social services as a result of the project and most believe the needs of immigrating persons for such services will be provided by nonprofit agencies such as the United Way, Salvation Army and local ASchurches. Health There are 18 acute -care hospitals in the counties in the study region, involving 1,627 licensed beds. Victoria County has 44 percent of the total capacity in the region and is a regional medical center. Health care is also provided by regional and county offices of the Texas Department of Health. Health services will clearly be impacted by the project, but most health officials in the area believe the current capacity is sufficient to meet the demand through the for -profit health-care system. Because the project may bring some indigent persons to the area, however, local Jurisdictions are likely to experience increased costs in paying for indigent health-care services. • Public Education The study area has 38 school districts with more than 56,000 students. The districts vary widely in the demographic characteristics of their student bodies, level of funding and on other characteristics. In general, the projected number of inmigrating students is manageable. For the Calhoun County ISD, however, the impacts could be substantial with the ,331 • 7-12 number of school -age children increasing by 814 or 1.8 percent during the peak year of construction in 1990 and by 488 or 11 percent during operation. Steps will need to be taken by the Calhoun County ISD to manage such increases. Fiscal Impacts Fiscal impacts are a product of the relative difference between public costs and public revenues. Since so much uncertainty underlies the levels of services demanded and data are not yet available on operational expenditures, only general categories of costs and .revenues could be • identified in the Phase I analysis. Increased costs will include costs for water, sewer, police, fire, roads, and other services for the cities and counties in the area and increased costs for teachers, educational facilites and equipment for the school districts. Although exact costs could not be computed given the relatively small number of inmigrating persons, costs are likely to be minimal except in Calhoun County and the Calhoun County ISD. In Victoria County the impacts will be substantial but less problematic than in Calhoun County because of the larger economic and demographic base of Victoria County. New revenues will include those from new sales taxes, new property taxes, state payments (for school districts) and Formosa's $1.0 million payment to the Calhoun County ISD. Sales tax revenues are likely to be relatively small. For example, new construction workers may generate • $15,000-23,000 of sales tax revenues in Calhoun County in the peak construction year (this does not include sales taxes generated by purchases from the new plant). Potentially, the most problematic factor related to property taxes is that the abatement of property tax for the Formosa plant by the Calhoun County Independent School District and other jurisdictions 7-13 may reduce revenues below costs for the 7-year abatement period. Although these costs may be offset by substantial new revenue once the project comes onto the tax rolls, and state revenues for new students and the annual $1.0 million payment from Formosa will partially offset the costs even during the initial 7-year period, management difficulties may be encountered in meeting expenses during the abatement period. It is evident that additional consideration of cost and revenue factors will be required for analysis in Phase II. • Environmental Impacts The Formosa project will produce a number of products, such as ethylene, P-xylene, 0-xylene, benzene, chlorine, polyethylene, Polypropylene, and ethylene, and involve production processes that could negatively impact the environment of the area, if they are not properly managed and monitored. A large number of federal and state agencies have' responsibility for ensuring the environmental safety of such projects including the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the Texas Air Control Board, the Texas Water Commission, the Texas Department of Health, the Texas Parks and Wildlife Department, and the Texas General Land Office. A review of the materials submitted by Formosa to such agencies Suggs eta that environmental impacts will generally • be manageable and are within standards. Among the impacts of the project that require consideration is the fact that the project, together with other developments already in the area, will increase the levels of air, water, and other pollutants to levels sufficiently close to the maximum allowable standards so as to limit the potential for additional industrial developments in the region. For 333 • 7-14 example, with the plant in place, nitrous oxides would be at 72 percent of the standard, suspended particulates would be at 88 percent of the standard, and inhalable particulates would be at 94 to 95 percent of the standard. These levels are clearly only partially a result of the Formosa project, because other industrial, commercial, and residential developments in the region may account for equal or even more of the substances in question than Formosa, but local -area residents may wish to examine such information carefully in order to discern what types of other developments are most and least likely to be possible given such constraints. Recommendations for Phase II • General Although many of the items requiring additional analysis in Phase II are quite specific, there are several data and analysis issues that impact nearly all stages of the socioeconomic analysis and should be generally described. These issues are important because, as is evident in the body of this report, several parts of the analysis build on other parts. For example, the projections of inmigrating population in the demographic analysis is dependent on the projections of inmigrating workers in the economic analysis. In like manner, projections of service impacts are linked to those made in regard to the number and settlement patterns of immigrating workers provided from the demographic analysis. Assumptions made in the economic analysis affect the demographic, public service and • fiscal analysis and assumptions made in the demographic analysis affect economic assumptions relative to increased demand, the projected levels of demand for services, and the public costs and revenues associated with a project. Service projections depend on both assumptions made in the economic and demographic analyses and affect impacts in the fiscal section. 7-15 Finally, fiscal impacts are based on assumptions made in each of the economic, demographic and public service analysis. It is important to recognize, then, that a significant change in any of the key assumptions of the study will have ramifications for the analysis of nearly all types of impacts. As a result of the interrelated nature of the impact assessment process, certain key data items must be obtained and analyzed in Phase II. Foremost among these is the need for data on operational expenditures for • the plant. These numbers were not available from Formosa at the time this report was completed but must be obtained if the magnitude and distribution of economic impacts (and through the economic, the impacts on demographic, public service and fiscal factors) are to be identified. There is also a general need to more effectively establish the likely range of Values (i.e., uncertainty) underlying key assumptions such as those related to the employment multiplier, the proportion of the workforce that will inmigrate, the likely settlement patterns of workers and Populations, and the applicable service ratios resulting from the inmigrating population. Although these needs are reiterated in several of the specific areas noted below, it must be recognized that these assumptions will require much more extensive analysis than was possible in • Phase I. This analysis will require additional interviewing of public and private sector persons and the acquisition of direct data from inmigrating workers and populations. Such data will provide essential information on actual expenditures, settlement patterns, and on demographic and service usage characteristics of the population. Unless such analyses are completed, the specific analyses recommended below are likely to be inaccurate. W5 • 7-16 Specific Recommendations regarding analyses required during Phase II for each of the types of impacts are as follows: Economic Impacts For a complete economic analysis to be conducted, it is essential that additional analysis be completed oft (1) the types and distribution of operational expenditures relative to the study -area's economy (2) the nature of plant expenditure patterns to identify the local and • nonlocal impacts and employment patterns for the project (3) the proportion of workers who will inmigrate under different patterns of expenditures Population and Settlement Pattern Impacts For'the demographic impacts to be fully assessed, it is essential for Phase II to include analysis oft (1) the household demographic characteristics (e.g., average household size and age) of recently inmigrating construction and operation - related populations (2) the capacity of alternative settlement sites to absorb different types of inmigrating populations (3) the settlement patterns of workers who have recently inmigrated to the study area Public Service Analysis required in Phase II by service area is as follows: Law Enforcement. (1) analysis of likely workload increases during construction relative to the operational phase of the project (2) workloads in other parts of the criminal justice system of the area (e.g., courts) • 2 r� u 7-17 (3) analysis of mechanisms to promote the coordinated delivery of services among county and city law enforcement agencies Fire Protection. Little additional analysis is necessary except to examine capabilities for handling chemical fires, and port -dock fire fighting capabilities and responsibilities, and requirements for specialized equipment. Solid Waste. This area does not require additional analysis in Phase II, unless conditions change. • Emergency Medical cervices This area does not require additional analysis in Phase II, unless conditions change. Wastewater Treatment. Capacity appears to be generally adequate in the region, but because of the existing condition of the systems in the area, additional analysis of mechanisms for replacement and renovation of Systems is required, especially for Port Lavaca. Housing. Additional analysis is not needed for the operational period, but construction impacts suggest the need to examine alternatives for housing provision, particularly in Point Comfort and Port Lavaca. Transportation Highways do not require additional consideration, but additional analysis of port and rail transportation, particularly safety issues related to them, would be useful. Water. Because it is receiving substantial examination by other . research groups, this service area does not need an indepth review in Phase II. Social Services. Although substantial increases in demands on social services are unlikely, additional analysis should be conducted of service - delivery capabilities, particularly for private -sector agencies. 337 7-18 Health. (1) additional analysis of the financial capabilities and other key service -delivery characteristics of public hospitals, particularly those in Calhoun County (2) estimation of the proportion of immigrating workers who will have insurance or the ability to pay for services Public Education. Additional analysis should be limited to the Calhoun, Edna and Ganado School Districts and should examine personnel, • facilities and equipment requirements. Fiscal Impacts Substantial additional work is required regarding the fiscal impacts of the project because the results from the Phase I analysis were required before detailed fiscal analysis could be completed. The additional fiscal analysis required includes: (1) projections of detailed costs by type for each service area on the basis of additional data on service demands and existing service capacity by jurisdiction (2) projections of detailed revenues by source for each jurisdiction (county, city and school district) (3) projections of the net fiscal balances for each jurisdiction (public costs relative to public revenues) and an evaluation of alternatives for addressing any fiscal problems identified • Environmental Impacts This area does not require additional analysis at this time but should be carefully monitored because many of the plane that could affect environmental impacts have not been finalized. Conclusion The Phase I effort was a substantial one. It involved analysis of numerous socioeconomic and environmental dimensions and has provided data that should generally be sufficient for very general planning purposes. 7-19 • 11 0 However, substantial additional analysis is required in Phase II to provide the detailed information essential for personnel and facility planning. THE COURT ADJOURNED. REGULAR NOVEMBER TERM THE STATE OF TEXAS j( COUNTY OF CALHOUN X e HELD NOVEMBER 13, 1989 BE IT REMEMBERED, that on this the 13th day of November, A. D. 1989, there was begun and holden at the 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: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner,.Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - CARS, SHERIFF'S DEPARTMENT The following bids were received for cars for the Sheriff's Dept.: Main Ford Mercury - per unit $12,672.75 with trade-in $11,472.75 It $ 82672.75 it $ 8,672.75 it $10,172-.75 Marshall Chevrolet Company no bid Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that all bids be rejected and authorized the.County Auditor to readvertise for bids to be opened December llth. BIDS AND PROPOSALS -.AMBULANCE EQUIPMENT FLOATER INSURANCE The only bidsreceived was from Foss, Cates, Hudson and Sims, Agency in the amount of $4,675.00. Tabled until Friday, Nov. 17th. 339 EMERGENCY MEDICAL SERVICE - DISASTER RESPONSE UNIT Henry Barber requested the Court to regain a unit for a Disaster Response Unit. He said the trade-in on the unit was only $6,000. The Court said a decision would be made on Friday. ELECTION - CANVASS, CONSTITUTIONAL AMENDMENTS The Court canvassed the returns of the Constitutional Amendment Election held on the 7th day of November, 1989, and upon motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, the County Clerk was ordered to enter the returns in the Election Record. BIDS AND PROPOSALS - ROAD MATERIALS, PIPE, INDIGENT DRUGS, MALATHION & RESMETHRIN CONCENTRATE Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County Auditor be authorized to advertisdfor bids on various road materials, various pipe, indigent drugs, malathion and resmethrin concentrate, with bid opening set for December. 1l-th . RURAL FIRE DEPARTMENT - PRECINCT 3 • Motion by Commissioner Smith, seconded by Commissioner Hahn, and carried, that an emergency be declared and the.bill.in.the amount of $2175.08 to repair the water tank for the fire department in Prct. 3 be paid out of the contingency fund. GUADALUPE-BLANCE RIVER AUTHORITY - PERMITS A motion was made by Commissioner Belk, seconded by Commissioner Hahn, and carried, that Calhoun County grant a permit to GBRA to install facilities as shown on the following instruments with the understanding that by the usage of such permit GBRA agrees that such facilities and the installation, maintenance and usage thereof shall be subject to all of the terms and provisions set out in the original contract between GBRA and Calhoun County dated March 21, 1972 and recorded in Vol. $, Pg. 307 of the Commissioners' Court Minutes of Calhoun County, Texas and that GBRA agrees to be bound by all such terms and provisions. �J 454 1 SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM Connection Date (To be Completed by Operations) A. DATE: B. Name of Customer Requesting Service: Ervin Stienke C. Number of Connections Wanted: 1 D. Map Sheet Number: D - 20 -C E. Customer Number to be assigned: 20 - 2661 F. Prospects for Additional Customers to be served by the Proposed Line: 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date • B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3. Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: • Date Signature Engineering: Date Signature 3," I I I I I oii {iS/R I✓ 1 � - - - ��r_ el C1 rl V.R. ^�ri^"SS III 783 — H. W. Zi7occks • 4--'' - � !tip �r , 0 m y i it I_ i • is • SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: in iR_ Rg B. Name of Customer Requesting Service: Marbin Sauer C. Number of Connections Wanted: 1 D. Map Sheet Number: D-20-A E. Customer Number to be assigned: 20 - 2660 F. Prospects for Additional Customers to be served by the Proposed Line: 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date • B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3. Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: • Date Signature Engineering: Date Signature 34z I� �e c �.I D. S. Bruce of I 0 710 Ote=a Equipment Cc C #- ao _ a4 —J ( Imo.. 1� 7r' I I a/.7 i -,4ri de, `....m;. I 781�I P Meier 6130� lenderson I = J. D. Bran 7` O C. '; I i Ii W. Comm m M-E�iarrrtt'..; 'i I(D5� 7j70,I� tllf I vQ,.� J:t Montgomeryl —Apessoto II I I \ i m I1 b5b (r,109- - 656� I NI 10671 tv I I p A. Smejkal J. Bujan I Bol I � I ce"-3 J. S. Bujan 788 0 I 7 oi1 µ( M. n I LP I I I 1 N 344-� r� U • • SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL HATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: 10 - 10 - 89 B. Name of Customer Requesting Service: Calhoun Co. Pct #4 C. Number of Connections Wanted: one D: Map Sheet Number: D 20 B E. Customer Number to be assigned: 201867 F. Prospects for Additional Customers to be served by the Proposed Lind• 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date • B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3. Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) • 4. Posted to "As Built Plans": Operations: Date Signature Engineering: Date Signature 545 E n LJ SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: 10/11/89 B. Name of Customer Requesting Service: John J. Hubbard C. Number of Connections Wanted: Uk Four (4) D. Map Sheet Number: D13 E. Customer Number to be assigned: 17-2565 _ 17-2566, 17-2567, 17-2568 F. Prospects for Additional Customers to be served by the Proposed Line: 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date • B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3. Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: Date Signature Engineering: Date Signature 0 , �h� S I�ubl�,� 3�9 SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: it�tt�gg B. Name of Customer Requesting Service: Henry Z. Bowman C. Number of Connections Wanted: 5 D. Map Sheet Number: D13 E. Customer Number to be assigned• #17,2623, 172624, 172625, 172626, #172627. F. Prospects for Additional Customers to be served by the Proposed Line• 2. Engineering Review (To be completed by Engineering) A. Received -by -Engineering: Date B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3• Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) • 4. Posted to "As Built Plans": Operations: Date Signature Engineering: Date- Signature 360 T: 4T I jdh II aw"T J Z J � ¢ o: c BLOCK 99 LOT 30 I I LOT 13 r,l f r TRACT 1 _N ' h TRACT o 0 PART I PART 2 s 0.26 AC 3 0.26 AC r I ` Fee _ r `� } - TRACT 3 WS m In PART 2 JS T I 0.26 AC /So' !,I I / So' TRACT 3 - PART 1 0.26 AC I TRACT 2 I TRACT 2 PART 1 PART 2 0.26 AC rr 0.26 AC ,V 5'57 0/0,00 " c Por !su' 20 TRACT 1 -a dl PART 2 r 3 0.30 AC N rl m � !J G! ISM• zO' �°,-1 . KI ' ll " kAJ BAY AVENUE l60- R/Nl B' 'aVORS CERTIFICATE T, Charles 0. Summers, do hereby certify that this plat represents the results of 19 fT ,the nds that its isvey truemade and on OCT'' corre a the b my knowledge and belief. I , /e y CHARLES D. SUMMERS DATE Registered Public Surveyor Texas No. 2081 7 N S r 17 2 (3 ri •zo,oe' 17-z6zs IQ a° c m /s'O /7-2b2�'a v' TRACT 1 I PART 1 0.21 AC r , Y _ I a' n Poo 1 ISO .2o NOTE: IRS AT ALL CORNERS LESENDi IRS a IRON ROD GET IRF a IRON ROD FOUND POB a POINT OF BEGINNING I -le )-) r-1/ Z , '13e) W Alk11IJ f6. 2013 �t•_v/""°�a BOUNDARY SURVEY 0i�p . % * TRACTS 1 THRU 4 * V +......:... BEING LOTS 14 THRU 29 CHARLES D. SUMMERS BLOCK: 99 ..........2081 'e AIL00bME3 HEACI-i TOWNS I TE q �O,STC {, CALHOUN COUNTY, TEXASE• .n � SCALE V- 60' OCTOBER 1909 CRUS38RClADS E3Ui-4tVEY I N© P.O. BOX 500 VICTORIA, TEXAS PLAT REFERENCE, 77902 VOL. V PAGE 0 JOB NO. 1E322 FILE! 1- ALAMO BEACH TOWNSITE • UTILITY PERMITS - GTE - PRECINCT NO. 4 • is • Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the following permit to place buried cable along North ROW of Co. Road in Robin Wood Subdivision be approved.' Mc 500647 ED•135 IREV.1-60) ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION TO THE COMMISSIONER'S COURT OF CALHOUN DATE 11-01-89 COUNTY ATTENTION COUNTY JUDGE: Alex R. Hernandez Calhoun County Courthouse Port Lavaca, Texas 77979 Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in CALHOUN County, Port Lavaca, Texas as follows: GTE proposes to place buried cable along the north right-of-way of a county road in the Robin Wood Subdivision for a distance of 2092'. Cable will be buried 5' inside the north right-of-way. Beginning where the county road and F.M. 2235 intersect. All cables will be placed at a minimum depth of 30". See Attached Sketch. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after GTE SOUTHWEST I By PROJECT COORDINATOR Address P. 0. BOX 1112 ROBSTOWN. TEXAS 512/387-6433 November 10, 19 89 . 353- r� u CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: PATRICK J. VAJDOS PROJECT COORDINATOR P. O. BOX 1112 ROBSTOWN, TEXAS 78380 • The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 11-01-89 except as noted below. It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Oscar F. Hahn , telephone S12/785-"t141 Commissioner of Precinct No. 4 forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. • Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 13th day of Nov. 19 89 , and duly recorded in the Minute Book of the Commissioner's Court of - Calhoun County, Texas. :z 3 64 • �J • c� I' rq N ROBINWOOD SUbDIVISIDN ��Lq / � h �2 ZQ;.A Cn. RD. PAVED G T E PROPOSES TO PLA-� E CAA LE I N THE NORTH Pbtt/ FDIC A D IS TA ILE OF 2p9Z , MC 600664 ED-1721REV.1-881 ARC -SOUTH TEXAS „ ® Southwest TAXC1 . 4-D SD 5 PORT LAVACA TFAfIS va W PU/ V owr[ I D- I Y -$'J m mm ,�,,a„ CQUUTY NOTI FICATlOA1 MAv sv PWV o, /O EURIED CABLE CALHDUKI A..a - �,Lo oA.. to-1D-$g TY Ncr16ED sv DArc �A1-e N T-5 sHLR I of I •• Q t - E /n E 1339 95s ACCOUNTS ALLOWED - B.D.HOLT CO., EQUIPMENT REPAIRS, PRCT. 1 Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the Court authorize repairs to Caterpiller Machine in Precinct No. 11 BIDS AND PROPOSALS - 15' BAT WING MOWER, PRECINCT NO. 1 The following bids were received for a 15' Bat Wing Mower • for Precinct 1 and upon motion by Commissioner Belk, seconded by Commissioner Smith and carried, the low bid of Farm Industrial Co. in the amount of $8017.90 was accepted. John Deere, Edna $9025.00 Mauritz Co., Ganado 8750.00 Farm Industrial Co. 8017.90 8863.00 Gulf Truck & Tractor Co. 8379.00 Victoria Farm Eqpt. Co. 9550.00 COUNTY TREASURER'S MONTHLY REPORT The County Treasurer presented her monthly report and after reading and verifying same, a motion was made by Commissioner Hahn, seconded by Commissioner Smith, and carried, that said report be approved. • ACCOUNTS ALLOWED - COUNTY, SHERIFF'S DEPARTMENT Motion by Commissioner Hahn, seconded by Commissioner Smith and carried, that $359.33 Beddeclared an emergency, and payment approved. ACCOUNTS ALLOWED - COUNTY The County Auditor presented claims totalling $226,920.56 and. after reading and verifying same, a motion was made by Commis- sioner Smith, seconded by Commissioner Belk, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL The County Auditor presented claims totalling $441,686.26 and • after reading and verifying same, a motion was made by Commis- sioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. THE COURT RECESSED UNTIL FRIDAY, NOV. 17TH AT 10:00 A. M. .351, NOVEMBER 17, 1989 ALL MEMBERS PRESENT TAX ABATEMENT COMMITTEE By general consensus the Court named Judge Hernandez and Commis- sioner Mikula to serve on the Tax Abatement Committee. • BIDS AND PROPOSALS - INSURANCE, AMBULANCE EQUIPMENT Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the bid of Foss, Cates, Hudson & Sims Agency be accepted in the amount of $4,675.00. HEALTH DEPARTMENT - SANITARIAN II Motion by Commissioner Mikula, seconded -by Commissioner Smith, and carried, that the County designate the Sanitarian II position as_a local position -and fund it accordingly con the recommendation of the State. DISASTER RESPONSE UNIT - EMS • Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the Disaster Response Unit not be paid out of County Funds but paid out of EMS Sinking Funds. EMERGENCY MANAGEMENT Billy Zwerschke met with the Court to discuss emergency power plants and maintenace for the power plants. He asked the Court to consider a maintenance contract at a cost of $910.00 per year. The Court took no action at this time. HOSPITAL - BOARD OF MANAGERS The Court considered the possible dismissal of Wayne Wehmeyer, • Chairman of the Hospital Board of Managers. Larry Dio, Attorney representing Mr. Wehmeyer, told the Court Mr. Wehmeyer cannot be dismissed without due processssince Mr. Wehmeyer is considered a public official. Mark Kelly, Criminal District Attorney, representing the Com- missioners' Court, said in his opinion the Court has the authority to dismiss Mr. Wehmeyer. A motion was made by Commissioner Belk that Mr. Wehmeyer remain on the Board of Managers of Memorial Medical Center. Motion died for lack of a second. After further discussion, the Court took no action. 357 ACCOUNTS ALLOWED - HOSPITAL...._. Motion by Commissioner Belk, seconded by Commissioner Ifikula. and carried, that the bill of Dr. Knopp.be,paid. ACCOUNTS ALLOWED - HOSPITAL Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the bill of Dr. Julius Shepherd be paid. CLOSED SESSION - CONFER WITH ATTORNEY The Court being in open session in compliance with the pertinent provisions of Sec. 3A of Art. 6252-17 of Texas Civil Statutes, the County Judge as presiding officer publicly announced that a closed session would now be held under the provisions of Sec. 2e of said Art. 6252-17 for the purpose.of_conferring .with the. County's attorney. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said closed session, this meeting will be reopened to the public. The Court then went into closed session. At the end of the closed session the meeting was reopened to the public, and a motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried, that in the Ferris Williams case the County make an offer to pay the attorney's fees of $5,000.00 and expenses 6f $3,000.00. ACCOUNTS ALLOWED - COUNTY The County Auditor presented claims totalling $58,30.7_.20. and after reading and verifying same, a motion was made by Commissioner Hahn seconded by Commissioner Belk, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - JAIL GROCERIES. Motion by Commissioner Belk, carried, that an emergency be for the jail in the amount of ACCOUNTS ALLOWED - HOSPITAL seconded by Commissioner Hahn, and declared and the bill for groceries $2223.88 be approved. The County Auditor presented claims totalling $15,695.86 and_ after reading and verifying same, a motion was made by Commis- sioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. • • WA TAX ASSESSOR -COLLECTOR MONTHLY REPORT The Tax Assessor -Collector presented her monthly report and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried, that said report be approved. • THE COURT ADJOURNED. SPECIAL NOVEMBER TERM HELD NOVEMBER 30, 1989 BIDS AND PROPOSALS - CONSTRUCTION OF NEW LIBRARY Bids were received for construction of new library but were tabled until the December llth meeting of the Commissioners' Court. (See Tabulation Sheet on Pg. 360) CITY OF PORT LAVACA - MASTER DRAINAGE PLAN Mayor Kenneth Lester discussed the Master Drainage Plan for the City of Port Lavaca with the Court. • Ray Bridges with Urban Engineering explained the different areas to be included in the _plan as well as cost estimates for each area per acre. The estimated cost of the project is $2,200,000.00. Mayor Lester requested the Court to help the City enforce the Master Drainage Plan as well as any other assistance the Court might have available. By general consensus the matter was tabled until the January meeting. TAXES, GENERALLY - TAX FREEZE FOR HISTORIC STRUCTURE PRESERVATION, (OLD FIRST STATE BANK BUILDING) MRS. BELLE SMITH Don Lenertz asked the Court to consider Mrs. Smith's request for a historic structure preservation tax freeze on the old First State Bank building located on Lot.7, 48' of Lot 8, Block 8, City of Port Lavaca. • Motion by Commissioner M.ikula, seconded by Commissioner Belk, and carried, that the County approve the request of Mrs. Belle Smith, owner of Port Lavaca Title Company, for a historical preservation. tax freeze. (Supporting Documents recorded Pg. 379-399) r CALHOUN COUNTY LIBRARY BID TABULATION FORM ITEM EDNA LUMBER COLEMAN ROM COSTAL fCON�STRUCT. REXCO INC. REPCON COnEFCIAL KRUEGER CONSTRUCT. WILLIAMS INDUSTRIES PACK BROTHERS MATT VAREZ UNITEDCON BID BOND _ I BASE BID I 71 ooa Igo �a8 7`eD oho I cm /"no, � . �. Do0 ALTERNATE NO.1 - moan �ao�o ss000 �Gsoa �,00� 5soo� ALTERNATE NO.2 _ p 2 �6 :J� �700 0 ��dOa`J ^I �oV DO ll� OOt7 I 50 �0 O ALTERNATE NJ.3 0202o C7> a1000 o2 o �lo 3 O 0 ALTERNATE NO.4 ALTERNATE NO.5 lama ��oo ovD lJ a�ko saw j ago a ALTERNATE M.6 __ lop raaror� �%7S moo 7900 (0000 ALTERNATE NO.'7 RR 0 q /oSoO ALTERNAATE NO.8 �l�l-v goon ffooa ffloo q�o7 i 8500 ALTERNATE NO. 9 3-971 �900 .L�Do �loo .).Goo cdSoo ALTEHIVATE NO.IU l3�1� 7 IO /O o2000 'goo 30� I I - l5oa 40 149 49 TEXAS DEPARTMENT OF HEALTH - SHELLFISH DIVISION, OFFICE SPACE AT AGRICULTURE BUILDING Juan Gonzales with Texas Department of Health asked for office space in the Ag Building. He stated there would be two inspectors stationed here in Port Lavaca with the Shellfish Division of the State Department of Health. The inspectors will be responsible for testing the bay waters as well as the processing plants. • Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the County lease office space 'ai the Texas Depart- ment of Health, Shellfish Division, at the Ag Building on a 4 year term at $50.00 per month, and the County Judge be authorized to sign any necessary lease. STREETS, DISCONTINUED - PROPERTY EXCHANGED, TILKE AND CROCKER FIRST ADDITION (MAGNOLIA BEACH) Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the County pass an order abandoning and closing the S/2 of 25th Street and also exchange the s/2 of 25th Street for .27 ac., more or less, of Block 23, Tilke and Crocker First Addi- tion to Alamo Beach also known as Magnolia Beach. • July B, 198: Mr. Leroy Belk County Commissioner Seadrift Highway Port Lavaca, Texas 77979 RE: .27 acres, Block 23, Tilke/Crocker, Magnolia Beach Dear Leroy: This property approximately 12,000 sq. ft. with 80' frontage on Wedig St. located North side. of proposed Waste Water Plant is for sell. See survey enclosed. The appraised value by Russel Cain on request by the County is 8,500.00 dollars. See copy letter enclosed. My excepting price for this property in view of the coming events is 8,000.00 dollars. Alternate Offer: I would except a trade of County property 20' wide x 250' deep located at Indian Point , appraised by Russel Cain on request by the County is 3,000.00 dollars. Along with a cash balance of 5,000.00 dollars., tendered at time of trade. This Deed of Trust is clear and uncumbered. Sincere y, ` H. Glenn Davis P.O. Box 10011 Austin, Texas 78766 512-477-4311 &I �c Q�Real Esfafe FARM-RANCH•RESIDENTIAL-COM MERC IAL Hwy. 35 By -Pau Part Lavaca, Texas 77979 RUSSELL L. CAIN August 12, 1988 Calhoun County Commissioners Court Mr. Leroy Belk 211 S. Ann Port Lavaca, Texas 77979 Dear Mr. Belk: P.O. BOX 565 PHONE 512/552-6313 RE: Magnolia Beach, .27 acres, Block 23, Tilke/Crocker See attached plat As per your request, I have inspected the above captioned lot and find it to contain .27 acres. Please see attached plat. There is approximately 309.07 feet on Blackburn Street and 80 feet on Wedig Street. This particular tract has no improvements on it. As you know, a one acre requirement is necessary without a water supply or one-half acre with a water supply to build any type of permanent structure. Lots are listed for sale in the area for $3,500.00 with a dimension of 50 x 140. It is my considerec: the fair market value of this tract is $8,500.00. equivalent of .12 of an acre or so, and this tract in shape but contains .27 acres. Please contact me any questions. Sincefe�ly/,/�/��//�/ IRus ell Cain to $5,000.00 opinion that One lot is the is irregular if you have • • 0 0- r L J • R*elb Real Estate FARM-RANCH-RESIDENTIAL-COM MERCIAL Hwy. 35 By -Pass Port Lavaca, Texas TIM RUSSELL L. CAIN August 12, 1988 Calhoun County Commissioners Court Mr. Leroy Belk 211 S. Ann Port Lavaca, Texas 77979 RE: Calhoun County Road between 25th Street,,Block 19 & 20 in Mallory 1st Addition, Magnolia Beach Dear Leroy: P.O. BOX 565 PHONE 512/552-6313 Please be advised that I have inspected the land between Blocks 19 and 20 in Mallory's Addition. The land is 40 feet wide by approximately 250 feet. Please see plat attached. Land near the water such as this has been selling for $6,000.00 to $8,000 with an approximate dimension of 50 x 150 (Alamo and Magnolia Beaches). We have lots listed for sale in the area for $6,000. to $11,000.00. There have also been sales in the Bayside Beach area for $7,000.00 (50 x 120) in the past eighteen months. The highest and best use is for resort or second home. It is my considered opinion that particular piece is in the range the street value is $3,000.00 on requirement, a one-half acre site before building. Since ly, Russell Cain the fair market value of this of $6,000.00. Each one-half of today's market. As per state is needed with a water supply ss a P E T I T I O N THE STATE OF TEXAS •COUNTY OF CALHOUN � TO THE HONORABLE COMMISSIONERS COURT OF SAID COUNTY: The undersigned, being eight or more freeholders in Precinct No. 1 in said Calhoun County, Texas, hereby petition said Commissioners to discontinue, abandon and close the South one-half (1/2) only of Twenty-fifth Street; being that 1/2 adjoining Block 20; in Precinct No. One of said county, to -wit: Being 0.23 of an acre, more or less, situated in and a part of the A. Zimmerman Survey, Abstract No. 247, Calhoun County, Texas. Said 0.23 of an acre , more or less, being the East end of Twenty-fifth Street from Ocean Drive to Matagorda Bay as shown on a plat of the Mallary First Addition to Magnolia Beach recorded in Volume Z, Page 351 (Slide 215 A & B) of the Plat Records of Calhoun County, Texas. This 0.23 acres, more or less is more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron pipe found in the inter- • section of the North line of Twenty-fifth Street and the East line of Ocean Drive for the Northwest corner of this 0.23 of an acre being described also being the Southwest corner of Block 19 of the said Mallary First Addition to Magnolia Beach; THENCE 740 15' E with the North line of said Twenty - Fifth Street a distance of 250.0' to a 5/8 inch iron rod set for the Northeast corner of the herein described 0.23 of an acre, also being the Southeast corner of said Block 19, Mallary First Addition to Magnolia beach; THENCE S 150 45' E a distance of 40.0 feet to a 5/8 inch Iron rod set for the Southeast corner of this 0.23 of an acre being described, also being the Northeast corner of Block 20, Mallarys First Addition to Magnolia Beach; THENCE S 740 15' W with the South line of Twenty - Fifth Street a distance of 250.0' feet to a 5/8 inch bolt found In the East line of Ocean Drive for the Southwest corner of the herein described 0.23 of an acre, also being the Northwest corner of said Block 20, Mallarys First Addition to Magnolia Beach; THENCE N 150 45' W a distance of 40.0 feet to the PLACE OF BEGINNING; containing within these metes and bounds 0.23 of an acre, more or less, situated in and a part of the A. Zimmerman Survey, Abstract No. 247, Calhoun County, Texas. (See Exhibit A attached hereto) The above field ntoes were preprared from an actual on the ground survey made In May, 1988 under the direction of Telmond E. Tuch, Texas R.P.S. No. 1840. The above described property will no longer be needed as a public street because of the development In the area. THE PETITIONERS request the Court in conjunction with the closing of the above described portion of Twenty-fifth Street, to exchange the above described property for the following tract of land from H. Glenn Davis, to -wit: • BEING 0.27 acres, more or less, situated in a part of the Jose Maria Mancha Survey, A-236, Calhoun County, Texas. Said 0.27 acre, more or less, being part of Block 23 of the Tilke & crocker First Addition to Alamo Beach (known as Magnolia Beach) as per plat of said Addition recorded in Volume Z, page 126, slide 104B, of the Plat Records of Calhoun County, Texas and also being part of that same tract of land described in a deed from R. K. Turpen to H. Glenn Davis dated April 25, 1984 and recorded in Volume 374, pages 209-210 of the Deed Records of Calhoun County, Texas. This 0.27 acre, more or less is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set for the North corner of this 0.27 acre, being herein described, at the inter- section point of the Southeast line of Wedig Street with the Southwest line of Blackburn Avenue. Said set 5/8 inch iron rod also being the North corner of the aforesaid Block 23 of the Tilke & Crocker First Addition to Alamo Beach (Magnolia Beach); THENCE, S 560 34' 30" E along the Southwest line of Blackburn Avenue for a distance of 309.07 feet to a 5/8 inch iron rod set for corner; THENCE, N 710 34' 30" W for a distance of 298.54 feet to • a 5/8 inch iron rod set for corner in the Southeast line of Wedig Street; THENCE , N 180 25' 30" E for a distance of 80.00 feet with the aforementioned Southeast line of Wedig Street to the PLACE OF BEGINNING; CONTAININT within these metes and bounds 0.27 acre, more or less,being part of Block 23 of the Tilke & Crocker First Additin to Alamo Beach (Magnolia Beach) situated in and a part of the Jose Maria Mancha Survey, A-236, Calhoun County, Texas.(See attached Exhibit B). The field notes of the above Tract was prepared.from an actual on the ground survey in July, 1985, under the direction and supervision of Telmond E. Tuch, R.P.S. No. 1840. WHEREFORE, the undersigned pray that after due notice of this Petition has been given as required by law, said Commissioners Court enter an order discontinuing, abandoning and closing the above described portion of the street and approve the negotiations for the exchange of any interest Calhoun County has in the 0.1150 • acre tract for the interest of H. Glenn Davis in the 0.27 acre tract. _t7 The above described property will no longer be needed as a public street because of the development in the area. A true and correct copy of the Petition of the undersigned for the abandonment of such street is attached hereto: ADDRESS C�� t a w Cra 2e. a .dam 1-37 /3l7 MMaw- ,!.. �/- r� M MA TA GORDA DAY • SET 5/8" b b IRON ROD b S/S°45E b 400, -SET S/B"IRON ROD Viz. W � � � h � K Z „ J y V J fN0 5/B" - /AON PIPE f— PN'O 5/8 " Bat T BPLACE PD Nl5°45'W NB 400' O OCEAN - DR PL A T NOTE: III Is' S111M.'I WAS DoNi. IJI'1'111)14 .1'Il1( All) NP 'Hill I I I'1.1( RIAPOI:'I�. I, TFI.IIIINI) I:. 'I'OCII, A RFC 1:41 :RI':O I'I'CI.IC SI'RVI:i (11", HO 111AZ M, (:h:R'f I FY I'11A I' 'I'III: ::I II IIJX llI:M;()1 RI!I'It11SENIS 1*111: UP AN ON '1*111. cl'olwm 'Illlau1:IAUI: IlNMAZ :IY IM!V.i:TINN ANI) SUPERVISFNN IN iIAY 1988, ANI) 'IIIA'I' Al.l. COAWHI;\ ARE AS II b;R1;NN', • '••••'i ""' RM;I SM'RP:IT I'IIRIAC SURVI:Y(111 B��C;a�Ua�Jt�l "A" S EXHIBIT ENGINEERS G & SURVEYORS I-M d „I T\.,, III : Pi 1 11i PORT LAVACA BAY CITY I.: irsI .Wd. C\�.f�•::aa. I.. ;Ly;ro�l i.1 II�.irh, l:.ilh�nu\ • C� CJ P NOTICE OF APPLICATION TO CLOSE AND ABANDON PORTION OFF A STREET THE.STATE OF TEXAS I Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN 4 NOTICE IS HEREBY GIVEN that application will be made to the • Commissioners' Court of Calhoun County, Texas, at its next term to be held in the courthouse of said County in Port Lavaca, Texas on , for the discontinuance, abanaonment ano closing of the South one-half 0 /2) only of Twenty-fifth Street; being that 1/2 adjoining Block 20; in Precinct No.One of said County, to -wit: BEING 0.23 of an acre, more or less, situated in and a part of the A. Zimmerman Survey, Abstract No. 247, Calhoun County, texas. Said 0.23 of a acre, more or less, being the East end of Twenty-fifth Street from Ocean Drive to Matagorda Bay as shown on a plat of the Mallary First Addition to Magnolia Beach recorded in Volume Z at Page 351 (Slide 215 A & B) of the Plat Records of Calhoun County, Texas. This 0.23 acres, more or less, is more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron pipe found in the inter- section of the North line of Twenty-fifth Street and • the East line of Ocean Drive for the Northwest corner of this 0.23 of an acre being described also being the Southwest corner of Block 19 of the said Mallary First Addition to Magnolia Beach; THENCE N 74' 15' E with the North line of said Twenty - Fifth Street a distance of 250.0' to a 5/8 inch iron rod set for the Northeast corner of the herein described 0.23 of an acre, also being the Southeast corner of said Block 19, Hallary First Addition to Magnolia Beach; THENCE S 15' 45' E a distance of 40.0 feet to a 5/8 inch iron rod set for the Southeast corner of this 0.23 of an acre being described , also being the Northeast corner of Block 20, Mallary First Audition to Magnolia Beach; THENCE S 74' 15' W with the South line of Twenty-fifth Street a distance of 250.0 feet to a 5/8 inch bolt found in the East line of Ocean Drive for the Southwest corner of the herein described 0.23 of an acre, also being the Northwest corner of said Block 20, Mal larys First Addition to Magnolia Beach; Thence 150 45' W a distance of 40.0 feet to the PLACE OF BEGINNING; Containing within these metes and bounds 0.23 of an acre, more or less, situated in and a part of the A. Zimmerman Survey, Abstract No. 247, Calhoun County,Texas • The above fi,e.T.d notes were prepared from an actual on the ground -purvey made under.the.direction and'supervisfon of Telmond E. Tuch, Texas R.P.S. No. 1840, in May, 1988. 3L9 The above described property will no longer be needed as a public street because of the development in the area. A true and correct copy of the Petition of the undersigned for the abandonment of such street is attached hereto: ADDRESS C7a 2e. A-1 .dam 137 /Z /7 Z7 is • 376 MA TA GORDA 84Y • • • se s/B" aKa IRON q00 S/5°45'E `0 �\ ` 400' -7 >; 7 0 AL 7 S/B"IRON ROD A_LE'Y 13 o W , v h END 5/B' :BON p/pE ENO S/B" sot PLACO E_j NI 045W iEG/NNINB 40 O L - - _-_.-- i_ OCEAN _ DR PL A T NI)'1'1':: 'I'IIIS SURVEY WAS Do.m: wl l' lH)Ill'1111; ,\II) OF 'Hill '1'1'1'I.1: 1:1:1101U. I, 'I H.1IlNU I.. 'I'UCII, A I: ba:ltil'I'.I:I(U I'I'IN.I(: 5;IIIWI!YI)IJ, 110 1WRIiUY f.1':R'I'IP1' 'I'lIM '1111: VIA] :11101J."4 III;RI':ON RI':1'l\,I:SHN'I'S 'I'III'; I; Ii51!L'I':: UP AN "N '1'11K GIMU:JU "URVE):.'l)\I)I: UNI)11I( :IY 111RhC'1'ION AND SI11'131WINIIIN IS MA: 19A", ANII 'VIIAV Ai.1. CORNVIfS ARE AS SHOWN MIRCON. P� .. TFk ••.TELMO�TUCH ltl. IiNn r:. •••�............. ••• 111FG Is, ('1:11, l) I'UMAC S11RVP:YOR O•. 1840 NO, 18!n EXHIBIT A Briu), II„'{ nl .m nrn mnr.'�r Ir>w. ENGINEERS G Q ;,;;,1 .•.,a \, (X � SURVEYORS I 'I\arnl c I'i l l h :.I yn l I:n'y . PORT IAVACA Pi re+I Add l.� fLip,m�l i.i U��.n�h, C.ilh�nin RAY/� CITY •�„ .Y. �. b by �� /U - C!/ 371 NOTICE OF EXCHANGE BY THE COUNTY OF CALHOUN OF REAL PROPERTY NOTICE IS HEREBY GIVEN that Petition has been filed for the closing of an 0.115 acre tract; said tract being the South one-half (1/2) only of Twenty -Fifth Street; being that 1/2 adjoining Block 20; in Precinct No. One of said county, and being 1/2 of the 0.23 acre tract situated in and a part of the A. Zimmerman Survey, Abstract No. 247, Calhoun County, Texas, and being shown on a plat of the Mallary First Addition to Magnolia Beach recorded in Volume Z at Page 351 (Slide 215 A 6 B) of the plat records of Calhoun County, Texas, in exchange for the title and deed to a 0.27 acre tract owned by H. Glenn Davis of Travis County, Texas, situated in the Jose Maria Mancha Survey A-236, Calhoun County, Texas and being a part of Block 23 of the Tilke 8 Crocker First Addition to Alamo Beach (known as Magnolia Beach) as per plat of said Addition recorded in Volume Z, page 126. slide 104B, of the Plat Records of Calhoun County, Texas. That the market value of the 0.1150 acre tract of land has been appraised at $ 3,000.00 by the court appointed appraiser and the 0.27 acre tract of land has been appraised at $9,500.00 by the court appointed appraiser. That the PetitFon to close a 0.1150 portion of Twenty-fifth Street and make the exchange for a partial payment of the 0.27 acre tract is set for a hearing before the Commissioners' Court on November 30th, 1989, at 10:00 A.M., Commissioners' Courtroom, Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas. That the Commissioners' Court of Calhoun County, Texas has the right to reject any and all offers. LEROY BfLK, COMMISSIONER OF PRECINCT NO. 1 COMMISSIONER OF SALE PUBLISHER'S AFFIDAVIT I solemnly swear that the above notice was published three (3) consecutive weeks in the Port Lavaca Wave, a newspaper printed In Calhoun County, Texas, and of general circulation in said County, and the dates and issues of said newspaper bore in which said notices were published were November 10 November 17 and November 24, 1989. A copy of the notice as published, clipped from the newspaper, is attached hereto. PUBLISHER Chester ... SUBSCRIBED AND SWORN TO BEFORE ME by Chester Ci-C8.4rl on this the 29th day of November 19 9 to4cer which witness my hand and seal of of Ice. NOT U LIC I yND FOR'.. zz THE T OF TEYS li �.bafer ❑21=92 • • • Port Lavaca, Wave, FrIABYj Nov.:10, 1989—Page 9A J Public Notice -,".:e. 'I i NOTICE OF!. r EXCHANGE BY THV• � i ?COUNTY OKCALHOUN i'+-OFRgALPROPERTY,a 'NOTICE IS HEREBY 'GIv.1114thatPetitionlusbeen filed 6i'" closing of an 0.115.-acre tract; said tract being,ifte South on"half (11 2) only, ofTwenty-Fifth.! Street; being that Madj&w ' 'ingBlock20;inPrecinct No: 4 One ofaakicounty, and being ' If2ofthe 0.23acre tMcts1.tu—C ated in and a pan of the A��� ZmUfterman Survey, Ab;IL: stract"No: 247.-, Calhwr t: Cc ,Tm i tmw;'�and being'; a. "' shown on'A plat of the Mal, lary First Addition to Mag:'� ,noliaBeach recorded iri.Vol..; umeZith$0151 . (Sli&215..1 A & B) of the plat records of Calhom Counly..Texas, as exchangef4thetitleanddead to a 0.27 acre, tract owned by M.Glesin Davis, of,Travib County,Texiis:situatedinthi .lose Maria Mancha Survei!'� A-236, -Calhoun'-'County.;,-V Texas •and being a part of.; Block.' 23 -of the'Tilka X, Crocker First-Addition.,so Alarno.beach (knownJILS' Magnolia Beach) is per pla0f of said Addidru iecor I dod ka Volume, Z,page ! 126. .; slide; 10411,of the P1 t R ecords of?' Calhoun County, TekM.7hat1,1 thimarketvalmof the O.1 1501 acre tract of land has; becti;L appraised atViO00.006y" murtappointed . . .4 appnuseran4, the 0.27 acre, tractof i has been appraised at $8.500 by, tha.court appointed &Ft7; praiser, - That the Petition to close 6.1150'portion otTwenty�- fifth Street and make the4 exchange for a partial pay'. meht*f the 027 acre tract Uy: set f0i A hearing before the ; Commissionces;t!mui c4w' November!39tl%-:11989,�;aj.: 10:00 A.M.. Commissioners! - Courtlunt&-,211 South Ann T Street. Port I.Avaca, Tcxai.',,, i That the Commisenmers7�� • CourVpf. Calhoun Courdy,x, Texishasthe right tom* LEROY BEM,%�'• 573 r� u DERCLOSINGAND ABANDONING PORTION OF STREET THE STATE OF TEXAS COUNTY OF CALHOUN Q WHEREAS, on this the �P tt was duly presented and came on for day of 1989,there a hearing by the Commissioners' Court of Calhoun County, Texas, a Petition of Barbara Tipton and • others as freeholders in Precinct No. 1 in Calhoun County,Texas, wherein the said Barbara Tipton and others petitioned the Commissioners' Court to close and abandon a portion of a street in Calhoun. County, Texas, and being described as the South one-half (1/2) only of Twenty-fifth street; being that 1/2 adjoining Block 20; in Precinct No. One of said county, to -wit: BEING 0.23 of an acre, more or less, situated in and a part of the A. Zimmerman Survey, Abstract No. 247, Calhoun County, Texas. Said 0.23 of a acre, more or less, being the East end of Twenty-fifth Street from Ocean Drive to Matagorda Bay as shown on a plat of the Mallary First Addition to Magnolia beach recorded in Volume Z at Page 351 (Slide 215 A & B ) of the Plat Records of Calhoun County, Texas. This 0.23 acres, more or less, is more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron pipe found in the intersection of the North line of Twenty-fifth Street and the East line of Ocean Drive for the Northwest corner of this 0.23 of an acre being described also being the Southwest corner of Block 19 of the said Mallary First Addition to Magnolia Beach; THENCE N 74°15' E with the North line of said Twenty -Fifth • Street a distance of 250.0' to a 5/8 inch iron rod set for the Northeast corner of the herein described 0.23 of an acre, also being the Southeast corner of said Block 19, Mallary First Addition to Magnolia Beach; THENCE S 150 45' E a distance of 40.0 feet to a 5/8 inch iron rod set for the Southeast corner of this 0.23 of an acre being described, also being the Northeast corner of Block 20, .Mallary First Addition to Magnolia Beach; THENCE S 74' 15' W with the South line of Twenty-fifth Street a distance of 250.0 feet to a 5/8 inch bolt found in the East line of Ocean DRive for the Southwest corner of the herein described 0.23 of an acre, also being the North- west corner of said Block 20, Mallarys First Addition to 5%4- • Magnolia Beach; Thence 150 45' W a distnace of 40.0 feet to teh PLACE OF BEGINNING: containing within these metes and bounds 0.23 of an acre, more or less, situated in and a part of the A. Zimmerman Survey, Abstract No. 247, Calhoun County,Texas. The above field notes were prepared from an acutal on the ground survey made under the direction and supervision of Telmond E. Tuch, Texas R.P.S: No. 1840, in May, 1988. ( See attached Exhibit "A"). It appearing to the Commissioners'Court that notice of application to close and abandon a portion of a street has been duly posted at the Courthouse door of Calhoun County, Texas and at two other public places in the vicinity of said street as required by law, and that this Court has venue and jurisdiction of the subject matter. IT IS;.THEREFORE, ORDERED that the portion of the street as • described above shall be discontinued and officially closed as a public street; however, possession of same and the vesting of title shall not be rendered by Calhoun County until the Commissioner of Sales files.his report and the Order approving the Report has been approved by the Commissioners' Court of Calhoun County, Texas, and H. Glenn Davis and the proper party in title executes a deed to Calhoun County for the following described tract of land, to -wit: BEING 0.27 acres, more or less, situated in a part of the Jose Maria Mancha Survey, A-236, Calhoun County,.TExas. Said 0.27 acre, more or less, being part of Block 23 of the Tilke & Crocker First Addition to Alamo Beach (known as Magnolia Beach) as per plat of said Addition recorded in Volume Z, page 126, slide 104 B, of the Plat Records of Calhoun county, Texas and also being part fo that same tract of land described in a deed from R. K. Turpen to H. Glenn Davis dated April 25, 1984, and recorded in Volume 374, pages 209-210 of teh Deed Records of Calhoun County, Texas. This 0:27 acre, more or less is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set for the North corner of this 0.27 acre, being herein described, at the inter- section point of the Southeast line of Wedig Street with • the Southwest line fo Blackburn Avenue. Said set 5/8 inch iron rod also being the North corner of the aforesaid Block 23 of the Tilke & Crocker First Addition to Alamo Beach (Magnolia Beach); .37-5- THENCE, S 560 34' E along the Southwest line of Blackburn Avenue for a distance of 309.07 feet to a 5/8 inch iron rod set for corner; THENCE, 71° 34' 30" W for a distnace of 298.54 feet to a 5/8 inch iron rod set for corner in the Southeast line of Wedig Street; THENCE, N 18° 25' 30" E for a distance of 80.00 feet with the aforementioned Southeast line of Wedig Street to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.27 acre, more or less, being part of Block 23 of the Tilke & Crocker First Addition to Alamo Beach (Magnolia Beach) situated in and a part of the Jose Maria Mancha Survey, A-236, Calhoun County,-TExas. (See attached Exhibit B). The field notes of the above tract was prepared from an actual on the ground survey in July, 1985, under the direction and supervision of Telmond E. Tuch, R.P.S. NO. 1840.(See Exhibit B attached hereto). SIGNED AND ENTERED this 30th day of November, 1989. ATTEST: J'4- O & /Jig?/ MARY VOIS McMAHAN Coutny Clerk COMMISSIONERS' COURT CAL,"UN,"-LINTY, TEXA County Judge L.ommissiorter, Precinct No. I 0 Commissi n r, recinct No. 2 ommiss o� Precinct No. 3 Commissioner, Precinct No. 4 • r LJ • 37L _�- MA TA GORDA BAY SET 5/R' b b IRON ROD S150,15 'E b .SET 5/8"IRON ROO 400, n Vcz. o O.23 ACRE �✓ i /4 1 � O n v Jj h— v C V , J FNn s/e" RON PIPE `I r FND s/O" BOLT PL. ACE OF N/5°45'W TO,NN/NO 400. DR PL A T II WTI'IC: 'PIIIS SIIRVIA WAS DOSI: to] 111 it '1*116: ,\III Of '1116. I111 E. 1:1:1411;1 I, 'I'I•:L:IUNII L. 'IITI1, A REG1:;'1'RRb:ll 11PLI.II: SI9i\'b:1'I112, I1ll CI':RTIFI' 'I'll:\'I' '1'111i I'I.A'I' SIIOWN 111:1lal.N l:l•:I'I"KNEa'I'S 'IAII: I; h:51'I: I';: 1W ,\a 11:. THE C1401IND SIIRV[:N' :IAIII; UNIWI; :IY DIRECTION AND 5111'I•:R\'ISllly IS m.\Y 1988, ANTI 'HIA'I' I\I.I. CORNEW; AM: AS SIIOW.Ni IlhaiI;IIN. MONDE.TUCH* 1.1. livn b:. '1 It �11r ... `. ..�••••• •••••;.• Rb:CIST1:RED 110RI.IC ::111:\'NYOR .Ali 184D v .oQ- AO. 1440 C Sl1R EXHIBIT A " " (AREA OUTLINED IN RED) ._, ENGINEERS G R,•iul; u..'1 nl .m :h'1�.• uu.n' nl' Irr::;, & SURVEYORS 1;:::u , n l nl 're iu •: rl l 11 is ., 71a1 lar " PORT LAVACA RAY MYCu, Pi rrl .\dd. '1, h. 377 n I ll X 3) 1 44 Al v c�� • M i�l y YI 1_4' ' 1 y .. IF `c n a , 29B.54��- A y _ • � - , .• EXHIBIT "B" (Area outlined in.red) ;,:,1 1 %I c5kfain street `Project Port Lavaca N PART I: DESIGN APPROVAL I. DESIGN CONSULTATION A. Have you consulted with the Main Street Project Architect about your building's exterior improvement plan? Yes x No B. Have you consulted with another architect or contractor? briefly Yes No 1 C. If you did consult with another architect or contractor, please give that professional's name and address. Name: Wallace Phillips (WSP Construction Co.; Inc.) • Address: 225 N Virginia Port Lavaca, Texas II. EXTERIOR IMPROVEMENT PLAN Please submit the following information: A. Photograph(s) of the building which show the present form and condition of the structure. Black and white or color prints, snapshots, or instant prints are acceptable. B. Drawings and plans of the building which illustrate all proposed work. This includes any structural work or re- pair, paint colors, awnings, signs, etc. C. Information on the methods and materials to be used. D. Cost estimates of all proposed work. Please itemize the estimates. PLEASE RETURN TO MAIN STREET OFFICE • ,379 . A �%. fain street `Project Port Lavaca PART II: FINANCIAL APPROVAL I. REQUIRED DOCUMENTATION Please submit the following: A. Personal and/or business financial statement. (Include name, address, Tax ID#, Individual's Social Security Number, and DOB). B. Credit references. C. Proof of ownership (copy of deed). D. Cost estimates of proposed work. II. AUTHORIZATION FOR CREDIT REVIEW Please read and sign the following statement of authorization. I, the undersigned, do hereby authorize the Board of Review for Historical Districts to review and verify the financial statements and svnopsis of credit submitted with this application. PLEASE RETURN COMPLETED PART II TO THE OFFICE OF THE SERVICING AGENCY FOR THE MAIN STREET LOAN PROGRAM. DELIVER OR MAIL TO: • • 0 kll C� c5kfain Street `Project Pon Lavaca 'i APPLICANT • NAME: BELLE D. SMITH ADDRESS: P.O. Box 143, Port Lavaca, Texas 77979 TELEPHONE: 512 552-6761 DOB: May 10 i929 SOCIAL SECURITY NO.: 460-35-5402 TAX ID#: 74-2472345 BUILDING OWNER NAME: - PORT LAVACA TITLE CO. ADDRESS: P.O. Box 143, Port Lavaca, Texas 77979 TELEPHONE: 512 552-6761 • BUILDING INFORMATION BUILDING NAME/USE: ONE FINANCIAL CENTER HISTORIC NAME: ADDRESS: LEGAL DESCRIPTION: Part of Lot 7 and 8 See attached Exhibit A. BUILDING AGE: SQUARE FEET: approximately 10,000 EXHIBIT "A" TRACT_ I; I i Lot Seven (7) in Block Eight (8) of the ORIGINAL �OWNSITE OF PORT LAVACA, TEXAS, as per plat of record on the last page of Volume B Of the Deed Records of Calhoun County, Texas, &id being a strip 52 ft. in width parallel to Guadalupe Street and 108 ft. in length parallel to ,Main Street, and being the same tract or parcel of land described in deed from Josephine Boyd, et al to •First State Bank of Port Lavaca, dated August 1, 1947, recorded in Vol. 58, Page 427 of the Deed Records of Texas; SAVE AND EXCEPT a 20 Calhoun County, said lot which was conveyed b ft.w. strip off the Northeast end of Hotel, Inc. by deed dated December 1, 1948H. er� et al to Lavaca Page 637 of the Deed Records of Calhoun County, Texas.orded Vol. 65, TRACT _ The Northernmost forty-eight (48) feet of Lot Eight (8) in Block Eight (8) of the ORIGINAL TOWNSITE OF PORT LAVACA, as per plat of record on the last page of Volume B of the Deed Records of Calhoun County,_ Texas, and being a strip 48 ft. in width parallel to Guadalupe Street and 100 ft. in length parallel to the common boundary line between Lots 7 and 8 in Block 8, and being the same property, one-half of which was obtained by deed from L. Marsh to First State Bank of Port Lavaca, dated September 24, 1952, recorded in Vol. 83, Page 110, of the Deed Records of Calhoun County, Texas, and the remaining one-half of said tract having been purchased by First State Bank of Port Lavaca from T. B. Hargrove, as evidenced by deed dated November 5, 1952, recorded In Volume 83, Page 541, of the Deed Records of Calhoun County, Texas; SAVE AND EXCEPT a 20 foot strip off of the Northeast end of said lot which was conveyed by W. H. Bauer, et al to Lavaca Hotel, Inc. by deed dated December 1, 1948, recorded in Vol. 65, Page 637 of the Deed Records of Calhoun County, Texas. • U • DATE November 22, 1989 MEMORANDUM FROMt BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS TOs COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS THE BOARD OF REVIIWel}fAS1 �UI( APPLICATION OF m ,%NSIDEREp AND INVESTIGATED THE • FOR AN.HISTORIC STRUCTURE PRESERVATION TAX FREEZE ON THEIR PROPERTY LOCATED AT Corner of Main & Guadalupe PORT LAVACA', CALHOUN COUNTY,.TEXAS. THE PROPERTY IS APPROXI- MATELY 42 YEARS OLD, AND IS KNOWN AS Old First State Ban_7_B_u'1TTink ON THE BASIS OF THE INFORMATION SUBMITTED TO OUR BOARD, WE RECOMMEND THAT THE APPLICATION FOR EXEMPTION BE APPROVED. THIS APPLICATION HAS BEEN PREVIOUSLY APPROVED BY THE CITY OF PORT LAVACA AND TILE CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT. Donald Lener�z, Qhaipm�p 0 Em • MEMORANDUM FROMt BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS T0s BOARD OF TRUSTEES OF THE CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT THE BOARD OF.REVIEW HAS DULY CONSIDERED AND INVESTIGATED THE APPLICATION OF Belle H. Smith FOR AN HISTORIC STRUCTURE PRESERVATION TAX FREEZE ON THEIR PROPERTY LOCATED AT Corner of Main & Guadalupe PORT LAVACA, TEXAS. THE PROPERTY IS APPROXIMATELY - 42 YEARS OLD, AND IS KNOWN AS Al F;rst State Bank Building ON THE BASIS OF THE INFORMATION SUBMITTED TO OUR BOARD, WE RECOMMEND THAT THE APPLICATION.FOR EXEMPTION BE APPROVED. DATE_ K1ay" 1 o tg$� Donald Lenertz, Cha rm p ILM • DATE. N oj q 1 16 4h MEMORANDUM FROM: BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS TO: CITY COUNCIL OF THE CITY OF PORT LAVACA THE BOARD OF REVIEW HAS DULY CONSIDERED AND INVESTIGATED THE • APPLICATION OF Belle D. Smith FOR AN HISTORIC STRUCTURE PRESERVATION TAX FREEZE ON THEIR PROPERTY LOCATED AT Corner of Main 6 Gus alupg PORT LAVACA, TEXAS. THE PROPERTY IS APPROXIMATELY_ 42 YEARS OLD, AND IS KNOWN AS Old First State Bank Building ON THE BASIS OF THE INFORMATION SU MITTED TO OUR BOARD, WE RECOMMEND THAT THE APPLICATION FO EXEMPTION BE APPROVED. Donal enertz, Chairman C� • • APPLICATION PROCESS FOR DOWNTOWN BUILDINGS: . Application for an historic structure preservation tax freeze pursuant to this ordinance is to be filed with the Board. Said Board shall be the agent of the City of Port Lavaca for the purposes of administering this ordinance. Each application shall be signed and sworn to by the owner of the property and shall: (A) State the legal description of the property pro- posed for Certification; (B) Include an affidavit by the owner describing the historic significance of the structure in need of tax relief; (C) Include a projected set of plans for the historic structure's restoration or rehabilitation and/or preservation; (D) Authorize the members of the Board, the City Tax Assessor/Collector, and City officials to visit and inspect the property proposed for Certification; (E) Provide any additional information to the Board which the owner deems relevant or useful as the history of the structure or access to the structure by the public. Each application shall contain sufficient documentation confirming or supporting the information, submitted therein. 387 Port Lavaca Title Company P.O. Box 143 Port Lavaca, Texas 77979 (512) 552-5257 September 29, 1989 Main Street Project Port Lavaca, Texas Re: Belle D. Smith (Port Lavaca Title Co.) Gentlemen: The following contains information on the methods and materials to be used in the preservation and restoration of an historic structure located on parts of Lots Seven (7) and Eight (8), in Block Eight (8) of the ORIGINAL TOWNSITE OF PORT LAVACA, TEXAS, and presently.known as the "OLD FIRST STATE BANK BUILDING". REPAIRS AND CHANGES TO BE MADE TO THE INTERIOR OF THE BANK BUILDING ARE AS FOLLOWS: 1. Repair.electricial in burned ceiling aFea. 2. Replace ceiling joist and tile (ceiling) 3. Paint interior walls almond. r1 L..J • 4. Install divider walls 5. Carpet areas adjoining terrazza flooring (Burgundy) 6. Replace all water damaged walls and ceiling 7. Install 15 ceiling fans 8. Replace all ballast, if necessary, in all light fixtures. 9. Replace bath fixtures and plumbing. • 10. Enclose with partition walls three (3) private offices in adjoining wing. 11. Carpet all private offices. 12. Almond color mini -blinds on all windows & doors. Sincerely, 4Beh • • Port Lavaca Title Company P.O. Box 143 Port Lavaca, Texas 77979 (512) 552-5257 September 29, 1989 Main Street Project Port Lavaca, Texas Re: Belle D. Smith (Port Lavaca Title Co.) Gentlemen: The following contains information on the methods and materials to be used in the preservation and restoration of an historic structure located on parts of Lots Seven (7) and Eight (8), in Block Eight (8) of the ORIGINAL TOWNSITE OF PORT LAVACA, TEXAS, and presently known as the "OLD FIRST STATE BANK BUILDING". • REPAIRS AND CHANGES TO BE MADE TO THE OUTSIDE OF THE BANK BUILDING ARE AS FOLLOWS: 1. Remove all marble panels and build up panel area with cement mortar, textured to a smooth finish and painted WHITE. 2. Perma-Stone and brick exterior walls to be cleaned and painted ALMOND. 3. Large bold black letters "ONE FINANCIAL CENTER" will be displayed across the top of building facing Main Street. 4. Large bold black letters "PORT LAVACA TITLE CO." will be displayed above the. entrance facing Guadalupe Street. 5. Repair glass doors (2-entrances) 6. Replace outside lighting if necessary. 7. Remove old carpets in entrances. 8. Replace four 5 ton AC -Heat- Units to be installed on roof top. 9. Clean and paint covered patio area in color ALMOND. 10. Paint back walls of building in color ALMOND. 11. Repair roof (estimate enclosed) incerely, I elle D. Jsit� Fort % -rpris `s, 2619 Warehouse Succ1 P.O. Box 447 Port tan". Texas 77979 (512) 352-7484 FAX Y(512) 552-2999 523 Thompson We Austin, Texas 78742 P.O. Box 17305 Austin, Texas 78760 (512) 3854020 FAX /(512) 385.0072 October 12, 1989 Port Lavaca Title Co, 306 S. Virginia Fort Lavaca, Tx. 77979 Attn: Belle Smith Re: Re -roofing at the 1st State B1k& .Building at Guadalupe and Main St. (1) Remove and dispose of existing roof. (2) Inspect decking and repair if necessary, (3) Apply 1 layer of red rosin and 1 layer of fiberglass base sheet. (4) Pbp in 1/2" insulation board and _three plys of fiberglass felt with hot asphalt. (5) Surface with either asphalt and gravel or emulsion. (6) Install new base flashing with termination bar at exterior parapet avails and sheetmetal coping at interior walls. (7) Install base flashing at four A.C. unit curbs. (3) Replace gutter on back of building. (9) Install new galvanized vent bases and caps (36" hood and all copper caps will be re -used. Abandoned penetrations will be eliminated,) Price: $27,138.00 1 Price includes all materials, labor 13permits, insurance certification and sales tax. Carpentry, if any, will be extra, workmanship is warranteed for two years. C CYou Larry Supervisor/Estimator LC/db n U is C 16,020 WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS 1[ )( KNOW ALL MEN BY THESE PRESENTS COUNTY OF CALHOUN )( That we, LOUIS JAMAIL and wife, HELEN L.JAMAIL, of the County of Bexar and State of Texas, hereinafter called "Grantors", for and in consideration of the sum of TEN AND NO/100 DOLLARS 1$10.00) and other valuable consideration to the under- signed paid by the grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the • execution and delivery by Grantee of Its certain promissory note of even date herewith, In the principal sum of TWENTY SEVEN THOUSAND AND N01100 DOLLARS ($27,009.99), payable to the order of Grantors In monthly installments and bearing interest as therein provided, containing the usual clauses providing for acceleration of maturity and attorney's fees, the payment of which is secured by the vendor's lien herein retained, and is additionally secured by a Deed of Trust of even date herewith to Russell Cain, Trustee, have GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto PORT LAVACA TITLE CO., whose address Is P. 0. Box 143, Port Lavaca, Calhoun County, Texas, 77979, hereinafter called "Grantee", all of the following described real Property in Calhoun County, Texas, to -wit: TRACT I: Lot Seven (7) in Block Eight (8) of the ORIGINAL TOWNSITE OF PORT LAVACA, TEXAS, as per plat of record on the last page of Volume B Of the Deed Records of Calhoun County, Texas, and being a strip 52 ft. in width parallel to Guadalupe Street and 100 ft. in length parallel to Main Street, and being the same tract or parcel of land described in deed f:lm Josephine Boyd, at al to First State Bank of Port Lavaca, d led August 1, 1947, recorded In Vol. 58, Page 427 of the Dee,' --ds of Calhoun County, Vili. 35:'i; e' C1 Texas; SAVE AND EXCEPT a 20 ft. strip off the Northeast end of said lot whIcE was conveyed by W. H. Bauer, at al to Lavaca Hotel, Inc. by deed dated December 1, 1948, recorded in Vol. 65, Page 637 of the Deed Records of Calhoun County, Texas. TRACT 11: The Northernmost forty-eight (48) feet of Lot Eight IQ) in Block Eight (8) of thH ORIGINAL TOWNSITE Of PORT LAVACA, as per plat of record on the last page of Volume p of the Deed Records of Calhoun County, Texas, and being a strip 48 ft. In width parallel to Guadalupe Street and 100 ft. In lepgth parallel to the common boundary line between Lots 7 and 8 In Block 0, and bsing the same property, one-half of which was obtained by deed fropi L. Marsh to First State Hank of Port Lavaca, dated Septemper 24, 1952, recorded in Vol. 03, Page 110, of the Deed Records of Calhoun • County, Texas, and the remaining one-half of said tract having been purchased by First State Bank of port Lavaca from T. B. Hargrove, as evidenced by deed dated November 5, 1952, recorded in Vol. 83, Page 541, of the Deed Records of Calhoun County, Texas; SAVE AND EXCEPT a 20 foot strip off of the Northeast end of said lot wh ch was conveyed by W. H. Bauer, at al to Lavaca Hotel, Inc. by deed dated December 1, 1948, recorded in Vol. 65, Page 637 of the Deed Records of Calhoun County, Texas. SUBJECT TO any and all reservations, restrictions and easements which appear of record affecting the above described property. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and we do hereby bind ourselves, our heirs and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But It is expressly agreed that the VENDOR'S LIEN, as well • as the Superior Title in and to the above described premises, is retained against the above described property, premises and Improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and vn; 35 m s 423 • reading thereof, when this Deed shall become absolute. EXECUTED this 8th day of August, A.D. 1989. t LOUIS JAM IL f�„� , �Q N L. JAV L • THE STATE OF TEXAS COUNTY OF BEXAR )( This instrument p was acknowledged before me on the J day of August, 1989, by LOUIS JAM AIL and wife, HELEN L. JAMAIL. 0tary Py41 c, State of Texas • }. ,f;N� ,• ]AMES L 1t My. Commission Fx{?Ires U�,�� .1res • PREPARED IN THE LAW OFFICE OF: Robert Carl Bedgood P. 0. Box 33 Port Lavaca, TX 77979 vo; , 35 • : 424 393 • THE STATE OF TEXAS COUNTY OF CALHOUN u MARY LOIS McMAHAN, County Clark In and fpr said County, do herby cattily that the foregoing Instrument, with Its cerllllcale pt authentication, was filed lot record In my office, on the j 4h • day of August -A.D. 19 82 el 1: 25 o'clock P • M., and duly recorded the llth day of -AUg R , A.O. 19 R9 , In the Official Records In said County, In on page 422-425 Witness my hand and seal of Ilia County Court of said County, at office In Port Lavaca, Texas, Ilse day and year last above named. MARY LOIS MCMAHAN Clerk, County Court, I`nun County S Deputy Freddie A. Shively vnL 35 ;Afi 425 -394 • • • Proposal Proposal No. 1 FROM COASTAL Sign S Awning P 0 Box 7394 Sheet No. 1 Victoria, TX 77905-7394 Date 13 Oct 1989 1-800-752-9127 (512) 576-9682 Proposal Submitted To Work To Be Performed At Name Ms. Belle Smith StrooL 306 S. Virginia Street Main/Guadalupe City port Lavaca State TX City_ Port Lavaca Date of Plans Architect State TX 77979 Telephone Number 512 552-6761 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of Furnish 6 install (1) one set of cast aluminum letters with baked enamel finish -stud mounted to wall. Letters to bea,611 Optima Caps - COPY: ONE,..Ib7NANC Ah;,CENTER All material Is guaranteed to be as specified, and the above work to be performed In accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of with payments to be made as follows: Dollars (a 1 , 846.00 i, 50% Down Payment with Order/Balance Due on Completion Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be take- out by Coastal Sign S, Awning Respectfully submitted COASTAL Sign & Awni Per /u'_,_ !; r Note —This proposal may be withdrawn by us if not accepted within 10 days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature Tope NNM 3430 T LITHO IN V. S. A. Proposal Proposal No. 2 FROM COASTAL Sign & Awning Sheet No. 1 P 0 Box 7394 Victoria, TX 77905-7394 Date 13 Oct 1989 1-800-752-9127 (512) 576-9682 Proposal Submitted To Work To Be Performed At Name Ms. Belle Smith Street Main/Guadalupe 5koe 306 S. V rg nia St. CBy Port Lavaca, Stet TX Port Lavaca TX City State Date of Plan Architect — Telephone Number 512 552-6761 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of Furnish & install (1) one set of formed -plastic letters -stud mounted to wall. Letters to be 18" Optima Caps. COPY: QNR�JFINANCIALICBNTER All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($1 , 308 .00 1. with payments to be made as follows, 50% Down Payment with Order/Balance Due on Completion Any alteration or deviation from above specifications involving extra costs, will be exec.}ted only upon written orders, and will become on extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by Coastal Sign & Awning Respectfully submitted COASTAL Sign & Awning s Per Note —This proposal may be withdrawn by us if not accepted within 10 days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature • • TOPII FORM 3430 LITNO IN U. S. A. • • JECKER FLOOR & GLASS COMPANY }� In Business Since 1952 P.O.Proposal Port Lavacaavaca,, Texas 77979 SUBMITTED TO CODE Wahertby paopaaeb Molah mateAW and labor anemavy for the eompldeo of: 5121552 2B48 512/552-2849 Page No. PHONE of Pages T'vm JOB NAME JOD LOCATION— ����• /l� Orww .6Jry �/CJ JOp PHONE —Q�iI��GGa raavrvaas eeeny to baouh malefal and labor - complete in auaaecn with above specifications, fm the sum of: dollars fS/��p SS•Y5 l TERMS: ALL ITEMS DUE A. PAYABLE IN PORT LAVACA, CALHOUN Authoriecd COUNTY, TEXAS. 1 129e PER MONNI FINANCE CIIARGG Sipeattve ----� �---- -- ADDED ON 25TIl OF EACH MONTll FOLLOWING STATEMENT. NUIE: This proposal may be Withdrawabymif notaccepled within ACCEPTANCE OF PROPOSAL ITe sbuve Fs,., apneificriom as mm dlliom art Wlsfacmry and am horeby accepted. You are aWhariud b do the wort a aptciged. Psymeetwill bemadea oWioed abova Data of Accepaaca Si'naune`�+t� 397 Ur1li11113£il Page No. of Pages w a _ POWER ELECTRIC & HARDWARE CO., INC. P.O. Box 295 1305 North Virginia PORT LAVACA, TEXAS 77979 (512) 552.6600 or (512) 552-3823 PROPOSAL SUBMITTED TO Belle Smith PHONE PATE 552-5257 October 17, 1989 STREET JOB NAME Old First State Bank Building CITY, STATE AND ZIP CODE JOB LOCATION Port Lavaca, Texas 779 9 ARCHITECT DATE Of PLANS JOB PHONE We hereby submit specifications and estimates for:. Install 20 tons A/C - Sheet Metal Duct $ 19,000.00 Rewire Electrical in Building , .Repair ,.or. replace fixtures, run new service- to new A/C units. _ _.... i 8 e QO0.00 .........._....... _...._................_..... Be proptTSP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Thirt - Seven T oar a o ----------- dollars($ 37 000.00 Payment to be made as follows: All materiel is guaranteed to be as specified. All wort to be completed in a workmanlike manner according to standard practices. Any alteration or deviation Imm &bow specific. Authorized Lima Involving extra cope will be executed only upon wnsen orders. and will become an Signature extra charge over and above the estimate. All agreements contingent upon strikes, accidents or, delays interne our ...bel. Owner to carry tire, tornado and other necessary insurance. Note: This proposal may be 3 O Our wrk.rs an fully covered by Work...', Compensation Inaunnu. withdrawn by us if not accepted within days. • 0 • Arreptattre at f rp;tpgttl —The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: 3% Signature _ • • • Page No. of rages 1Y111�111ki£ll \ A-1 PLUMBING P.O. Box 4951 VICTORIA, TEXAS 77903 (512) 573.7139 PROPOSAL SUBMITTED TO PHONE DATE STREET JOB NAME / CITY, STATE AND ZIP CODE JOB LOCATION ARCHITECT DATE Or PLANS We hereby submit Specifications and estimates for: ..._._..................... ........... ... .....__.... .._.... 19F Fra}1aar hereby to furnish material and labor — complete in accordance with above specifications, for the stem of: Payment to be made as follows: _dollars ($ ). All material Is guaranteed to be as specified. All wod to be completed In a waramaohn, ing to standard a. Any Authorized practice.. deviation from above c manner involving Signature !1�[��L 1 — Iloa Involving axln tea become nite upon ri costs will secured only upon written orders, and will come executed an will n extra charge over and above the estimate. All agreements contingent upon arrives, accidents delays beYOM Owner lul, Inavunee. Notes This proposal may be or our control. to carry turned. and other necessary Our worvan mlullY cavarad by worhmeds Compenaatlon Insurance. withdrawn by us if nor ao:epted within__ _..... .__clays Arreptalar at Fropasat —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature i 399 CONTRACTS AND AGREEMENTS - JUVENILE DETENTION FACILITIES Motion by Commissioner Hahn, seconded by Commissioner Belk, and carried, that the following contracts for services with Juvenile Detention Facilities be approved and the County Judge authorized to sign said contracts: STATE OF TEXAS COUNTY OF ARANSAS CONTRACT FOR SERVICES This Contract is made by and between Aransas County, Texas and the Juvenile Board of Aransas County, Texas, hereafter called Aransas County and Calhoun County, Texas together with the Juvenile Board of Calhoun County, Texas, hereinafter called Calhoun County. In consideration of the mutual promises and obligations set forth hereinafter Aransas County agrees to furnish to Calhoun • County the facilities of its John D. Wendell Juvenile Shelter for Juvenile detention. The Juvenile Board of Aransas County, Texas in and for Aransas County agree; 1. To provide detention space, on condition that bed spaces available, supervision and services as set out by statutes rules and regulations p-romulgated by all legislative agencies and the Court of Texas and the United States; 2. To honor all lawful detentions ordered by Calhoun County Juvenile Courts or authorized by the Juvenile Authorities and not release any youth until release is authorized by said Court or Juvenile Authorities of Calhoun County; and 3. To submit a true and accurate billing to Calhoun County • snowing the number of days or service to the Juvenile Authorities of Calhoun County, such billing to be submitted no later than the loth working day of the month following the month in which the services were rendered. • The Juvenile Board of Calhoun County, Texas in and for Calhoun County agrees; 1. To pay Aransas County, Texas for the above described services at the rate of $70.00 per day of each child, and to make such payment in legal tender within the thirty days following receipt of the billing. A day shall be defined as a normal 24 hour day and any part of a day shall constitute a full day. 2. To pay for any emergency medical care if determined by • a licensed medical doctor that such care is proper and necessary without prior notification or authorization by Calhoun County. 3. To maintain close and frequent communications with the detention staff of John D. Wendell Juvenile Shelter regarding any pertinent activity. 4. To remove juveniles from John D. Wendell Juvenile Shelter facility within 8 hours, when notified that the facility is over crowded or the juvenile has become unmanageable. 5. To provide John D. Wendell Juvenile Shelter with proper legal forms of detention hearings as heard by Calhoun County. Such hearings or subsequent hearings and waivers of detention hearings must be held in Calhoun County according to Section 54.01 [sub. sec. (a)] of the Family code, specifically under one of the conditions in Section 54.01 [sub. sec. (e)]. • 6. To place the proposed approval of this contract on the agenda of the Commissioners Court of Calhoun County and to have same properly approved by the Commissioners Court and have said Commissioners Court properly authorize the County Judge of 401 • Calhoun County to execute this contract and to provide Aransas County with a certified copy of the minutes of the Commissioners Court meeting in which this contract and said authorization was approved. In the performance of all obligations undertaken under this Agreement, John D. Wendell Juvenile Shelter has the sole and exclusive right to supervise, manage, control, and direct the • performance of detention services and personnel, and Calhoun County shall have no right at any time to direct or supervise John D. Wendell Juvenile Shelter or its agents or employees in the performance of such services or as to the manner, means or method pursuant to which the services are performed. Calhoun County covenants and agrees that it will save Aransas County harmless from any and all expenses and damages growing out of the claims of all persons not parties to this Contract related to the acts of all agents, servants and employees of Aransas County in the performance of this Contract including both services rendered and the use and maintenance of tangible properties. Calhoun County covenants and agrees to pay all money damages imposed by any law or any Court decision upon Aransas County, its • agents or employees and any and all investigation and litigation expenses, court costs, interest and attorneys' fees incurred in resisting such claims within 30 days of the delivery of an itemized statement therefor to Calhoun County. 402 C� • This Contract may be terminated by Aransas County or Calhoun County for convenience or for cause, provided that termination for any reason shall not occur until 60 days following receipt of written notice by the party to be notified of such termination. The Contract period shall begin on January 1, 1990 and shall end on December 31, 1990. This Contract may be modified only in writing and upon mutual agreement of the parties. This Contract and any properly documented modification thereof shall constitute the entire agreement between the parties. ..ate. Uu uunzy nite�Doaro Aransas v Juve ile. Board BY: BY: Chairm A ex R. rnandez' Rachel Littlejohn Juven le Board o% Chairperson, Juvenile Calho n County, k Board of Aransas County, TX ADDRESS:211 S. Ann, Courthouse ADDRESS: P.O. Box 82 Port Lavaca, Tx 77979 Beeville, TX 78102 DATE: Nov. 30, 1989 DATE: CALHOUN COUNTY, TEXAS BY: County Judge Calhoun County, TX ATTEST: mz,- Clerky Calhoun County, TX Mary Lois McMahan • ADDRESS:211 s. Ann, Courthouse Port Lavaca, Tx 77979 DATE: Nov. 30, 1989 ARANSAS UNTY, FEXAS A,d/1l0 Jrn D. Wendell - County Judge Aransas County, Texas ATTEST: Clem Aransas County, Texas ADDRESS: Courthouse 301 N. Live Oak _Rockport, TX 78382 DATE: �� '�Zzyf T— [a • THE STATE OF TEXAS COUNTY OF FORT BEND INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF FORT BEND AND THE COUNTY OF CALHOUN This interlocal agreement is entered into between the County of Fort Bend, hereinafter referred to as "Fort Bend", and the County of CALHOUN hereinafter referred to as CALHOUN ". WHEREAS, CALHOUN desires Fort Bend assistance • in housing of juveniles at the Fort Bend County Juvenile Detention Center; WHEREAS, the governing body of CALHOUN has duly authorized this agreement; WHEREAS, Fort Bend desires to assist CALHOUN itl the housing of juveniles in the Fort Bend County Juvenile Detention Center; WHEREAS, the governing body of Fort Bend has duly authorized this agreement; and, WHEREAS, this agreement is made pursuant to and under the Provisions of Article 4413 (32c), Vernon's Texas Civil Statutes. NOW, THEREFORE, the County of Fort Bend and the County of CALHOUN mutually agree as follows. 1. The cost of housing juveniles in the Fort Bend. County Juvenile Detention Center will be $55.00 per day per person, which will include three meals per day and one snack. Fort Bend will bill CALHOUN monthly for the payment of Said hoUSing and any other costs incurred, pursuant to this interlocal agreement, and said bill will be paid by CALHOUN to Fort Bend within (30) days of receipt of same. 2. It is understood and agreed between the parties hereto that Fort Bend County Juvenile Department will not accept any first or second time runaways nor truants. 3. All cost of transportation shall be paid by the transferring agency and/or CALHOUN , which includes, but is not limited to, all transportation to doctors, medical clinics, and court. Provided, however, in the event of any emergency medical assistance, a Juvenile housed in Fort Bend, pursuant to this agreement, may be transferred by Fort Bend for doctor, medical treatment, and/or court appearances, with • 404 • CALHOUN being responsible for any and all medical, hospital, emergency room, and drug costs pertaining to same. 4. Under no instance will Fort Bend be responsible for any cost, whatsoever, incurred by a juvenile housed pursuant to this agreement, or in behalf of such juvenile, at any time such juvenile, is housed in the Fort Bend County Juvenile Detention Center. , 5. At the time the juvenile is transferred to Fort Bend, pursuant to this agreement, an authorization for emergency medical care must be forwarded with such juvenile, signed, witnessed, and notarized by the parents and/or guardians, and in addition thereto, the placing agency. 6. It is understood and agreed between the parties that it will be the responsibility of CALHOUN (and not Fort Bend) to pick up and transfer ally and all juveniles under their jurisdiction being held in Fort Bend • County Juvenile Detention Center, pursuant to this agreement, for any adjudication hearing, detention hearing, or any other Court appearance. 7. It is understood and agreed between the parties that Fort Bend is not, and will not be, responsible for keeping track of any court appearances of the juveniles from CALHOUN being held, pursuant to this agreement. S. The visitation of juveniles in Fort Bend County Juvenile Detention Center is Wednesdays and Fridays between 2 and 4 P.m., with no visitation on week -ends nor visitation on holidays. 9. It is understood and agreed between the parties that Fort Bend County retains the absolute right to refuse to accept any juvenile, with or without reason, and it is further understood and agreed, that Fort Bend has a right to request that any juvenile detained, pursuant to this agreement, be removed by CALHOUN upon ten (10) hours notice. 10. It is further understood and agreed that any officer who brings a juvenile to Fort bend county Juvenile Detention • Center must stay with such juvenile until the juvenile (s) has been processed into said center. 11. It is understood and agreed that this agreement may be terminated by either party at any time. 12. It is understood and agreed that this agreement automatically terminates oil December 31, 1990 405 SIGNED this 30th day of November 19 89 THE COUNTY OF FORT BEND, TEXAS , County Judge ATTEST: County Clerk APPROVED AS TO FORM: Chief Juvenile Probation Officer • • C 4106 RESOLUTION - FREEPORT EXEMPTION Judge Hernandez said he will contact Calhoun County Economic Development Corp., Chamber of Commerce and Calhoun County Indepen- dent School District.before any action is taken on the resolution. • COURTHOUSE Billy Zwerschke asked the Court to consider purchasing a protective covering for the eastern portion of the Courthouse. Mr. Zwerschke was asked to secure prices for such covern4rtg. ACCOUNTS ALLOWED - COUNTY Claims totalling $170,559.81 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL • Claims totalling $124i365.29 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - COUNTY A statement in the amount of $5,826.03 was considered, whereupon a motion was made by Commissioner Hahn, seconded by Commissioner Smith, and carried, that an emergency be declared and the bill of G & W Engineers in the amount of $5,826.03 be approved for payment. CONTRACTS AND AGREEMENTS - STEWART & STEVENSON SERVICES, MAINTENANCE AGREEMENT ON EMERGENCY GENERATORS Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the following Preventative Maintenance Agreement with • Stewart & Stevenson Services, Inc. for maintenance on emergency power units for one (1) year be approved and the County Judge be authorized to sign said agreement. 407 yfnwn --- �yggl6giL PREVENTATIVE MAINTENANCE AGREEMENT STEWART & STEVENSON SERVICES, INC. (hereinafter "S&S") agrees to provide to CALHUCOUNTY EMERGENCY —MANAGEMENT (hereinafter "Customer") and Customer agrees to accept and pay for parts and services necessary for the periodic inspection and repair of the equipment described In Exhibit "A" attached hereto (the "Equipment") in accordance with the following terms and conditions. I. Term: This agreement shall be for a term of ONE 1 herein below, and shall automatically renew at prices then in eReet for successive lerma of Daces' earlier terminated as provided day of the preceding term unless written notice of termination is received by either party at least(ina the fast thirty (30) days) Yearncing Prior to the end of the initial term or any subsequent term. 2. Payment: st '71�f{fees to pay S&S an annual amount of $ 910.00 taxes, payable in �UrA e s to P of s_455..00 . Plus applicable state and local receipt of Invoice by Customer, with said invoices beingsent b S&S u taxes. Each installment will di due and payable upon herein. Y Pon completion of each periodic inspection called for 3. Inspection and Repairs: S&S, during normal business hours, shall eriodicall TWO (2) nspeel the E year for the duration of this Agreement. Said inspections shall be limited lo/he foliowchartin quipment foxrekN times per g: (as able) (a) Engine Lubrication System: Visually check for leaks. Luba oil and filters will be changed every 12 months or 150 operating hours whichever occurs first. Operating hours include exercise cycles of not more than 100 hours per year, combined with all required usage due to loss of commercial power, or other emergency situations. (b) Engine Air Cleaners: Wet Iype: Clea6 and change oil once a year. Dry type: Clean or replace filler, if needed. (e) Ignition System: Replace spark Plugs as needed, check magneto, and set liming, if needed. Of Governor: Check and sel speed, sensitivity and oil level. (a) Engine Cooling System: Check general condition, check antifreeze and add, if needed; check coolant level, pressure test system, once a year or as needed. Check bells nM hazes. (O Engine Electric System: Hydrometer lest battery, clean and lubricate battery posts and cables. Check alternator belts. Cheek battery charger for proper operation. (g) Engine Fuel System: Visually check for leaks, check all visible connections and flexible hoses, adjust carburetor, change fuel filters once a year with oil change or as needed, clean fuel strainers, replace nexible fuel hoses, if needed. Woven metal hoses arc Am covered. Check for water in day fuel lank and main fuel lank. (h) Engine Exhaust System: Visually check for leaks, corrosion, check condensation trap and muffler condition. (I) AC Generator: Visually inspect generator condition, check slip rings and commutator for weer, check lubrication of rear generator hearing. (1) Engine Driven Flood or Fire Pump: Visually inspect pump and check packing gland. (it) Instrumentation: Check all instruments for proper operation. (1) Check timers and relays for proper operation. Check all connections for tightness. (m) Check safety circuits/shutdowns/alarm systems. (n) Run engine unloaded. At customer's request and in his presence, transfer load to generator set and make adjustments if needed. In connection with the performance of the foregoing inspections, S&S agrees to fumish at its expense the following pans and supplies: Engine crankcase oil, engine oil filter elements, air filters, spark plugs and fuel hoses (excluding woven metal hoses), fuel filler elements, battery cables, antifreeze. Notwithstanding the foregoing, Customer shall pay for all Pans and supplies in connection with (he periodic inspections which ere needed to repair damage caused by abuse, theft, improper operation, acts of third persons, forces of nature or alteration of the Equipment. 4. Additional Repairs: Any repairs requested by Customer between periodic inspections will be provided at S&S's then current rates for parts, labor and travel expenses fmn S&S's location to jobsile. 5. Reports: Upon completion of each periodic inspection and /or additional repair S&S shall report Its findings and recommenda- tions to the Customer in substantially the form attached hereto as Exhibit "B". I lowever, S&S shall have no liability for any repair, findings or recommendations made or for any failure to recommend repairs or modifications to the Equipment. 6. Limitation of Liability. S&S'S LIABILITY UNDER THIS AGREEMENT, IF ANY, SHALL BE LIMITED TO THE COST OF PERFORMING ITS OBLIGATIONS HF-REUNDER BUT IN NO EVENT SHALL S&S'S LIABILITY EXCEED THE ANNUAL CONTRACT AMOUNT FIRST PRINTED ABOVE. FURTHERMORE, IN NO EVENT SHALL S&S BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DOWN .TIME, DAMAGES AS PROVIDED BY THE TEXAS DECEPTIVE TRADE PRACTICES -CONSUMER PROTECTION ACT, OR OTHERWISE. 7. Indemnity. Customer hereby agrees to indemnify and hold S&S harmless, other than for S&S's sole negligence or intentional conduct, of and from any and ail claims, demands, liability, loss, damage or expense, including attorney's fees, whether relating to injury to the Equipment, other property or persons, which are as a direct or Indirect result of S&S's Performance of its obligations hereunder. _ - - ,8. Termination: This Agreement may be terminated by either party upon thirty (30) days written notice to the other. 9. Miscellaneous: 9.1 Governing Law: The parties agree that this Agreement has been executed and delivered in the Slate of Texas and shall be construed in accordance with the laws of The Slate of Texas. 9.2 Force Majeure: The performance by S&S of its obligations under this Agreement shall be subject to floods, strikes or other labor disputes, fires, accidents, wars, delays of carriers, restraints of governments or any other cause beyond the reasonable control of S&S. 9.3 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior and simultaneous agreements, representations or understandings relating to the same subject matter. The !erns hereof may not he amended or supplemented except by a writing signed by both parties. S&S has not authorized any person to make changes or additions to or deletions from this Agreement. 9.4 Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of any provision hereof. Any waiver of any provision hereof shelf not constitute a waiver of any other provision or a continuing waiver. 9.5 Assignment: This Agreement may not be assigned by either party To any other person without the other party'e written consent. 9.6 Notices: All notices required herein shall be made in writing sent Certified Mail, Return Receipt Requested to the following: To: Stewart & Stevenson Services, Inc. AtP. 0. BOX 4975 CORPUS CHRISTI, TEXAS 78461) To: CALHOUN COUNTY EMERGENCY MANAGEMENT (Customer) At: 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 IN WITNESS WHEREOF; 19 S8 ee eat to be executed this and Customer have caused this Agr30th day of November / �1. & STEVEt4SON $UVICES. INC. Its: 3„LI:J PANAbLK ( rt e) - CALHOUN COUNTY EMERGENCY MANAGEMENT (C st ) By: (Signature) al '�� Its: _C_o�rrlty dtjige �� ". • • RESOLUTION - TEXAS DEPT. OF HIGHWAYS AND PUBLIC TRANSPORATION, TRUNK SYSTEM Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County Judge send a Resolution to Transportation Planning Division of the State Highway Dept. that Hwy. 35 be in- cluded in the Texas Highway Trunk System. • RESOLUTION FAVORING AMENDMENT OF THE PROPOSED TEXAS HIGHWAY TRUNK SYSTEM WHEREAS, The Texas Department of Highways and Public Transportation has proposed a rural network of four -lane or better divided roadways, to be called the Texas Highway Trunk System, which will serve as the principal connector of urban areas in the state, as well as major ports and points of entry from surrounding states and Mexico; and WHEREAS, Calhoun County has a deep water port which, in view of the Formosa Plastics Corporation foreign investment of $ 1.7 Billion already under construction, will soon become a principal Texas deep water port with United States Army Corps of Engineers studies underway to deepen the port to 45 feet; and WHEREAS, Calhoun, Aransas and San Patricio Counties contain vast recreation and tourism attractions and opportunities= and WHEREAS, the Ports of Corpus Christi and Port Lavaca -Point Comfort have established a relationship of cooperation centered around a principal of Foreign Trade Zone networking; and WHEREAS, Texas Highway 35 currently serves as a high volume • truck route along the Texas mid -coast with forecast truck traffic to increase significantly upon the completion of the Formosa Plastics petrochemical complex; and WHEREAS, the combination of Texas Highway 35, Texas Highway 172 and U.S. Highway 59 provides a much safer and more efficient ingress/egress route for truck traffic (than does the proposed U.S. Highway 87/77/59 combination) to/from Calhoun County with the forecast Increased volume in view of the Formosa Plastics Corporation petro- chemical complex; and WHEREAS, the Texas coast from Corpus Christi to the Golden Triangle is enjoying unprecendented growth as a'result of the location of numerous petrochemical and other industrial complexes in this area; NOW, THEREFORE, BE IT RESOLVED THAT THE CALHOUN COUNTY COMMISSIONERS COURT does hereby request that the Texas Department of Highways and Public Transportation add the following to the Texas Highway Trunk Systemf Texas Highway 35 from Corpus Christi to its intersection with Texas Hiohway 172 at Weedhaven and Texas Highway 172 from Highway 35 at Weedhaven to its intersection with U.S. Highway 59 at_Ganado. oJ�✓ C...... a d this 30th day of Novemb 1989. • % \I/�.� Ja Alex R. ernandez, County J •'y� - Calhoun .••.• County Mary Lois McMahan, County Clerk 409 THE COURT ADJOURNED. REGULAR DECEMBER TERM THE STATE OF TEXAS X COUNTY OF CALHOUN X HELD DECEMBER 11, 1989 BE IT REMEMBERED, that on this the llth day of December, A. D. 1989, there was begun and holden at the 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, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan, County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - CARS, SHERIFF'S DEPARTMENT; VARIOUS PIPE; INDIGENT DRUGS; INSECTICIDES• ROAD MATERIALS• The following bids were received and read but no action will be taken until Friday: • • E 410 C� • SPECIFICATIONS FOR FOUR (4) NEW 1990 VEHICLES STANDARD FULL SIZE POLICE PACKAGE VEHICLE: Body Style: Four (4) door Wheel Base: at least 112.6 114.3 Engine: V-8, not less than 318 C. I., with 4 barrel carburetor, high performance 5.81, Police VBH.O.Variable/Venturi Brakes: Heavy Duty power brakes Carburetor 351 Steering: Power steering Transmission: Heavy duty automatic transmission Air Conditioner: Factory installed air conditioner Heater & Defrost: Fresh air heater & defrost Battery: Heavy duty (48 month) Alternator: not less than 90 amps Windshield: Tinted Seats: Heavy duty front seat of foam cushion Interior: All vinyl Windshield Wipers: Two speed, electric, with washer Tires: Five (5) HR78-13 Hi -Speed Police tires T35P225/70Rxl5BSW Police Radial Spotlight: Five inch, mounted on driver's side Goodyear Tires 6.5"lID Wheel Floormat: Standard equipment 6" Spotlight Springs, Shocks, Stabilizer bar: Heavy duty Cigarette lighter: Standard equipment Arm Rests:Standard equipment Radiator & fan: Trailer package & sir, bladed fan Police Cooling Pkg. Radiatot Radio: AM factory installed AM/FM Police level w/Viscous 5 blade fan Paint: Solid color Gauges: Amp, oil & heat gauges, instead of light indicators Speedometer: Factory certified Mirrors: Outside mirrors, one on driver's side and one on passenger's side MAKE AND DESCRIPTION OF VEHICLE OFFERED: ____ Four_1990_Ford LTD Crown Victoria S ----------------------- TOTAL PRICE, PER UNIT: NET PRICE, AFTER TRADE-IN ALLOWANCE:___e Bela„ ----------- VEHICLES TO BE TRADED: '86 FORD LIC# 501269 VIN# 2FASP43G36X192231 $11,493.75 '88 FORD LIE# 534637 VIN# 2FABP7264JX150998 $ 8,693.75 '88 FORD LIC# 534638 VIN# 2FABP72G4JX150997 $ 8,693.75 '88 FORD LIC# 514745 VIN# 2FABP7263HX162229 $10,1 ESTIMATED DELIVERY (DAYS): A�prox_ 120 Days___ The vehicle we propose meets all of the albov'se Specifications. The above bids may be accepted with or without trade-in of present Police cars. ,411 W BID PRICE MUST INCLUDE ALL TITLES, LICENSE, DOCUMENTARY FEES, STATE INSPECTION, AND ANY OTHER FEES. THE COMMISSIONER'S COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, AND ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO-CALHOUN COUNTY. DELIVERY OF THE VEHICLE MUST BE MADE WITHIN IBO DAYS FROM BID ACCEPTANCE DATE. FAILURE TO DELIVER THE VEHICLE BY THE REQUIRED TIME MAY RESULT IN CANCELLATION OF THE BID AND ANOTHER BID ACCEPTED. NAME: -------- mairLnrocl Wrcury------------------------------ • ADDRESS:. 908 W. Main CITY, STATE, AUTHORIZED SIGNATURE:___( ZIP: Port Lavaca, Texas -- //��-------- 77979 ---- ---/% TITL.E: DSO PREFERRED EQUIPM8'NP PAGE #3 Map Iamp (32 CP with Switch) At Windshield Header Radio Interference Suppression '' Bonding Straps Gauges (Oil pr3ssure & Voltmeter ) In Clock Opening Decklid Release Relocated RH Side of Steering Column Direct Battery Feed LH 6" Spotlamp with Halogen Bulb • 412 SPECIFICATIONS FOR FOUR (4) NEW 1990 VEHICLES STANDARD FULL SIZE POLICE PACKAGE VEHICLE: Body Style: Four (4) door Wheel Base: at least 112.6 Engine: V-8, not less than 318 C. I., with 4 barrel carburetor, high performance Brakes: Heavy Duty power brakes Steering: Power steering Transmission: Heavy duty automatic transmission Air Conditioner: Factory installed air conditioner Heater -& Defrost: 'Fresh air heater & defrost •Battery: Heavy duty (48 month) Alternator: not less than 90 amps Windshield: Tinted Seats: Heavy duty front seat of foam cushion Interior: All vinyl Windshield Wipers: Two speed, electric, with washer • Tires: Five (5) HR78-15 Hi -Speed Police tires Spotlight: Five inch, mounted on driver's side Floormat: Standard equipment Springs, Shocks, Stabilizer bar: Heavy duty Cigarette lighter: Standard equipment Arm Rests:Standard equipment Radiator & fan: Trailer package & six bladed fan Radio: AM factory installed Paint: Solid color Gauges: Amp, oil & heat gauges, instead of light indicators Speedometer: Factory certified Mirrors: Outside mirrors, one on driver's side and one on passenger's side MAKE AND DESCRIPTION OF VEHICLE OFFERED: TOTAL PRICE, PER UNIT: I 1 -- 37 S� fir_ 4 q }----^-G`�-_l3/7" NET PRICE, AFTER TRADE-IN ALLOWANCE:__--q p 74-_ 3 Z - VEHICLES TO BE TRADED: / '86 FORD LIC# 501269 VIN# 2FABP43G3GX192231 '82 FORD LIC# 534637 VIN# 2FABP72G4JX150998 '88 FORD LIC# 534638 VIN# 2FABP72G4JX150997 '88 FORD LIC# 514745 VIN# 2FABP72G3HX162229 ESTIMATED DELIVERY (DAYS): /SO --- ------------------------- The vehicle we propose meets. all of the ,alba-a,e specifications. The above bids may be accepted with or without trade-in of present Police cars. all 0 BID PRICE MUST INCLUDE ALL TITLES, LICENSE, DOCUMENTARY FEES, STATE.INSPECTION, AND AI',IY OTHER FEES. THE COMMISSIONER'S COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, AND ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY. DELIVERY OF THE VEHICLE MUST BE MADE WITHIN 180 DAYS FROM BI❑ ACCEPTANCE DATE. FAILURE TO DELIVER THE VEHICLE BY THE REQUIRED TIME MAY RESULT IN CANCELLATION OF THE BID AND ANOTHER BID ACCEPTED. NAME:----------------- ---CLI-�-`�J F� l- �`t . lA �/✓C' .- • ADDRESS: 3 /V ` �O rLt 41 O ✓ [ t CITY, STATE, ZIP:__ _ tAV'/4(�f4 79 AUTHORIZED SIGNATURE: --�__- -- --- ----- TITLE:_____ -------------------------------------------- • SPECIFICATIONS FOR FOUR (4) NEW 1990 VEHICLES STANDARD FULL SIZE POLICE PACKAGE VEHICLE: Body Style: Four (4) door Wheel Base: at least 112.6 Engine: V-8, not less than 318 C. I., with 4 barrel carburetor, high performance Brakes: Heavy Duty power brakes " Steering: Power steering Transmission: Heavy duty automatic transmission Air Conditioner: Factory installed air conditioner Heater & Defrost: Fresh air- heater & defrost Battery: Heavy duty (48 month) Alternator: not less than 90 amps Windshield: Tinted Seats- Heavy duty front seat of foam cushion Interior: All vinyl • Windshield Wipers: Two speed, electric, with washer Tires: Five (5) HR78-15 Hi -Speed Police tires Spotlight: Five inch, mounted on driver's side Floormat: Standard equipment Springs, Shocks, Stabilizer bar: Heavy duty Cigarette lighter: Standard equipment Arm Rests:Standard equipment Radiator & fan: Trailer package & six bladed fan Radio: AM factory installed Paint: Solid color Gauges: Amp, oil & heat gauges, instead of light indicators Speedometer: Factory certified Mirrors: Outside mirrors, one on driver's side and one on passenger's side MAKE AND DESC IPTION T V HICLE OFF RE // TOTAL PRICE, PER UNIT: _/ /" /_�_�_0_o___&JCA ��15.00.. DO_ToT NET PRICE, AFTER TRADE-IN ALLOWANCE:���000J�L,��.CyL�JL�(%i,�s VEHICLES TO BE TRADED: '86 FORD LIC# 501269 VIN# 2FABP43G3GX192231 • 88 FORD LIC# 534637 VIN# 2FABP72G4JX150998 88 FORD LIC# 534638 VIN# 2FABP72G4JX150997 '88 FORD LIC# 314745 VIN# nn2FABP72G3HX162229 ESTIMATED DELIVERY (DAYS):�/�*(./yZ--� �D��Clttys-_-___-_ The vehicle we propose meets At af the ,abake -f- Specifications. The above bids may be accepted with or without trade-in of present Police cars. 415 BID PRICE MUST INCLUDE ALL TITLES, LICENSE, DOCUMENTARY FEES, STATE INSPECTION, AND ANY OTHER. FEES. T14E COMMISSIONER'S COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, AND ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY. DELIVER`/ OF THE VEHICLE MUST BE MADE WITHIN 180 DAYS FROM BID ACCEPTANCE DATE. FAILURE TO DELIVER THE VEHICLE BY THE REQUIRED TIME MAY RESULT IN CANCELLATION OF THE BID AND ANOTHER BID A�C(CEPTED//n•�Q)/ /� �Qr/� P NAME: ------i�nq- --�-- V L-"c. V r �d lj-- _- ADDRESS: O__ CITY, STATE, ZIP:_ AUTHORIZED SIGNATURE:__ TITLE:-----------------------�pCi%� /`/'«- _/ �-C. CJI�'y,' J/3--�a8•'�3i1 • 416 Y / I BEN H. COMISKEYr JR.# C.P.A. COUNTY AUD1TORr CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN PORT LAVACA, TEXAS 77779 �615> E63-M610 SPEC IF 1 CAT I CH15 THE COUNTY OF CALHOUN, TEXAS WILL. RECEIVE BIDS FOR VARIOUS TYPES AND SIZES OF PIPE AS FOLLOWS: CORRUGATED METAL PIPE PRICE PER FUUT 12 1 rich 15 inch .$"Z/-J'--8----- la Inch L or 24 inch�.�---- 30 inch $_lz_o1T 36 inch $_ /�•'�_-- CONCRETE_ PIPE 12 inch ------ _- 15 inch $ -- __ --_- 18 inch $ ---- -_--- 24 inch 30 inch $ __ __ CORRUGATED PLASTIC CULVEfkT ;r IFE q �7 12 inch 15 inch . - - 18 inch $ 24 inch 30 inch $ Quantity purchases will she an avi as .,e+ded basis,./-/ DELIVERYY DATE: [`�ij� NAME:c-i//r _L_O--Ll _%(P�`---------------- AD DRESS: /,�oX--/-1�---�-------------- CITY• STATE. •21P:�r �L4S77,1- _ __ _% ---------------- AUTHORIZED IGNATUz , i ---------- T[LE:� 41'7 BRYJOB SINE P.O.Taw 9906 CORPUS CNRISTI, TEKAS 76469-9908 TRANSMITTAL SHEET NAME: -.1DB No: DATE: SHEET NO- T 0: n. LI 1 'A�AA 1 1I0 P A I . _ CDIIrl.6 f�cCr 1�. NhN- ./t.L RE: h S Ern ✓1 ATTENTION: A w Z WE ARE SENDING YOU ErRTTACMED ❑ UNDER SEPARATE COVER VIA ❑ SHOP DRAWINGS Cl PRINTS ❑ PLANS I ❑f,.uAmPLES ❑ COPY OF LETTER. ❑ CHRIIGE ORDER [Erj�II1 THE FOLLOWING ITEMS: ❑ SPECIFICATIONS COPIES DWG NO/ITEM DESCRIPTION e 6&L mv Lc„ ;s rlwevp r Q od C- U i wayr- Cv 114-i4bu)"c_ rn� Z IrI,I.L e, be 2rv�cE'_. 'ivLl rvr.r o pose, cal vs THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ YOUR APPROVAL ❑ APPROVED AS SUBMITTED ❑ RESUBMIT COPIES FOR APPROVAL Cl FOR YOUR USE ❑ APPROVED AS NOTED ❑ SUBMIT CDPIES FOR DISTRIBUTION ❑ AS REQUESTED Cl RETURNED FOR CORRECTIONS ❑ RETURN CORFECTED PRINTS ❑ FOR REVIEW & COMMENT ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US ACKNOWLEDGEMENT: PLEASE ACKNOWLEDGE RECEIPT OF THIS TRANSMITTAL AND ANY DOCVIffNTS SENT TO YOU BY SIGNING AND RETURNING ONE COPY TO TFRNSMITTER. INDICATE ANY MISSING DOCUMENTS ON THE RETURN TRRM MITTAL. DATE: SIGNED: TITLE: REMARKS: DATE: SIGNED: s%1 E>S TITLE: J • • • ORIGINAL 418 • E BEN H. COMISKEY, 7R., C.P.A. COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE — 211 S. ANN PORT LAVACA, TEXAS 77979 (S1O> 853-4610 SPECIFICATIONS THE COUNTY OF CALHOUN, TEXAS WILL RECEIVE BIDS FOR VARIOUS TYPES AND SIZES OF PIPE AS FOLLOWS: CORRUGATED METAL PIPE 12 inch 16 ga 15 inch 16 ga 18 inch 16 ga 24 inch 16 ga 30 inch 16 ga 36 i rich 16 ga CONCRETE PIPE 12 inch 15 inch 18 inch 24 inch 30 inch PRICE PER FOOT 3_94 _ BANDS: same as 11' $ 4.93 of pipe $ 5.91 $ 7.88 ALL ENDS ARE RE- $ 9.86 ----- CORRUGATED. $ 11.83 $ ----------- ----------- ----------- $ ----------- CORRUGATED PLASTIC CULVERT PIPE 12 inch $ 15 inch $ 18 inch $ 24 inch $ 30 inch g ----------- Quantity purchased will he an an as needed basis. DELIVERY DATE: 7 to 10 days (EMERGENCIES WILL BE SOONER) ------------------------------------------ • NAME: WILSON CUL— RTS, INC. __________________________________________________ ADDRESS: RT 2 BOX 2635 _____________________________________________ CITY, STATE. ZIP: ELKHART. TEXAS 75839 _____________________________ AUTHORIZED SIGNATURE•-SA1M4Y ALMAND ---------- -------- TITLE:______ VICE PRESIDENT -GENERAL MANAGER - _ 419 BEN H. COMISKEY, JR., G.P.A. COUNTY AUDITORP CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN PORT LAVACA, TEXAS 77979 �5PECIFICATIOIJS THE COUNTY OF CALHOUN, TEXAS WILL RECEIVE BIDS FOR VARIOUS TYPES AND SIZES OF PIPE AS FOLLOWS: CORRUGATED METAL PIPE PRICE PER FOOT 12 inch �"-------- 15 inch 18 inch 24 inch 9 30 inch -------__ 36 inch $----------- COSdCRETE PIPE 12 inch $__-\_______ IS inch �___- ------ 18 inch 2 24 inch 30 inch________ CORRUGATED PLASTIC CULVERT PIPE 12 15 18 24 inch inch inch inch $ ----- R<� /_60 30 inch $_-_ Quantity purchased will be on an as needed basis. DELIVER`! DATE:/" Mbfiy* NAME: /*91-�¢'/ `�' ------------------D--l-'--0 �ry�--------------------- ADDRESS: ` .0 1�"r �71 CITY, STATE, ZIP:___________�y _ �� ��` VV�/ ----- --�--------- —------- AUTHORIZED SIGNATURE: ------ °ro / D - -- -------------------- TITLE: '_ • C • 420 • SPECIFICATIONS AND BID FORM IL L� FOR DRUGS TO BE FURNISHED TO INDIGENTS OF CALHOUN COUNTY The amuunt Shown is the charue per orescripti00 which we will add to the "average wholesale price red book" for our services rendered and containers used in preparino such prescriptions. Generic drugs acid prices will be used in all situations where appropriate. Any price increases will be based on price incr-eases from the manufacturer. Such price increase and "average wholesale price red book" will be made available to Calhoun County when requested. Each monthly statement or billing to the Countv will contain the following minimum information on appropriately identified letterhead or an appropriately identified statement: DATE PATIENT DRUG AMOUNT INITIAL OR REFILL PRICE NAME PRESCRIPTION THE CONTRACT PERIOD WILL BE JANUARY 1, 1990 TO DECEMBER 31, 1990. AMOUNT TO BE ADDED TO AVERAGE WHOLESALE PRICE PER PRESCRIPTION 1�, --------` -------(-Gtl"On� & )//,vy j= 0 — DATE: ----------12^/I __�q -/--------------------------- NAME OF BIDDER: , I- I'' Ctir -------- �-//- MAILING ADDRESS:___ CITY, STATE, ZIP CODE:___�O��T___ L��]��JC- TELEPHONE NUMBER:SS 2 _ 2-61--------------- AUTHORIZED SIGNATURE: TITLE: ---C�z�C- ----------------- ------------------------- 421 BEN H. COMISYZY• JR., C.P.A. COUNTY AUDITOR. CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN FORT LAVACAi, TEXAS <512> 553-.&lo SPECIFICATIONS THE COUNTY OF CALHOUN, TEXAS WILL RECEIVE BIDS FOR PESTICIDES FOR MOSQUITO CONTROL. ACTIVE INGREDIENT: VIAL AT H 1014 91 . 0% INERT INGREDIENTS 9.0% QUANTITY UNIT PRICE1 ) 30 - 55 GALLON DRUMS '_LSPL8 ��i1CGdW TOTAL BID PRICE s_ - /r%r��,5d ACTIVE INGREDIENT: RESMETHRIN CONCENTRATE 4.22% (MUST BE LABELED FOR OUTDOOR USE) QUANTITY UNIT PRICE 75 GALLONS S -IK�4010 TOTAL BID PRICE $_3(o�i�s_ ❑ELIVERY DATE: � a_ ��S__i'f0A1__C'FeT _�F offer, *NOTE: A MATERIALS SAFETY DATA LIST MUST BE INCLUDED WHEN BID IS SUBMITTED. • • 422 • C1 BEN H. COMISK.EY, JR., C.P.A. COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN PORT LAVACA, TEXAS rsier ssa-asyo SPECIFICATIONS THE COUNTY OF CALHOUN, TEXAS WILL RECEIVE BIDS FOR PESTICIDES FOR MOSQUITO CONTROL. ACTIVE INGREDIENT: MALATHION 91.0% INERT INGREDIENTS q py, QUANTITY UNIT PRICE 30 - 54 GALLON DRUMS `J 5.5 ' 30DROMs X JL. x / I� TOTAL BID PRICE $ no ACTIVE INGREDIENT: RESMETHRIN CONCENTRATE 4.22 (MUST BE LABELED FOR OUTDOOR USE) QUANTITY UNIT PRICE 75 GALLONS 00 10 $— TOTAL BID PRICE $- DELIVERY DATE:/Zzl Xa L4 *NOTE: A MATERIALS SAFETY DATA LIST MUST BE INCLUDED WHEN BID IS SUBMITTED. Iola S5 1'3 -7/, BEN H. COt1ISKEY, JR., C.P.A. COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN PORT LAVACA} TEXAS cmla> t5mm_.6I0 SPECIFICATIONS THE COUNTY OF CALHOUN, TEXAS WILL. RECEIVE BIDS FOR PESTICIDES FOR MOSQUITO CONTROL. ACTIVE INGREDIENT: 1IALATH1ON �6 INERT INGREDIE MALATHION ULV 5Y Active Ingredient Terra -Riverside( abel attached & MSDS QUAIJeTITY UNIT PRICE TD ac gallon drums= 1,650 g 1 s . NO - 54 GALLON DRUMS $ 17.95 j>er gallon TOTAL BID PRICE $__29,617_50__ ACTIVE INGREDIENT: RESMETFIRIN CONCENTRATE 4.22% MUST BE LABELED FOR OUTDOOR USE) Ind -Sol ULV 422 (FF-320) Label attached & MSDS OUAIAT I TY UNIT PRICE 75 GALLONS $ 47.50 per gallon TOTAL BID PRICE $ 3,562.50 ------------- DELIVERY DATE: ----- 3-10 Days ARO .............. *N KMATER1,12,1LS SAFETY BINITT ED. Its Reeves,Jr. President DATA LIST MUST BE INCLUDED WHEN PUBLIC HEALTH EQUIP. & SUPPLY CO Professional Pest Control Products (512) 532.6351 532-3846 FAX (512) 532-9703 1.800.284.0106' P.O. Box 10468 • San Antonio, TX 78210 is • • • • SPECIFICATIONS AND PROPOSAL FOR CALHOUN COUNTY ROAD MATERIAL CALHOUN COUNTY WILL RECEIVE BIDS ON VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WEEIFII:PTIDM. THIS FORM IS DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ONA14D DISREGARD THE PEST. THE PRICE PER TON FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOUN COUNTY ACCEPTING TRANSPORTATION NOTATION. I1 IS IMPORTANT THAT THE COMPUTATIONS FOR TOTAL BID PRICE BE COMPLETED AS FOLLOWS: FOB SHIPPING POINT TOTAL BID PRICE = UNIT PRICE PER TON X TONS PER DESTINATION FOB DESTINATION TOTAL BID PRICE = (FREIGHT CHARGE + UNIT PRICE PER TON (FOR MATERIAL ONLY)) I TONS PER DESTINATIC14 00 NOT INCLUDE FREIGHT CHARGES WITH UNIT PRICE PER TON THESE CHANGES MUST BE BID SEPMATELY. THE PERIOD OF THIS CONTRACT WILL BE JANUARY 1, 1970 TO DECEMBER 31, 1990. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF ORDER. TEN 249, TYPE B 1fLEI1BIE PROCE—STO BMI. GrAff 3 TIMnfJ FD 0 ---------------------------------------------------------- aM1\44\\4 na V\4h\\VVµ4na4\yya4rynM144V Va4nwa44ryshVryuwV 4Vry444ryyVV44M1h44V444ryVV44wry4\4V\44hV 444V\44V V44hw NA4IVVV\444V V444 w4 Vw44444w4444 FOB SHIPPING POINT FOB TN:STIHATIW a4\y44V4h4V\4V\\\4a V\4Y\VVVh\ 44 M144 V4nVVVh V\41wV44yM14\4ry V4444V44 a4444a\4 TONS PER DESTINATION NO BI D UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY MAIL: 2000 TONS TO PORT LAVACA f____------- f f____------- f_---------- f_____------ 1,200 TONS TO POINT COMFORT f_---------- f_---------- f_ f_-------- f__--------- r8 0 TONS TO GREEN LAKE f f___________ ---------- BY IBUTSC: NO BID 1,000 TONS TO PORT LAVACA STOCKPILE f f f f___________ f 1,000 TONS TO SIX MILE STOCKPILE-----_ f------__.-_ f------ 1,200 TONS TO OLIVIA STOCKPILE f ----------- f----------- f----------- f----------- 400 TONG TO PORT O'CDNSTOCKPILE f f___________ f________-__ f I ---------- f 1,200 TONS TO SEAORIFT STOCKPILE FTST STOCKPILE f f_ f----------- ----'------ ----------- 425 ITEM 249, TYPE A (LIMESTONE I, GRADE 3 ----------------------- 444444nnww www wryw.4.44 w444444nwn..ww4ww4www4444444\4444444 ww 4w4wwY44444\\444444444n nw Yn44444444444444444... 4444.......... Y4Y 4444444 FOB SHIPPING POINT FOB DESTINATION VV444444 wwwww 4wlVYV V\4\\\\4V4 ww4 V4wY4\V YIV14\444I4Vw4YwV4w 44.4V444444\4 TONS PER DESTINATION NO BI D UNIT PRICE TOTAL FREI6HT UNIT PRICE TOTAL PER TOM BID PRICE CHARGE PER TON BID PRICE BY RAIL: 1,000 TONS TO PORT LAVACA f_-------_-- f_---------- f_____------ f__-------- f___----- 500 TONS TO POINT COMFORT f - f f f --- 0 TANS TO GREEN LAKE f_____------ f__--------- f_----------- ---------- f------------ f------------ BY TRUCK: NO BID 1,000 TONS TO PORT LAVACA STOCKPILE 0 TONS TO SIX MILE STOCKPILE f --'-------- f----------- E----------- ----------- f-`- 500 TONS TO ULIYIA STOCKPILE f f f___---___-- f____-------- f TORS TO PORT O'CQNNOR STOCKPILE f E f f ------------ f- 0 TONS TO SEADRIFT STOCKPILE f f_ ----------- ----------- ---------- ITEM 302> TYPE A (PEA GRAVEL - 3!8'1, GRADE 4 ----------------------------------------------------------------------' M1y\M1M144y444444w4 wYyyYY444YYYY4M1 44\444\444444 M1yyyY 44y44YY14444444\44\M1444444M14yy44y44444w4Y444\4444\4\4\M1 4444M1L Yy 4yy44y444 y4Y Y4w4\4M1 FOB SHIPPING POINT FOB DESTINATION 444444444Y LLYh44Y4hYh\4444h 44 44444Y 4h 44Y4M144YYY4Y444 YY 4444444 Y444444h s4 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL ... ..w PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: NO BID 501) TONS TO PORT LAVACA f_____------ f f______----- f__---_--_-- f_----_----- 0 7DNS TO POINT COMFORT f___________ f----------- f----------- f----------- 1,500 TONS TO GREEN LAKE f_____------ f f-__------------------- f______----- f___----- BY TRUCK: NO BID 500 TONS TO PORT LAVACA STOCKPILE f_----____-- f_____------ f__---_----- f_____------ f TONS TO SIX MILE STOCKPILE f f---------- f---------- f ----------- f 4 TORS TO OLIYIA STOCKPILE f f_-------_-- f___-----_-- - f__-------- - f___--___--- 0 TONS TO PORT O'CONNOR STOCKPILE f f f f f 1,500 TONS TO SEADP.IFT STOCKPILE f f f_ f___________ f_ ITEM 304, TYPE PE (TOPPING ROCK), GRADE § --------------------------------------------------- TONS PER DESTINATION BY PAIL: 3,200 TONS TO PORT LAVACA 1,500 TONS TO POINT COMFORT 2,500 TONS TO GREEN LAKE FOB SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f ; ---------------------- f----------- I----------- E----------- f----------- FOR DESTINATIOW Yhwwh4w..4.w4.,\,4 \4444www.4h.,Y44,M14,..,4 FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE Total Delivered Price Only E___________ *f24,35____ f_77-,920.00 f----------- * 3� 99 ---- 655H-00 E----------- * E20, 97____ E_52,925, oo • • • 426 • • L_J ITEM 304, TYPE PE (IOPPINS ROCK), GRADE 4 ----------------------------------------------------------------------------------------- •4M1M144M14wwV4ry41M1M1 nryM1444wV n44wM1V44V4V M1M1 M1M1 444 M1M1 44ry VYM1M14w44M14w M1M1V4M1 M1nM144 M1\4M1M1Vryw M144 M1M1 444VryM14ry M14wM1 444M1V4M1\4YM1VryYM14M1\4\\44M14M1M144ry\4444M1 FOB SHIPPING POINT FOB DESTINATION \V n4M14VV4n4V 4M1444+4V\44M1 ry4M1 M1M1 44M1V4V44 ry44444\ryLwM1Y4M1444M1 44V44M1 M1444V M1M1\M1M1 M1TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON DID PRICE CHARGE PER TON BID PRICE BYE. Total Delivered Price Only 2000 TONS TO PORT LAVACA STOCKPILE 19200 TONS TO 511 MILE STOCKPILE 1,500 TONS TO OLIVIA STOCKPILE 0 TONS TO PORT O'CONNOR STOCKPILE f ----------- f ----------- E E ff 2ON TONS TO SEADRIFT STOCKPILE s -- ;--------"-- *RAIL DELIVERY BASED ON ANY CONBINATION OF MATERIALS E ----------- f f----------** f_2$.79--- 157.58D._DO s---------** E23.16--- 435.016..00 s----------** f_29.18--- 18.1711_DO f----------- f--- =------- E----- = f ** f-23.9.6--- 57-4..90Il_DO TOTALING 10 CARS OR MORE -- -----------------------__--" ITEM 350, TYPE 8 IH01 MIX -COLD LA-!➢-A-SFH-AL-IIC CONCRETE PAVEMENT) --------------------------------------------------- ALTERNATE TO ITEM 350 LIMESTONE ROCK ASPHALT SHIPPING POINT COLDMIX, ITEM 330, TYPE D ,,,, FOB FOB FOR DESTINATION ..VhM14,Y,n..,Y.4YY4Y ,.4,Y.4.Y,Y.,.YY,Y,4 Y.44V YYh,YYVYYY4Y,4V.4 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE „4.h' TOTAL .ry..4,.4".'.. PER TON BID PRICE CHARGE PER TON BID PRICE Total Delivered BY RAIL: Price Only 000 TONS TO PORT LAVACA f----------- f_ 26.85 21 480.00 200 TONS TO POINT COMFORT ; f---------- fs'-----'--- * fs28: 52--- f ' 800 TONS TO GREEN LAKE f-------'--' -------- ------ f 3,70�': DO E----------- f----------- * f Z3.4r-- s I8;77.6 _U_ O *RAIL DELIVERY BASED ON ANY COMBINATION OF MATERIALS TOTALING 10 CARS OR MORE BY TF.18;K- 400 TONS TO FORT LAVACA STOCKPILE f_------------------- ; **.1 31.29 ; 12,516.00 f 400 TONS TO SIX MILE STOCKPILE f ---------- - s ;---------"* ; 3T: b8- 172 ; 672: 00 200 TONS TO OLIVIA STOCKPILE -- __ f f -------F* f 3I__68--- E--6------ 0 0 TONS TO PORT O'CONNOR STOCKPILE f------ ----- ** �CjpSDiB SEADRIFT STOCY.PgL6DE WITHIN 24 HOURS-TJF- ORDER------- f---------- i 3-MI6--- f_ 2b;�16S:00 t�11-UV tt1HtOILSS, --B--- M--------------------------------------------------------------------------------- ITEM 300, ASPHALTS, AILS, EMULSIONS: IMC 301 --'------------ 4VV44V 44VN V4ryV V4V 4VVV44 µ4V4a44VV444V nVVM44wVV44V4YVVV\4VV44V4w4V444V V\44V44VY4VV4V V4\444V 44V4V4V4V444V44V44VVnVVM1VV44V 4aV4n VVwnV FOB SHIPPING POINT FOB DESTINATION ... ,.%.%",. .,,a.4.w.............................. GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL +•^+•••••++•++4.+.•+.. NO BID PER GALLON BID PRICE CHARGE PER GALLON BIB PRICE BY Tm.. 5,000 GALLONS TO FORT LAVACA STOCKPILE i;----------- ;----------- y----_------ f 4,000 GALLONS TO SIX MILE STOCKPILE f 4,000 GALLONS TO OLIVIA STOCKPILE ---- -- f----------- f------_---- f----------- f----------- f----------- f----------- E 0 GALLONS TO PORT O'CONNOR STOCKPILE f -'------- 6,000 GALLGNS TO SEADRIFT STOCKPILE f ----------- f__-____-___ f f---------- f---------- ZAW a ITEM 300, ASPHALTS, OILS, EMULSIONS: (RE 250) aw n4\a\ana4w444anh444\4F44444\\44h h44\L a444\441Yw4444444a44444Y4444444444444444w4444 Y4Ya444\44 ah hi\444M1444\Ywhw444\YYYh44444wY 4444\ FOR SHIPPING POINT FOB DESTINATION a 44a4444a4Y4444414w hi \44w4h44 4\Yw\h44\LYYw4\44hw 44\44\\\h4444YYYww4444h GALLONS PER DESTINATION NO BID UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL ""."" PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TMiX9: 25,000 GALLONS TO PORT LAVACA STOCKPILE fft_f___________ f_ 30,000 GALLONS TO 511 MILE STOCKPILE f 25,000 GALLONS TO OLIVIA STOCKPILE f___________ f___________ f___________ f___________ f________-__ 18.000 GALLONS TO PORT O'CONNOR STOCKPILE f f f f f 57,000 GALLONS TO SEADRIFT STOCKPILE fff_ f----------- f GYPSUM - SPECIFICATIONS ATTACHED FOB SHIPPING POINT FOB DESTIVATIN NOBID ....,,.,......,...hh,4,.Y.w..44,...w.4,4 Y.www..M14 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "`""•""••"`•"' PER TON BID PRICE CHARGE PER TON BID PRICE PER TON BY RAIL: 100 TONS TO POINT COMFORT BY TRUCK: 100 TONS TO OLIVIA TERMS: NET 30 DAYS BATE: December 5, 1 f----------- $----------- f f f f 3 f NAME OF BIDDER: White's Mines _ Division, Vulcan_ Materials _ Compa n-p-------------------------------------------- NAILING ADDRESS: _P__ 0. Box 791550 CITY, STATE, ZIP CODE: _San Antonio, Texas 78279-1550 TELEPHONE AUTHORIZED I • • • u • SPECIFICATIONS AND PROPOSAL FOR CALHOUN COUNTY ROAD MATERIAL CALHIPA COUNTY WILL RECEIVE BIDS 014 VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SPEI:IFICATIM. THIS FORM IS DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ONAND DISREGARD THE REST. THE PRICE PER TON FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOUN COUNTY ACCEPTING TRANSPORTATION QUOTATION. 17 IS I MPORTANT THAT THE COMPUTATIONS FOR TOTAL BID PRICE BE COMPLETED AS FOLLOWS: FOB SHIPPING PO1NI TOTAL BID PRICE = UNIT PRICE PER TON X TONS PER DESTINATION FOB DESTINATION TOTAL DID PRICE _ (FREIGHT CHARGE + UNIT PRICE PER TOIL (FOP. MATERIAL DNLYII I TONS PER DESTINATION DO NOT INCLUDE FREIGHT CHARGES WITH UNIT PRICE PER TON, THESE CHARGES MUST BE BIB SEPARATELY THE PERIOD OF THIS CONTRACT HILL BE JANUARY 1, 1990 TO DECEMBER 31, 1990. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF ORDER. ITEM 249, TYPE B (FLEXIBLE PROCESSED BA9), 6R.L: 3 ttllN I'd 10 --------------------------------- VI44V44V 44444 VVVL4VV4V 4444M1VV444 n4V14444 n4441444V41VV44M14V 444VVV...... 144VVV\444V4VM1144n441\44V41... .......... ........Vn4V4V44M1 FOB SHIPPING POINT FOB DESTIMA11911 4\\hV\44\1\VV\V\\Y4Vh V\1444\4 44111\V\VI\41\4144 h41\\\L IM1V\\4\4h 1h4444 Y4 TUNS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL hh41M1.... 1%4... 1%"M1 PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL.- 2,000 TONS TO PORT LAVACA f f f f E 1,200 TONS TO POINT COMFORT I,600 TONS TO GREEN LATE f__--------- f_ ---__--- f____------- f --___-_-- f___--_----- BY TRUCK: • ION TONS TO PORT LAVACA STOCKPILE 1,000 TONS TO SIX MILE STOCKPILE ----------- 1,200 TONS TO OLIVIA STOCKPILE f f f f_______-___ 400 IONS TO PORT O'CONNOR STOCKPILE f f f f___________ 1,200 TONS TO SEADRIFT STOCKPILE f f f f E 429 • ITEM 249, TYPE A (LIMESTONE), GRADE 3 Lw44\a4ww44aa aww\\aa\Lw\\\aann 44\\ann n4aa14 n4\M1\LLn444 M1M1\44\LIa44nww\\aahw4M1\4444444444win4444aw4a4................ n44w \M1\w\44\M1\44 FOB SHIPPING POINT FOR DESTINATION 4w 4444444w44444.4444444\44444 4444444\,Y444444\Y444444444444444444444444 TONS PER ➢ESTINATION UNIT PRICE TOTAL FREI6HT UNIT PRICE TOTAL ^^'^•••. • •^^^ PER TON DID PRICE CHARGE PER TON BID PRICE BY RAIL: 1,000 TONS TO PORT LAVACA f___________ f----------- f----------- f----------- f----------- 500 TONS TO POINT COMFORT f----------- f----------- f----------- f-------- f----------- 0 TONS TO GREEN LAKE f__--------- f_---------- f_____------ f_____------ f_---------- 8Y TRUCK: • 1.000 TONS TO PORT LAVACA STOCKPILE ----------- f----------- f----------- f___________ f___-_____ 0 TONS TO SIN MILE STOCKPILE f----------- f----------- f----------- f---------- f----------- 500 TONS TO OLIVIA STOCKPILE f___-_____- i_-_________ 4_-_-_______ ----------- f-_--_____-_ 0 TONS TO PORT O'CONNOR STOCKPILE f----------- f___________ f----------- f----------- f----------- 0 TONS TO SEADRIFT STOCKPILE f----------- f____-______ f_____-_____ f___________ f___________ ITEH 302, TYPE A (PEA GRAVEL - 3/8.1, GRADE 4 \u4444a auw4aaaaw444waa44w4N a1a44444u aas44444a44w4 awa4aw444Iaa444\44\u44s44\aw444..a..w44w44uawww44aaww44w44waw 44u4wwwaww44a4444444 FOB SHIPPING POINT FOB DESTINATION 444u444w44awwa4\N 4Ywa4 w4\waw ww444\w4a444a4w44444w ww4444a4w\4w44w4www44 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "•""'•" '••..... PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 500 TONS TO PORT LAVACA f___________ f---------- I---------- f___________ f___________ 0 TONS TO POINT COMFORT f---------- f----------- I----------- f----------- f__--------- 1,500 TONS TO GREEN LAKE f______----- f_---------- f_---------- f_---------- f___-------- BY TRUCK: 500 TONS TO PORT LAVACA STOCKPILE f✓`_�_. 5 �_ f�.2Yz5�• oo ff_________-_ 0 TONS TO SIN MILE STOCKPILE f----------- f___________ ff___________ 0 TONS TO OLIVIA STOCKPILE f___----_-__ f___----__-_ :---__------ f__--------- f______----- 0 TONS TO PORT O'CONNOR STOCKPILEf___________ f ____ f ---------- • IZOO TONS TO SEADRIFT STOCKPILE f ,P'LS�. no f f_ _ f Yo.B. 7�hyl //,m,r ((%:irv4)aj ----------------------------------------------------------- --- ------------------------------------------------------------------ ITEM 304, TYPE PE (TOPPING ROCKI,�GAADE 4 4.w wM144.,ww.ws ww.w.www n4\ww.\.w4w.n.ww wwh4.h.Iwsw.w..ww ww4w\44..whh,.,4w.wwh n,4www w4hh,.N..ww.,,,wwhw4..,.wwa.w4\\.,Iwwsw,w.ww4whw TONS PER DESTINATION w4.a.a4w.....ww44.. BY PAIL: FOB SHIPPIN6 POINT UNIT PRICE TOTAL PER TON BID PRICE FBI DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE 3,200 TONS TO PORT LAVACA 1,500 TONS TO POINT COMFORT 2,500 TONS TO GREEN LAKE 430 f f_ f----------- f ---------- f f f f f ---------- ---------------------- f-.---------- I----------- f----------- f----------- f----------- f----------- C� • --------------------------------------------------------------------------------------------- ITEM 304, TYPE PE (TOPPING P.➢CKI, GRADE 4 V11V1V4 V1114144V14\h11444V\awl\4411w 114 w111w414sw1\Lw14\w\\ww4441a444V4\\a 14w41M14aV 44 a1www114a4V44414w 11 VLw444aLL w141wY44wh 114w44\w FOB SHIPPING POINT FOB DESTINATION TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY TRUCK: 2,000 TONS TO FORT LAVACA STOCKPILE t f___________ -'--------- ----------- f----------- 1,200 TONS TO SIX MILE STOCKPILE f f f --- f---------- f 1,500 TONS TO OLIVIA STOCKPILE "'------------------- f----------- f----------- f----------- f----------- f 0 TONS TO PORT O'CONNOR STOCKPILE ff--""--""--' 2,500 TONS TO SEADRIFT STOCKPILE -" f----------- f---________ f ----------- M 350, TYPE D IHOT MIX-CULD LAID ASPHALTIC CONCRETE PAVEMENT) FOB SHIPPING POINT FOB DESTINATION ...... V444..4VV4Y 111\w\44V „+ VV4444V444\444...V\44VV44444444... V444 V44V 10115 PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL """"" PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 800 TONS TO FORT LAVACA 200 T0115 TO POINT COMFORT f----------- f_----"----- f_---------- ----------- 800 TONS TO GREEN LAKE f____---___ f----------- ----------- BY TRUCK• 400 TONS TO PORT LAVACA STOCKPILE ff f 400 TONS TO 511 MILE STOCKPILE ----------- f ----------- 200 TORS TO OL1VIp 51DCY,PILE f f f f----------- f----------- 0 TONS TO PORT O'CONNOR STOCKPILE f f __________ f f ___ f f 800 TONS TO SEADFIFT STOCKPILE i ----------- ---------- ---' ----------- f----- ----- f f_------ f f ITEM 300, ASFHALTS, OILS. EMULSIONS: (MC 301 ------------------------------------------------------------------------------- .4.M1...1... M144M14M1..\.... ....LM1 µ4,444M.,4.V1M1 i.4M14M1... M1%%%%...%%.M1M141M1M1%%4%'%..... M14.1\M1 M144... ..11M11.4%%%...... 4... 4M1414,M1\4,M1I FOB SHIPPING POINT FOR DESTINATION V V.V4VVVK V41M wV1... V.V... V4 1VVVVVVV41V......%%V".... V\ VVIV4VVVVVVVVV GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "„""' PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK: 5,000 GALLONS TO PORT LAVACA STOCKPILE f_f 4,000 GALLONS TO SIX RILE STOCKPILE f f __________ ----------- ---------'- f----------- f-----'----- f----------- 4,000 GALLONS TO OLIVIp STOCKPILE 0 GALLONS TO PORT O'CONNOR STOCKPILE ----------- ------------ 6,000 fiALLONS TO SEAOAIFT STOCKPILE f- - ff__--------- f------------ f f----------- 431 • IiEM 306, ASFHALTS, OItS, EMULSIONS: lRC 250I -------------------------------------------------------------------------------------- w4\YL\\\Lw,M14sww44\44\\YM14wM144M1444\4\\\M14 M14Y1\4\\\444YwhM14u M1M1 4\\4\\\4\YL\YM1444\4\\4\\\44 wM14wM14\4444\\\\14 M1h wwM1 M1\\\\44\\wM14wwM1Yu44 \4 FOB SHIPPING POINT .......w..........,,w.w..,,.. FOR DESTINATION M14wM1,4.,.4.....,M1M1,,,...,,...4.wM1wM1„4,... GALLONS PER DESTINATION - UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK: 6,000 GALLONS TO PORT LAVACA STOCKPILE f_____---_-- 30,000 GALLONS TO SIX MILE STOCKPILE ff ff_I----------- 25,000 GALLONS TO OLIVIA STOCKPILE f----------- f___________ f_-_--____-- ff__---__---_ 18,000 GALLONS TO PORT WCONNOR STOCKPILE f f f f f 57,000 GALLONS TO SEADRIFT STOCKPILE f___________ f___________ fff___________ — - - --------------------------------------------------------------------------------------------------- ----SP- TTA GYPSUM -ECIFICATIONS ACHED — • TONS PER DESTINATION .................... BY RAIL: 100 TONS TO POINT COMFORT BY TRUCK: 100 TONS TO OLIVIA DATE: /, RARE OF BIDDER: FOB SHIPPING POINT UNIT PRICE TOTAL PER 1014 BID PRICE f----------- f----------- f----------- f---------- FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE PER TON f----------- I----------- f----------- f----------- f---------- f MAILING Ix/2 , CITY, STATE, ZIP CODE:___�1`cI_0,2c_.4Q_f_j ______7�40/ • TELEPHONE NUMBER:___________ ------------------------------------------------------------------------- AUTHORIZED SIGNATURE: Gl%.irl ioi n TITLE: ____--lss /fJldsY4fJle • r� ITEM 300, ASPHALTS, OILS. EWLSIOMS- IPC 250I ww4„H...Yn\wn„M,.\ww,,,,,,IN.M1w nwhw,,,.Y.hwhh,4/.\.Yww.hhn\,..M1wwww4„4\V./.wVw4/,..VY4hh n,,,..Ywwww,,,,.Yhwwwh„\I//,whw,,.,. FOB SHIPPING POINT FOB DESTINAIIN GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "'^'•••""•'••"•••" PER GALLON BID PRICE CHARGE PER BALLON BIB PRICE BY THOU.: 25,000 GALLONS TO PART LAVACA STOCKPILE ff f___________ f___________ f___________ 30,000 GALLONS TO SIX MILE STOCKPILE f f f-----------f __________ f __________ 25,000 GALLONS TO OLIVIA STOCKPILE f___________ f f___________ f __________ f _ I8,000 GALLONS TO PORT O'CONNOR. STOCKPILE f f f __________ E ----------- 57,000 GALLONS TO SEADRIFT STOCKPILE f _________ f___________ f _________ f___________ f___________ GYPSUM - SPECIFICATIONS ATTACHED FOB SHIPPING POINT FOB DESTINATION TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL ^^^ • ^^`^^ •••^ ' PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 100 TONS TO POINT COMFORT ff___________ I___________ f----------- f BY INN : 100 TONS TO OLIVIA SHIPPING POINT: POINT COMFORT DATE: ao*elAhaK �f>�--��$g------------ --------------------------------------------------------------------- HAKE OF MAILINGADDRESS: -$--a_80_X--�----------------------------------------------------------------------------------------------- CITY, STATE, ZIP CODE: --- P_O.Y_-1c1Y2Ldr_�BXdS--2�9I9--------------------------------------------------------------- TELEPHONE AUTHORIZED TITLE:___I im SPECIFICATIONS AND PROPOSAL FOR CALHOUN COUNTY ROAD MATERIAL CALHOUN COUNTY WILL RECEIVE BIDS ON VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SPECIFICATIms. THIS FORM 15 DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ON AND DISREGARD THE REST. THE PRICE PER TON FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOUN COUNTY ACCEPTING TRANSPORTATION QUOTATION. IT ISIMPORTANT THAT THE COMPUTATIONS FOR TOTAL BID PRICE BE COMPLETED AS FOLLOWS: FOB SHIPPING POINE TOTAL BID PRICE = UNIT PRICE PEP. TON X TONS PER DESTINATION FOB DESTINATIOR TOTAL BID PRICE = (FREIGHT CHARGE t UNIT PRICE PER TON {FOP, MATERIAL ONLY)) X T0145 PER DESTINATION DO NOT INCLUDE FREIGHT CHARGES WITH UNIT PRICE PER TON, THESE CHARGES MUST BE BID SEPARATELY THE PERIOD OF THIS CONTRACT WILL BE JANUARY 1, 1"0 TO DECEMBER 31, 1970. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF ORDER. ITEM 244, TYPE B {FLEXIBLE PBDCESSEB BASET, Btu 3s IBMI I°I 16D i4 N44444\\444.4\444w\444ww4\444M1w\444\4444444w444\44ww44\4wM1\44444w 4444 wwM1\4\\4w4w\444ww\444444444444wM1\4444w444444w44444w\4\4414\ TONS PEN DESTINATION BY RAIL: 2,000 TONS TO FORT LAVACA 1,200 TONS TO POINT COMFORT 1,600 TONS TO GREEN LANE BY TRUCK: FOB SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f _NO BID f____-____-- fI ----------- ----------- ----------- FOB DESTINATION µ.w..\..........4/..444...4,M1. FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE i i f I---------- f ---------- i ---------- i----------- i----------- $ ----------- 1,000 TONS TO PORT LAVACA STOCKPILE ----iJ4--B.TD f----------- f___________ f______ 1,000 TONS TO SIX MILE STOCKPILE ff if- f 1,200 TONS TO OLIYIA STOCKPILE f__---_---- f______----- -------_--_-__ -- f__----_----. f_---------- f_-------_-- 400 TONS TO PORT O'CONNOR STOCKPILE 4 ----------- i---------- f----------- f----------- f----------- 1,2UU TONS 70 SEADftIFi STOCKPILE C • • • ITEM 249, TYPE A lLIME5TOt1E1, 6RAOE 3 ---------------------------- - .4V.,4a.44..44 M4.4.Y44.rywh.44..,..44..wn4.YM1.44M1.wH,4,...Vsa.4,44hh.4M1.wY..4aM144..4..Y...w4w YM1.hM1.Yn4.,.\44..4.4,aY,,,4nh.YM14wM1ry. FOB SHIPPING POINT FOB DESTINATIOM TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "" PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL' 1,000 70115 TO PORT LAVACA ; NO BIDS f___-__-_ 500 TONS TO,POlN1 COMFORT ----------- f---'------- t----'------ f--'-------- f 0 TONS TO 6P.EE11 LAKE ----------- 5----------- f f BY TRUCK: 1,000 TONS TO PORT LAVACA STOCKPILE f ----------- NO BID f ----'------ f----------- f-----'----- f 0 TONS TO SIX MILE STOCKPILE f i---'------- f----------- i----------- ---''---'-' 500 TONS TO OLIVIA STOCKPILE f__________ ----------- f f-----'----- f-----'----- f----------- 0 TONS TO FORT O'CONNOR STOCKPILE f _---------- 9 f f----------- 0 TONS TO SEAORIFT STOCKPILE i f---�------� t -----'---" __----------'--------------'-------------------------------------------------_ ITEM 302, TYPE A IPEA GRAVEL - 3!B'1, GRADE 4 _____________________"----'---"----'-"--"""""' ...................................................................h,.wM1,,,..4,...,.4...,»4...,..w,.4,,.4,..,ywnry,w..,4..w»y,..,, FOB SHIPPING POINT FOB DESTINATION TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 500 TONS TO PORT LAVACA f----NO BID f___________ f___________ f f 0 TONS T4 POINT COMFORT ; ; ----------- '----'---- 1,500 TONS TO GREEN LAKE --------- -- - f t ------------ f BYf TRUCK: 500 TONS TO PORT LAVACA STOCKPILE S -----'----- NO BID i -----------_ f- f----------- f----------- 0 TONS TO SIX MILE STOCKPILE f ----------- f f f 0 TONS TO OLIVIA STOCKPILEf ----------- f ----------- ---------- f---------- ----------- i---------- ----------- f----------- 0 TONS TO PORT D'CONNOR STOCKPILE f ---'------ f ----------- 1,500 TONS i0 SEA➢RIFT STOCKPILE f______-____ f fff----------- ----------- f ff----------- ITEM 304, TYPE PE 4TOPPING ROCK), GRADE 4 ------------------------------ y4\N41h\yy\y\\VV\\yV\yV1\1V\\V4\\4y\4V\VVVVVVVVV\s Vy4yV\yVy44\VyV\44\4V\V yy V\\VI\V VVV4 V\y4V\4\\V4VV4V4\4yV\4 \\y4M1 \4VV44H 4YVV4M1 y44 TONS PER DESTINATION BY RAIL, 3,200 TONS TO PORT LAVACA 1,500 TONS TO POINT COMFORT 2,500 TONS TO GREEN LAKE FOR SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f_NO _BID f t----------- f----------- f----------- f----------- FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE f f -----------f ----------- ----------- I----------- f----------- f----------- f----------- f----------- f----------- ITEM 304, TYPE PE ITOPPING ROCK), GRADE 4 441114•u•44w44ww444\Lw444w•44444•a4\\w44444a 4444ww44\Lwow 4444h44\wLw44\LL ww 44\w4a44\\\aw«L4\wuwM 44444I1aw4444wa\LLLL \w w4\Lw•w44\4w FOB SHIPPING POINT FOB DESTINATION w w44,aaa, 44aaww,44aa4a,4aa„• 4V,4,444w4444 ww 444\4w4\V\w4444\V4,4444w444 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL '•44'•"w44"""•" PER TON BID PRICE CHARGE PER TON BID PRICE BY TRUCK: 2,000 T011S TO PORT LAYACA STOCKPILE i----- NO_OID f___________ f f___________ 1,200 TOILS TO SIX NILE STOCKPILE f___________ 1,500 TONS TO OLIVIA STOCKPILE f f --- --- f -- f --- f -- 0 TONS TO PORT O'CONNOR STOCKPILE f___________ 2,500 TONS TO SEADRIFT STOCKPILE f___________ f___________ f___________ f___________ f___________ ---------------G---OT ------'---------------------CO---E-IF ITEtI 350, T1PE INMlY-COLD LA10 ASPHALTIC --------------------------`------------------------------------------------ NCRETE w4444www4,4aw4«.4a4«, III .4««44.w4.44 www,.44www4444w..444.a4w4,44ww,,, FOB SHIPPING POINT w4\4wa w,44\4uw, 44 aa,w 444ww,•4 FOB DESTINATION w44444a,w4\•aww4.4• w,4444 w4,w,w4ww„44aaw, TOUS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL •`••••••`••••'••••" PER TON BID PRICE CHARGE PER TON DID PRICE BY RAIL: 800 TONS TO PORT LAYACA f NO BID f f f f 200 TONS TO P0114T COMFORT f_____-_---- f________--- i___-------- f_--_--_---- f_-----_---_ 800 TONS TO GREEN LANE f f f f f BY TRUCK: 400 TONS TO PORT LAYACA STOCKPILE f NO BID f f f f 400 TONS TO 511 NILE STOCKPILE ff ff f___________ 200 TONS TO OLIVIA STOCKPILE f f f f f 0 TONS TO PORT O'CONNOR STOCKPILE f f ---------- ---------- f f ----------- ----------- f ----------- 800 TONS TO SEADRIFT STOCKPILE ff ff f___________ ITEM 300, ASPHALTS, OILS, EMULSIONS: (MC 30) a 4M144aa 4444M1 a44444aM1aw4M14M1•44wM1M1Ilk w4M1 M1444 M14 M14 M1a44444 M1a44a4M1 M1, 44w4M1444M1M1 444M1\a4a44 M1M1 M14 M1a a44M14aaaa,4 M1M1aww44\\•4444•HL4w,M14M1• 4444 M14, GALLONS PER DESTINATION a4„4a.44....a444,.aLw4 BY TRUCK.: FOR SHIPPING POINT UNIT PRICE TOTAL PER GALLON BID PRICE FOB DESTINATION 44, La4nn4,L, nn nnLLaannw4„aaa n44nL,wa ann„ FREIGHT UNIT PRICE TOTAL CHARGE PER GALLON BID PRICE 5,000 GALLONS TO PORT LAYACA STOCKPILE f_apIIp____ f._2y500.00 f_,Q$21___ $-5R0LL_-_ f. 2,945.50 4,000 GALLONS TO SIX MILE STOCKPILE f _5000___ f2,0001_Qf) iw,5QpQ---- to2,356..40 4,000 GALLONS TO OLIVIA STOCKPILE f .5000 _ 3 2,000,00. f_a0$gl___ f-5DQ1L__- S-43u-o . 0 GALLONS TO PORT O'CONNOR STOCKPILE f_,5000___ f___________ fQgs� $kawp____ f_ 6,000 GALLONS TO SEADRIFT STOCKPILE f_s_50 .Q __ f_3.QDQ.120 5_,0821-_- t.SDJ]D.--- f-3,53.4.60 PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE, U • • • 1r u ITEM 300, ASPHALTS, OILS, EMULSIONS: lRC 2507 ------------------------------------------------------------------------------- ,,,,,,,,,,, GALLONS PER DESTINATION BY TRUCK.: FOB SHIPPING POINT UNIT PRICE TOTAL PER GALLON BID PRICE FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER GALLON DID PRICE 25,000 GALLONS TO PORT LAVACA STOCKPILE f5Q9IL__ Ul} 500.00, 1__,11931__ f_ 5aao___ $14,842.50 30,000 GALLONS TO SIX MILE STOCKPILE f .5000 f 15 OQo. oo f . 0937 f . 5000 .17400 25,000 GALLONS TO OLIVIA STOCKPILEf_�r500_00 - f .0937 f_,5000___ .811. fj.4�842:.50 18,000 GALLONS TO PORT O'CONNOR STOCKPILE f_.5000 _ f9,000.00- f__0937__ f _5000___ f 10,68�.60 57,000 GALLONS TO SEADRIFT STOCKPILE f _5000 ; 28,SQ0._00 _. 1__,0937.__ f_,QQDQ___ S-31 $40.,90 --_-__ PRICES_ ARE SUBJECT TO CHANGE _ ___________________________________________________________________________________ WITHOUT NOTICE. 6YPSUN -SPECIFICATIONS ATTACHED TONS PER DESTINATION BY RAIL• 100 TONS TO POINT COMFORT BY TRUCK: 100 TONS TO OLIVIA FOB SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f NO BIDf _________________ f___________ FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE PER TON f___________ f----------- f___________ f___________ f___________ f___________ DATE:NOVEMBER 27. 1989 - - ----------------------------------------------------------------------------------------------- RAN OF BIDDER:___ WRIGHT ASPHALT PRODIj��S__CS2________________________________________________ ----------- --------------------------- MAILING ADDRESS: 4849 GREENVILLE AVE. #830 CITY, STATE, ZIP CODE: DALLAS TX 75206 TELEPHONE AUTHORIZED SIGNATURE: a" G- TITLE:SECRETjLRX/_UEMILg6g________________I_ 437 SPECIFICATIONS AND PROS FOR CALHOUN COUNTY ROAD MATERIAL CF1NTU CUUNTY WILL RECEIVE BIDS ON VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRA.NSPORTARON SPECIFICATIM_ THIS FORK IS DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ONAND DISREGARD THE REST. THE PRICE PER TON FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOU14 COUNTY ACCEPTING TRANSPORTATION QUOTATION. IT IS IMPORTANT THAT THE COMPUTATIONS FOR TOTAL 010 PRICE BE COMPLETED AS FOLLOWS: FOB SHIPPING POINT TOTAL BID PRICE = UNIT PRICE PER TON I TONS PER DESTINATION FOR "-STINS,TIMI TOTAL BID PRICE = (FREIGHT CHARGE + UNIT PRICE PER TON IFOR MATERIAL UNLY)T T TONS PER DESTINATION DO NOT INCLUDE FREIGHT CHARGES WITH UNIT PRICE PER TON, THESE CHARGES MUST BE BID SEPARATELY. THE PERIOD OF THIS CONTRACT WILL BE JANUARY I, 1990 TO DECENBER 31, 1990. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF UNDER. ITEM 249, TYPE B (FLEXIBLE PP.UCESPeF3 991, F02E 3 RONI P'I 11) aw444aaw444 a1a4w44444ah4444V aw444M1 44wV44444VV a44M1a44wh M14M1M144auM1V44VwVw44444wh4444ahhhh4444w444444V444 M1M1V444414Vw4444441ww 444a 4444M14 TONS PER DESTINATION awu....w...4..ww.,.. BY RAIL: 2,000 TONS TO PORT LAVACA 1,200 TONS TO POINT COMFORT 1,600 TONS TO GREEN LAKE BY TRUCK.• FOB SHIPPING POINT w 44NawM M144rya44444aaa 4444aaa UNIT PRICE TOTAL PER TON BID PRICE s s ----------- f----------- f----------- FOB DESTINATION 4..VLV...........44ryry 4.aryhryry4ryryrya44ryryryryry44 FREIGHT UNIT PRICE TOTAL CHARGE PER TOT{ BID PRICE s s s ----------- f----------- f----------- 1000 TONS TO PORT LAVACA STOCKPILE f----------- ------------ f___---_____ f----------- f____------- 1,000 TONS TO SIX MILE STOCKPILE ff___________ f-----------f___________ f_ 1,200 TONS TO OLIVIA STOCKPILE f f --- --- f f f ----------- --- --- -- 400 TONS TO PORT O'CONNOR STOCKPILE ff f___________ 1,200 TONS TO SEADRIFT STOCKPILE ff f___________ • • is • • ITEM 244, TYPE A (LIMESTONE), SPADE 3 M1V M1VVHYV\\VM1V4ry1Vn\\M1nn44hV\\\444V41M1\14Vryry4M1ry44V44ryM1 Vhh\Lryry4ryV1M1\V4ryry 1\4VV\4Y4hVV41\n4ryryVM1lV try ury4VVV\444ry444hhV\aas ryu M1hVV4V ry4M1V\Y TONS PER DESTINATION BY PAIL- 1,000 TONS TO PORT LAVACA 500 TONS TO POINT COMFORT 0 TONS TO BREEN LAKE BY TRUCK: FOB SHIPPING PDINT UNIT PRICE TOTAL PER TON BID PRICE f f f f i----------- f----------- FOB DESTINATION V4V 44V4VV1V\VV444,NVVV4VVVV414VVVUVV44 V4V FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE f f f '---------- f f -----------f ----------- f f f 1,000 TOILS TO PORT LAVACA STOCKPILE fff___________ f___________ 0 TONS TO SIX NILE STOCKPILE fff___________ 500 TONS TO OLIVIA STOCKPILE f f f f f 0 TONS TO PORT O'COHNOR STOCKPILE f E f f f 0 TONS TO SEADRIFT STOCKPILE fffff___________ ITEM 302, TYPE A (PEA GRAVEL - 3/B'), GRADE 4 4444 M444444w444444N 44V4V 444444Y44Y14444444V44444444YY 144444V4N4wY4\\Low 4ry 14444444144444V4\Y44YV44444Y4\\444444444444444444444Y44 TONS PER DESTINATION BY RAIL: 500 TONS TO PORT LAVACA 0 TONS TO POINT COMFORT 1,500 TONS TO GREEN LAKE FOR SHIPPING POINT .H.n UNIT PRICE TOTAL PER TON BID PRICE i----------- i----------- I----------- i---------- f f FOB DESTINATION 4,\14444444444444444V 44411444444444444h 444 FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE i----------- 1----------- i------------- i------------- ---i------ i----------- i----------- I----------- BY TRUCK- 500 TONS TO PORT LAVACA STOCKPILE f f f___________ 0 TONS TO SIX MILE STOCKPILE ----------- 0 TONS TO OLIVIA STOCKPILE ff ff___________ f ----------- 0 TONS TO PORT O'CONNOR STOCKPILE f f ----------- ----------- f f ----------- ----------- f ----------- 1,500 TONS TO SEADRIFT STOCKPILE i f f f f ITEM 304, TYPE PE (TOPPING ROCK), GRADE 4 w YM1Y444Y Y1YY44Y414w444114YYY1414YY14V1441w1144411\Y4Y441\44444114444VM1444w11\4444wI Y4ww11414h111IY411Y 44 Y 4w 14444 w4\1444,4144414\444 FOB SHIPPING POINT TONS PER DESTINATION UNIT PRICE TOTAL """"""""`•" PER TON BID PRICE BY PAIL: 3,200 TONS TO PORT LAVACA i-_-------_- f_____------ 1,500 TONS TO POINT COMFORT f f ---------- ---------- 2,500 TONS TO GREEN LAKE i f ----------- ----------- FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE i---------- i----------- f----------- i----------- i----------- i----------- ii----------- ----------- i----------- ITEM 304, TYPE FE (TOPPING ROCK), GRADE 4 M1 Laaa•\4aww4L LM1M1 w44\M144\441M1 a\4M1 4awww4LLa 4444LwwHLaawM14L44wa 44L4Ya 44wLLa M1a wwLasww4L LM1LM14M1LL M1M1 M1M1w4M1ILw4L4a M1L aw44M1aa4w444YasL w4Laaa♦ FOB SHIPPING POINT FOB DESTINATION aL4LaaYaw al\4 aY4Laa4Y 4waLaw\a aaM1 wwLaaaw Loa YM1w414aa4Y \44aaM1 M1w41wa4 \4aaaY TONS PEP. DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL •••"•"`•"•••"•" PER TON BID PRICE CHARGE PER TON BID PRICE BY TRUCK: 2,000 TONS TO FORT LAVACA STOCKPILE ff_____------ f----------- f----------- f_______---- 1,200 TONS TO SIN MILE STOCKPILE f--- _------- f___________ f___________ f___________ f ----------- 1,500 TONS TO OLIVIA STOCKPILE f ________ f ________ f f 0 TONS TO PORT O'COHNOR STOCKPILE 2,500 TONS TO SEADRIFT STOCKPILE f -_---_--_ f___-------- f _------_- f_______-___ f_____---___ ITEM 350, TYPE D (HOT MIN -COLD LAID ASPHALTIC CONCRETE PAVEMENT) w 4444w44444444L44w444uw44L44hwww44ww•444Ywww444444YL4 aa4441\M1a\44ww4w44\4w44\a4a\444w4444\4w4444\4a444\\ 4w4 M 44w44wwYwwY444M Y4444L F?Of SHIPPING POINT FOR DESTINATION 44 ww44\YY4w4w\w4w44ww4u44\w4w 4uw4u 444wwL 444 ww44Lwwww 444uww4444uw444u444 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL `•"'•""""""" PER TON 010 PRICE CHARGE PER TON 010 PRICE BY RAIL: 800 TONS TO PORT LAVACA f--__-__-_-_ f_-_----_--_ f___________ f----------- f_____------ 200 TONS TO POINT COMFORT f___------- f___----_--- f f______----- f----------- 800 TONS TO BREEN LAKE f f f_---------- i____------ f_---------- BY TRLCK- 400 TONS TO PORT LAVACA STOCKPILE f f f f f___________ 400 TDNS TO 511 MILE STOCKPILE i t 4 f f_________ 200 TONS TO OLIVIA STOCKPILE f__--__---_ f E___--__---- f----------- f______----- 0 TONS TO PORT O'COHNOR STOCKPILE f f f___________ f___________ f B00 TONS TO SEADRIFT STOCKPILE f 6 f f___________ f____ ______ -----'---------------------------------------------------------------------------------------------------------------------------- IIEH 3G0, ASPHP.LIS, OILS> EIIUiS10NS: lMC 3G) a44a44444wu 4aaaaw44aa4441aawry\N aw44aaa w444\ryw w4a1aaw 44aa4w4M aa4 w44aa4ryaaaa4wLawaa4Haw4444aaw4444444hw4w 4444a4hh44444h4w4444 a4144 FOR SHIPPING POINT FOB DESTINATION a4 H4aaa414a4444aaa444aaawry44 a444ww444a44w444aaLY4uww444a44a44wa4a444ww GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL " "" •` `'•"••• PER GALLON BID PRICE CHARGE PEP, GALLOR BID PRICE BY TRUCK 5,000 GALLONS TO PORT LAVACA STOCKPILE fff___________ f___________ f___________ 4,000 GALLONS TO SIX RILE STOCKPILE f___________ f___________ f----------- f___________ f___________ 4,000 GALLONS TO OLIVIA STOCKPILE f _ _ t _ f f f 0 GALLONS TO PORT O'CGHNOR STOCKPILE f f f f ______ f 6,000 BALL014S TO SEADRIFT STOCKPILE f __________ t___________ f___________ f___________ f___________ • • i • • 0 ]TER 300, ASPHALTS, OILS, EMULSIONS: IBM) CRS-Z ---------------------------------------------------- FOB SHIPPING POINT FOR DESTINATION GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON BID PRICE CHARGE PEP. GALLON BID PRICE BY TRUCK: FOB Corpus plant 25,000 GALLONS TO FORT LAVACA STOCKPILE 1___48_____ f_12,000_00 f .0531 f .48 '� f13,327.50 30,000 GALLONS TO SIX NILE STOCKPILE f .48 _____ f 14�000,00 f_.0531 t f_48_' $15,,993 25,000 GALLONS TO OLIVIA STOCKPILE 18,000 f .48 f_-1-2 000.00 _ f _._0_595__ f_.48 _ _ _00 $13,497.50 GALLONS TO PORT O'CONNOR STOCKPILE f .48 _____ f 8,640.00 1 .0599 1.48 f 1.8 4,572 57,000 GALLONS TO SEAORlFT STOCKPILE f __48 y 27,360.00 __ y_ _0531 y .4g `5--� f30 386.70 GYPSUM -SPECIFICATIONS ATTACHED ------------------------------------------------------------- TONS PER DESTINATION BY PAIL: 100 TONS TO POINT COMFORT BY TRIBE 100 TONS TO OLIVIA DATE FOB SHIPPING POINT UNIT PRICE TOTAL PER TON RID PRICE f FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE PER TON f----------- $----------- f----------- f----------- � f------ f NAME OF BIDDER: E -------lf-----Asphalt-- ---------------------------------------------------------- MAILING ADDRESS: --- 701-Brazos --- Suite_490----- Austin, Texas 78701 --------------------------------------------------------------------- CITY, STATE, ZIP CODE: Austin�____Texas_ 78701 TELEPHONE NUMBER: (512) 476-2514 ------------------------------------------------------------------------------------------------------------- AUTHORIZED TITLE: District Marketing Manager -------'------------------------------------------------------------------------------------------- • SPECIFICATIONS AND PROPOSAL FOR CALHOUN COUNTY ROAD MATERIAL CALHOUN COUNTY WILL RECEIVE BIDS ON VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SPECIFICATIONS. THIS FORM IS DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ON AND DISREGARD THE PEST. IRE PRICE PER IOU FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOUN COUNTY ACCEPTING TRANSPORTATION DONATION. IT IS IMPORTANT THAT THE COMPUTATIONS FOR TOTAL BID PRICE BE COMPLETED AS FOLLOWS: • FOR SHIPPING POINT TOTAL BID PRICE = UNIT PRICE PER TOM I TONS PER DESTINATION FOB DESTINATION: TOTAL BID PRICE = (FREIGHT CHARGE f UNIT PRICE PER TON (FOR MATERIAL ONLY)) I TONS PER DESTINATION DO NOT INCLUDE FREIGHT CHARGES WITH UNIT PRICE PER TON THESE CHARGES MUST BE BID SEPARATELY. THE PERIOD OF THIS CONTRACT WILL BE JANUARY 11 1990 TO DECEMBER 31, 1990. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF ORDER. ITEM 249, TYPE B (FLEXIBLE PROCESSED FASEI, 6'P.NM 3; (NIU PI ecl rynu/4``````wawa........4\\4\/\u nww nwryry nnw n\Ywwn\/a4/\/\//\44/\4444ww4......4V aw a/aaa/\///\y/y\/\/4\4\//4...... 44ww44n/wn4nry nw4 nyry FOB SHIPPING POINT FOB DESTINATION /\444/\/4w\ni4/ry u4wwww4ww4ryww /ayw yw ......... M/I/a/\4///yww y/ TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL a/ —.awry`.`/-1— PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: ,00 TONS TO PORT LAVACA f --------- f---------- f----------- f----------- f_-_-------- 1,200 TONS TO POINT COMFORT f ----------- f f ---------- f ---------- f --------- 1,600 TONS TO GREEN LAKE _-- -- ----------- ----------- ----------- BY TRUCK: ' 1,000 TONS TO PORT LAVACA STOCKPILE f----------- f----------- f----------- 1,000 TONS TO SIX MALE STOCKPILE f f___________ f___________ f 1,200 TORS TO OLlVIA STOCKPILE f _----------- E E ----------- f_ ----------- } 406 TORS TO POP.( O'COHNOP, STOCKPILE f -----^---- f f f______----------- f 1,200 TONS TO 5EADRIFT STOCKPILE f ----------- i ----------- t f f ----------- 442 • 11 C ITEM 249, TYPE A (LIMESTONEI, GR40E 3 M1{.n«\«4M14{««' V«444M1V «VM1\««{ii{Vin «a«na «ry{iry Vin««{4 nan«V iry V nw «n«V 44««4«««w««i4 «444ni4V 4«««{4n44wM1 V 4««« FOB SHIPPING POINT FOB DESTINATION TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID (RICE BY RAIL: 1000 TONS TO PORT LAVACA f y 500 TONS TO POINT COMFORT f f y --"-'-"' y f- 0 i0N5 TO GREEN LAKE f f_--_--___-- y f ----------- f_-_--___-_- f----------- BY TRUCK: 1,000 TONS TO PORT LAVACA STOCKPILE f Q_ 00 f 2 Li9L?j f 7_.,5O-__ f Z.00 f_Qr� COn 0 TONS TO SIX MILE STOCKPILE f f f__ _ 500 TONS TO OLIVIA STOCKPILE _ f 2.00 ___ f - OOO_Da --------- f ---- _ ---- - --- f - 0 TONS TO PORT O'CONNOR STOCKPILE f y _Z- ___ f----------- 0 TONS TO SEADRIFT STOCKPILE f f f f ----------- ----------- --------------------------------------------------------------------------------------------------------------------------------- ITEM 302, TYPE A (PEA 6P.AVEL - 3!B'1, 6P.ADE 4 FOB SHIPPING POINT FOB DESTINATION ............................. ..,.,.,,...{ry.....,,.ry..ryry,a..ry,,.ry4n{..ry, TONS PER DESTINA7ION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 500 TONS TO PORT LAVACA f f 0 TONS TO POINT COMFORT f----------- f----------- y----------- 11500 TONS TO BREEN LAKE yy ff""------- f----------- f — f ------------------ — ----------- f----------- y----------- f----------- BY TRUCK: 500 TONS TO PORT LAVACA STOCKPILE 6 f---------- ` 0 TONS TO SIX NILE STOCKPILE ---------- y----"------ y-'--'"'''-- f----------- f__----_-- - f_-------_- 0 TONS TO OLIVIA STOCKPILE f f y----------- f 0 TONS TO PORT D'COIINOR STOCKPILE f-_-_-_-_-_�_-_-_-- f-_-------- f i----"'-" f f ------ 1400 TOILS TO SEADRIFT STOCKPILE f---------- f ----------- ----------- ITEM 304, TYPE PE (TOPPING P.00KI, 6P.ADE 4 FOB SHIPPING POINT FOB DESTINATION TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BIB PRICE CHARGE PEP. TON BID PRICE BY RAIL: 3,200 TONS TO PORT LAVACA 1,500 TONS TO POINT COMFORT ; - f----------- f---------------------- 2,500 TONS TO GREEN LAKE y--"--'''-- y----------' f-----_----- f 443 • ITEM 304, TYPE PE (TOPPING ROCK), GRADE 4 wHH/Ha44/LM1/,HLH /LawwLaM1Y V Ha444 V/aLLH/HLHLH/wwHLH HL HH /wH nw\\/H nH H/wwH HYwwwH V HaYL HH HaHM1M1/wwHHHww4YHH FOB SHIPPING PDINT FDB DESTINATION TDNS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "`••"•""""`• PER TON BID PRICE CHARGE PER TON BID PRICE BY TRUCK: 2,004 TANS TO PQP.i LAVACA STOCKPILE f___________ f___________ f___________ f___________ f___________ 1,200 TONS TO SIX MILE STOCKPILE f___________ f___________ f-----------f___________ f----------- 1,500 TONS TO OLIVIA STOCKPILE f----------- f f___________ f___________ f_ ---------- 0 TONS TO PORT D'CONNOR STOCKPILE f__--____--- f__---_----- :-------__ — 2,500 TONS TO SEA➢RIFT STOCKPILE f___________ f___________ f___________ i___________ i----------- ITEM 350, TYPE D tHOT MIT -COLD LAID ASFHALTIC CONCRETE ------------------------------------------------------------- PAVEMENTI ------ • wy....,..\wwy,,.Yw..,....w....4.w...,.,.wy.... y Yww FOB SHIPPING POINT H.YY.wwHHwsyH 4Ywy..4. FOB DESTINATION \yH YYwws\H.yY.HHy.yy.. Hw..H Y...4...y TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "`•"` •• ..."••` PER TON BID PRICE CHARGE PER TON BID PRICE BY FAIL: 800 TONS TO FORT LAVACA f___-----_-- f__--------- f__----___-- f----------- i---------- 200 TONS TO PDINT COMFORT f__---_----- f_---_---_-- f____------ f----------- f----------- 800 TONS TO GREEN LAKE f f f f f BY TRUCK: 400 TONS TO PORT LAVACA STOCKPILE f_�9.00__ p0 f_7�00,_-' f_J_ZS___ f /�L00__ 00 400 TONS TO SIT MILE STOCKPILE f_1.7le9___ f-Z k0Q_.y0 f_Q_2.5____ f_[Y•t1a____ fll3oo 200 TONS TO OLIVIA STOCKPILE $1,990 0 TONS TO PORT O'CONNOR STDCKPILE f -li-0 f____ 800 TONS TO SEADAIFT STOCKPILE f_�Q,D� f/,'Fy,;ZJ10_ f_/O,So f_[,9,CQ f23.,�QQ,�4 ITEM 300, ASPHALTS, OILS, EMULSIONS: (MC 30) FOB SHIPPING PDINT FOB DESTINATION • GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "—.1..`•".,"`•"` PER GALLON RID PRICE CHARGE PER GALLON BID PRICE BY TRUCK: 5,000 GALLONS TO PORT LAVACA STOCKPILE f__--------- f___________ 3___________ f___________ f___________ 4,000 GALLONS TO S11 MILE STOCKPILE f___________ f___________ $ ----------- ----------- ----------- ----------- ----------- 0 GALLONS TO PORT O'CONNOR STOCKPILE ff i f___________ f___________ 5,000 GALLONS TO SEADRIFT STOCKPILE f f f f___________ f___________ • • • ITEM 340, ASPHALTS, OILS, EMULS10N5: (PC 2501 ---------------------------------------------------------------------- ..................w.,.h,.....w....w,..,w,.,.\.....h.,,ha...ww...h,..,hh,,...,..,h.,.w,,..hah..,h.,,h,,,.,.,....,...,,,,..,...,.,... FOB SHIPPING POINT FOB DESTINATION w..,hh....,,.,.,a,.,....,.,..,h..h,,..,,wh..,wh..h.w..,ah....a...,h.,.. GALLONS PEP. DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK.: 25,000 GALLONS TO PORT LAVACA STOCKPILE fff___________ 30,000 GALLONS TO SIX MILE STOCKPILE f f f` f f 25,000 GALLONS TO OLIVIA STOCKPILE fff__ f----------- ff__________ f 18,000 GALLONS TO PORT WCONNDR STOCKPILE f f----------- 57,400 GALLONS TO SEADRIFT STOCKPILE f_ ---------- ----------- ----------- ----------- ----------- _______ _ f______ f__________- f_____--_ - SPECIFICATIONS ATTACHED ------------------------------------------------------------ FOB SHIPPING POINT FOB DESTINATION TONS PEP. DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: PER TON 100 TONS TO POINT COMFORT f f BY TRUCK: 100 TONS TO OLIVIA f f /2—hi— f----------- f----------- f----------- f------------ f----------- f ManE of GIBBER:__ SANGHZ_ M/1r�iPii4� s------------------------------------------------------------------------------- nAILINc aBGREss:_206_S:SgrY ---------------------------------------------------------------------------------- CITY, STATE, ZIP CODE:__,SiIN ------------------------------------------------------- TELEPHONE NUMBER:___ ---------------------------------------------------------------------------------------------------- AUTHORIZED SIGNATURE: M BEN H. COMISKEY, JR., L.P.A. COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN PORT LAVACA► TEXAS 77979 f 610)-609-4610 December 5, 1969 A D D E N D U M T03 SANCHEZ GRAVEL HAULING 206 SOUTH SAN MANUEL SAN ANTONIO, TX 78237 RE: REOMSTS FOR BIDS ON ROAD MATERIAL Dear Bidder: The specifications for road materials should be changed to include the following: PIT RUN ROAD GRAVEL 4 hhhl.hhhhhhhlrh hM1M1hhhh'1rN hhhhhhM1hhhhhhhhhhhh----------------------------------------------- FOB SHIPPING POINT FOB DESTINATION h hM1hM1hM1M1hM1hhhhM1M1hhM1M1Nh44h M1hhhhhhhYM1hhhryM1M1hhhhNMhhNM1hMhY UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL TONS PER DESTINATION PER TON BID PRICE CHARGE PER TON BID PRICE -1111 h 11 hh,.. ....,... BY RAIL: 1,500 TONS TO PORT LAVACA S--------- $--------- $-------- $________ $_----__- 0 TONS TO POINT COMFORT $--------- $--------- $-------- $________ ------- 0 TONS TO GREEN LAKE $--------- $--------- $-------- $________ $-------- BY TRUCK: 0 TONS TO PORT LAVACA $__ $--------- $-------- $-------- $-------- 1,500 TONS TO SIX MILE $_ $--------- $________ $-------- $-------- 0 TONS TO OLIVIA $-------- $--------- $-------- $-------- $-------- 0 TONS TO PORT O'CONNOR $--------- $------ $-------- $-------- $-------_ 0 TONS TO SEADRIFT $--------- $--------- $-------- $-------- $-------- Thank you for your cooperation in including this additional item in your bid. Sincerely • • • DenH. key,m,,�.{z� n . Ben H. Comiskey, Jr. 4416ty Auditor • cIF_ F _ Gifford -Hill & Company Inc. ° Ae.2, 47Tex5 OHH•HILL Area x1 0999 Zip MOP ANE - Gol THE GRAVEBEAZER - CRUSHED 5 Ma Box 190999 Zip 752i90999 CRUSHED STONE - 3AND a GRAVEL -CRUSHED SLAG ❑ Maxie. Texas Area 817 5623891 PO Box 167 Zip 76667 1L7 SERVTEX MATERIAL CO. New Braunials, Texas B.H. Comiskey, Jr. C.P.A. Area 512625-3457 County Auditor - Calhoun County PO Box 311535 Zip 78131 211 S Ann Street - County Courthouse Port Lavaca, Texas 77979 QUOTATION NO. N47 DATE: 12-7-89 BID DATE 12-11-89 WEARE PLEASED TO OUOTETHE FOLLOWING PRICES FORTHE DESCRIBED MATERIALS FOR USE ONLYOWFOR 10:00 AM County Road Materials • Quoting per your request for bids with the following exception: '•• 1) Quoting on Item 304, Type PB, (alternate to Type PE) Minimum 10 Cars per rail shipment ❑ SNeveporl, Louisiana Area 318 865-7111 PO Box 6615 Zip 71106 ❑ Texarkana. Texas Area 214 793-3107 PO Box 450 Zip 75501 ° Any increase in transportation at time of delivery will be an additional charge. DISCOUNT: NET 30 DAYS THIS QUOTATION IS SUBJECT. TO TERMS a CONDITIONS SHOWN ON REVERSE SIDE. ALL PRICES SUBJECT TO APPLICABLE SALES TAX UNLESS EXEMPTION CERTIFICATE FURNISHED. ACCEPTED BY PURCHASER GIFFORD-HILL & COMPANY, INC. • BEN H. COMISKEY, JR., C.P.A. COUNTY AUDITORr CALHOUN COUNTY COUNTY COURTHOUSE - Ell S. ANN PORT LAVACAI TEXAS 77979 4318,-MUD-4610 December S1 1989 TO: GIFFORD-HILL 8 COMPANY, INC. P. 0. BOX 311535 NEW BRAUNFELS, TX 78t31 RE: REQUESTS FOR BIDS ON ROAD MATERIAL • Dear Bidder: The specifications for road materials should be changed to include the following: PIT RUN ROAD GRAVEL M1 hhhhhlhM1M1ryM1M1lrhhl MlrL LhhhlhlhhhryhM1rylhhhryhhh M11Y hlrh hryhryhhhhhhNhhhhhhM1hM1llM1hhhhhhhlhryN1M111111h TONS PER DESTINATION 11111111111111111111 BY RAIL: FOB SHIPPING POINT h hhryhh4ryryhhwrh M1M1ryryryM1hhhhhh UNIT PRICE TOTAL PER TON BID PRICE 1,500 TONS TO PORT LAVACA $ NO_BID__ $ 0 TONS TO POINT COMFORT $$ 0 TONS TO GREEN LAKE $ $ BY TRUCK: FOB DESTINATION M1 hYM1M1ry NrYhhhhhhhhM1l.M1M1ryryhM1NhMM1hM1 FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE $-------- $-------- $-------- $ $ E ------------------------ $ E $ 0 TONS TO PORT LAVACA $______ $__ $ 1,500 TONS TO SIX MILE $ NO BID --------- $ --------- $ -------- 0 TONS TO OLIVIA $___--__-- $--- ___-- $ __----- 0 TONS TO PORT O'CONNOR E --------- $ --------- $-------- 0 TONS TO SEADRIFT $ $ $________ $-------- $-------- • E $ ---------------- $-------- $-------- E $ ---------------- $-------- $-------- Thank you for your cooperation in including this additional item in your bid. Sincerely, Ben H. Comickeyl Jr. (� County Auditor 3y�� 448 • SPECIFICATIONS AND PRf FOR CALHOUN COUNTY ROAD MATERIAL CALHOUN COUNTY WILL RECEIVE BIDS ON VARIOUS ROAD MATERIAL, ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TPANSPURTATION SFECIFICATIDFIS. THIS FOR" IS DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ONARD DISREGARD THE REST. THE PRICE PER TON FOR MATERIAL SHOULD I40T BE. CONTINGENT ON CALHOUN COUNTY ACCEPTING TRANSPORTATION OUDTATION, It IS IMPORTANT THAT THE COMPUTATIONS FOR TOTAL BID PRICE BE COMPLETED AS FOLLORS: FOB SHIPPING POINt TOTAL BID PRICE = UNIT PRICE PER TON X TONS PER DESTINATIUR FOB DESTINATION TOTAL BID PRICE _ (FREIGHT CHARGE t UNIT PRICE PER TON (FOR MATERIAL ONLY)T I TONS PER DESTINATION DO NOT INCLUDE FREIGHT CHARG • ES WITH UNIT PRICE PER TON, THESE CHARGES NUST BE BID SEPARATELY THE PERIOD OF THIS CONTRACT HILL BE JANUARY I, 1990 TO DECEMBER 31, 1990, DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF ORDER. ITEM 249, TYPE B (FLEIIBLE PROCESSED BASSI, Bt7F.DE 3 ton FI AD FOB SHIPPING POINT _ FOB DESTINATION TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TOIL BID PRICE BY RAIL- 2,000 TONS TO PORT LAVACA f NO BID f f------_____ 1,200 TONS TO POINT COMFORT - NO --- f__ NO f f 1,800 TONS i0 GREEN LAKE - f NO BID ----"-"" f----------- f ----------- f----------- f----------- f----------- f BY TRUCK: •1,000 TONS TO FORT LAVACA STOCKPILE f NO BID ----------- f f f 1,000 TONS TO 511 MILE STOCKPILE f__-up D -'--------- f----------- f-------- 1,200 TONS TO OLIVIp STOCKPILE - ff BJ.D f f f --- ----------- f--------_-- 400 TONS TO PORT O'CONNOR STOCKPILE .N0 UD --- I___________ f-_--__---- 1,200 TONS TO SEADRIFT STOCKPILE --- _BID f----NQ-BI_D f % f-- f e mo t ITEM 249, TYPE A (LIMESTONE), GRADE 3 w44\\ww4ww 44\\4\\Lww4\444\w41\444444444ww4www44\4 N nww4444w4\444ww w4M 44\\\w44 wnw444444444\nww 4444444\4\w444\\\w\\YLYYwww4444\Y\w4w FOB SHIPPING POINT FOB DESTINATION 4\.,4,arrrr. Ya\Y4a4aM 4r.aNY 4\YYaw4a\r.Ylw\.r M14.\s4.swM14 \4rr r4,4Y.Ya.. TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "".... "'^"' PER TOIL BID PRICE CHARGE PER TON BID PRICE BY PAIL: 1,000 TONS TO PORT LAVACA f f ---------------------- f ----------- f f ----------- ----------- 5O0 TONS TO POINT COMFORT t_ 1,50_ f__ 750.00 f_ 13�y3 f__1,SQ___ t__Z,..465.90 0 TONS TO GREEN LAKE f f f f f BY TF.UCK- 1,000 TONS TO FORT LAVACA STOCKPILE f__ 1.50--- 1__15.00.09 f__12,31_ f___1.a5Il__ lu aaI1.Ilo 0 TONS TO 511 MILE STOCKPILE ffff___________ 500TONS TOOLIVIASTOCKPILE f1,50f___750,_09 f__1Z,2$_ f1,.SSLf-Z..2-Q,Il0 0 TONS TO PORT O'CONNOR STOCKPILE f f t f f ----------- ----------- ---------------------- ----------- 0 TONS TO SEADRIFT STOCKPILE f f f f f ----------- ---------- ----------- ----------- ----------- ITEM 302, TYPE A (PEA GRAVEL - 318'), GRADE 4 u uua nu4uua\wan44 µ uaa\a wu w44 a\4a\www444 wuwN wa uw4\,Y\w4w 4w 44\4\ww Y4w444444I4Y444aK au 4wunu4444uawVYun w444w444YM14444wu4\awwww44444 w4 TONS PER DESTINATION ..,..r4.,.,.,.444.., BY FAIL: 500 TONS TO PORT LAVACA 0 TONS TO POINT COMFORT 1,500 TONS TO GREEN LAKE BY TRUCK: FOB SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f i NO_BID _ f___________ f NOf -----B----------------- _ID_ f___________ FOR DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TOIL BID PRICE f t i ----------- ----------- ----------- f f f 500 TONS TO PORT LAVACA STOCKPILE f --NO-- BID f f f f ----------------- ----------- ----------- ----------- 0 TONS TO 511 MILE STOCKPILE f_-_-------_ f___---_-_-- =----------- ------------ f 0 TONS TO OLIVIA STOCKPILE fffff___________ 0 TONS TO PORT O'CONNGR STOCKPILE f f _ f f _ f 1,500 TONS TO SEADRIFT STOCKPILE fNOBID f f f__ ITEM 304, TYPE PE (TOPPING ROCK.), GRADE 4 4444w w4444 aa4 w444awaw44 Y444a wwww44444waaw 44\Y\4 aw4444wYwwww4444awaww444444awwY4444w aaYa44444\41w44444awa444444\w4444444Y44ww4444\4w NOTE: Quoting on Item 304 Type PB, Gr. 4 FOB SHIPPING POINT FOB DESTINATION 4aaaaaH 4w4 YawaK 444\\aaw4444 w444aa4444a4aaw 44 K 4aa 4wwK 44444w44444a444 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL ... I.., "`"•• PER TON BID PRICE CHARGE PER TOR BID PRICE BY RAIL` • • • 3,200 TONS TO PORT LAVACA 1,500 TONS TO POINT COMFORT 2,500 TD115 TO GREEN LAKE Ul t----------- f----------- f----------- t----------- i ----------- f_11A0__ f16.500 _00 f.__l_0s43 __ 6__11 00__ f_36_645, 00 f__II�Qg_ 1_27-..500,00 f__12,85__ f--- 1_1_.00_ f__59,625.00 • • r� ITEM 304, TYPE PE (TOPPING P.00Y.J, GRADE 4 ------------------------------------------------------------------ N LLV4VV4VLw4V44VVV44nV\V4\VM1V44wV\444ryM1VV 4444VLryaVV4444VV4ww4444VryVV4ryaVLryw4VVLLsaV444a M1\44wVV444VV{LaaVV44w4V4.4a\L LryVV4444V M14444 NOTE: QUOTING ON ITEM 304 TYPE PB TONS PER DESTINATION BY TRUCK: FOB SNIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER 7011 DID PRICE 2,000 TONS TO FORT LAVACA STOCKPILE f_ 11 _00_ f_ 22,000_ 00 f_12,33--- f_ 11QQf_45_>44.0A00 1,200 TONS TO SIX MILE STOCKPILE f _ f f f f 1,500 TONS TO OLIVIA STOCKPILE f__ 11 _00_ f_ I6-t500_ 00 f_12t98___ _ f_ 11Q0 f-35.9J-Q�00 0 TONS TO PORT O'CONNOR STOCKPILE f _ f_ _ f __ f___________ f______ 2,500 TONS TO SEpDRIFi STOCKPILE f11.00_ f_ 27t500_ 00 ________ f 12.33... f_ 11 _00__ f5$,325100 ITEM 350, TYPE D UNIT MIX -COLD LAID ASPHALTIC CONCRETE PAVEMENT) 4...,.....4\.y,.\Yy4,.\yyy\wy....%,y...yy y4.....,4y4y44.yy4\.\y,4.yyn\ry\yy yw..,\41V.N.ryy,44w.M1y\.\,,.4\yy... V'.,.... \%'... y%'% FOB SHIPPING POINT FOB DESTINATION 444n44,44n,4444444 n4444444444 ry4444VV444\44444n4444\n4444444444.44444ry 4\ TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL "'""" PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 800 TONS TO PORT LAVACA f f f f f 200 TONS TO POINT COMFORT t ---- 17.00 - _ f_ 3:400 _00 - f _ _ - 13_ 43 __ f _ 17.00 f6�0-- B00 TONS TO GREEN LAKE f___ 17.00 f_ 13�600,00 f12.$5 __ -- __ -- f... -- l7._0_0_ _-- f Y3�880 _00 BY TRUCK: 400 TONS TO PORT LAVACA STOCKPILE f__ 17.00 _ f6,800,00 f__12.33 f__17.00_ f I1_L732.00 400 TONS TO 9I1 MILE STOCKPILE f 200 TONS TO OLIVIA STOCKPILE f _ 17.00 f_ 3,400.00 f 12.98 t 17.00 S ----- 96 0 TONS TO PORT O'CONNOR STOCKPILE f f f f -.00 f 800 TONS TO SEADkIFT STOCKPILEf _17.00 f13,D-MO f__1_2.33 _ _ f--- 17.00_ f 23�464.00 ITEM 300, ASPHALTS, OILS, EMULSIONS: MC 30) ---------------------------------------------------------- hhh..V.%'. h.h..,.h..h..44hh..Yh4.,hh.4hhVM1h4,w,..h4.nh4hhhh,hha.\h4hhh\ ... h.... h.h... hhhhh... h4w.4hh4. h.hhhV.\4hM1 V\hhhh h.4h.hhh4h FOB SHIPPING POINT FOB DESTINA710M GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK: 5,000 GALLONS TO PORT LAVACA STOCKPILE f___NO -- BID f___________ f f - f --- 4,000 GALLONS TO SIX MILE STOCKPILE fNO_ BID f__f f f 4,000 GALLONS TO OLIVIA STOCKPILE f--- NO --BID f___________ f �-----�---- f-----�---- f 0 GALLONS TO FORT O'CONNOR STOCKPILE ff ----------- ----------- ------------ f----------- f---------'- f----------- 6,000 GALLONS TO SEADRIfT STOCKPILE f--- NO _____-_____ f f _ f --BID f--- ----------- 451 n U ITEM 300, ASPHALTS, OILS, EMULSIONS: QC 250) ,hIIV4.wYhw411w.\{III\VM1IYYY{IY4,\41..4M1\M,{4,..4h.,4,K4,.4,\,,,44.N4,4.444w,4„4.wwM1M1.Iwh I.Iw.M1Y\\.Yuh Y4M111144Y,.\4Y4..\,4.,.44 FOB SNIPPING POINT FOR DESTINA710M ,.{.......................... .w wwM1wwM1w.Y.wIY.M1www....41..4..,,..,4„444 GALLONS PER DESTINATION - UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON 910 PRICE CHARGE PER GALLON BID PRICE BY TRUCK: 25.000 GALLONS TO PORT LAVACA STOCKPILE f_NQ_j}ID_ f f___________ 30,000 GALLONS TO 511 MILE STOCKPILE f_NQ_Bjp _ f___________ f___________ 25,000 GALLONS TO OLIVIA STOCKPILE f_ NO_Bjp f___________ f _ ________ f IB,000 GALLONS TO PORT O'CONNOR STOCKPILE i_NO_ BID _ f f f 57,000 GALLONS TO SEADRIFT STOCKPILE f_ NO_ BID f___________ f___________ f___________ f___________ EWF�Fdi SPECIFICATIONS GYFSUH - SPECIFICATIONS ATTACHED • M4\..1.1,4w11.4N,114w1 n{..,.Y\{Y41 ryww.ryry hM1Vw. w444 n.u4wry.wnn4Yl VM1wh4V h114Y41V,w hww4M11YVM1441YM1 hM1 I4YYh. h44 n,YVhVM1ry441\\411Y\.Y4 hY.4h FOB SHIPPING POINT FOR DESTINATION .4...................w..,..,. ,....,.,,,,,,,.,4,..1,44,4.,,4„4w44..,4.4 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TD14 DID PRICE PER TON BY RAIL: 100 TONS TO POINT COMFORT f NO BID f ----------- ----------- f f f ----------- ----------- ----------- - BY TRUCK: " 100 TONS TO OLIVIA f NO BID f f f f NAME OF BIDDER: ------------GIFFORD=HILL_&_CO,..._1IN•--------------------------------------------------------------------- MAILING ADDRESS CITY, STATE, ZIP CODE: 1]EW_BBAVNFELS,_UXAS---_--Ialal-------------------------------------------------------------- • TELEPHONE NUMBER°----------51 2 _62 =i4BZ--------------------------------------------------------------------------------------- MICHAEL /XW HH AUTHORIZED SIGNATURE: - TITLE: SALES REPRESENTATIVE im • • 0 SPECIFICATIONS AND PROPOSAL FOR CALHOUN COUNTY ROAD MATERIAL MOB COUNTY WILL RECEIVE BIDS ON VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SPECIFICATIONS. THIS FORM 15 DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ONAND DISREGARD THE REST. THE PRICE PER TON FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOUN COUNTY ACCEPTING TRANSPORTATION QUOTATION. It IS IMPORTANT THAT THE COMPUTATIONS FOR TOTAL DID PRICE BE COMPLETED AS FOLLOWS: FOR SHIPPING POINI TOTAL BID PRICE = UNIT PRICE PER TON X TONS PER DESTINATION FOB DESTINATION TOTAL BID PRICE _ (FREIGHT CHARGE + UNIT PRICE PER TON (FOR MATERIAL ONLY)) I TONS PER DESTINATION DO NOT INCLUDE FREIGHT CHARGES WITH UNIT PRICE PER TON, THESE CHARGES MUST BE BID SEPARATELY THE PERIOD OF THIS CONTRACT MILL BE IANUARY 1, 1990 TO DECEMBER 31, 1990. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEUENT OF ORDER. ITEM 24 ,TYPE B (FLEXIBLE PROCESSED BASE), GRADE 3, {NIXX Fd 6) V VVV\M1IVVVKVVM1V hV4\VV1VM1\40\Vh1\\M1hVM14\VV\\4VVVM144VVV4V VV4VVV\V\VVM1V IVM1\\V1V\\\VVY4VV\M1M114\4VVM1\4hVV44VVh4\M1VV444V44V44VV41V4V VV VV FOB SHIPPING POINT FOB DESTINATION V VVV1V44VV\4VVVM14VV4V4wV4VV4V M1V VV\VVV\VVM1VVVVM1VV4VV VV4M1VM1IV\V 4V VVVM14VYV TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 2,000 TONS TO PORT LAVACA f____------ f_----_----- f_----_----- f_____--_--- 1,200 TONS TO POINT COMFORT f_---------- f__- __--- f----------- f----------- ----------- f , TONS O GREEN LAKE f__---_----- E___---__--- f_----_----- ----------- f BY TRUCK: 1,000 TONS TO PORT LAVACA STOCKPILE f f f f f___________ 1,000 TONS TO SIX NILE STOCKPILE _ 1,200 TONS TO OLIVIA STOCKPILE f f_----------- ---------- ----------- ----------- 400 TONS TO PORT OSTOCKPILE f f_____-_____ ----------- f f f 1,200 TONS TO SEADRIFTSTOCKPILE PILE f f_ f_________-- 453 ITEM 244, TYPE A (LIMESTONE), GRADE 3 \\hI\4M1\\4 h4444 hM1w4w\M1M1M1I N4N\M1\w4\\M1\M14 M144444w44\\aa44\4\\\4w 44M1M1w4a444 hIa444h\ww4w\\\ah ww44M1\wh44,\M14h444\N ww4\\4Y444\4\\4M1 444M1 FOB SHIPPING POINT FOR DESTINATION ' 44w4444444444444444444444^M1Y4 44^44444M144^44444444.44444441444 Y444Y4H44 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL 4 ••••^••••^••+••^•••• PER TON BID PRICE CHARGE PER TUN BID PRICE BY RAIL: 1,000 TONS TO FORT LAVACA 10 Car Minimum f�,] f_j,]QQ,QO f_13,gg 1__15.1A__ f_10,1$Q400 500 TONS TO POINT COMFORT 5 Car Minimum f__1_Lz5--- f--- $7-5.0 SU.- Z_-__ f_]Q,Jz_-- f__7,.$(_Q,90 0 TONS TO GREEN LAKE f----------- I----------- ----------- f----------- f__--------- BY TRUCK: 1,000 TUNS TO PORT LAVACA STOCKPILE f f f_.__________ f___________ f___________ 0 TONS TO SIX MILE STOCKPILE f__------_-- f_____---_-- I_____------ ----------- f----------- 500 TONS TO OLIVIA STOCKPILE f----------- f____----_-- f f f____------- 0 TONS TO PORT O'CONNOR STOCKPILE f___________ f i f___________ 0 TONS TO SEADRIFT STOCKPILE f----------- f_--------__ f___-------- ----------- f----------- ---------------------------------------------------------------------------------- ITEM 3U2, TYPE A (PEp GRAVEL - 318'1, GRADE 4 (LIMESTONE) a aawa44wa4 N a{aaw{{aaw w4{aawaw ww w{haaw44wl1aw444a as ww4{a\\aw„4\{.w4,4{\as a4,lawwww44aa{\Y4w444{aaww4,{4{a4 M {{aa444,{{1a44,i{Ywawa FOB SNIPPING POINT FOR DESTINATION 4 ww 4w4444w4444444aw4444ww4\44 \M14w444\w 4w44444w44444 h4ww444444w444\\4www TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL ••••••+•4h•••••••••• PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 500 TONS TO PORT LAVACA 10 Car Minimum f--- 6.00... f3,QQ0,Q9 f__13.43__ f_19_43__ f_9,.Z15.Il0 0 TONS TO POINT COMFORT f ----------- f----------- ----------- f--- -------- f_____------ 1,500 TONS TO GREEN LAKE 10 Car Minimum f--- 6.00... f9,000 G.0 BY TRUCK: 500 TONS TO FORT LAVACA STOCKPILE f___________ f___________ ----------- f__--------- f___________ 0 TONS TO SIX MILE STOCKPILE f __________ f----------- f __________ ___________ f ----------- 0 TONS TO OLIVIA STOCKPILE f_____------ f_____------ '----------- f----__---- f_____------ 0 TONS TO PORT O'CONNOR STOCKPILE f___________ f___________ f___________ f___________ f----------- 1,500 TONS TO SEADRIFT STOCKPILE f ----------- f----------- f----------- f___________ f-__________ ITEM 304, TYPE PE (TOPPING ROCK), GRADE 4 TONS PER DESTINATION 44...h44.,,w.444.wwa BY PAIL: FOB SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE • • • 3,200 TONS TO PORT LAVACA 1,50 TONS TO POINT COMFORT 2.500 TONS TO BREEN LAKE �� f f ---------------------- f----------- f---------- f f ----------- ----------- • ITEM 304, TYPE PE (TOPPING ROCK.), GRADE 4 .44a.\4/awh,\a4a./\a/4as\h/,aa.y//na.a4/1w nw4/ya, a4yy„4a1.V4,1h\\,. nswV,./s na4, M4s s\,//nryw.hl/sw4y\\4, wa. y44w,..44444,44h.4.\444n FOB SHIPPING POINT FOB DESTINATIA-4 ww4. TONS PER DESTINATION ......................... „4,w\h, UNIT PRICE TOTAL FREIGHT UNIT PRICE .a../ TDTAL 44 4\\41.V,44wa PER TON BID PRICE CHARGE PER TOM BID PRICE BY TRUCK: 2000 TONS TO PORT-LAVACA STOCKPILE f f 1,200 TONS TO SIX MILE STOCKPILE f ` f----------- f----------- f__--------- 1�500 TOMS iQ OLIVIA STOCKPILE ---'----"'- - f f----------- f __________ f_ 0 TONS TO FORT O'CONNOR STOCKPILE f----------- f"'-""-- f ---------- f---------- f----------- 2pSOO TONS TO SEADRIFT STOCKPILE --------- ----------- __--------- f----------- f----------- f---------------------- -'---------------------------------------..------------------------------------ ITEM 350� TYPE D SNOT MIX -COLD LA1B ASPHALTIC CONCRETE PAVEMENT? -' "' "'_____ __ {14wi14i{41w{i{1141i{\44144{1{rylii4 nii4{\V4wii1141i{{14V iiM1444w 4hii{4w4\{M14wiii{w4wi{44441{i{4w1 i{{w41wiM {{wi{M11nw a{V1ry ry1 aM1{{Va4w FOB SHIPPING POINT FOB DESTINATION TONS PER DESTINATION {iUNV{\{4 ry14a{144i{iM1\4 4{1144i{M1{4rywaiY4lrywVNVrywryaV M144w M1M14 {ryryii{ • M1{ UNIT PRICE TOTAL TOTAL FREIGHT UNIT PRICE TOTAL PER 10N BID PRICE CHARGE PER TON BID PRICE BY RAIL: 000 TONS TO FORT LAVACA 200 TONS TO POINT COMFORT i_'-_-"_"-" f- — f 800 TONS TO GREEN LAKE f----------- ff---`------- ----------- f----------- f----------- BY TRUCK. 400 TONS TO PORT LAVACA STOCKPILE 400 TONS TO SIX MILE STOCKPILE " ' f----------" - f---------- - f-----_____- f 200 TONS TO OLIVIA STOCKPILE S" -""----- ----------- 0 TONS TO PORT O'CONNUR STOCKPILE '------ f--""'"'-- ----------- ---- f-_____-____ f_ ---------- 800 TONS TO SEADRIFT STOCKPILE --'-------- ----------- f -----------f___________ f___________ --- ----------- f---------- -- f f---------- f --------------------------- ITEM 300. ASPHALTS OlLS� ENULSIONS: SNC 30) —--- --""" '"-'---------------------------------------- ---- wa{{114 waa{1 w4w{4V4aa{V4w{M114rywV{{4ryaM1V Vyryi aiVM1ry ny y{4VY\{VV414/1ry4{4{44a\\{14rya\41i\Mwya{{44i M1\\14ii M1\M14{NM11ryY\\V4V M1M1\\4M1{{{ FOB SNIPPING POINT FOR DESTINATION GALLONS PER DESTINATION ryaM1VVVry{4{ry4a1h1Vsry4VV1ry4a{{4 4{4V1{{\\4{{{114i4441wV{M144{i444iVN VVM1{\4 {{411\4 M1i{{w4i1 ........ UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK: 5,000 GALLONS TO PORT LAVACA STOCKPILE f f---'--"'-" f----------- 4000 GALLONS TO SIX MILE STOCKPILE -'---- f f 4,000 GALLONS TO OLIVIA STOCKPILE _ S ---------- f"'"""-- f 0 GALLONS TO PORT O'CONNOR STOCKPILE f f 6 000 GALLONS TO SEADRIFT STOCKPILE ______ ------ ---------- ----------- $-- ]TEN 300, ASPHALTS, OILS, EMULSIONS: (RC 250) 4w4\4\M1I\4\44.4144441444\444wV Iw YYYM144 M1YM1 M14\+Y\4YY4\\44\\11w14441\444444w444w144444VhYM1YY 4Y\M1w YM1+\V\1\\4\444\\441444\IV44411444Vw•V FOR SHIPPING POINT FOB DESTINATION „».,..,...+,.,«........... ........,,,44.44,4..,,4w4w4w.wwwwwww...... GALLONS PER DESTINATION UNIT PRICE TOTAL FREI6HT UNIT PRICE TOTAL ••••••• \•• PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK, 25,000 GALLONS TO PORT LAVACA STOCKPILE f----------- f----------- f----------- f----------- $ ----------- 30,000 GALLONS TO SIX MILE STOCKPILE f___________ f----------- f----------- f------- -- f----------- 25,000 6ALL0NS TO OLIVIA STOCKPILE f_ff_______---- f----------- f----------- 18,000 GALLONS TO PORT O'CONNOR STOCKPILE fff___________ f----------- f___________ 57,000 GALLONS TO SEADRIFT STOCKPILE f ----------- f----------- ----------- f----------- f_____------ GYPSUM - SPECIFICATIONS ATTACHED ..+....,......wY............ ...4..... ..,Y4,..........,.14.,4.44,w,.w,Yhww4444w..,4...ww..,...w,.4Y..,..,.........,,,..,,,..,..... TONS PER DESTINATION BY RAIL: 100 TOIIS TO POINT COMFORT BY TRUCK: 100 TONS TO OLIVIA FOB SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f----------- f----------- f---------- f----------- FOB BESTINATIGN FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE PER TOM f----------- f----------- I----------- i----------- f----------- $ ----------- DATE: December _ 7. ------ _ 1989 ___________________ -------------------------------------------------------------------------- HARE OF BIDDER: __Parker -Brothers & Co_,_Inc,-------------------------------------------------------------------------- MAILING ADDRESS:P.O,_ Box 107 - -- -------------------------------------------------------------------------------------------- CITY, STATE, ZIP CODE:HOUStOn� TX_ -77001 ---- 2 TELEPHONE NUMBER: ------- �--7--13 ---9-- ------8-8250 ------------------------------------- ---------------------------- --------------------- AUTHORIZED SIGNATURE TITLE: --------------- Sales-Manager/Stabilize Division _- --- --------------------------------------- --------- CJ • • BEN H. COMISKEY, JR., C.P.A. COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN PORT LAVACA, TEXAS 77979 f 9iB )-663-46f0 December S, 1989 A D D E N D U M TOe PARKER BROTHERS 8 CO., INC. P 0 BOX 100715 HOUSTON, TEXAS 77212-0715 REs REQUESTS FOR BIDS ON ROAD MATERIAL Dear Bidder: • The specifications for road materials should be changed to include the following: PIT RUN ROAD GRAVEL ---------------------- 1rY NM14M14Y.YYY4YY4M1Y4Y4N4Y4NYYYYYYYY4M1YM1YM1M1M1YYYYM1YYYYYYM1YYM1M1YNM1M1Y......YM1M1YYYYYYM1YYM1YY4YY... FOB SHIPPING POINT FOB DESTINATION YYYY4Y4NY.YNYY4 Y.YYYYYYM14M1Y YYYYYYYYYYYM1YYYYY4YYYYYwYYYYYs UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL TONS PER DESTINATION PER TON BID PRICE CHARGE PER TON BID PRICE 44Y4M144444444M44444 BY RAIL: 1,500 TONS TO PORT LAVACA 8_E---_-__-- 8_ 8 8 0 TONS TO POINT COMFORT 8 --'-- ------ -------- BY TRUCK: 0 TONS TO PORT LAVACA 8 ________ 8 -- 8--- ---- 8 8 1,500 TONS TO SIX MILE 8-'-'-'-- -------- 0 TONS TO OLIVIA 8 E-------_ EE________ -------- E E E 8 _ 0 TONS TO PORT D'CONNOR 8- _-_ —_--_ y --- _--- E------- 8-_-_---_ 8 -_---- 0 TONS TO SEADRIFT 8 8 8 8 8 Thank you for your cooperation in including this additional item in your bid. Sincerely, Ben H. Comiskey, Jr. County Auditor 457 SPECIFICATIONS AND P FOR CALHOUN COUNTY ROAD MATERIAL £ALHINUICOUNTY WILL RECEIVE BIBS ON VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPONAT1OM SPEEIFI£a;TIam. THIS FORM IS DESIBRED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ON AND DISREGARD THE REST, THE PRICE PER TON FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOUN COUNTY ACCEPTING TRANSPORTATION QUOTATION. IT IS I MPORTANT THAT THE COMPUTATIONS FOR TOTAL BID PRICE BE COMPLETED AS FOLLOWS: FOB SHIPPING POINE TOTAL BID PRICE = UNIT PRICE PER TON I TONS PER DESTINATION FOB DESTINATIOM TOTAL BID PRICE = (FREIGHT CHARGE r UNIT PRICE PER TON (FOR MATERIAL ONLY)) I TONS PER DESTINATION DO NOT INCLUDE FREIGHT CHANGES WITH UNIT PRICE PEP. TON, THESE CHARGES MUST BE 010 SEPARATELY. THE PERIOD OF THIS CONTRACT WILL BE JANUARY 1, 1990 TO DECEMBER 31, 1990. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF ORDER. ITEM 249, TYPE B iFLEIIBLE PPDCESSEB BASE), SUN 3; (NIM F0 WB • • FOR SHIPPING POINT FOR DESTINATION ...,.......................... ..........,,,,, TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL ""^•`••"'•"•"" PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 2,000 TONS TO PORT LAVACA i f ! _. 1,24U TONS TO POINT COMFORT f f f f = `_____ f ----------- • BY TRUCK- 1.000 TONS TO PORT LAVACA STOCKPILE f3,50_ f3�500,00 f__ 3,9_Q f. f__J_,4.Q9.00 1,000 TORS TO SIX MILE STOCKPILE f3,5_0__ 1_3..5_QOAO f_,QQ ___ _g f__3,3Q___ f__2+42Q,S)0 1,200 TONS TO OLIVIA STOCKPILE f____S�5S1_ f-_4 20.00 6__5,25___ f___3..SQ__ f_U.AQD.00 400 TONS TO PORT O'CONNOR STOCKPILE f ----------- f ----------- f ----------- f ----------- f----------- 1,200 TONS TO SEADRIFT STOCKPILE f____S,SQ_ f__�k.20-00 f__4.20__ 6___1.512__ • ITEM 244, TYPE A (LIMESTONE), 6R4OE 3 -------------------------- FOB SHIPPING POINT FOR DESTINATION TUNS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL., 1.000 TONS TO PORT LAVACA f ---- f_---------- f-__---__--- f--_-------- f--_-------- 500 TONS TO POINT COMFORT 1------ ----------- f__--------- f_--__----- f____------- f_-------_-- 0 TONS TO GREEN LAKE f_____----- f___-------- f__--------- f_---------- f BY TRUCK: 1,000 TONS TO PORT LAVACA STOCKPILE f 1. 70 _ f_ 1, 700;00 f 12. QQ f 1.70 f I.3,700_ 00 0 TONS tO SIX MILE STOCKPILE � f f f _ f f_ 500 TONS TO OLIVIA STOCKPILE f 1,7Q_ f---- 850,,00 _ f---- 12,,OQ f__ _1-70_ f 6,850.00 0 TONS TO PORT O'CONNOR STOCKPILE f ------ - - f f f 0 TONS TO SEADRIFT STOCKPILE f ----------- f___-------- - -- f__------_-- f___--__-'-- f----------- ITEM 302, TYPE A (PEA GRAVEL - 318.1, GRADE 4 -------------------------------------------------------------------------------------- • FOB SHIPPING POINT FOR DESTINATION N!4\N,\4,i4N,4444,4„ww4i, ,\!„h!„4\„M1ry„4„14n,441,44\,44\,4 \hry,4 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 500 TONS TO PORT LAVACA f----------- f------'---- f 0 TONS TO POIN1 COMFORT f ---------- 1,509 TONS TO GREEN LAKEf___--_--_-- f f___-------- f__------_-- BY TRUCK: 500 TONS TO PORT LAVACA STOCKPILE f 5,60 f2�SOQ,00 f___5�44 0 TONS TO 911 MILE STOCKPILE f f_________ f f f 0 TONS TO OLIVIA STOCKPILE f___--_-'--- _ i_-____----- _ f__--------- f__---_----- - f_---------- 0 TONS TO PORT O'CONNOR STOCKPILE f i_________________ 1,500 TONS TO SEADRIFT STOCKPILE f___ 5, 6g - f... $}yAQ, 00 f___ j,�0 f____.Z�j i15.ORQ.-00 ITEM 304, TYPE PE ITOPPIN6 ROCK), GRADE 4 --------------------------------------------- 444 M1M1 M M14444M1 M144M1 M14M M1444a444\\M14a\4M14VM144a44444M1M1,a44M14M1M1M14VM1M144M1M1M1444444M1 M1M144444ryM1M1yhM1M1 444M1444\444M1 M1444444 M1LI44M1444M1444M1LM14M1M1M144a FDB SHIPPING POINT FOB DESTINATION •TONS PER DESTINATION 44444 M ryaHrya ryry 4ry4441ryry4\Lry4Y UNIT PRICE TOTAL LLL,VLLLwryY rya444 y4ry444a44+ryY444M1H n4Y44, ry• FREIGHT UNIT PRICE TOTAL """""%%... PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 3,200 TONS TO PORT LAVACA f f----------- f----------- 1,500 TONS TO POINT COMFORT ff___________ - f___________ f___________ f__________ 29500 TORS 10 GREEN LAKE f__--------- f f_ ----------- --------- f --------- f___-_------ 459 ITEM 304, TYPE PE 1TOPPING ROCK), GRADE 4 w 4LaaaV44a\\444\L\\Lw449M1V\M1Vw441\V\\w4444\\\M11M1 44 NwVs44144\\V444\\\414I4h4w444M1 44wwww 4L4Vhww 4L4111au44L \\L wa44LK ii\V4w�4Li\\aw w4 FOB SHIPPING POINT FOR DESTINATION a w444L44aa4M 444a \4M14444M1\444 4L H 44 a44444444 \444444L h4a 444V44h44\44\444 TONS PEP. DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL """""""`.. ft" PER TON DID PRICE CHARGE PER TON BID PRICE BY TRUCK: 2,000 TONS TO PORT LAVACA STOCKPILE fffff___________ 1,200 TONS TO SIX MILE STOCKPILE fffff__________ 1.500 TONS TO OLIVIA STOCKPILE f f f f f 0 TONS TO PORT O'CONNOR STOCKPILE f f f f f 2,500 TONS TO SEADRIFT STOCKPILE f___________ f___________ f___________ f___________ f___________ ITEM 350, TYPE D )HOT MIX -COLD LAID ASPHALTIC CONCRETE PAVEMENT) \iiiw444 ii41wwi4iiiww w41i1iwYw N4L4iww444f iiiwi4i44i4M1444444i ihwiw44411iwwiiiY4wii N44iiiiwww1444444wwii 444iiwi Mii4i\4w4444iii414i FOB SHIPPING POINT 4 wwww w44\liwwwiM1L \iwwww44iiwV FOB DESTINATION 4a www44\4i\www ww 4\\4Ywwww4wii\\\www4444\ww TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: GOO TONS TO PORT LAVACA f ----------- f ----------- f ---------- f ----------- f ---------- 200 TONS TO POINT COMFORT f ----------- f ----------- f ----------- f ----------- f ----------- 800 TONS TO GREEN LAKE t__-------- i__---_----- f_____------ f____------- f_---------- BY TRUCK: 400 TONS TO PORT LAVACA STOCKPILE f211aQQ_ f__8,OOO _00 f11,00 f_ 20,00__ f_T2,_4QD,00 400 TONS TO 511 MILE STOCKPILE 120_00 f_8,OOO_OO f__ 11_00 f_2O_ OO__ f 1400,00 2,� 200 TONS TO OLIVIA STOCKPILE f 20.00_ f__OOO_OO 4� f ....12,00 f _Z0,OO__ f _ 60,00 ,40 0 TONS TO PORT O'CONNOR STOCKPILE f ----------- f ----------- f ----------- f ----------- f----------- 800 TONS TO SEADR'IFT STOCKPILE f20,00_ f 16a00100 f12,OO f_ 2Q,OQ f_2�,6Q04OO ITEM 300, ASPHALTS, OILS, EMULSIONS: INC 30) H 4uww 4ww4wuwwww4w4N 4ww nuw4 w44h wn444444ww4444\uM1 wuu w4uLw 4\nww4144w w444wu 44 wwww4w4ww w4uw4Lww4w\\u4n\ww4444w44444\wwuw4w44w41wwuw44 FOB SHIPPING POINT FOB DESTINATION 444H44444444444444444N w4444 4444II44a44444444w4444444444w4444444444444 GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON BID PRICE CHARGE PER GALLON DID PRICE BY TF.UC:: 5,000 GALL0145 TO PORT LAVACA STOCKPILE f f f f f 4,000 GALLONS TO SIX MILE STOCKPILE f f f f f ---------------------- --------------------------------- 4,000 GALLONS TO OLIVIA STOCKPILE i f f f f ---------------------- ---------------------- ----------- 0 GALLONS TO PORT O'CDNNOR STOCKPILE f t f f t 6,000 GALLONS TO SEA➢RIFT STOCKPILE i f t f t ----------- ----------- --------------------------------- • • • • ITEM 300, ASPHALTS, OILS. EMULSIONS: (RC 250) ------------------------------------------------------------------------------------------- FOB SHIPPING POINT FOB DESTINATION GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK: 25,000 GALLONS TO PORT LAVACA STOCKPILE fff__ ____ f 30,000 GALLONS TO SIT RILE STOCKPILE f f -- f---_----- ----------- f----------- f f 25,000 GALLONS i0 OLIVNA STOCKPILE f f ------ ----------- ---------- f----------- f----------- f---------'- 18,000 GALLONS TO PORT O'CONNOR STOCKPILE f fff________ f ---------- 57,000 GALLONS TO SEADRIFT STOCKPILE f___________ GYFSUH - SPECIFICATIONS ATTACHED a4aM1µ.aM1M1N.M1.aaH.M1M1.aM1\MM14..aNM1M1\Na4a aM1K 4a M1M1a\aV44\4,4M1\.,\44\444M14\4aM144a M144M144\M144,M1\44\\,.\,4M144, M1M1 4M14\\M14.a4 M144a4Y,\M1Y.\ TONS PER DESTINATION BY RAIL: 100 TONS TO POINT COMFORT BY TRUCK- 100 TONS TO OLIVIA FOR SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f f ---------------------- f f --------------------- FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE PER TON f----------- f----------- f----------- f----------- f----------- f----------- DATE:-------------------- December_1l,_1989 — - - ------------------------------------- NANE OF BIDDER: ........... TERAS_ SQUTIiE12N,_ INti0a EQ RAT $D----------------------------------------------------------------- MAILING ADDRESS: P` 0,_ Box 2847 --- CITY, STATE, 21P CO➢E:---Vick.Qra�_TggaS---7_Z9Q2------------------------------------------------------ ------------- TELEP, AUIHDN • TITLE 461 HEN H. COMISKEY, JR., C.P.A. COUNTY AUDITORS CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN PORT LAVACA, TEXAS 77979 <ass,-aaa-n�so December 5, 1989 M!WM c Me TEXAS SOUTHERN, INC. P. 0. BOX 2847 VICTORIA, TX 77902 REt REQUESTS FOR BIDS ON ROAD MATERIAL Dear Bidder: The specifications for road materialsshouldbe changed to include the following: PIT RUN ROAD GRAVEL ,.,.titi,.,.,.ti,.,.ti,..,.ti,.,,titi,.titi..........................,.,...........,... �......,...................... TONS PER DESTINATION BY RAIL: FOB SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE 1,500 TONS TO PORT LAVACA f '_ f 0 TONS TO POINT COMFORT f_________ f 0 TONS TO GREEN LAKE f f BY TRUCK FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE f f f ---------------- f f f-------- ---------------- -------- f f f 0 TONS TO PORT LAVACA f $ f f f 1,500 TONS TO SIX MILE f-'?EE _- f 6 jEq'C�- f_ �Qp _ f OD_ f/0 35'Dspo 0 TONS TO OLIVIA f --------- f --------- f -------- f -------- f-------- 0 TONS TO PORT O'CONNOR f --------- f ---`----- f -------- f -------- f-------- 0 TONS TO SEADRIFT f f f f f Thank you for your cooperation in including this additional item in your bid. Sincerelyp Hen H. Auditory. Jr. '5�yy� %1--<0V71IL-.!/,4 County Auditor 462 • • C • • • SPECIFICATIONS AND PROPOSAL FOR CALHOUN COUNTY ROAD MATERIAL CALHlN9.ICOUNTY WILL RECEIVE BIDS ON VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SPECIFICATI6l5. THIS FORM IS DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ONAND DISREGARD THE REST. THE PRICE PER TON FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOUN COUNTY ACCEPTING TRANSPORTATION QUOTATION. IT PS IMPORTANT THAT THE COMPUTATIONS FOR TOTAL BID PRICE BE COMPLETED AS FOLLOWS: FOB SHIPPING PO1NI TOTAL BID PRICE = UNIT PRICE PER TON X TONS PER DESTINATION FOB DESTINATION TOTAL BID PRICE _ (FREIGHT CHARGE r UNIT PRICE PER TOR (FOR MATERIAL OHLY11 I TORS PER DESTINATION DO NOT INCLUDE FREIGHT CHARGES WITH UNIT PRICE PER TON THESE CHARGES MUST BE BID SEPARATELY. THE PERIOD OF THIS CONTRACT WILL BE JANUARY 1, 1990 TO DECEMBER 31, 1990. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF ORDER. --------'------------------------------------ --------'- ITEM 244, TYPE B (FLEXlBLE PROCESSED BASEl, 6BlL^F 3 4NiN PI &D ---------------------------- y\\Vy4M1M1M14444M1V4M1\44\LVV4M14h y4V4M144VM1hV444V M14y4hV\M1414hVy4hV V44Vy4VV4 V4M1VV\4hV4y4 KryV44y 4y V444 V444 M14VVyry\44V 1V44441M14ryVM1VVh4V Vy4 V44 FOB SHIPPING POINT FOR DESTINATION w V44\444444444V VwV 44VVK V4wh\ VV44w4V4ryV4h44V4444\444\4V \4V4444444444V44 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER ION BID PRICE CHARGE PER T014 BID PRICE BY RAIL: 2,000 TONS TO PORT LAVACA 5 f____-______ 1,200 TONS TO POINT COMFORT f__________- f f f------____ --'-------- 11800 TONS TO GREEN LAKE f ----------- f--'-------- ---------- f- f----------- ----------- --------- f ----------- f BY TRUCK: 1,000 TONS TO PORT LAVACA STOCKPILE f S f zi9 7 ___ f c7 f_(y� Q•OO 1,000 TONS TO SIX MILE STOCKPILE - -"---�---�" ___ 1,200 TONS TO OLlV1A STOCKPILE i_---------- s f_4.3�___ 400 TONS TO PORT O'CONNOR STOCKPILE 5 __________ _ i_ f_3. 7�___ 09, 00 1,200 TONS 10 SEADRIFT STOCKPILE f i----------- f_�,$3 f. 3. 7b__ ff Q�S,OO • ITEM 249, TYPE A (LIMESTONE), GRADE 3 M1 M1YYY4NVM1M1Vwh•\4Y\Yww\Y\www\\hM1www\\M1Yw YY\M1M1wwY Y44Yww4M1M1M1wwww4 N1M1M14M1M1Yw4 M1M1Yw\VY\\w w1V4N Vw4V4Y4ww\4V\4wM1M1\4hw4M1•4whww\\\hYw\4M1M1ww FOB SHIPPING POINT ............................. FOB DESTINATION .4,4./4w.4,...44.....ww,...,4..4,a4w.4.... TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL •`•••••"•••`•`•••" PER T0N DID PRICE CHARGE PER TON BID PRICE BY RAIL: 1,000 IONS TO PORT LAVACA f___-------- f____------- f----------- f----------- f_---------- 500 TONS TO POINT COMFORT f___________ f___________ f___________ f----------- ----------- ----------- ' BY TRUCK: 1,000 TONS TO PORT LAVACA STOCKPILE s___________ f___________ f_/1•_2,V__ s_L•�,£=___ s!_?pY,4Q,oa • 0 TONS TO SIX MILE STOCKPILE f _____ S _ f___________ f___________ 500 TONS TO OLIVIA STOCKPILE f_ ____ f___ _______ ffJ4Q]__ 0 TONS TO PORT O'CONNOR STOCKPILE f f___________ ___________ f___________ f___________ 0 TONS TO SEADRIFT STOCKPILE f f f-______ __ f___________ f___________ ITEM 302, TYPE A (PEA GRAVEL - 3IB'), GRADE 4 aaa444w aw4aawua4444wa u4 a\uww444\4wa 44/aw4w 44\u4 h44 as a4444aawsw 444aw4444uaww 441a\w•4aw.u.4•4,uaw444.M1w4.4/4444,M 4w 4w44a 4aw444a4 aa4a FOB SHIPPING POINT FOB DESTINATION 4 aawww Naw4w\44awa444 a\a444aa wY444aa44444w4w4aa4ww44\aawww\\aww444aawwu TONS PEP. DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL `•`••`••""`•••"`• PER TON DID PRICE CHARGE PER TON BID PRICE BY RAIL: 500 TONS TO PORT LAVACA fff----------- f___----_-- f_--------- 0 TONS TO POINT COMFORT f_-----__-_- f----------- f___________ f__---_-_--- 1,500 TONS TO BREEN LAKE f__--------- f_---------- f----------- f__-------- f____------- BY TRUCK: 500 TONS TO PORT LAVACA STOCKPILE fsf_2,_9]__ $_S 'O___ f_ Z Kdc 0 TONS TO SIX MILE STOCKPILE f_____------ fff------------ f___------__ 0 TONS TO OLIVIA STOCKPILE f____--__--- ff__--------- f_____-___-- f_____------ 0 TONS TO PORT O'CONNOR STOCKPILE f_ ff. f_ _ f___________ • 1,500 TONS TO SEADRIFT STOCKPILE ff___________ f__3,$_ fi„X-,_SO_ f /3S4R_5__OO ITEM 304, TYPE PE (TOPPING ROCK,), GRADE 4 44w444444u4wa44w44www4444w4w44444aw4w 444444w4w 444Yw 44444Ywwww44444w•w44444w w4444a\44w4444wYw44444 Y444444w44,4444ww4444444Yw4V4444w4 TONS PER DESTINATION BY RAIL: 3,200 IONS TO PORT LAVACA 1,500 TONS TO POINT COMFORT 2,500 TONS TO GREEN LAKE 464 FOR SHIPPING POINT w 44a4//a/a4/4///a/wa//44/a44w UNIT PRICE TOTAL PER TON BID PRICE f---------- f----------- f----------- 4----------- FOB DESTINATION w/.ua\w.4\\N \a w.•4.\M1w 4.w..\\\/4.w,\44Y,w FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE N^ sip X----------- f----------- f----------- I---------- f----------- f----------- �----------- f----------- f----------- • ITEM 304r iYPE,Pf IlOPPIN6 P,OCK1r GARDE 4 ----------------------------------------------------------------------- N\V44VN\V 4wwwwwV\\4V\\VVVV V4aw nn\\a\HaV Vwnw\nVV4aw,VaV\\4\4VVVnww saa\V\VVV\4V 1VVwawaa\1V\\\VNMwwwrywnash\V4\4VV4VVawaV aVVVVVVVV TONS PER DESTINATION FOB SNIPPING POINT FOR DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY TRUCK: No 8'4 I 2,000 TOILS TO PORT LAVACA STOCKPILE ff ----------- f----------_ f---------- f----------- 1,200 TONS TO SIX NILE STOCKPILE f__ _ - ff 1,500 TONS TO OLIVIA STOCKPILE f f -------------- _______ ___________ f f f 0 TONS TO PORT D'CONNOR STOCYPILE f f ----- --------------------------------- f----------- f----------- f----------- " 2,500 TONS i0 SEADR[FT STOCYPILE f___________ f___________ f_________-_ f f ---------------------------------------------------------------------------------------------------------------------------------- ITEN 350, TYPED (HOT NIX -COLD LAID ASPHALTIC CONCRETE PAVEMENT) h 44 M14M14„4,,,Nh4h 4,h44,4M14,\,,,4,h4h ryw,44h44,,,,44,w44h4w4yihw„%%....,4w4wwwwry4h,\4,4,4M1,4,444h%.%..........ww,\ry4,,,44,4,4 FOB SHIPPING POINT FOB DESTINATION , 4ry wwww4h4K ............ „...... 4,,,h,,,,,,44 wry. 44 ww... ryry„4h,,,w TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL • """""""""" PER TON BID PRICE CHARGE PEP. TON BID PRICE BY P.A1L: 800 TONS TO PORT LAVACA 200 TONS TO POINT COMFORT BQO TONS TO GREEN LAKE ---------- ----------- BY IRUCKa 400 TONS TO PORT LAVACA STOCKPILE f___________ f_______ f_/1c[Z�_ f_17.O1_ sjfA�.00 400 IONS TO SIX MILE STOCKPILE f f_______ ----_----- fl[, /oz_ fl_7 f�i AZ 00 200 TONS TO OL1VIp STOCKPILE ff f_f e�g'_- f__-S� Aa,_ v ju,p1-- f 0 TOMB TO PORT O'CONNOR STOCKPILE f _ f f E f__ 600 TONS TO SEADRIFT STOCKPILE f_____ f------------ _ _ f_71.I _ f_ I7.Ol -- f'ZJ/,igO?1 --'----------------------------------------------------------------------------------------------'^ ITEM 300, ASPHALTS, OILS, EMULSIONS: (MC 30) ------------------------------- ,wV„VL,M1,4,N,44\,4,,,h4,w4ry.,,\,4\,\,4,,,L ryhay444,h,,,\\,,,M,4ry4hw„44,\,IL„\4„ry4hry„4,,,,4,,,4.4ws,4ry4wry 4444,,,4M1N ryh 4ryry,hhryry FOB SHIPPING POINT FOB BESTINATIDN GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL ""`""""1 "... PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK; 5,000 GALLONS TO PORT LAVACA STOCKPILE f f • 4,000 GALLONS TO SIX MILE STOCKPILE f__----_---_ f 4,000 GALLONS t0 OLIYIA STOCKPILE ff___ - —_-__- f f f 0 GALLONS TO PORT Q'CONNOP, STOCKPILE f f___________ - ----------- ---==------ f f f ----------- 8,000 GALLONS TO SEA➢RIFT STOCKPILE ff___________ fff___________ 465 ITEM 300, ASPHALTS, OILS, EMULSIONS: (RC 250) GALLONS PER DESTINATION BY TRUCK.: 25,000 GALLONS TO PORT LAVACA STOCKPILE 30,000 GALLONS TO SIX MILE STOCKPILE 251000 GALLONS TD DLIVIA STDCKPILE I8,000 GALLONS TO PORT O'CONNOR STOCKPILE 57,000 GALLONS TO SEADRIFT STOCKPILE 6YPSUfl -SFE TI -CCfl FiS7 ATTACHE FOB SHIPPING POINT UNIT PRICE TOTAL PER GALLON BID PRICE f f ----------- ----------- f f f f ----------- ----------- f f ---------------------- S f ----------- ----------- FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER GALLON BID PRICE , 16 B► f f t f f -f -- ------------------------------ i f f f f - f ----------- --------------------- t f f ----------- ----------- ----------- FOB SHIPPING POINT FOB DESTINATION TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL .... -•••••••••••••• PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: No PER TON B f 100 TONS TO POINT COMFORT f----------- f----------- f----------- f----------- f___-------- BY TRUCK: 100 TONS TO OLIVIA t----------- f----------- f----------- f----------- (_---____--- DATE: I Z "' % I - 8 / ______ NAME OF BIDDER: _ l.. / _ MAILING ADDRESS: ---------------------------{��/O,kf�1^.QA G'-/V 5.8 ------------------------------------------------------------- CITY, STATE, ZIP CODE: ----------------------`liii --)!� / B�YE�s_1--!_-7- D------------__---------------------------- F TELEPHONE NUMBER: -------------------------- -r)__T_ • • • m • BEN H. COMISKEY, JR., C.P.A. COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE - 211 S. ANN PORT LAVACA, TEXAS 77979 <Ot®,-SJ -4619 December 5, 1989 A D D E N D U M TOi C. W. 3 A. P. 0. DRAWER 2058 VICTORIA, TX 77902 RE: REQUESTS FOR BIDS ON ROAD MATERIAL Dear Bidder: The specifications for road materials should be changed to include the following: • PIT RUN ROAD GRAVEL --------------------------------- YYYYYM1M1YYYYYYYYYYYYYYYYYYNY.YYYYYYYYYYYhYYYYYYYhYY1.YYYhYYYNYYYhYY1rYYYYYYYYMYYYYhYYMYYYYhY FOB SHIPPING POINT FOB DESTINATION Y4YhhYYhYYhYYYYYYhYhhhhhh NhYYYhYY4rYNYYYY YYYYY-Y-Y-YYY-Y UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL TONS PER DESTINATION PER TON BID PRICE CHARGE PER TON BID PRICE hYYYYYhhYYYYYhhYYYYh BY RAIL: 19500 TONS TO PORT LAVACA f_________ f-------- f- f f 0 TONS TO POINT COMFORT ff_ ------- f ---------------- f_____-__ f________ 0 TONS TO GREEN LAKE f$ f g g BY TRUCK: 0 TONS TO PORT LAVACA f_f_f f f 1,500 TONS TO SIX MILE S____-____ f_________ gZi 7_ g��r-4L- E2, Loo 0 TONS TO OLIVIA f f ------------------ f-------- -------- f$------- 0 TONS TO PORT O'CONNOR fff f f ------------------------ 0 TONS TO SEADRIFT ff - - - -- f -- - f f -------- -------- Thank you for your cooperation in including this additional item in your bid. • Sincerely, /� Ben H. Comiskey, Jr.� lJ_ County Auditor a SPECIFICATIONS AND PROPOSAL FOR CALHOUN COUNTY ROAD MATERIAL CALHGUN COUNTY WILL RECEIVE BIDS ON VARIOUS ROAD MATERIAL. ALL MATERIAL MUST MEET TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SPECIFICATIGHS. THIS FORM IS DESIGNED TO BE USED BY ALL BIDDERS, PLEASE COMPLETE ALL SECTIONS THAT YOU WISH TO BID ONAND DISREGARD THE REST. THE PRICE PER TON FOR MATERIAL SHOULD NOT BE CONTINGENT ON CALHOU14 COUNTY ACCEPTING TRANSPORTATION QUOTATION. IT IS IMPORTANT THAT THE COMPUTATIONS FOR TOTAL BID PRICE BE COMPLETED AS FOLLOWS: FOB SHIPPING POINI TOTAL RID PRICE = UNIT PRICE PER TON X TONS PER DESTINATION FOR DESTINATION TOTAL BID PRICE _ (FREIGHT CHANGE + UNIT PRICE PER TON 4FOR MATERIAL ONLY)) I TONS PER DESTINATION DO NOT INCLUDE FREIGHT CHARGES WITH UNIT PRICE PER TON, THESE CHARGES MUST BE BID SEPARATELY. THE PERIOD OF THIS CONTRACT WILL BE JANUARY 1, 1990 TO DECEMBER 31, 1990. DELIVERY PERIOD: WITHIN 4 DAYS AFTER PLACEMENT OF ORDER. ITEM 249, TYPE B :FLEXIBLE PROCESSES BASSI, SME 39 RH PD 611 TONS PER DESTINATION BY RAIL: 2,000 T014S TO PORT LAVACA 1,200 TONS TO POINT COMFORT 1,800 TONS TO GREEN LAKE BY TRUCK: FOR SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f f ---------- ---------- - f----------- f----------- f----------- f----------- FOB DESTINATION FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE f f f f---------- ---------- -----------i-------'---f------- --- f----------- f----------- f----------- 1,000 TONS TO PORT LAVACA STOCKPILE f----------- f----------- ----------- f----------- f___-------- 1,000 TONS TO SIX MILE STOCKPILE f----------- f----------- f----------- ----------- ---------- ----------- 400 TONS TO PORT O'CONNOR STOCKPILE f----------- f----------- f----------- ----------- ----------- ----------- ----------- n LJ • • m • ------------------------) -------------- ------------------------------ ITEM 244r TYPE A 1LIMESTONEIr GRADE 3 \.w,VV.,.w\V,wann44.VV.4w,\V nsnV.w.n\4.L,Vs.w,aV.Yw4,.,VwVV.Vn4\M1VV\.V4nh4.w,V..wryry.4 w4I.4n\ry.4hryV..V,..\Lry.VwnnVLww,\.4wsry\.ry wL wws FOB SHIPPING POINT FOB DESTINATION .\.\..N..w.V.4.V....M1..MVV. V4.VVM1.4V.4VVV..41\VV\Vry44V444 w\4.LV.\VVn, TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY RAIL: 1r000 TONS TO POET LAVACA ----------- f----------- f----------' f----------- 500 TONS TO POINT COMFORT 0 TORS TO GREEN LAKEf_____------ ----------- BY TRUCK: 1.000 TONS 70 PORT LAVACA STOCKPILE f Q.� f '�r� ---- ----- f-- f 'Z 0 TONS TO SIX MILE STOCKPILE --- -- f aOO ---- 500 TONS TO OLIVIA STOCKPILE _ f_ yV Jf 1 U� y� frj<<( � _ S f y21q 0 TONS TO PORT OSTOCKPILE ff__________- f___________ _z,� _ f � f_______--__ 0 TORS TO SEAORIFT FT STOCKPILE f f_________ __ f----------- ----------- f__________- f_________-_ ---------------------------------------------------------------------------------------------------------------------------------- I1EN 302r TYPE p {FEA GRAVEL - 3/B')r 6P.ADE 4 \M14,V.NM1\,.V4aVM1,4\..4.V..4\\44.VV4,4,.44aV\4,VV\M1a.VV4V\V.,\ryH4VV..wn\.w4..\...\..,.w4VV.,4,.44VV\,444..4\V,Vw,Iw.,,IVV,VV.4,nV♦ FOB SHIPPING POINT FOB DESTINATION • .....,......4.,......4..,.... 4.....44,.44a...4,a.n4„444.L,w..,4,,.,ww4 TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER TON BID PRICE CHARGE PER TON BID PRICE BY FAIL.- 500 TONS TO PORT LAVACA f----------- f----------- f----------- f----------- f----------- 0 TONS TO POINT COMFORT f f ----------- ----------- f----------- f----------- f----------- 1r500 TONS TO GREEN LAME ff----------- f----------- f----------- f----------- BY TRUCK: 500 TONS TO PORT LAVACA STOCKPILE fafODa f �U ' f 0 TONS TO SIX MILE STOCKPILE ff----------- f----------- __4D__ f f --`�------ 0 TONS TO OLIYIA STOCKPILE i f - f ----------- f f----------- f 0 10N5 TO PORT O'CONNOR STOCKPILE f f —---------- f f f Ir500 TORS TO SEADRIFT STOCKPILEf___------- f ___-- - --- f_____---_-- - f____------- f___-----_-- EM 304. TYPE PE ITOPPII{6 RUCK), GRADE 4 --------------------------------------------------------------------- KVV444444Va444w4V444V444V4444V.4w..4..4VV44444\\\4444444...%44...V4a4VV4 Va4444Va4V44VVV4aVV\444444V4444V444 V44444V4 V4V 444V444w4444 104S PER DESTINATION 4. • BY RAIL: 3r200 TONS TO PORT LAVACA 1r500 TONS TO POINT COMFORT 2ZOO TONS TO GREEN LAKE FOB SHIPPING POINT UNIT PRICE TOTAL PER TON BID PRICE f f ---------------------- f----------- S ----------- ----------- f----------- FOB DESTINATION 44 N 444444444\\44444w44444M1V44w444w4444V4w FREIGHT UNIT PRICE TOTAL CHARGE PER TON BID PRICE f----------- f---------- f----------- f----------- f----------- f----------- f----------- f----------- f----------- 0 C� ITEM 304, TYPE PE (TOPPING ROCK), GRADE 4 a w4, n 4,h 4aa 4 n wM1 .444��444 flLtERX� aM1\haw 444444\\awwunww444\\4 awa444a444444\\\hu\wua4w4w444,Y4\a\4Yww4w444\\\4YY\4wY4 \w44ww\44YaYh 4Y4w4 w4 \4YY4Y 3c y 1 `i P f FOB SHIPPING POINT , 44N 444Y\M1w,w\44444Ya\a ww444 aa4 anwn4, 4YY4,1a4ww4a FOB DESTINATION 444444\4Y H\Y,4,4444w TONS PER DESTINATION - UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL """"`444444 PER TON BID PRICE CHARGE PER TON BID PRICE BY TRUCK: 2,000 TONS TO PORT LAVACA STOCKPILE f_ D.�O {__ DO 0 f I1� $1O, f_U_'a00 1,200 TONS TO SIX MILE STOCKPILE f__j_D s 1 _ f_jJ,_ f_ to 1,500 TONS TO OLIVIA STOCKPILE f`Q f_I_SG�'V_ f_XlZ6_ f__jU__v s'3_ 000 0 TONS TO PORT O'CONNOR STOCKPILE s f f f f 2,500 TONS TO SEADRIFT STOCKPILE fj 0 Otibo f�,T'______ f r T j_j f0 fe7c� s-_T______, 1TE11 350, TYPE D .HOT MiX-CDLD LA1D ASPHALTIC -------------------------------------------------------------------- CDNCRETE PAVENEWTI • a awwM1 4444\uaww44444a4u444444 YY4YY44444,Y\4au ww4444,Yw4wwww44a 44\1Y\4w44444YYYYI444Y4\44\YYwww44w444YY4Yw 4,444Y4Y4YY4,44\44\\\YYYww4 Fib SHIPPING POINT 44444.,4.ww44,44.4...w.4a.444 FOB DESTINATION 4w44,444a,.w»44„4.4wwwww4w,.4,44..www4,w TONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL """•" PER TON BID PRICE CHARGE PER TON DID PRICE BY RAIL: B00 TONS TO PORT LAVACA f ----------- f ----------- s ----------- s ----------- f ----------- - 200 TONS TO POINT COMFORT s ----------- f ----------- s ---------- f ----------- s ----------- 800 TUNS TO GREEN LAKE $ s s f f BY TRUCK. 400 TONS TO PORT LAVACA STOCKPILE f_����IS s_ C+rIJ�`� fII_ fIL_�� s 1 I /0O 400 TONS TO SIX NILE STOCKPILE fj1z _�Y f_L s_JI °o 1_Jf,7_�__ _Il 200 TONS TO OLIVIA STOCKPILE �QL� 0 TONS TO PORT O'CONNOR STOCKPILE f_ f f i s__________ 800 TONS TO SEADRIFT STOCKPILE _ _ _ ITEM 300, ASPHALTS, OILS, EMULSIDNS: iMC 30) w ww4w4w 4aw4 a4444awa4444w4wM1awa 444\4www 444\44ww4444\44444444\\4aaw44\N44IaM1n44h44a444444aYa4w44444w444444w\a444444waa 4w\444Y4444444 FOB SHIPPING POINT FOB DESTINATION • GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL •"""""`•""`•'••` PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK.: 5,000 GALLONS TO PORT LAVACA STOCKPILE s___________ s___________ 4,000 GALLONS TO SIX MILE STOCKPILE s----------- s----------- 4,000 GALLONS TO OLIVIA STOCKPILE ----------- f----------- ----------- s----------- s_____------ 0 GALLONS TO PORT O'CONNOR STOCKPILE ff___________ f___________ f---------------------- s_________ _ 470 11 • • ITEM 300, ASPHALTS, OILS, EMULSIONS: (RC 250)-------------------------------------------------------------- M1M1\µ{{44 µµ µwM1M14KYµ 44 µ 444 YM1M1 µhM1µ w44\L4ry4 Y4 hYµ µhV M1K4µ \hY M1444n\ µ µ4µ 44ry4µ µM1444 M14 µ wn{ µ4VM14 µwµ4K hµwµ M1 \ M1n µ14µ ryM1 FOB SHIPPING POINT FOB DESTINATION VL\4µ\41{\{\VV{V\K{\M1K V4\\ V414{µ44\Kµ44K µ444µ V{{\{V44µ 444ry4V4 GALLONS PER DESTINATION UNIT PRICE TOTAL FREIGHT UNIT PRICE TOTAL PER GALLON BID PRICE CHARGE PER GALLON BID PRICE BY TRUCK: 25,000 GALLONS TO PORT LAVACA STOCKPILE fff_____-___-- f--__--_---- f--,_--_--_- 30,000 GALLONS TO SIX MILE STOCKPILEf__________ f___________ f___________ 25,000 GALLONS TO OLIVIA STOCKPILE f f f ----------- ------- --------- f----------- f----------- 7, 004 GALLONS TO PORT FT STOCKPILE STOCKPILE fff___________ f___________ f___________ 57,400 6ALLOkS TO SEAOP.IFT STOCKPILE f f____ f f___________ f___________ --------------------------------------------------------------------------------------------------- 6YPSUN -SPECIFICATIONS ATTACHED V Vµ4µ µ4 V\ Vµ1M144 V 4 V V 4 V{{µµ V Vµµwµ•. w444 µ 444µ Yn4 V µ4 V 444 V \444 µ44µ 444Y 4\44Yµ 44K 44Y\L µ4444 V 4µµ\µ4Yµ h14µ V\µ V V V µ44µ TONS PER DESTINATION 4VKK\H444 K44V V\4 BY RAIL: t00 TONS TO POINT COMFORT BY TRUM: 100 TONS TO OLIVIA FOB SHIPPING POINT 4V44\µ M1Vµ4µ\4V VM4µ\K4V V UNIT PRICE TOTAL PER TON BID PRICE f----------- f----------- FOB DESTINATION µ µµ44{444 µµ44wµ 44 µ 44K 4444Vµµµ44 FREI6HT UNIT PRICE TOTAL CHARGE - PER TON BID PRICE PER TON f----------- f----------- f----------- f----------- f----------- f----------- f---------- f----------- I------------------------------------------------- MAHE OF BIDDER: S i m I A Z -------------- ----------------------------------------------------------------------------------------------------- MAILING ADDRES5:____'i CITY, STATE, ZIP CODE: rY Ew___��►�va FF, � LJ!��L - - 13'J q ------------------------------------------- TELEPHONE NUMBER:___ -'5Y'i__O -- l �a ------------------------------------------------------------------------------------------ AUTHORIZED SIGNATURE! I - I-- C it tir 471 CITY OF PORT LAVACA - MASTER DRAINAGE PLAN Motion by Commissioner Smith, seconded by Commissioner Belk, and carried, that the County adopt the Master Drainage Plan for the City of Port Lavaca. Commissioner Smith and Commissioner Belk withdrew their motion and second. • MATAGORDA ISLAND Joe Hawes asked the Court to try to do something about the thousands of acres of land being bought by the Federal Govern- ment, specifically, Matagorda Island, which no longer be ac- cessible to the public if the Government chooses to stop the public. He said the Island will be designated as a Federal Game Refuge. He told the Court there are already several tracts in Calhoun County which the Government owns and asked the Court to con- tact their legislators and try to get something done to stop any further purchasing of land in Calhoun County by the Govern- ment. Commissioner Hahn is going to work with Mr. Hawes to see what can be done. BIDS AND PROPOSALS - FUEL Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County Auditor be authorized to advertise for bids for fuel with bid opening set for December 28th. SURPLUS PROPERTY - PRECINCT NO. 3 Motion by Commissioner Smith, seconded by Commissioner Hahn,and carried, that a truck and hydraulic dump trailor be declared surplus property and authorized the County Auditor to advertise for bids. COUNTY TREASURER'S MONTHLY REPORT • The County Treasurer presented her monthly report and after reading and verifying same, a motion was made by Commissioner Mikula, • seconded by Commissioner Hahn, and carried, that said report be approved. .4'72 TAXES, GENERALLY - FREEPORT EXEMPTION,RESOLUTION Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the following Resolution be passed: • RESOLUTION STATE OF TEXAS § COUNTY OF CALHOUN § WHEREAS, the voters of Texas approved proposition 5 (Senate Joint Rsolution 11) which grants an exemption from taxes on goods, wares merchandise and ores acquired in or imported into the state for the purpose of assembling, storing, or manufacturing and shipped out of state within 175 days; and WHEREAS, this amendment could cause a significant loss in ad valorem tax revenue for our county -- revenue that would have to be made up by other county property taxpayers. NOW, THEREFORE, BE IT RESOLVED BY the Commissioners Court of Calhoun County, Texas that the County will not recognize the freeport exemptions stated in Article VIII, 1-j of the Texas Constitution and 11.251 of the the Texas Property Tax Code or any successors to those provisions. Calhoun County will continue taxing personal property without regard to those provisions. •Passed and approved by the Calhoun County Commissioners Court on December 11, 1989. ATTEST: Mary L is McMahan, County C TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT The Tax Assessor -Collector presented her monthly report and after reading and verifying same, a motion was made by Commissioner Smith, • seconded by Commissioner Belk, and carried, that said report be approved. G 4,73 ACCOUNTS ALLOWED - COUNTY Claims totalling $314,666.64 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Smith, and carried, that said claims be approved. Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the following purchases be declared an emergency • and paid out of the contingency fund: LJB Processing $1071.98 Jurors 1362.00 Ct. Appt.Attorneys 1379.45 ACCOUNTS ALLOWED - HOSPITAL Claims totalling $166,866.73 were presented by the Co. Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Smith, and carried, that said claims be approved. THE COURT RECESSED -,UNTIL FRIDAY, DEC. 15TH, 10:00 A. M. DECEMBER 15, 1989, 10:00 A. M. ALL MEMBERS PRESENT is CITY OF PORT LAVACA MASTER DRAINAGE PLAN Motion by Commissioner Hahn., seconded by Commissioner Mikula, and carried, that the County adopt the City of Port Lavaca Master Drainage Plan. GOLDEN CRESCENT REGIONAL PLANNING COMMISSION - MHMR Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that Russell Cain be appointed to the Gulf Bend Center MH-MR. MATAGORDA ISLAND Brent Geizentanner, Manager of Aransas Wildlife -Refuge, presented the following statement to the Court concerning management of • Matagorda 1[sland: 474 ',.\ United States Department of the Interior ILi� • of ^ ' ti ARANSAS NATIONAL WILDLIFE REFUGE 4 P.O. BOX 100 AUSTWELL, TEXAS 77950 12/15/89 INFORMATION PRESENTED TO CALHOUN COUNTY COMMISSIONERS' COURT 12/15/89 --- FWS/TP&W/GLO Cooperative Management Planning for Matagorda Island. Presented by J. Brent Giezentanner, Refuge Manager,, Aransas N.W.R., P.O.Box 100, Austwell, Texas 77950. (512) 286-3559/3533. On October 27, 1989, U.S. Fish & Wildlife Service (FWS) Region 2 Regional Director Michael Spear met with Charles Nash, Chairman, Texas Parks and Wildlife Commission; Dickie Travis, Director, and Andy Sansom of the Texas Parks and Wildlife Department (TP&W); Spencer Reid, Deputy Commissioner, and Terry Blankenship of the Texas General Land Office (GLO); and FWS Assistant Regional Director Joe Mazzoni to discuss development of a cooperative management agreement for Matagorda Island. This meeting was held because of interest expressed by Governor Clements in having Texas take a strong role in the management of the FWS's newly acquired Wynne properties on the southern 1/4 of the island, and because of Congress' requirement that these properties be managed by the FWS . as a National Wildlife Refuge, the purpose for which the lands were acquired. The agreements between the agencies reached in the 10/27/89 meeting are detailed in the 10/30/89 letter (Attachment 1) from RD Spear (signed by Acting RD Earnest) to Chairman Nash and GLO Commissioner Gary Mauro. Although your copy lacks signatures of Nash and Mauro, I have been advised that both agencies have signed the letter as written. The specific..items in the agreement were further approved in a November 1, 1989 meeting between Secretary of Interior Manuel Lujan, Governor Clements, and RD Spear in Austin, Texas. As you can see in Attachment 1 several events were triggered as a result of the agreement, and some things as discussed below are already moving forward. Three teams have been formed to begin work on the various phases of developing and implementing a cooperative management plan for the island. These are: 1. COMPREHENSIVE MANAGEMENT PLAN CMP). This team, composed of FWS, TP&W, and GLO planners and managers, will develop a comprehensive management plan for operation of the whole island as a single cohesive unit as the Matagorda Island National Wildlife Refuge. The plan will be guided by the rules, authorities and compatibility requirements of the National Wildlife Refuge System. A tentative schedule for development of the plan, public input and review, and approval is appended as Attachment 2. I serve as one of two FWS members of this team. We held our first planning meeting on December 4-8, 1989 and some basic objectives were defined • for agency review. The planning team's draft plan (CMP) should be available for public review this spring with a public meeting planned for April, probably in Victoria. The plan basically divides management of the island along -4/5 • functional lines rather than along ownership boundaries. It will detail the wildlife and habitat management strategies and the public uses that will be accommodated and the facilities necessary to support these uses. 2. REVISED MEMORANDUM OF AGREEMENT MOA). This group, comprised of representatives of the same three agencies, but at a higher level, is meeting today (12/15/89) in Albuquerque to develop a new MOA between the Department of Interior and Texas which will define the cooperative management senario and the roles the different agencies will play in implementing the management plans. 3. ENVIRONMENTAL ASSESSMENT EA NEPA REQUIREMENT. FWS will • provide the primary authorship for this document. Input will be provided as needed by the other two agencies. This assessment will discuss several different management scenarios. In the interim, between today and approval of the new MOA and CMP the island will continue to be managed based on the current management plans of the FWS and TP&W, ie: 1. Texas Parks and Wildlife Department will continue to manage the northern 3/4 of the island as the Matagorda Island State Park and Wildlife Management Area, a Unit of the National Wildlife Refuge System, in accordance with the current (term has been extended pending renewal) 5-year plan until the new plan currently under revision is approved. TP&W -is completing the final revision of the new 5-year plan and they are currently planning on presenting it to their Commission for approval in January, 1990. If this new 5-year plan is approved it will remain in force until the new MOA and CMP supercede it. Although we are optimistic 'that the new MOA and CMP will be approved by Texas and Congress by next fiscal year"(10-1-90), there is always the chance that the approval process may be delayed. Therefore, renewal of the 5-year plan is essential to cover the interim period, however long it may be. 2. The FWS will continue 'to manage the southernmost'11,502 acres of the island as the Matagorda' Island' Unit of Aransas • National Wildlife Refuge until superceded by the new MOA and CMP. The goals, strategies, and public use philosophies developed by TP&W for the new 5-year plan were discussed by the CMP team and it appears likely that many of these objectives will be incorporated in some fashion in the CMP. I have heard many recent rumors about what is going on and being planned for management of the island. I know some citizens have expressed fears about the future of the island and particularly about the public uses that would be allowed or prohibited. These fears have been expressed in the papers;" in meetings such as the Chamber of Commerce meeting in Port O'Connor, and in this Commissioner's Court. Its a common topic of conversation in coffee • shops, etc. Most of this talk has been purely conjecture and speculation, and that's how problems and misinformation get started. As a member of the planning team, and as a citizen of Calhoun County, I am alarmed about the misinformation and fears I hear. I'm in a fairly good position to know what is actually being proposed since I'm on the team that's proposing it. Although I cannot yet give you all the details on the CMP since our planning team's input has not yet been reviewed by our respective agencies, I can hopefully put some of the rumors to rest. I am not aware of any current proposal to restrict access to or prohibit fishing, shrimping, crabbing, oystering or other similar activities in the bays around Matagorda Island. There are no proposals that I am aware of to prohibit fishing in the marshes of Matagorda Island. I am not aware of any proposal to lock up the beach and prevent non -motorized public access. Furthermore, it seems likely that the state-owned marshes within Matagorda Island that are so important to a viable bay fishery will remain open for compatible public uses. We recognize as a planning team and as public agency representatives that Matagorda Island is a publicly -owned resource and should be available for the public to use and enjoy in some fashion. We also recognize our responsibility to develop a plan that will protect .the island's fragile ecology so that natural resources are protected and future generations will be able to enjoy the island too. Discussions by the team so far indicate that • total public use of and access to the island is likely to increase under the cooperative CMP, although the structure and types of that public use may differ somewhat from the old 5-year plan of TP&W. I can assure you that there is NO plan to lock up the island --- in fact the agreement detailed in the 10/30/89 letter guarantees that public use will be allowed. I am asking you, the Calhoun County Commissioners, and the citizens of Calhoun County to please keep an open mind and not be unduly alarmed by rumors you may hear about the future of Matagorda Island. The island is truly a. treasure, both locally and nationally. It's future is dependent upon all parties forming and expressing their opinions based on fact, not speculation and rumor. I will keep you informed as well as I can about the plan development. I assure you that you and the citizens of Calhoun County will have an opportunity to provide input during the development of the CMP. At this time I would like to digress for a moment and make the following comments. As not only the Refuge Manager of Aransas NWR, but also as a citizen of Calhoun County, I am sometimes surprised at the fact that some members of the community view the Aransas Refuge and Matagorda Island as adversaries instead of allies. As you know, a common misconception is that the county has lost revenue because the FWS has taken the refuge lands off of the tax roles. The truth is that although the land is technically off the • tax roles, the FWS makes "in lieu of taxes " payments many times in excess of what the former landowners would have paid in taxes. C� Even though these payments are substantial, they are miniscule when compared to the potential that Aransas and Matagorda Island offer to promote the development of tourism in Calhoun County. Aransas County has recognized this and developed an industry around the refuge and related visitor activities. Curent estimates are that Aransas NWR generates some $ 5-6 million annually in their local economy. This is a clean industry. I see the same potential in Calhoun County for the development of tourism using the island and refuge as focal points. Matagorda Island is truly unique. The experiences available there cannot be found anywhere else, and many people will pay a lot of money to have those experiences. The unique character of Matagorda is largely due to its rustic, remote • and wild charm, and the presence of unique wildlife such as the whooping cranes, peregrine falcons, brown pelicans, reddish egrets, and the thousands of songbirds, shorebirds, and waterfowl that funnel through the area during migration. Other areas such as High Island, Texas, and Hawk Mountain, Pennsylvania have developed whole industries around these wildlife events. Calhoun County should be able to do so as well if we can find folks -who are. flexible enough to shift their thinking away from the more traditional kinds of economic development. In closing, on behalf of the FWS, and the planning team, thank you for letting me present this information to you. Hopefully it will reduce some of the fears about the future of the island and squelch some of the inaccurate information that is going around the coffee shops in the county. We look forward to your comments on the plan. In the meantime, please call me if you have any questions or you hear rumors -that cause you concern. I look forward to the opportunities that I see offered by the new MOA and the CMP to develop a new partnership between the island, the refuge, and the counties in which we reside. Submitted 12/15/89 by: ,� Brent Giezentanner • Refuge Manager Aransas National Wildlife Refuge im United States Department of the Interior ,.ate •�.•� :•. t. • FISH AND WILDLIFE SERVICE ° POST OFFICE BOX 1306 ALBUQUERQUE, N.M. 87103 OCT 3 0 1989 In Reply Refer To: Region 2/ARW Mr. Charles Nash Chairman, Texas Parks and Wildlife Commission 4200 Smith School Road Austin, Texas 78744 Mr. Gary Mauro Executive Director Texas General Land Office Stephen F. Austin State Office Building Austin, Texas 78701 Gentlemen: ■ rii� TAIO:Mi� � This letter confirms our October 27, 1989, discussion in Austin, Texas, relative to future management of Matagorda Island. Involved in those discussions in addition to myself, were Charles Nash, Chairman, of the Texas Parks and Wildlife Commission; Dickie Travis and Andy Sansom of the Texas Parks and Wildlife Department; Spencer Reid and Terry Blankenship of the Texas General Land Office; and Joe Mazzoni of this office. We agreed that it would be in our mutual interest to pursue a cooperative management arrangement on the entire island. To that end, we further agreed conceptually with the following planning assumptions and guidelines. 1. Matagorda Island, in its entirety, is a unit of the National Wildlife Refuge System, and its management is, therefore, subject to the laws, rules, and regul ati ons _that that implies. 2. Management of the entire island will be through a formalized partnership between the Fish and Wildlife Service, the Texas Parks and Wildlife Department, and the Texas General Land Office. This island -wide cooperative management arrangement will be authorized and formalized through an amendment to the existing memorandum of agreement (MOA) between these three agencies on management of the north portion of the island. Management will be in accordance with an agreed upon, jointly prepared management plan for the entire island. The Fish and Wildlife Service will have responsibility for preparation of the plan. 5. The partnership arrangement to implement the plan will be based on a . division of functional roles and responsibilities as follows: • 2 Mr. Charles Nash and Mr. Gary Mauro A. Fish and Wildlife Service will have lead responsibility for wildlife and habitat management. B. Texas Parks and Wildlife Department will have lead responsibility for public use management, except that Fish and Wildlife Service will have responsibility for administration of use of the Wynne lodge and associated facilities. 6. The State-owned ocean beach area on the south end of the island, • presently excluded from the existing MOA, will be added to the National Wildlife Refuge System and made a part of the amended MCA. 7. Fish and Wildlife will have the responsibility for preparation of a jointly prepared annual work plan and an annual report of activities for the management of the island. 8. A planning team involving representatives of all three -agencies will be formed to prepare a draft conceptual management plan and draft amended MOA for public review by March l990. Joe Mazzoni will be responsible for the preparation of the draft conceptual plan and amended MOA. He will contact Andy Sansom and Spencer Reid within the next several days to, arrange participation by their respective agencies and to set up a schedule for completion of necessary tasks. We request your concurrence below, and ask that you return a signed copy for our files. If there are wording problems, please call Joe directly at 505- 766-1829 so we can resolve them quickly and move ahead with our schedule. We look forward to a rapid formulation of a mutually acceptable cooperative management relationship on Matagorda Island. S. rel � I Regional Director • Concur: Date: Texas Parks and Wildlife Department Concur: Date: Texas General Land Of ice in l� u • 0 Schedule Matagorda Island NWR Planning Process November 17, 1989 NOVEMBER DECEMBER JANUARY Team assignments First Team Meeting Dec.4 Agencies review, approve management strategy Initial organization Draft MOA Redraft management strategy Decide if need second with recreation team meeting Draft discussion Draft "Objective Documen- Finish EA, rest of paper --management tation Records" plan strategy Start EA FEBRUARY MARCH APRIL Second team meeting, Invitation (with drafts) to Conduct meeting if necessary public Rewrite plan, EA Organize public meeting Rewrite plan and EA as needed as needed based on PI Distribute EA and Plan and EA final by plan for approval to mid -April go public MAY JUNE Plan and EA reviewed Plan and EA available to and signed Congress ' 01 After Mr. Geizentanner finished his presentation the following questions were raised: (1) Why is the public meeting going to be held in Victoria instead of Port Lavaca? A. It could be held in Port Lavaca. (2) Why wasn't Calhoun County invited to participate in the planning stages from the very beginning? A. Calhoun County does not own property on Matagorda Island. (3) Why are you moving so fast? A. To meet congressional deadlines. (4) Is any planning being done for better access to the Island in the 5 year plan? A. No, but have talked about ways to accomodate the people after they get to the Island. (5) What is the purpose of the 1,000 ft. buffer zone? A. To prohibit incompatible activities. BIDS AND PROPOSALS - CONTRACTS AND AGREEMENTS, CONSTRUCTION OF NEW LIBRARY Judge Hernandez announced to everyone present that Edna Lumber Company had been given notice that the Library Building Committee had recommended the 2nd low bid of Rexco, Inc. be accepted to construct a new library. Bob Houston, Attorney, representing Edna Lumber Company, told the Court that different statutes cover items and construction projects. Mr: Houston said the statutes covering construction projects must go to the lowest and most responsible bidder. Mr. Houston said as far as being responsible Edna Lumber Company has been in business for forty (4) years; is family owned; is licensed to to business in Louisiana; has nineteen (19) permanent employees; is financially secure; has recommendation from bonding company; has no lawsuits filed against them; no liens filed against them; no adverse claims to the bonding company. A question was raised as to whether Edna Lumber Company's bid met the specifications since all sub -contractors were not sub- mitted at the time the bid was submitted. Motion by Commissioner Mikula that the Commissioners' Court authorize Reitzer, Cruz, Architects, Inc. to prepare a contract in the amount of $724,591.00 between Calhoun County and Rexco,Inc. for the construction of a new Calhoun County Library, subject to the bid of Rexco, Inc. being in complete compliance of the bid specifications, and being the best and most responsible.bid for the taxpayers of Calhoun County. Motion died for lack of a second. • r 1 L • in A motion was also made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that Reitzer-Cruz, Architects, Inc. prepare a construction contract for a new Calhoun County Library and submit it to the Court on December 28th. ACCOUNTS ALLOWED - COUNTY • Claims totalling $252,380.58 and $68.50, for a total of $252,449.08 were presented to the Court and after reading and verifying said claims, a motion was made by Commissioner Hahn, seconded.by Commissioner Belk, and carried, that said claims be approved. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $179,180.41 were presented by the County Auditor, and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Hahn, and carried,.that said claims be approved for payment. BIDS AND -PROPOSALS - CARS, SHERIFF • Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the bid of Main -Ford Mercury in the amount of $41,575.00 and the car with Lic.#514745 be kept for the Pro- bation Department. • BIDS AND PROPOSALS - INDIGENT DRUGS Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the bid of Jerry's Pharmacy be accepted. BIDS AND PROPOSALS - INSECTICIDES Motion by Commissioner Hahn, seconded by Commissioner Belk, and carried, that the bid of B & G Co. be accepted for malathion at $16.83 per gallon and the bid of Public Health be accepted for the resmetherin at $47.50 per gallon. BIDS AND PROPOSALS - VARIOUS PIPE Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the bid of Wilson Culverts, Inc. be accepted for metal pipe and the bid of Hancor, Inc, be accepted .for plastic pipe. EE BIDS AND PROPOSALS - ROAD MATERIAL: Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the following bids be accepted for road material: Processed Base, Type B Port Lavaca -Six Mile Seadrift Port O'Connor Olivia CW&A n Limestone, Type A, Grade 3 Port Lavaca Diaz Olivia Sanchez 6.73 6..73 7.29 9.02 8.15 9.35 9.50 Pit Gravel Six Mile CW&A 6,53 Pea Gravel, Grade 4 Port Lavaca Diaz 5.80 Seadrift CW&A 9.03 Topping Rock, Grade 4, PE Port Lavaca Whites Mines by rail 24.35 Six Mile by trk 29.18 Seadrift " by trk 29.96 Olivia " by trk 29.18 Pt:. Comfort !' by rail•.23.99 Green Lake " by rail 20:97 Port Lavaca- " by trk ' 28.79 Hot Mix, Cold Lay Port Lavaca Diaz 27.75 Six Mile " 27.75 Seadrift " 27.75 Olivia Sanchez 28.25 Asphalt, Oil, Emulsions, MC30 Port Lavaca Wright Asphalt Six Mile Seadrift " Olivia " Asphalt, Oil, RC250 Port Lavaca Six Mile Seadrift Olivia Gypsum Olivia ACCOUNTS ALLOWED - COUNTY Wright Asphalt ,t _ u Rexco, Inc. .5891 .5891 .5891 .5891 CJ L_J .5937 .5937 .5937 .5937- 6.-25 - • Motion -by Commissioner Belk, seconded by Commissioner Smith, and carried, that an emergency be declared, that the following claims be paid: LZ Stanley's Aransas Co. Juvenile Probation Dan Heard, Attorney David Roberts, Attorney Phillip Vasquez, Attorney Larry Dio, Attorney R. Carlson, Attorney Jack Traylor, Attorney P. Vasquez, Attorney • P. Vasquez, Attorney Dan Heard, Attorney Pag, Southerland & Page $2,559.30 3,972.18 495.00 35.00 234.40 400.00 275.00 250.00 250.00 250.00 142.92 21,805.54 COMMISSIONERS' COURT - MEETING DATES, REGULAR MEETINGS Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the 2nd Monday of each month be designated as Regular Term. ORDER WHEREAS, S.B. 52, relating to the dates and places of meetings in regular terms of the commissioners court of a county, was enacted by the 71st Legislature of the State of Texas, and WHEREAS, Section 81.005, Local Government Code, is amended by amending Subsections (a) and (c) and by adding Subsections (d), (e), and (f) to read, in part, as follows: (a) At the last regular • term of each fiscal year of order shall designate a day the county, of the week the commissioners court by on which the court shall convene in a regular term each month during the next fiscal year. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: That the Commissioners Court of Calhoun County shall convene in a regular term each month on the second Monday of every month in 1990, except -for November 12, 1990, which is a holiday for county employees; therefore, for the month of November, the court shall meet on Tuesday, November 13, 1990. PASSED AND APPROVED by the Commissioners Court of Calhoun County, Texas, at the last regular term of the court, on December 15, 1989. Xi M a-141M �y / //C k Wois McMahan • County Clerk THE COURT ADJOURNED. SPECIAL DECEMBER TERM THE STATE OF TEXAS X X COUNTY OF CALHOUN X HELD DECEMBER 28, 1989 BE IT REMEMBERED, that on this the 28th day of December, 1989, there was begun and holden at the Courthouse 'in the City of Port Lavaca, said County and State, at 10:00 A. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: royalgWiN Michael Spahn and Louis Cruz with Reitzer-Cruz, Architects, Inc. met with the Court to discuss conversations concerning bids which were opened to construct a new county library. A question arose as to whether Edna Lumber Company submitted all of the sub -contractors with their original bid and whether Reitzer-Cruz, Architects, Inc. waived that requirement. Louis Cruz denied that his firm waived the requirement. Howard Marek, Attorney, with Houston, Marek and Griffin, said he had reviewed all of the bids and he did not feel that Rexco, Inc. had included all of the sub -contractors with their bid. Judge Hernandez, then showed a video of the pavillon at the fair- grounds which had been constructed by Edna.Lumber Co. The video revealed several cracks in the slab. A representative of Edna Lumber Company said Rexco, Inc. has also done jobs with similar foundations. He also said he felt the de- E 0 • 486 sign of the slab had something to do with the condition of the foundation since there were no expansion joints.in the design. Motion by Commissioner Mikula, seconded by Commissioner Hahn, and unanimously carried, that the bid of Edna Lumber Company for construction of the new Calhoun County Library be rejected for non-compliance of the bid specifications as per Sec. 1, Sub. Sec. B, and Sec. 2 of the special instructions to bidders and further- more, subject bid be returned to Edna Lumber Company. • A motion was made by Commissioner Mikula, seconded by Commis- sioner Hahn, and unanimously carried, that the Commissioners' Court award and authorize the County Judge to sign the con- struction contract for the new Calhoun County Library to Rexco, Inc, in an amount of $724,591.00, subject to Rexco, Inc, being in complete compliance of the bid specifications and being the best and most responsible bid for the taxpayers of Calhoun County. BIDS AND PROPOSALS - DEFIBRILLATORS, EMS AND HOSPITAL Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the County Auditor be authorized to advertise for four (4) defibrillators with bid opening date set for January 31, 1990. MATAGORDA'ISLAND • Commissioner Hahn asked representatives of the Port O'Connor area to be present since he felt they should respond to Mr. Geizentanner's presentation on Matagorda Island. Joe Hawes responded by saying he felt the wildlife had gone to "pot" on Matagorda Island and that areas on the island are pre- sently closed to the public eventhough Mr. Geizentanner said the public would have access. These are areas already under the control of the Interior Dept. Mr. Hawes stressed. Mr. Hawes also said he felt Texas Parks and Wildlife Dept. will be done and the Interior Dept. will have complete control of Matagorda Island as a refuge instead of a park and recommended to the Court that a member of the Commissioners' Court should to to Austin and meet with the General Land Office and get some facts. Commissioner Mikula asked why can't we get a representative of the General Land Office to come to Calhoun County. Commissioner Hahn said he felt that all legislators should be contacted opposing the Interior Department taking over the • Island and also requesting that the public hearing be held in Calhoun County instead of Victoria County. The Court took no action at this time but will include this. matter on the agenda for the first meeting in January, 1990. BIDS AND PROPOSALS - FUEL The Court reviewed bids from C. L. Thomas Petroleum, Mauritz Company and Diebel Oil Company, whereupon a motion was made by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the low bid of Mauritz Company be accepted for • fuel for the month of January. BIDS AND PROPOSALS - SALE OF DUMP TRUCK AND TRAILER, PRCT. 3 The only proposal received was Walter E..Barrier in the amount of $700.00 to sell a truck and trailer, whereupon a motion was made by Commissioner Smith, seconded by Commissioner Mikula, and carried, that Walter Barrier's proposal be accepted. CITY OF PORT LAVACA - 150TH ANNIVERSARY CELEBRATION Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that Calhoun County contribute $4,000.00 for the City of Port Lavaca 150th Anniversary Celebration. • ACCOUNTS ALLOWED - COUNTY Claims totalling $88,616.67 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Belk, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - COUNTY Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that a budget order be passed moving $5,737.00 from the contingency fund to court appointed attorneys for the District Court. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $55,351.47 were presented by the County Auditor • and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. CONTRACTS AND AGREEMENTS - PRISONERS, SHERIFF Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the following "Prisoner Custody Agreement" between Calhoun Co. and the Texas Board of Pardons and Parole be approved and the County Judge be authorized to said said agreement. a 66 PRISONER CUSTODY AGREEMENT • This Prisoner Custody Agreement (this "Agreement") is entered into as of December 28 , 1989 by and between the Commissioners Court of Calhoun County ("County") and the Texas Board of Pardons and Paroles. R E C I T A L S WHEREAS, the Texas Board of Pardons and Paroles ("Board") has assumed the obligations of the Central Texas Correctional Development Corporation ("Corporation") in the operation of the Central Texas Parole Violator Facility ("Facility") as a correctional center for certain persons described herein who are under the jurisdiction of the Board and in the custody of County authorities, and who have violated the terms and/or conditions of their parole; WHEREAS, the Board has entered into an agreement with Wackenhut Services, Incorporated ("Wackenhut") to operate, maintain and manage the Facility; WHEREAS, the Board and the County desire to enter into this Agreement pursuant to -which the State of Texas will assume responsibility for the custody and care of certain prisoners • previously incarcerated by County; 1. Assumption of Custody. In accordance with and subject to the terms of this Agreement, Board shall assume custody; care and control of certain Blue Warrant Prisoners (as hereinafter defined) previously incarcerated by County. Except as otherwise set forth herein, the Board shall bear all expenses associated with such custody, care and control of Blue Warrant Prisoners. 2. Eligibility Re�uireme�nts. Prisoners eligible for transfer to the Facility ah— all be limited to technical parole violators incarcerated by County who are under the jurisdictions of the Board by virtue of having had issued against them a Blue Warrant, which shall remain in effect, and who (a) have violated their parole, (b) are in reasonably good health, with no current medical problem that could cause hospitalization, and (c) have had a specified time of confinement authorized by the Board as a condition of the continuance of their parole. Such persons are referred to herein as "Blue Warrant Prisoners". The Board or its designee shall be authorized to refuse to accept for incarceration, or after incarceration shall be authorized to return to County at County's expense, -any prisoner who does not meet the eligibility requirements for incarceration at the Facility as set forth in this paragraph 2. r1 M PRISONER CUSTODY AGRF 14EN`1` • Page 2 3. Maximum Prisoners. County may initially transfer prisoners for incarceration at the Facility, beginning on the date specified by notice of which shall be given by the Board to County at least seven (7) days in advance, a maximum of Blue Warrant Prisoners. Such maximum number of prisoners will be subject to increase or decrease by the Criminal Justice Policy Council (the "CJPC") up/n ten (10) days notice (a) quarterly as the CJPC, with the advice and assistance of the Criminal Justice Corrections Advisory Committee (the . "Advisory Committee"), applies the formula developed by the CJPC for setting the quota of prisoners incarcerated in county jails that may be sent to the Facility and (b) in the event of an emergency or other compelling need, as determined by the CJPC with the advice and assistance of the Advisory Committee. 4. Jail Standards. The Board shall cause the Facility to be operated and maintained in accordance with minimum jail standards of Texas Commission on Jail Standards (the "Commission"), including such variances from Jail Standards as may be approved by the Commission. If the Commission, at any time, determines that the Facility does not meet Jail Standards, either party may terminate this Agreement without penalty, at which time all Blue Warrant Prisoners shall be returned to the custody of County. • 5. Transportation. Upon County's request, the Board's designee shall provide, at the Board's or it's designee's expense, transportation of all eligible Blue Warrant Prisoners from a transportation site for the County, to be designated by the Board (the "Transportation Site"), to the Facility and back to the Transportation Site. 6. Release of Prisoners. Blue Warrant Prisoners who are to be released will be returned to County at the Transportation Site for release by County. 7. .Term. This Agreement is effective as of the date the first above written and shall continue until August 31, 1990, at ,which it may be extended for additional one year periods upon the mutual agreement of Board and County. Either party may cancel this Agreement upon seven (7) days written notice to the other party, at which time Board will return to County each of its Blue Warrant Prisoners. 8. Notice. All notices required to be given hereunder shall be ef—fective upon receipt by the party to which notice is given. Notice shall be given, if to County, to: Sheriff A. P. Lacy • Calhoun County 211 South Ann Port Lavaca, Texas 77979 PRISONER CUSTODY AGREEMENT Page 3 • and if to Board, to: William H. Brooks, Executive Director Texas Board of Pardons and Paroles P.O. Box 13401, Capitol Station Austin, Texas 78701 9. Assi nment of Obli ations to Wackenhut. County acknow- ledges that it .is aware that theBoard has contracted with Wackenhut to provide for the care, custody and control of prisoners at the Facility, and hereby consents to Board's assignment to Wackenhut of all of its obligations hereunder with respect to the custody, care and control of County Blue Warrant Prisoners. 10. Termination and Return of Prisoners. In the event that (a) Board's contract with Wackenhut or the care and custody of prisoners at the Facility is terminated for any reason, or (b) the Board is for any reason prevented from using the Facility to house Blue Warrant Prisoners, then this Agreement shall terminate immediately and Board or its designee shall return the Blue Warrant Prisoners to County at the Transportation Site, and County shall accept into its custody any Blue Warrant Prisoners incarcerated at the Facility who were previously incarcerated by County. . Executed as of the date first above written. COMMISSIONERS COURT OF Q^644 C^OUNTY BY AC" X BOARD PARDO A D•PAR ES BY ITS l�.•�in THE COURT ADJOURNED. LM REGULAR JANUARY TERM THE STATE OF TEXAS X COUNTY OF CALHOUN HELD JANUARY 8, 1990 BE IT REMEMBERED, that on this the 8th day of January, 1990, • there was begun and holden at the 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: Alex R. Hernandez County Judge Leroy Belk Commissioner, Prct. 1 Stanley Mikula Commissioner, Prct. 2 Roy Smith Commissioner, Prct. 3 (Absent) Oscar F. Hahn Commissioner, Prct. 4 Mary Lois McMahan County Clerk whereupon the following proceedings were had: MATAGORDA ISLAND Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that a letter be sent to all legislators and • also to President Bush, COUNTY JUDGE PRO TEM Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that Commissioner Hahn be named County Judge Pro Tem. JURORS - RATE OF PAY Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the pay for grand jurors is hereby fixed at $6.00 per day for persons who are summoned but not selected to serve and at $10.00 per day for those who are selected to serve; that the pay of petit jurors in District Court, County Court and County Court at Law and Justice Court is hereby fixed at $6.00 per day for each person who responds to the process of the Court but who is excused from jury service and the pay for each juror who actually serves as a juror is hereby fixed at $10.00 each day that he actually serves. ORDER PLACING OFFICIALS ON SALARY BASIS Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the following order be approved: 492 ORDER PLACING OFFICIALS ON SALARY BASIS Motion by Commissioner ,�{.k , seconded by Commissioner , and carried, that the follow- ing order be entered: • At a regular term of the Commissioners Court in and for Calhoun County, Texas, held in the regular meeting place of said Court in the County Courthouse at Port Lavaca, Texas, on the 8th day of January, 1990, with County Judge Alex R. Hernandez, presiding, and Commissioners Leroy Belk, Stanley L. Mikula, Roy N. Smith and Oscar F. Hahn present and with Mary Lois McMahan, the County Clerk, in attendance, there having come on for hearing the matter of determining whether county and precinct officers shall be compensated on a salary basis for the calendar (fiscal.) year 1990, it was ordered that all county and precinct officers and their deputies, clerks and assistants be compensated on a salary basis for the calendar (fiscal) year 1990, and the County Clerk, be, and she is hereby ordered and directed to file a certified copy of this order with the State Comptroller of Public Accounts in Austin, Texas, on or before January 3.1, 1990. • IT IS SO ORDERED, this the 8th day January, A.D., 1990. of COMMISS4NERS_.0 1jT OF CPLHOUN COUNTY, TEXAS in ATTEST: Mary Lois McMahan Alex R. Hero ndez, County Judge Calhoun County, Texas County Clerk, Calhoun County, Texas LJ •R ORDER PLACING OFFICERS SALARY FUND IN GENERAL FUND Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following order be entered: • ORDER PLACING OFFICERS' SALARY FUND IN GENERAL FUND BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS that all fees, costs, compensation, salaries, expenses and other funds which would otherwise be deposited in the Officers' Salary Fund shall be paid into and drawn from the general fund of the County, with the exception of Sanitary Landfill fees, costs, compensation, salaries, • expenses and other funds which shall be paid into and drawn from the Sanitary Landfill enterprise fund. PASSED AND APPROVED this 8th day of January, 1990. COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS Attest; )Lv Mary Lois McMahan, County Clerk C� • ORDER SETTING SALARIES, MONTHLY APPROPRIATIONS, VACATION AND SICK LEAVE POLICY, HOLIDAY SCHEDULE AND MISC. POLICIES Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the following order be adopted: 1990 ORDER PASSING MAXIMUM SALARIES, MAKING MONTHLY APPROPRIATIONS. Y YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYM1YYY AND PASSING HOLIDAY SCHEDULE M1 YYYYM1YYYM1YYYYYYYYYYYYYY'wLYY WHEREUPON on m^ring:. by r'ommis=inner Mikula, seconded by Commissioner 8_1k_ and unanimously carried, the rcurt ordered the following Order he adopted and entered: The various officials. supervisors., and permanent employees will be cnmpen =.ted for the Calendar Year 1990 not to exceed the following amounts: MAXIMUM SEMI-MONTHLY ANNUAL SALARY ROAD AND BRIDGE GENERAL FUND County Commissioners of Precincts 1, 2, 3, and 4, each $1,423.75 $311,170.00 GENERAL FUND County Judge 1,695.91 40,7n2,00 Countv Clerk 1,423.75 34,17().nn Veterans' Service Officer 259.45 6,227.00 Emergency Management Coordinator 562_R3 13.5na, r.) County Court -at -Law Judge 2,462.29 59,095.0n Court Reporter/Secretary, Court-at-l_aw • 1,153.37 27,6.91.(+A Juvenile Court Judge, County judge 124.59 21990.00 Juvenile Court Judge, County Cn!irt-at-Law Judge 124.58 2,990,nn Juvenile Court Judge, 24th District 51.04 1.?25.('s) Juvenile Court Judge, 135th District 51.04 1,225.00 Juvenile Court Judge, 267th District 51.04 1..2P5,4t0 Juvenile Court Clerk 53.41 11282.nn Judge, 24th District (Supplemental Salary) 25.16 b04, n0 Judge. 135th District (Supplemental Salary) 25.16 604.00 Judge, 267th District (Supplemental Salary) 25.1E t,04.n.0 Court Reporter, 24th Judicial District 229.29 5,503.00 Court Reporter. 135th Judicial District 229.29 5.503.br(> Court Reporter, 267th Judicial District 229.29 5,503.00 Roving Court Reporter 229.29 5,5(j,0t) District Clerk 1,423.75 94,170.00 Justice of Peace. Precinct. 1 443.83 �=?1 Justice of Peace, Precinct 2 554.95 137319.00 Justice of Peace, Precinct 3 391.91 9,40.4,,On Justice of Peace, Precinct 4 397.95 9,311.nn Justice of Peace. Precinct 5 321.54 7.717_00 Appeals Court Judges (61, each 8.25 198.00 County Auditor 1,445.09 County Treasurer 1,423.75 34,t70.00 County Tax Assessor -Collector 1,445.(Lq 34•b82.('(1 Constables, Precincts 1, 2, 3, 4, and 5, each - 218.95 5,255.00 Sheriff • 1,423.75 34,170.00 Building Inspector 530.58 12.734.fu, County Librarian 972.08 23,330,00 Museum Director 129,70 ?.II3. 00 County Extension Agent 275.87 6,621.n0 Home Demonstration Agent 208.54 5-005.00 Marine Agent 199,75 4.794.00 Page 1 of 5 1990 ORDER PASSING MAXIMUM SALARIES MAKING MONTHLY APPROPRIATION, AND PASSING HOLIDAY SCHEDULE - Continued SM -MONTHLY ANNUAL SALARY County .Tudge I Secretary $844.29 $20,263.00 rotinty Clerk 1 Deputy 844.P9 20,263.00 3 Deputies, each 7?7.37 18,657.00 Fmereencv Management 1 Secretary 18,657.00 District Clerk 1 Deputy 944.29 20,263.00 1 1leputy 777.37 18165?.(K1 Criminal District Attorney 1 Assistant 1,384.08 33,218.00 1 Investigator 1'o51.16 25,2011.(10 I Secretary 944.29 20,263.00 1 Secretary 7?7.3? 19,657.00 I Clerk 599,75 14,394.00 Cominty Auditor • 1 Chief Auditor 966.83 23,252.00 1 Assistant 844.29 20,26-1.00 I Assistant 777.37 18, 657.00 • County Tar. Assessor -Collector 1 Deputy 844.29 20,263.00 9 DPputips, each 777.-t-7 19,657.00 9uildinns 1 Superintendent 1,013.50 24,324.00 1 Assistant Superintendent ,'!44.8.4 20,. 276.(K) 3 .Janitors., each 760.66 18,256.00 1 Painter 760.6<. - 18,256.0(1 1 Maintenance 69h.6h 16,480,00 Jail 1 Chief Jailer 1,023.37 24,561.00 4 Jailers, each 905.54 ?I,733.(1(/ I Cook 600,63 14,420.00 Sheriff 1 Chief Deputy 1,111.25 26,670.00 2 Investigators 1, 050.1+% 2-5, PO4.00 11 Deputies, each 1;rP3.37 24,561.00 1 Secretary 944.?9 c0,2h3.(1p I Chief Dispatcher 777.37 18,657.00 4 Dispatchers, each 77?.=17 18,t•57.00 2 Part-Tiate Deputies, each -8.20 917.00 Narcotic's • 3 Imiestigators, eachI,05o.16 25,20h.00 Page Fe of 5 W • • • Health Unit 1 Nurse 1;1,140.16 $27,364.0r, 1 Insnector Q09. 5P =•I.61L_f,:f? 1 LVN 773.09 19,554.00 1 Sanitarian 74G ,{}4 191 ' I Clerk 429.00 101296.0n County Librar I Assistant 944.29 20,263.00 { rle", 599.75 1L_79G ,tyfl } Assistant - Seadrift Prgnrh 2P.62 6B7,nn I Assistant - Point Comfnrt Branch County Extension Service 1 Secretary 944.29 20,263.00 ROAD AND BRIDGE PRECINCT ONE 1 Employee 982.37 23,577.00 1 Emolovee 99h.29 21.2?l.0"I 2 Employees, each 7eB.37 19,421.00 1 Employs(. 769.93 iP,L?c..{,+) I Secretary 360.50 9,652,00 ROAD AND BRIDGE PRECINCT TWO I Emplovee 922.27 23,577.00 1 Employee EtPh 29 = :1 •�71 t*.rr ' 1 Employee 954.20 20,501.00 2 Employees, each 905.IF, 1'9>3="•!'i' ROAD AND BRIDGE PRECINCT THREE 1 Employee 11029.37 24,7r�5,nn 2 Employees, each 939.91 ?9.1g:,.!r0 ROAD AND BRIDGE PRECINCT PniUp 1 Employee 1,029.37 24,705.00 2 Employees, each 9P0.91 211'9'.ND 3 Employees, each 963.95 20,735.00 3 Employees, each 793.29 19,7941W1 1 Secretary 793.29 IB,799.0n SANITARY LANDFILI i Manager 913.50 1 Employee 954.20 2 Employees, each 000.83 1 Secretary 712.79 2 Temporary supervisory supplements, each 50.00 JUVENILE PROBATION I Probation Officer I Secretary 1.125.00 712.79 21,924.no ^n,f-r,f +"ft 19,220.00 17. 1I17. t,r) 1,200.00 271000,00 17. I,7 {rt) Each of the officials named herein shall fix the compensation of the employeefsl authorized for his department within the maximum amounts authorized by this Order. Each of said officials will complete and deliver the payroll forms to the County Auditor to indicate the pertinent information for all deputies, a=_sistants, and secretaries who were employed during the pay period: he will also see that the necessary exemption certificates and other information are furnished to the County Auditor so that proper deductions may be made and records compiled {nr Federal Withholding Tax., Social Serurity Tax., Group Insurance, and Retirement.. Plan. Page 3 of 5 4017 1990 ORDER PASSING MAXIMUM SALARIES, MAKING MONTHLY APPROPRIATION, AND PASSING HOLIDAY SCHEDULE - Continued EXTRA HELP The various officials/supervisors will be allowed to employ extra help at the following maximum hourly rates: $5.00 for clerical help in county offices. $5.65 for labor in the Road and Bridge Precincts and the Building Department! $7.00 for heavy equipment operators! $9.00 for mechanics. Payments may he made up to the amnunt authorized in each department budget, approved by the Commissioners Court in the 1990 Budget. The official=_/supervisor=_ affected by this Order will not obligate the County for the payment of any compensation in excess of the extra help allowance without prior authorization of ttae Commissioners Court. These employees will be considered part-time employees of the County and will be subject to Federal Withholding Tax and Social Security Tax deductions. APPROPRIATIONS FOR JUSTICE OF THE PEACE OFFICES, PRECINCTS 3 5 5 An annual allowance of $85e each will be paid from the General Fund to Justices of the Peace of Precincts 3 and 5 for expenses of office, at the semi-monthly rate of $35.75 each. APPROPRIATIONS FOR TRAVEL ALLOWANCE The CommissionerE Court further authorized the Izyment of travel allowance to certain officials using their private autmmnhile= in carrying on th- duties of their respective offices. These aIIawance5 are payahle in =_e:*:i-monthly installments, not to exceed the following annual amounts: GENERAL. FUND SEMI-MONTHLY - ANNUAL County Judge $125.91 $3,022.06 Building Inspector lno,o0 2,400.00 Sanitation Inspector 142.50 3,420.00 Nurse I 50.00 1,200.00 Clerk 1 12.50 2i10.0O LVN 12.50 300.00 County Extension Agent. 125.00 31000.00 Home Demonstration Agent 125,00 3,000.00 Marine Agent 125.0{1 Fxten=_ion Program A,5,5istant 89.93 2,000.00 SANITARY LANDFILL_ Manager 75.00 1,eoo.0o Earh f:onstable shall be reimbursed for actual and necessary out-of-pocket expense in the enforcement of law on the basis of itemized and sworn statements filed with the County Auditor at an amount not to exceed $250.00 ,per month. Officers, agents or employees of the County will be reimbursed for actual traveling expenses while out of the County on official County husiness if in attendance at conferences relating to Ginty government up to the amount authorized in the 1990 budget for this purpose. Reimbursement will be requested on the travel form available in the office of the County Auditor and will he filed, with supporting documents, in the County Auditor's office within one month after the trip has been made. Certain personnel will be reimhurs_ed for actual traveling expenses in the County in amounts not to exceed the appropriations authorized in the 1990 budget. Mileage reimbursemPnt for toe use of Personal automobiles which have been authorized will be computed at the current, rate set by the Internal Revenue Page 4 of 5 • • • 1990 ORDER PASSING MAXIMUM SALARIES, MAKING MOMTHLY APPROPRIATIOM, AND PASSING HOLIDAY SCHEDULE - Continued Service for tar. purposes. • APPROPRIATIONS FOR CALHOUN COUNTY APPRAISAL DISTRICT Payable in quarterly installments to the Calhoun County Tar. Appraisal District: GENERAL FUND ROAD AND BRIDGE GENERAL_ FUND FARM AND LATERAL ROAD FUND QUARTERLY $I!„709.25 2,794.00 2,794.00 HOLIDAY SCHEDULE The Court set the followino holiday schedule for the calendar year 19P0: Good Friday - 1/a day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day New Year's Day April 131 P.M. May 2R, Monday July 4, Wednesday September 3. Monday November 12, Monday November 22 & 23, Thursday & Friday December 24 & 25, Monday & Tuesday January 1, 1991, Tuesday However, it was agreed that if any of the above holidays should fa!1 on a non -working day, the employees should be allowed to observe the nearest wnrking • day preceding or following the holiday; provided, however, that in no event shall the Sanitary Landfill he closed more than two (2) consecutive days, which closing shall be arranged by the landfill Manager to accommodate the needs of the Cities of Port Lavaca, Seadrift, and Point Comfort for garbage disposal. POLICIES PERTAINING TO SICK LEAVE, JOB RELATED ACCIDENTS, AND VACATION WILL BE FOLLOWED AS PER EMPLOYEE POLICY AND PROCEDURES MANUAL. PASSED AND APPROVED , this the 8th day of January, 1990. ALEX R. HERN.jNDEZ, COUNTY JLIDGE CALHOUN COUNTY, TEXAS ATTEST; MARY L S McMAHAN, COUNTY CLERK. CALHOUN COUNTY, TEXAS Page 5 of 5 UTILITY PERMITS - GENERAL TELEPHONE COMPANY, PRECINCT N0. 4 Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the following permit be approved: MC 6OD647 ED43, (REV.1-88) ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION TO THE COMMISSIONER'S COURT OF CALHOUN DATE 12-29-89 COUNTY • ATTENTION COUNTY JUDGE: Alex R. Hernandez Calhoun County Courthouse • Port Lavaca TX 77979 Formal notice is hereby given that GTE SOUTHWE§T INCORPORATED will construct a communication line within the rigqht-of-way of a County Road in CALHOUN County, SE DRIFT, TX as follows: See Attached Narrative and Sketch. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after January 22, tg 90 • GTE SOUTHWEST INCORPORATED 0 COORDINATOR Address P. 0. BOX 1112 ROBSTOWN, TEXAS 512/387-6433 � � 11500 .`' 0 • • Calhoun County Permit Seadrift - E-6E1079 Narrative Beginning at the intersection of Hwy 185 and Louie Walker Road, GTE proposes to extend buried cable down the NW side of Louie Walker Road. The proposed cable will be extended 3.5' inside the right-of-way and will extend for 4601' to where the road makes a "T". A 30' section of 2" PVC pipe will be bored under the pavement and the cable pulled through to the SW right-of-way. At this point, the cable will be extended SE for 79', paralleling (and 3.5' inside) the right-of-way. The cable will then turn NE and cross the road, which will be cut and repaired. The cable will then proceed SE for 2358' at 10' in front of the existing power poles. This distance is requested due to the trees and brush near the right-of-way. It will then cross the road (which will be cut and repaired) to the SW side. It will then be ex- tended at 7' from the right-of-way for 30' and under the cattle guard onto private property. All cable will be plowed or trenched to a minimum depth of 30". See Attached Sketch. 501 u CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: PATRICK J. VAJDOS PROJECT COORDINATOR P. O. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 12-29-89 except as noted below. r1 L.I �i It is further intended that the Commissioner's Court may require the owner i to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Oscar Hahn , telephone 512/785-3141 Commissioner of Precinct No. 4 forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. • Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 8th day of IanuAry 19 90 , and duly recorded in the Minute Book of the Commissioner's Court of Calhoun _ County, Texas. Lk -k. COUNT4JUGZEAlex 3Hedez 5�2 /,G miles fa rM, L38 • C� • wREA SaUr// YxAS TAX W$T. nn cc �A7'RD EY � �DAT[ IZ -l0 �OJ MA" W If {7 APPROVED CYf LQ DATr 12-4=D1 l7IJ Y / 8.5- To SEA17R/Fr ExI577NG 4fAIZEf FxiS�TJiNG CiJBLE 7, BE /7B//NDONE /) /N PtRGE f?�/ascD CABLE 8� R�o,ti Gpe�Gled jq�R k F Z 358 Q > X B E B m GauNrr /eo AD v 30, o MC 600664 ED-172(REV.1.881 ® Southwest t.ocATXx1 7STdDVIFZ Tx z5aelezD CffBLC CALI.1DUAI zfo 1 «-L- r.o.ea. -z�Elo%S COUNTY TREASURER'S MONTHLY AND QUARTERLY REPORTS The County Treasurer presented her monthly and quarterly reports and after reading and verifying same, a motion was made by Commis- sioner Belk, seconded by Commissioner Hahn, and carried, that said reports be approved. :503 CALHOUN COUNTY, TEXAS STATEMENT OF BALANCES Balance Balance 10/1/89 Receipts Disbursements 12/31/89 General $2,887,411 $ 237,182 $1,112,459 $2,012,134 Road & Bridge General 2,123,905 82,328 308,044 1,898,189 Road & Bridge Pct. 1 146,506 70,499 100,938 116,067 Road & Bridge Pct. 2 48,031 77,890 82,628 43,293 Road & Bridge Pct. 3 110,273 49,979 19,841 140,411 Road & Bridge Pct. 4 229,032 140,034 136,161 232,905 FM -Lateral Road 624,099 22,051 50,709 595,441 Road Maint. Pct. 1 61,005 1,515 8,018 54,502 Road Maint. Pct. 4 8,223 202 -o- 8,425 Lateral Road Pct. 1 28 3,664 -o- 3,692 Lateral Road Pct. 2 28 3,664 -o- 3,692 Lateral Road Pct. 3 28 3,664 -o- 3,692 Lateral Road Pct. 4 28 3,664 -o- 3,692 Flood Control Pct. 1 70,057 1,739 -o- 71,796 Flood Control Pct. 2 1,671 41 -0- 1,712 Flood Control Pct. 3 10,556 265 -o- 10,821 Flood Control Pct. 4 997 23 -o- 1,020 Sanitary Landfill 200,840 59,277 31,863 228,254 Sanitary Land. Replacement 55,106 1,236 -o- 56,342 Airport Maintenance 11,406 645 2,838 9,213 Bank Franchise Tax 67,204 1,670 -o- 68,874 Law Library 722 1,923 568 2,077 Library Gift -Memorial 127 -o- -o- 127 Voter Registration 4,533 109 -o- 4,642 Fine & Court Costs Holding 6,040 12,135 8,584 9,591 Donations 17,582 2,867 552 19,897 Grants 14,439 3,976 9,178 9,237 Juvenile Probation 7,185 9,514 15,434 1,265 Dist. Court - Imprest Jury 2,197 6,445 5,617 3,025 County Court- Inprest Jury 469 1,282 744 1,007 Cap. Proj.-New Library Bldg. 10,551 7,728 17,902 377 Cap. Proj.-Beach Sewer System 100,000 56,914 156,914 -o- Coamunity, Development -o- 56,914 56,914 -o- Hospital Operating 855,519 1,451,108 1.,767,947 538,680 Hospital EMS Sinking 72,054 25,672 41,126 56,600 Hospital Memorial 97 1 -o- 98 Indigent Healthcare 904 146,021 145,773 1,152 Totals $7,748,853 $2,543,841 $4,080,752 $6,211,942 We the undersigned County Judge and Commissioners in and for Calhoun County, Tex , hereby certify that we have this date made an examination of and compared th ounty Treasurer's quarterly report, filed with us on this R Z& day of CL,r",.11 t.er, 1990, and have found the sane to be -correct and in due order. WITNESS OUR HANDS, offici43iy, this -%' e da�Q_4A� , 1990. Roy Smith, Comml xenek Precinct No. 3 Oscar Hahn, Coamissioner Pct. No. 4 SWORN TO AND SUBSCRIBED BEFORE ME, County Judge and County o ssioners of said Calhoun County, each respectively, on this day of , 1990. BEFORE ME, the undersigned Marek, County Treasurer of report is'truetand correct authority on this day Calhoun County,_says FIP . FOR, RECOR[T- S Tk day day of i personally appeared Sharron that the within and foregoing Sharron Marek, County Treasurer of 1990 and recorded} this 19 !Ma �Loi McMahan, Coo/un/ty • • 504 • BUDGET AMENDMENTS - COUNTY CLERK & EMERGENCY MANAGEMENT Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the following budget amentments be approved. BUDGET AMENDMENT RE4UEST To: Calhoun County Commissioners' Court From: (Departm nt m,V:ing this request) Date: 2 icm6 I request an amendment to the __I_Cf_l_J __ budget for the (year) following line items in my department: Amendment GL Account #i Account Name Amount Y Y19.YY'LM1M11111r LM1•V1Y�Y�y 4,,Y,�11YY 1'YY11 .w h'b Yn.'V n.1 •Y'Y'b'YL �103- �oZl ���� - -� �l • ©o y�.1—W70 of/2G/i Net change in total budget for this department is: $ — o --------- — Other remarks/justification: Reason • I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. }'j.� Signature of official/department head: F40 v Date of Commissioners' Court-a�.+oe-weal: Date posted to General Ledqer account(s): 5V5 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court � From: (Department Vmaking this request) Date: ( CJ10 I request an amendment to the _ 9_ (, __ budget for the (year) following line items in my department: Amendment GL Account # Y YIYNYYYYNryY Account Name YYYM1YY1rY YYYYYYYM1YN Amount YYM1/Y M1I.M1 YYYYM1Y Reason � YYY/Y YYYYN h�Y��Y�N�YY IIAG �2Qe(1Gl�u� 4- 6 )c + �IhaAdA40 Net change in total budget for this department is: Other- remarks/justification: I �J I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. • Signature of official/department head:\.��"���) Date of Commissioners' Court approval: Date posted to General Ledger account(s): GOLDEN CRESCENT REGIONAL PLANNING COMMISSION - EMS COMMITTEE Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that Henry Barber and W. R. Zwerschke be named to the EMS Committee. • SALARY GRIEVANCE COMMITTEE Edna Brown, Donna DeBault and Rupert Sorrow named as public members of the Salary Grievance Committee. TAX ASSESSOR -COLLECTOR MONTHLY REPORT The Tax Assessor -Collector presented her monthly report and after reading and verifying same, a motion was made by Commis- sioner Mikula, seconded by Commissioner Belk, and carried, that said report be approved. ACCOUNTS ALLOWED - COUNTY Claims totalling $189,794.57 were presented by the County Auditor • and after reading and verifying same, a motion was made by Commis- sioner Hahn, seconded by Commissioner Belk, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $335,112.35 were presented by the County Auditor and after reading and verifying same, a motion was made by Commis- sioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. THE COURT RECESSED UNTIL FRIDAY, JANUARY 12, 1990, 10:00 A. M. • FRIDAY, JANUARY 12, 1990 JUDGE HERNANDEZ ABSENT CITY OF SEADRIFT - BALLPARK Representatives of the Seadrift Softball Assn, met with the Court to ask for assistance in building a ballpark in the City of Sea- drift. They said they particularly needed help on the parking lot. The Court took no action. GUADALUPE-BLANCO RIVER AUTHORITY - PERMITS A motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried,.that.Calhoun County grant a•permit to GBRA. to install.facilities as -shown on the following instruments with the understanding that by the usage of such permit GBRA agrees that such facilities and the installation, maintenance and usage thereof shall be subject to all of the terms and provisions set out in the original contract between GBRA and Calhoun County dated Mar. 21, 1972 and recorded in Vol. R, Pg. 307 of the Commissioners' Court Minutes of Calhoun County, Texas and that GBRA agrees to be • bound by all such terms and provisions. SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: 1/9/90 B. Name of Customer Requesting Service: ,ferry Doyle C. Number of Connections Wanted: One D. Map Sheet Number: D5a E. Customer Number to be assigned: 09-2664 • F. Prospects for Additional Customers to be served by the Proposed Line: 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3. Report of Installation (To be completed by Operations) • A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: Date Signature Q Engineering: Date Signature I • ti M. C- 09 - D4(o4 p$-Ds)'--A DEED OF EXCHANGE - MAGNOLIA BEACH WATER TREATMENT PROJECT Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following Order Approving Deed of Exchange be approved and that Commissioner Hahn, County Judge Pro Temp lke' authorized to sign said order, CJ ER APPROVING DEED OF EXCHANGE WHEREAS, on the 30th day of November, 1989, the Commissioners' Court of Calhoun County, Texas, passed an Order Closing and abandoning a Portion of a Street subject to Approval of Transfer and Exchange; and WHEREAS, the Deed of the 0.27 acre tract of land has been executed by H. Glenn Davis and delivered to the Commissioners' Court of Calhoun County, Texas; and • WHEREAS, the Commissioner of Sale Leroy Belk has given his report as to his recommendation regarding the consideration being received by Calhoun County for the closing of the South one-half only of twenty-fifth street and the payment to H. Glenn Davis of $5,000.00 as set out in the Notice to the Public in the November 10, 1989, November 17, 1989 and November 24, 1989 issues of the Port Lavaca Wave; and WHEREAS, the Commissioners' Court has agreed that the closing of the South one-half of Twenty-fifth Street (being 0.115 acres) and the sum of $5,000.00 in exchange for the conveyance of a 0.27 acre tract of land would be fair and just consideration. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 1. That the Commissioners' Court of Calhoun County, Texas, • being satisfied that the conditions set out in the Order Closing and abandoning a Portion of a Street Subject to the Approval of Transfer and Exchange approved by the Commissioners' Court on November 30, 1989, have been met and that said Order is finalized. 2. That the Report of the Commissioner of Sale Leroy Belk is approved. 510 u • PASSED AND APPROVED this lath day of January , 1990. ATTEST: Mary ois Mc Mahan County Clerk ACCOUNTS ALLOWED - COUNTY COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS Oscar F. Hahn County Judge Pro-Tem Claims totalling $449,162.57 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $15,000.00 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried; that said claims be approved for payment. THE COURT ADJOURNED. SPECIAL JANUARY TERM THE STATE OF TEXAS COUNTY OF CALHOUN HELD JANUARY 31, 1990 • BE IT REMEMBERED, that on this the 31st day of January, A. D. 1990, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court towit: 9El Alex R. Hernandez County Judge Leroy Belk Comm., Prct. 1 Stanley Mikula Comm., Prct. 2 Roy Smith Comm., Prct. 3 Oscar F. Hahn Comm., Prct. 4 Mary Lois McMahan County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - DEFIBRILLATORS, HOSPITAL AND EMS • The only bid received for four defibrillators was the bid of Physio Control Sales in the amount of $43,410.00 whereupon and motion was made by Commissioner Smith, seconded by Commis- sioner Mikula, and carried, that the bid of Physio Control Sales in the amount of $43,410.00 be accepted for four de- fibrillators for the hospital and emergency medical services. BIDS AND PROPOSALS - FUEL Bids were received from Diebel-Oil Company, C. L. Thomas and Mauritz Company for fuel whereupon a motion was made by -Commis- sioner Belk,'seconded by Commissioner Hahn, and carried, that the bid.of Mauritz Company be accepted for fuel -for the month of February. BIDS AND PROPOSALS - HOSPITALIZATION INSURANCE • The following bids were received for.hospitalization insurance but no action was. taken at this time: Art Hill No Bid Professional Insurance Agents No Bid Prudential Ins. Co. No Bid Blue Cross -Blue Shield 194.35 Employee 532.51 Family Alt. #1 184.,60 Employee 499.88 Family Alt. #2 178.45 Employee 482.37 Family Consolidated Welfare Fund 227.70 Employee 7, 202.70 470.50 445.50 BIDS AND PROPOSALS - FETAL HEART MONITOR, HOSPITAL Motion by Commissioner Mikula, seconded by Commissioner Hahn, • and carried, that the County Auditor be authorized to advertise for bids for a fetal heart monitor; bid opening set for February 16th at 10:00 A. M. 512 JUVENILE AND FAMILY COUNSELING - LIVE OAK HOSPITAL, COURTHOUSE ANNEX Representatives of Live Oak Hospital asked for office space to counsel Calhoun County citizens, They are presently counseling juvenile offenders, drug and alcohol abuse patients, students and probationers. Motion by Commissioner Belk, seconded by Commissioner Mikula, • and carried, that Live Oak Hospital counselors be authorized to use a room in the Courthouse Annex temporarily until June, 1990 at which time the Court will review the matter; subject to Judge Hernandez checking the legality of the County providing office space to a private entity. LIBRARY - BOARD OF DIRECTORS Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that Dorothy Clay, Sammye Diebel, Virginia Shultz and Tom Hynes be named to the Library Board of Directors. CONTRACTS AND AGREEMENTS - CALHOUN COUNTY -PORT LAVACA ECONOMIC DEVELOPMENT CORPORATION Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the contract provide quarterly payments beginning February 15th, subject to employment of an executive director. JUSTICE OF THE PEACE PRECINCTS 1 AND 2 - PURCHASE OF COMPUTER 0. R. Carter, Justice of the Peace, Prct. 2, asked the Court to consider the purchase of a computer for Justices of the Peace Prct. 1 and 2. Representatives of a computer company explained how the computer handles the caseload in Justice of the Peace courts. The Court took no action at this time. HOSPITAL - RENOVATION The Court heard Page, Southerland and Page, Architects, review • the First Phase of the Schematic Plan Phase of renovation of Memorial Medical Center. The presented three concepts. Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the three (3) concepts presented be tabled until February 6th at which time theCourt will meet for the pur- pose of taking action on one of the three (3) concepts and act on sub -phase B of Schematic Design Phase which is the execution of a feasibility study. 513 ACCOUNTS ALLOWED - COUNTY Claims totalling $211,968.05 were presented by the County Auditor and after. reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. LIBRARY - TRANSFER OF FUNDS Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that $200,000.00 be transferred from the General Fund to the Library Construction Fund. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $197,806.08 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. TRANSFER OF FUNDS - PAYMENT OF WORKMEN COMPENSATION INSURANCE Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that $125.00 be transferred out of the contingency fund for workmen compensation insurance in the following depart- ments: Building Maintenance $90.00• Library $30.00; Museum $5.00. THE COURT ADJOURNED. SPECIAL FEBRUARY TERM THE STATE OF TEXAS COUNTY OF CALHOUN X HELD FEBRUARY 6, 1990 BE IT REMEMBERED, that on this the 6th day of February, A. D. 1990 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M'. a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court to -wit: • C J 514 • • 0 Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 whereupon the following proceedings were had: HOSPITAL - RENOVATION, CONCEPT PLAN, AUTHORIZATION OF NEXT PHASE In addition to the three concepts previously presented by Page, Southerland & Page, Architects, concept four (4) was reviewed for renovating the hospital. The Court heard comments from members of the audience. A motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the Commissioners' Court designate Concept IV as the preliminary design of the renovation and expan- sion of the Memorial Medical Center and that Page, Southerland and Page be authorized to proceed to Sub -Phase B and complete the Schematic Design Phase. THE COURT ADJOURNED. REGULAR FEBRUARY TERM THE STATE OF TEXAS COUNTY OF CALHOUN J( BE IT REMEMBERED, that on this the 1990, there was begun and holden at Port Lavaca, said County and State, of the Commissioners' Court, within there were present on this date the Court, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn (Absent) Mary Lois McMahan, HELD FEBRUARY 12, 1990 12th day of February, A. D. the Courthouse in the City of at 10:00 A. M. a Regular Term said County and State, and following members of the County Judge Comm., Prct. 1 Comm., Prct. 2 Comm., Prct. 3 County Clerk whereupon the following proceedings were had: 515 BIDS AND PROPOSALS - GENERATOR, EMS Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the County Auditor be authorized to advertise for bids for a 15KW generator for EMS, to be paid out of the EMS Sinking Fund, Bids to be opened March 12th at 10:00 A. M. LIBRARY - GIFT DEED, CITY OF PORT LAVACA Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the Gift Deed from the City of Port Lavaca for donation of real estate for new library be accepted and that the City of Port Lavaca be thanked -for their generosity. BIDS AND PROPOSALS - HOSPITALIZATION INSURANCE John S. Brewton with Mass Group Marketing Inc: reviewed the bid for hospitalization insurance submitted by Consolidated Welfare Fund on January 31, 1990. .The Court took no action at this time otherrthan ask that a self -funding plan be presented at a subsequent meeting. JAIL - ANNUAL INSPECTION The Court made their annual inspection of the county jail. ACCOUNTS ALLOWED - COUNTY Claims totalling $149,169.57 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Belk, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $206,996.04 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. APPROVAL OF MINUTES Minutes of meetings held by the Commissioners' Court on Sept. 15th, 27th, October 9th, 13th, 30th, 31st, November 9th, 13th, 17th, 30th, December llth, 15th,28th, January 8th, 1990, 12th and 31st, were read, wherexipon a motion was made by Commissioner Smith, seconded by Commissioner Mikula, and carried, that said minutes be approved as read. 0 • 516 • • LIBRARY - CHANGE ORDER #2 Motion by Commissioner Mikuia, seconded by Commissioner Smith, and carried, that change order #3 be approved which deletes testing fees in the amount of $2,400.00 and corrects change order #1 in the amount of $1,898.00 for a net change of minus $502.00. CHANGE OWNER p ARCHITECT ❑ ORDER CONTRACTOR FIELD ❑ AIA DOCUMENT G701 OTHER PROJECT: Calhoun County Main Library (name, address) Calhoun County, Texas TO (Contractor) {� Rexco Inc. P.O. Box 416 Port Lavaca, Texas 77979 CHANGE ORDER NUMBER: 2 ARCHITECT'S PROJECT NO: CCL00 CONTRACT FOR: New Construction L I CONTRACT DATE: December 28, 1989 You are directed to make the following changes in this Contract: 1. Testing Lab Fees to be deducted from contract - $ 2400.00 ( provided by County) 2. Correction to Change order No. 1 to be added to contract sum. This amount was deducted twice, + $ 1,898.00 once on Item No. 3 - Paving Work, and another time on Item No. 4 - Sitework at Elookdrop. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . $ Net change by previous Change Orders . . . . . . . . . . . . . . . . . . E The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . E The Contract Sum will be (Of7hl$" (decreased) WjitVo oyby this Change Order . . . E The new Contract Sum including this Change Order will be . . . . . . . . . . . $ The Contract Time will be (jfytfol"lo fflopo)/(unchanged) by The Date of Completion as of the date of this Change Order therefore is Reitzer Cruz Architects Inc. A3707 N St Marv'I^ #100 Address San Antonio, Texas 78212 Rexco Inc. CONTRACTOR __P.O._)dOX 416 Address Port Lavaca Texas 77979 .i AIA DOCUMENT G701 • CHANGE ORDER . APRIL 1970 EDITION • AIA® • O 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 724,591 • 00 724 591 • 00 602 • 0> 724,089 • 00 ( 0 ) Days. Calhoun County OWNER 301 S. Ann Address __ �1 ONE PAGE THE COURT RECESSED UNTIL FRIDAY, FEBRUARY 16, 1990, 10:00 A.M. 517 FRIDAY, FEBRUARY 16TH, 10:00 A. M. COMMISSIONER HAHN ABSENT BIDS AND PROPOSALS - FETAL HEART MONITOR, HOSPITAL The only bid received for artfetal heart monitor was the bid of Corometrics Medical System, Inc. in the amount of $12,342.70, • whereupon a motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the low bid of Corometrics in the amount of $12,342.70 and the options in the amount of $1288.30 for a total price of $13,631.00 be accepted. HOSPITAL - RENOVATION FINANCE COMMITTEE Motion by Commissioner Smith, seconded by Commissioner Belk, and carried, that the following persons be named to the Hospital Renovation Finance Committee: 1. Ed Wagner 2. Don Lenertz 3. James F. Houlihan 4. Dr. Paul Bunnell 5. Ben Comiskey 6. Jesse Rodriguez • COUNTY TREASURER'S MONTHLY REPORT The County Treasurer presented her monthly report and after reading and verifying same, a motion was made by Judge=Hernandez, seconded by Commissioner Smith, and carried, that said report be approved. TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT The Tax Assessor -Collector presented her monthly report and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Belk, and carried, that said report be approved. HIGHWAY PATROL - COMPUTER 0 Mike Gibson, Trooper with Texas Highway Patrol met with the Court to discuss the possibility�of purchasing a computer for their department. The Court took no action at this time. 518 LIBRARY - ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS #1 Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the following supplemental instructions pertaining to the new library be approved: ARCHITECT'S Owner 121 SUPPLEMENTAL INSTRUCTIONS Architect In Consultant ❑ \f Contractor 10 Field ❑ AIA DOCUMENT G710 (Instructions on reverse side) Other ❑ PROJECT: Calhoun County Library ARCHITECT'S SUPPLEMENTAL (name, address) Ann & Mahan Streets INSTRUCTION NO: I OWNER: port Lavaca, Texas DATE OF ISSUANCE: 2/2/90 Calhoun County, Texas TO: Rexco, Inc. ARCHITECT: Reitzer Cruz Architects Inc. (Contractorko : Box 416 Port Lavaca, Texas 77979 CONTRACT FOR: Construction of LibraryARCHITECT'S PROJECT NO: CCLOO The Work shall be carried out in accordance with the following supplemental instructions issued in accord- ance with the Contract Documents without change in Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor change to the Work as consistent with the Contract Documents and return a copy to the Architect. Description: Payments to the General Contractor for material delivered to the Project eitA or Rexco Inc.'s owe construction yard shall be for 100% of the total material cost less 10% retainage, Attachments: (Here Insert INtlnr of documents that support description.) Letter fran Rexco, Inc- with regard to pre -construction conference discussion. • 519 RExco INC. P. O. BOX 416 PORT LAVACA. TEXAS 77979 512.552-5371 January 30,1990 Reitzer Cruz Architects Inc. 3707 N. St. Mary's Suite 100 San Antonio, Texas 78212 Attn: Mike Spahn RE; Calhoun County Library As per discussion at the pre -construction conference on the 16th of January I would like to follow up In writing concerning the amount to be paid on stored materials. In order to have a smooth running project, meeting schedules and deadlines, materials must be approved and ordered well in advance of their actual need for use. Many of these materials are special order or have prices that are only firm for a short period of time. Materials must be ordered and purchased when they are available. Since $ pament on addenda priory materials to the contractsigning Rex omentioned Inc.c. or its subcontractorsspecificationshe have made no provisions for this type of payment in their bids. I would like the Architect and the Owner to consider that if the material tgfor be made for oo8 of that materialrrial site or Rexca nc.'s yard less10% re ainege. henpayment manner I feel the projectr rwill suffer numerous delays and setbacks eas►welr If mateial payment Is not ndled In this or well as possibly putting some subcontractors in a compromising financial position. I would appreciate very much your immediate consideration and prompt reply in this matter. Very truly yours, Rexco Inc. 4 4 Stephan F. Haynes 1P 11 11 520 Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the architect be authorized a maximum of $3,500.00 for field and testing lab work. Calhoun County Library 301 South Ann Port Lavaca, Texas 77979 February 8, 1990 Judge Alex Hernandez and County Commissioners Calhoun County Courthouse 211 South Ann Port Lavaca, Texas 77979 Gentlemen: • Enclosed is a letter from Reitzer Cruz Architects requesting authorization to spend approximately $3,500.00 for field and testing laboratory services at the new library site. Please accept this request to place this item on the agenda for the next Commissioners' Court meeting for approval. Thank you for your cooperation. • Sincerely, L-, 'Djan Rollins Member, Building Committee 52 4V ■ Joel V Reitzer, Jr., A.I.A. ■ Louis M. Cruz, A.I.A. CJ February 2, 1990 Mr. Dan Rollins President, Calhoun County Library c/o First State Bank & Trust 311 N. Virginia Port Lavaca, Texas 77979 Dear Dan: Regarding field and testing laboratory services for the library, I recommend requesting approximately $3500.00 from Commissioners Court for this purpose. Rexco had $2400.00 in their bid for this purpose, but was providing a minimum number of tests in our opinion. The $3500.00 would permit us to provide the number and type of tests which would be required on a situation basis and would not necessarily tie us to the agency the Contractor selected. 1. A change order deducted $2400.00 from the Rexco Contract has been submitted and approved. Therefore an additional $1100.00 would be required over the previous amount. 2. We would authorize these services as an allowance and would either pass these services through our contract or approve invoices for the County to pay directly to testing agencies. I trust this will meet your needs. Sincerely, Cloel V. Reitzer JVR/kk enclosures KEI I ZEK CRUZ AKCI It VECTS, INC. ■ 3707 N. SI. Mary, ■ Suile Jim ■ San Antonio, Texas 76212 ■ 512/736-6605 ■ A Partnership of Incorporated Architects • E • 522 RESOLUTION - FARM TO MARKET ROAD 1090 RENOVATION & EXPANSION Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the following Resolution be adopted: RESOLUTION ADDRESSING THE DESIGNATION AND EXTENSION OF FM 1090 AS A STATE HIGHWAY FROM THE CALHOUN COUNTY LINE TO INTERSECT WITH UNITED STATES HIGHWAY 87 SOUTH OF PLACEDO, TEXAS AS AN ADJUNCT EMERGENCY ESCAPE ROUTE AND • ECONOMIC DEVELOPMENT CORRRIDOR WHEREAS, in order to provide Victoria and Calhoun County residents with viable hurricane evacuation route during extreme rainfall conditions; and WHEREAS, the STATE OF TEXAS has experienced trying eco- nomic times during the mid to late part of the 1980's; and WHEREAS, the creation and retention of job opportunities that bring new economic development is the highest civic priority; and WHEREAS, the retention of present day jobs and the crea- tion of new jobs and investment will benefit the STATE OF TEXAS economy, provide needed opportunity for upward mobility of all of its citizens, strengthen the real estate market and generate • new tax revenue to support state and local services; and WHEREAS, the STATE OF TEXAS must become and remain compe- titive with other states across the nation in the expansion of the existing economic base and the attraction of new exonomic benefactors; and WHEREAS, the Formosa Plastics Group has committed to construct a 1.32 Billion Ethylene Production Facility at Point Comfort, Texas; and WHEREAS, to assure a common, coordinated effort to pro- mote meaningful economic development and diversification within Calhoun and Victoria Counties; and WHEREAS, the designation and extension of FM Hwy. 1090 as a State Highway into Victoria County to intersect with United • States Highway 87 south of Placedo, Texas will provide: (1) An additional hurricane evacuation route for the citizens of Victoria and Calhoun Counties. (2) Mutual economic benefit to both Victoria and Calhoun Counties through the expansion of commerce. (3) The facilitation of growth and the enhancement of the Calhoun -Victoria Foreign Trade Zone. 523 (4) An additional highway to serve the needs of traffic going through both Calhoun and Victoria Counties for business and recreational purposes along the Texas Gulf coast. NOW, THEREFORE, BE IT RESOLVED that the Calhoun County Commissioners' Court does hereby (1) Join with the Victoria County Commissioners' Court in supporting the designation and extension of FM Hwy. 1090 into Victoria County as a State Highway, and (2) Join with the Victoria County Commissioners' in requesting the Texas State Department of Highways and Public Transportation to designate and extend FM 1090 as a State Highway into Victoria County to intersect with United States Highway 87 south of Placedo, Texas. PASSED AND APPROVED on this 12th day of January,1990. COM ISS ti RT F CALHOUN COU XAS By: Alex H n dez, Coun y udge Lero el o 1 sioner, Prec. S anley iku a, Commissioner, Prec. #2 !� y% X Roy Nesmith, Commissioner, Prec. #3 Oscar F. Hahn, Commissioner, Prec. #4 ATTEST: AuerMe Mary gois McMahan, County Clerk 524 CONTRACTS AND AGREEMENTS - REGION III EDUCATION SERVICE CENTER - COURTHOUSE ANNEX Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the foAlowing agreement be approved between Calhoun County and Region III Education Service Center for office space in the Courthouse Annex. ' AGREEMENT BETWEEN Region III Education Service Center. Victoria, Texas, AND Calhoun County Commissioners Court Port Lavaca Texas From November • June 30, 1990, Calhoun County will provide to Region III Education Service Center, Victoria, Texas, the use of one room in the Calhoun County Courthouse • Annex, Port Lavaca, Texas, for the computer assisted instruction project and related activities. Region III Education Service Center will reimburse the County up to $400 per month for the project's proportionate costs of building space, utilities, telephone, and janitorial services. APPROVED: Region III Education Service Center Executive Director Date r APPROVED: a- ►(4 - -io Date 525 ACCOUNTS ALLOWED - COUNTY Claims totalling $211,078.73 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Belk, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $260,125.37 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Belk, seconded by Commissioner Smith, and carried, that said claims be approved for payment. THE COURT ADJOURNED. SPECIAL FEBRUARY TERM THE STATE OF TEXAS X X COUNTY OF CALHOUN HELD FEBRUARY 28, 1990 BE IT REMEMBERED, that on this the 28th day of February, A. D. 1990, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Alex R. Hernandez Leroy Belk (Absent) Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: HOSPITAL - RENOVATION FINANCE COMMITTEE The Court met with the Hospital Renovation Finance Committee to discuss the committee exploring some ainovative financing for renovation of the hospital. The following questions wer asked by members of the committee: Q. What financial commitments does the County have outstanding? A. Possibly as much as $250,000.00 on the new library but will furnish committee a library report. Q. Does the County have any financial commitment on the Seadrift ballpark. A. No. •f • 54 Q. How about Little Chocolate Bayou Park? A. $20,000.00 or $30,000.00 maximum. The balance paid by a grant from Texas Parks and Wildlife Dept. Q. What about a new jail? A. It TDC starts taking their prisoners it will relieve the county. • Q. What timetable does the Court have? A. Would like a report from the committee by March 22nd, if possible. The committee was to have their first meeting in the jury room today. GOLDEN CRESCENT REGIONAL PLANNING COMMISSION - TOURISM ADVISORY COMMITTEE By general consensus the Court named Helen Huron to the Tourism Advisory Committee. BIDS AND PROPOSALS - FUEL • Bids were received from Diebel Oil Co., C. L. Thomas and Mauritz Co. for fuel for the month of March. A motion was made by Judge Hernandez, that the bid of C. L. Thomas as the lowest and best bid be accepted for fuel for the month of March. Motion died for lack of a second. A motion was made by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the bid of Diebel Oil Co. be accepted for fuel for the month of March. SANITARY LANDFILL - FENCE Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the fencing job at the lanfill be accepted-. BIDS AND PROPOSALS - LAW ENFORCEMENT INSURANCE • Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the County Auditor be authorized to advertise for bids for law enforcement liability insurance. 527 SANITARY LANDFILL - CHAMBER OF COMMERCE BEAUTIFICATION COMMITTEE Motion by Commissioner Smith, seconded by Commissioner Mikula, and carried, that the Chamber of Commerce Beautification Com- mittee be authorized to use the landfill on March 31st. ACCOUNTS ALLOWED - COUNTY Claims totalling $101,660.31 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - COUNTY Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the bill of Special Equipment Services for a pump for the Port O'Connor fire truck be paid out of contingency in the amount of $2,272.10. Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the bill of Stewart & Stevenson for Maint. Agreement on generators be paid out of contingency in the amount of $455.00. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $38,621.78 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Hahn, seconded by Commissioner Smith, and carried, that said claims be approved for payment. HIGHWAYS, -STATE AND FEDERAL - RENOVATION AND EXPANSION OF FARM TO MARKET 1090 Mayor Kenneth Lester and Commissioner Mikula voiced concern that no parallel parking or left turn lane is included in the plans for renovation and expansion of F. M. 1090. A motion was made by Commissioner Mikula, seconded by Commis- sioner Hahn, and carried, that Judge Hernandez -contact the Highway Department to see if they will consider expanding highway improvements on FM 1090 to include a left turn lane. • • i 528 TAXES, GENERALLY - HISTORIC STRUCTURE TAX FREEZE, FAY BAUER STERLING AND RUSSELL & DORIS CAIN Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that Fay Bauer Sterling and Russell & Doris Cain be granted a tax freeze on historic structures they own on Main Street in Port Lavaca. DATE MEMORANDUM FROMs BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS TOs COMVJ SSIONERS COURT OF CALHOUN COUNTY, TEXAS THE BOARD OF REVIEW RAS DULY CONSIDERED ND INVESTIGATED THE APPLICATION OF -1 fr gwl-'t r'Qyi L'%4— FOR AN HISTORIC STRUCTURE PRESERVATION -TA FR EZE ON THEIR PROPERTY LOCATED AT _ a HAr� :tr V•n PORT LAVACA', CALHOUN COUNTY,. -TEXAS.- THE PROPERTY IS AP ROXI_ • MATELY YEARS OLD, AND IS KNOWN AS L a. i) ON THE BASIS OF THE INFORMATION SUBMITTED TO OUR 4 RECOMMEND THAT THE APPLICATION FOR EXEMPTION BE APPROVED. THIS APPLICATION HAS BEEN PREVIOUSLY APPROVED BY THE CITY OF PORT LAVACA AND THE CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT. Dons d Lenertz, Chairman C J E BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS COUNCIL MEMBERS: 2-year terms '~ 552-7531 (Beans) -Fred Jo6es, 009 Brookhollov Tiney Browning, 1811 Jackson 552-9459 RESIDENTS: 3-year terms 552-9788 (Wave) ]Chester Surber, P. 0. Box 88, Port Lava .552-3589t- Donald Lenertz, 1706 W. Austin 552-9419 Jim Chatelle, 102 Travis 552-8809 TAX. ASSESSOR AND COLLECTOR (Keith Matlock) Appointments to Board made by City Council at September 28, 19B7 meeting. u • • n LJ • DATE: 11LjiLJ0. MEMORANDUM FROM: BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS TO: CITY COUNCIL OF THE CITY OF PORT LAVACA THE BOARD OF REVIEW HAS DULY CONSIDERED AND INVESTIGATED THE APPLICATION OF <Ag E- Sit 64,rj (�°�Q L FOR AN HISTORIC STRUCTURE ESERVAT & TAX FREEZE ON THEIR PROPERTY LOCATED AT 301 Main Port Lavaca Texas PORT LAVACA, TEXAS. THE PROPERTY IS APPROXIMATELY 82 YEARS OLD, AND IS KNOWN AS CRUSE BUILDING (1900) STERLING BUILDING (1947) ON THE BASIS OF THE INFORMATION SUBMITTED TO OUR BOARD, WE RECOMMEND THAT THE APPLICATION FOR EXEMPTION BE APPROVED. DonaltFLenertz, Chairman CJ&faip r5trcct `P{oject POI Lavaca APPLICANT NAME: FAY BAUER STERLING ADDRESS: 401 S Commerce St. Port Lavaca, Texas 77979 TELEPHONE: 552-5355 / DOB: / SOCIAL SECURITY NO.: TAX ID#: BUILDING OWNER NAME: ADDRESS: TELEPHONE: BUILDING INFORMATION BUILDING NAME/USE: HISTORIC NAME: ADDRESS: LEGAL DESCRIPTION: BUILDING AGE: SQUARE FEET: January 13, 1914 465-09-3066 � Port Lavaca, Texas 77979 552-5355 "STERLING BUILDING" 301 Main Port Lavaca Texas — Part of Lots 2 and 4 Block 3 Georgetown Addn. City of Port Lavaca, Calhoun County, Texas. ' 1907-1989 (82 ears) 8.500 • • is 532 533 I C%fain street Project Port Lavaca 19 PART I: DESIGN APPROVAL DESIGN CONSULTATION A. Have you consulted with the Main Street Project Architect about your building's exterior improvement plan? Yes x No B. Have you consulted with another architect or contractor? x Yes im C. If you did consult with another.architect or contractor, please give that professional's name and address. Name: Pablo Hinoiosa Address: 1208 Tilley Addn. Port Lavaca, Texas II. EXTERIOR IMPROVEMENT PLAN Please submit the following information: A. Photograph(s) of the buildinq which show the present form - and condition of the structure. Black and white or color prints, snapshots, or instant prints are acceptable. B. Drawings and plans of the building which illustrate all proposed work. This includes any structural work or re- pair, paint colors, awnings, signs, etc. C. Information on the methods and materials to be used. D. Cost estimates of all proposed work. Please itemize the estimates. PLEASE RETURN TO MAIN STREET OFFICE • • 534 A, -Main street `Project Port Lavaca PART II: FINANCIAL APPROVAL I. REQUIRED DOCUMENTATION Please submit the following: A. Personal and/or business financial statement. (Include name, address, Tax ID#, Individual's • Social Security Number, and DOB). B. Credit references. C. Proof of ownership (copy of deed). D. Cost estimates of proposed work. II. AUTHORIZATION FOR CREDIT REVIEW Please read and sign the following statement of authorization. I, the undersigned, do hereby authorize The Board of Review to review and verify the financial statements and synopsis of credit submitted with this application. NAME • PLEASE RETURN COMPLETED PART II TO THE OFFICE OF THE SERVICING AGENCY FOR THE MAIN STREET LOAN PROGRAM. DELIVER OR MAIL TO: 535 Expenses 3 roBfs one tin 2 bui't up labor tnd material EE56.CO Repair stucco wall outside 65C.00 Cleaning outside wall & Painting 1600.00 Repair upstairs floor replace 2/10 studding bracing 2/4 1100.00 Take out terrazo floor -jack up wa11 pour concrete beam & floor 2250.00 Replace 7 broken windows & 3 restrooms 1500.GO 5 ceilings replaced 22C0.00 Carpet 3200.00 Total 21350.00 • • • 536 a M 0 I He C e SMITH ET AL TO JOHN STERLING ET UXe STATE OF TEXAS, COUNTY OF CALHOUN* G WARRANTY DEED V/ITI! VEIIDORIS LIEN ( DATED:.' JA1IUARY 2, A. De 1947 ( FILED: JANUARY 169 At, D. 1947 ( RECORDED III-VOL, 55, PAGE 1390 DEED ( RECORDS, CALIIOUN COUIITY, TEXAS. 1 K1107I ALL LlEll BY THESE PRESEIITS: That we, He C. Smith and w ife, Franlcie Be Smith, Vie 11, Bauer and•wife, Marjorie Re Bauer, and J. R. Clergg and wife, Marie P. Clegg, all of Calhoun County, Texas,f or and in consideration of the sum of Twenty-five Thousand & No/100 Dollars to us paid, and secured to. b e peAd by John Sterling and wife, Fay Sterfling, as follows: Five Thousand & No/100 ($5,000.00) Dollar cash iri hand paid, the receipt of which is hereby acknowledged and confessed, and Twenty Thousand & No/100 ($720,000.00) Dollars evidenced by one vendors li.en promissory installment note of even date herew3.th for the principal sum of Twenty Thousand & N0/100 ($20,000.00) Dollars, said note being due and payable to He C. smith, Vie He Bauer and J, Re Clegg at the First State Bank/at Port Lavaca, Texas, in 100 monthly installments in the principal sum of Two Hundred & No/100 ($20()9QO) Dollars each, the first installment being due and payable on or before t he 2nd day of p'eb- ruary, A. D. 1947, and an installment being dui and payable,on cr be- fore the 2nd day of each succeeding month thereafter until all of, said note, both principal and interest has been fully paid, which said note bears interest at the rate of five per cent per annum, interest Pay- able at the First State Bank of Port Lavaca, Texas, and it being pro- vided in said note that failure to pay any installment thereof, or any interest thereon, when due, shall at the oCjtion of the holder thereof, mature said entire note, and the lien herein reserved for the usual ten per cent attorneys fees if placed in the hands of an attorney for collection, or if cpilected by suit or through the probate 537 M r11IJ L_ or bankruptcy.ocurt, which said note is signed by the said John Sterl- ing and wife, Fay Sterling, and which said note specifically acknow- ledges the vendor's lien he•reir) retained and the deed of trust lien this day created in a deed of trust executed by Z�4ui Sterling and wife, Fay Sterling, as additional security to the paymelt of said note, sub- jeot to the herei{iafter men mentioned ressrvationCCq have granted, sold and conveyed, and by these presents do grant, seli and convey .unto the said John 3terlinf and wife, Fay Sterling of Calhoun County, Texas, all that certain ract or parcel of land situated )n Port ievacal Cal- houn County, Texap, being a portion of Lots Nosq Two (2) and Four (4) In Block No. Threp (3) of the Georgetown Addition to t he town of Port L+avaca,•TexaR, which portions of sots Nos. 2 and 4 In B1ocE llo. • 3 are described all f ollows r BEGINNING at the East side of thew all of the bVilding now occupied as t he Port Cleaners Tailorshop on North street; THENCE Southwest along the boundary line of Lot 2, Block 3 of 'the Georgetown Addition and North Street a distance of approximately 68 ft, 1 inch to the intersection of North Street and Guadalupe Street; THENCE in a Northwesterly direction alone the boundary line be- tween Lots 2 and 4. Bloolp 3 of the Georeetorrn Addition and Guadalupe Street a distance of 104 ft, to the boundary line between Lots 4 and 6, Block 3 of the Georgetown Addition tot he town of Port Lavaca; THENCE in•a Northeasterly direction alonS the boundary line of Lots 4 and 60 Block 3 of the Georgetown Addition a distance of 68 ft. • 1 inch to a stake; THENCE in a Southeasterly direction parallel to and 68 ft. 1 inch from Guadalupe Street a distance of 104 ft. to the place of BEGINNING, together with all improvements thereon situated, and being a part of the same land conveyed to 11. C. Smith, 19. 11. Bauer and J. R. Clegg by the Humble Oil & Refining Company by deed dated v December 79 1934, reoor4ed in Vole 239 Page 452 of the Deed Records •of•Calhoun County, Texas TO HAVE AND TO HOLD 4HH' 4HF s ., But it is expressly agreed and iHHFiHHF And provided further that so long as the a bbve dexcribed note, or any portion thereof, remains unpaid, the grantees above named shall keep said property insured in some responsible insurance company or pompantes s gainst loss by fire, hail, windstorm and tornado for the suns of Twelve Thousand to No/100 ($12,000e00) Dollars Wito loss o}guaeopayable to the holder of said note insofar as their interest appears, dHHmmHF The Grantors herein reserve unto themselves, their heirs and assigns, the right to use the Northeast wall of said building as a party wall between the building now occupied by the`Port Cleaners •on the herein oonveyed traot and the barber shop buiding located on the adjoining tract of ]and owned by the grantorayhereine iHHHF9HF WITNESS our hands this the 2nd day of January, A. D. 1947. Into Rev. Stamps $27e50 H.C.Se et al by D.D.S. L-16-47 • He C. Smith Frankie Be Smith IV. He Bauer Marjorie R. Bauer Jo R.'Clegg Marie Pe Clegg All acknowledged January 16th, Ae D. 1947 by De De Boyd, Notary Public in p.nd for Calhoun County, Texas 539 GLHO0=TEXAS77979 STRICT P. 0. 9STR€ET PO9 application for historic $1to propertytax Q,Wq'jPjjQP pr 1 -- This application povers property you gwngO on January 1 of ihiq year. You must flip thf� completed applicptlfatt hetwaen 41allUary 1 and Mpy 1 of this year. Sa sure to attach any addltl. .1 opcpment9 r@quested. You must apply fpr this exemption gyery yggr; ,t lrygl not pe putomatically renewed. Owner's own*m'w1e name and address FAY BAUER STERLING Present making sa(number sro4:•aat) 401 S. Commerce Street City, town or post office, data. zip cods falephone number Port LavacaTexas 77979 552-5355 Owrwr It a(n) 1] Irdtvi W 12 association ❑ corporation(] non pmfd oorporation Describe Legal description: "ie Part of Lots Two (2)'and Four (4), Block Three (3), property I Georgetown Addition, City of Port Lavaca, Calhoun County, Tx. List taxing Taxing unit Taxingund amoumor% City of Port La47- units that have granted an C. C. I. S. D. exemption Calhoun Count on the property. Has the Texas Historical Commission designated this property a recorded Texas historical landmark? (attach copy of order) ❑ Yea ® No (attach copy of each order Has only taxing unit listed above designated this property a recorded granting Texas historical "mark or a historic eke In need of tax ra0el? exemption) ( attach copy of each ordinance) W YBs L9 No Sign and S' we Date date jCZ: `J '/ 11-9-89 On behall of (ndne of organization) Tide Owner Under Section 37.10. Texas Panel code, It you make a false statement on this application, you could receive a )all term of up to 1 year and a fine of up to $2,000, or a prison term of 2 to 10 year• and a fine of up to $5,000. • • 540 r1 LJ • • DATE_ FAA La. r—' MEMORANDUM FROMs BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS Tot COMMISSIONERS COURT OF CALHOUN COUNTY. TEXAS THE BOARD OF REVIEW HAS DULY CONSIDERED AND INVESTI TED THE APPLICATION OF S S) IsLL /1� t1 Z i -! FOR AN HISTORIC RU URE PR j2VATI TAX REE2E ON THEIR PROPERTY LOCATED AT %4 - BG l xrl Z +� - AI.oG1L PORT LAVACA',. CALHOUN COUNTY,, TEXAS. 7liE P 0—� PER1Y S APPROXI MATELY !� (� YEARS OLD, AND IS KNOWN ASrr LrA ON THE BASIS OF THE INFORMATION SUBMITTED TO OUR BOARD, WE RECOMMEND THAT THE APPLICATION FOR EXEMPTION BE APPROVED. THIS APPLICATION HAS BEEN PREVIOUSLY APPROVED BY THE CITY OF PORT LAVACA A14D THE CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT. Don d Lenertz, Chairman wq 1 • BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS COUNCIL MEMBERS: 2-year terms �I )8�� -Fred Jones, 1009 Brookhollov 552-7 3 Ems+) T1ney Browning, 1811 Jackson 552-9459,b k, 11114 RESIDENTS: 3-year terms 552-978B (Wave) V(Chester Surber, P. 0. Box BB, Port,Lavaca: Lenertz, 2 Tr W. Austin 552-3589k ►Donald /, C` • 552-9419 iJim Chatelle, 10Travis � 552-8808 TAX ASSESSOR AND COLLECTOR (Keith Matlock) Appointments to Board made by City Council at September 28, 1987 mectl'%.- n -ILA( , It(,., C� 542 DATE: 11,1 «- Lf> MEMORANDUM FROM: BOARD OF REVIEW FOR HISTORICAL DISTRICTS AND LANDMARKS TO: CITY COUNCIL OF THE CITY OF PORT LAVACA THE BOARD OF REVIEW HAS DULY CONSIDE,�RED AND INVESTIGATED THE APPLICATION OF �jU 5S(' 1 l� /� n 10/i� T FOR AN HISTORIC S�iRUCT RE PR SERVATI N TAX FREEZE ON/,THEIR ` PROPERTY LOCATED -AT�pr OG i�1S IA DAe-ALock 3'K� GI/(��dN PORl�,T LAVACA, TEXAS. SHE PROPERTY IS APPROXIMATELY • Tf LNS YEARS OLD, AND IS KNOWN AS ON THE BASIS OF THE INFORMATION SUBMITTED TO OUR BOARD, WE RECOMMEND THAT THE APPLICATION YPR EXEMPTION BE APPROVED. NDona Lenertz, Chairman 0 543 &kfain street `Project Port Lavaca 71 W APPLICANT NAME: ADDRESS: TELEPHONE: DOB: SOCIAL SECURITY NO.: TAX ID#: BUILDING OWNER NAME: ADDRESS: TELEPHONE: BUILDING INFORMATION BUILDING NAME/USE: HISTORIC NAME: ADDRESS: LEGAL DESCRIPTION: BUILDING AGE: SQUARE FEET: Russell and Doris Cain Port Lavaca Tx 77979 512-552-6313 12-10-34 465-74-b951 . same Russell Cain Box 565 Port Lavaca Texas 77979 Port Lavaca Theatru (Theatre) Port Lavaca Theatre Part oL 2 and 4 Bik 3 Georgetown 50 plus years 4,000 plus feet • 544 Wain street Project Port Lavaca W PART I: DESIGN APPROVAL I. DESIGN CONSULTATION A. Have you consulted with the Main Street Project Architect about your building's exterior improvement plan? X Yes No •' B. Have you consulted with another architect or contractor? n Yes No C. If you did consult with another architect or contractor, please give that professional's name and address. Name: Lanny Marshall Address: Marshall Lumber - Port Lavaca II. EXTERIOR IMPROVEMENT PLAN Please submit the following information: A. Photograph(s) of the building which show the present form and condition of the structure. Black and white or color prints, snapshots, -or instant prints are acceptable. B._ Drawings and plans of the building which illustrate all proposed work. This includes any structural work or re- pair, paint colors, awnings, signs, etc. C. Information on the methods and materials to be used. D. Cost estimates of all proposed work. Please itemize the • estimates. PLEASE RETURN TO MAIN STREET OFFICE 545 `rat i "a k u X IYtlppu) t tlil+,y � III i.fiitti!i:i�''• • , • I II c%fa in Street Project Pon Lavaca 0 PART II: FINANCIAL APPROVAL REQUIRED DOCUMENTATION Please submit the following: A. Personal and/or business financial statement. (Include name, address, Tax ID#, Individual's Social Security Number, and DOB). B. Credit references. C. Proof of ownership (copy of deed). D. Cost estimates of proposed work. AUTHORIZATION FOR CREDIT REVIEW Please read and sign the following statement of authorization. I, the u rsigned, do here authorize tj to review a d verify the financial statements and synopsis of credit submitted with this application. PLEASE RETURN COMPLETED PART II TO THE OFFICE OF THE SERVICING AGENCY FOR THE MAIN STREET LOAN PROGRAM. DELIVER OR MAIL TO: 547 Qi"Real Estate FARM -RAN C H - RESI DE NT IAL•CO M M ERC IAL Hwy. 35 By -Pass Pat Lavaa, Texas 71979 RUSSELL L. CAIN Main Street Project Port Lavaca, Texas RE: Theatre Building Main Street Gentlemen: S.S. 465-74-6951 November 9, 1989 P.O. BOX 565 PHONE 512/552-013 Please be informed that the net worth of my personal assets, after deducting therefrom all debts, liabilities and obligations, exceeds Ten Thousand Dollars ($10,000.00). Sincerely, Russe 1 C in� Box 565 Port Lavaca, Texas 77979 • • RM • • 0 Q�Real Estate FARM -RANCH -RESIDENTIAL -COMMERCIAL Hwy, 35 By -Pau Pwt Lavaca. Texas 77979 RUSSELL L. CAIN November 9, 1989 Main Street Project Port Lavaca, Texas 77979 RE: Port Lavaca Theatre Building Main Street Gentlemen: P.O. BOX 565 PHONE 512/552-6313 The following information concerns the preservation and restoration of an historic structure located on parts of Lots 2 and 4, Block 3, Georgetown Addition, and presently known as the Port Lavaca Theatre Building. The estimated cost of repairs will be $4,000.00. For information of myself, please contact Ray Brown Port Comfort, Texas. Sin cer Rus el Cain'�'W v RC/ rc to the outside of the building regarding credit references of Victoria Bank and Trust, 549 �CQIALReal Estate FARM -RANCH -RESIDENTIAL -COMMERCIAL Hwy. 35 By -Pau Port Lavaca, Tons 77979 RUSSELL L. CAIN November 9, 1989 Main Street Project Port Lavaca, Texas RE: Port Lavaca Theatre Building Main Street Gentlemen: P.D. BOX 5% PHONE 512/5523913 The following contains methods and materials to be used in the preservation and restoration of an historic structure located on parts of Lots 2 and 4, Block 3, Georgetown other- wise known as the Port Lavaca Theatre Building, Main Street, Port Lavaca, Texas 77979. ' n LJ • Repairs to be made to the outside of the building are as follows: 1) Remove all rotten wood from around the front of the building. 2) Replace or repair all broken windows and replace front door. 3) Repair roof where needed. 4) Repaint front of building in white and trim with a bright color. 5) Repair back of building and replace door on back storage building. 6) Add two 1890 street lights and benches. 7) Do other necessary repairs to dress the building for • new 1936 appearance. Sincer Ru el Cain 04'V RC/rc 550 RvW&CCU#t Real Estate FARM -RANCH -RESIDENTIAL -COMMERCIAL Hwy. 35 By -Pass Pat Lavam, Texas n979 RUSSELL L. CAIN November 9, 1989 Main Street Project Port Lavaca, Texas RE: Port Lavaca Theatre Building • Gentlemen: • P.O. BOX 565 PHONE 5121552-6313 The attached is the legal property description of the Main Street property as required in the application process for the Main Street Project tax relief, subject to the follow- ing: 1) Any and all easement and building set back lines as shown by plat record in Volume R, Page 507, of Deed Records of Calhoun County, Texas. 2) All visible and apparent easements and rights. of way over, under and across the attached described property. I am applying for a 5 year tax freeze on the Port Lavaca Theatre Building, Main Street, Port Lavaca, Texas 77979. Sincere Rus 1 ai� �. RC/rc 551 I WARRANTY DEED WITH VENDOR'S LIEN 176995 THE STATE OF TEXAS I CO11K1 I KNOW ALL MEN BY Ur CALHOUN az PRESENTSt THAT, SNEAKER'S INC., Of Harris County and State of Texas, hereinafter termed Grantor, for and in consideration of the Sum of TEN AND N01I00 DOLLARS ($10-00) cash, and other good and valuable consideration paid and secured to be paid by RUSSELL CAIN of Box 565, Port Lavaca, Calhoun County, Texas 77979, hereinafter termed G . rantee, as follows$ The execution and delivery by Grantee of his one certain Promiss- ory Note in the SUM Of NINE THOUSAND FIVE HUNDRED AND N Fro 0/100 DOLLARS. F. ($91500-00), according to 119. . the terms and conditions therein stated and being due and payable to FIRST NATIONAL BANK IN PORT LAVACA, or order; 1:t said Note representing part of the purchase money loaned to Grantee herein at Grantee's request by the said FIRST NATIONAL BANK A IN PORT f LAVACA, on the property hereinafter described and the receipt of said SUM is hereby acknowledged and confessed by Grantor. The Note is further secured by a first and superior Deed Of Trust of even date herewith executed by Grantee to W. H. BAUER, JR., Trustee, for the use and benefit of the holder thereof. The Grantor herein expressly transfers and assigns to FIRST NATIONAL BANK IN PORT LAVACA, all Of Grantor's right, title and interest inthe first Vendor's Lien hereinafter retained to secure the payment of the above described p Note and any and all renewals and extensions thereof, have GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY ti unto the said Grantee all of those certain tracts, lots or parc els of land situated in Calhoun County, Texas, and described as follows to-wit3 .1 ILA: • 0 '0552 All that certain lot, tract or parcel of land lying and being situated in Port Lavaca, Calhoun County, Texas, being the North- east 33 feet out of Lots Two (2) and Four (4) of Block Three (3) of the Georgetown Addition to the town of Port Lavaca, Texas, and described by metes and bounds as fol+owss , �:�•_. BEGINNING on the boundary line between Lots One (1) and Two (2) on North Street in the town of Port Lavaca, TexaeJ ' THENCE along the boundary line between Lots One (1) and Two (2) and Lots Three (3) and Four (4) in a Northwesterly direction a . ` distance of 104 feet to the boundary line of Lots Four (4) and Six (6), Block Three (3) of the Georgetown Addition to the town of Port Lavaca, Texas) THENCE in a Southwesterly direction along the boundary line between Lots Four (4) and Six (6), Block Three (3) of the George- town Addition a distance of 33 feet) THENCE in a Southeasterly direction parallel to and 33 feet from the boundary line between Lots Three (3) and Four (4) and Lots One (1) and Two (2), Block Three (3) of the Georgetwon Addition a distance of 104 feet to a point in the Southeast line of Lot Two ( 2 ) in Block Three (3); *i THENCE along North Street following the Southeast line of Lot 00 Two (2), 33 feet to PLACE OF BEGINNING. SUBJECT TO ANY AND ALL RESERVATIONS, EASEMENTS AND RESTRICTIONS WHICH APPEAR OF RECORD AFFECTING THE ABOVE DESCRIBED PROPERTY. ..r .•::�: TO HAVE AND TO HOLD the above described premises together with .. all and singular the rights and appurtenances thereto in anywise be- ' longing unto the said Grantee, his heirs, successors and assigns for- ever) and Grantor does hereby bind itself and its successor to WARRANT AND FOREVER DEFEND all and singular the said premises into the said Grantee, his heirs and assigns,- against every person whomsoever law- i.'.' fully claiming or to claim any part thereof. Taxes for the current year have been prorated and.are assumed by Grantee.. , But it is expressly agreed that the Vendor's Lien, as well as the Superior Title in and to the above described premises and improve- menes until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when �••' - this -Deed shall become absolute. a EXECUTED on this the day of December, A.D. 1984. _21 • ' { SHEARE ' S INC. s BY TITLEt 7'71 t"3 N before me on corporation, an of on. Notary Public In and for the State of Texas. 1j.4,?,1.4ie4 ,0 00AIAt 4-1100A,0 rs xeii3621R7 THE STATE OF TEXAS COUNTY OF CALHOUN 1, MARY LOIS MCMAHAH, County Clerk In and for said County, do herby certify 7. that the foregoing Instrument, with Its certificate of authentication, was filed for record In my office, on the 15tfi day . of Tantlary A.D. 19 R at 3-15 o'clock P - M., and duly recorded the 16th -day of Jan. , A.D. 111— 85 In the Deed Records in said County, In Vol. 381-On 770-772 Or and Real Of the County Court of said County, Of office In Port Lavaca, Texas, the day 4 1 bove named MARY LOIS McMAHAN Clerk. County CO C oun Co ty Deputy Fredd e A. hively THE COURT ADJOURNED. 554 N 0 I 0 0 REGULAR MARCH TERM HELD MARCH 12, 1990 THE STATE OF TEXAS X COUNTY OF CALHOUN j( • BE IT REMEMBERED, that on this the 12th day of March, A. D. 1990, there was begun and holden at the 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 towit: C Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - GENERATOR. EMS The following bids were received for a generator for EMS but no action was taken at this time: 9 HAYES ELECTRIC SERVICE 814 West Main PORT LAVACA, TEXAS 77979 MARCH 11, 1990 CALHOUN COUNTY COMMISSIONERS COURT PORT LAVACA, TEXAS RE: CALHOUN COUNTY EMS GENERATOR BID PACKAGE WE PROPOSE TO FURNISH THE NECESSARY MATERIALS AND LABOR TO INSTALL THE GENERATOR PACKAGE AS SPECIFIED FOR THE SUM OF; TEN THOUSAND THREE HUNDRED DOLLARS & N01100's.($10,300.00). INSTALLATION SHALL BE COMPLETE WITHIN THIRTY DAYS OF AWARD OF CONTRACT. HENRY//(iAYES"j HAYES ELECTRIC SERVICE 555 r0�1n6M1 rage NO. of rages SMITH ELECTRIC CO., INC. P. O. BOX 174 ' 1 210 E. AUSTIN ST. PORT LAVACA, TEXAS 77979 (512) 552-3300 or 552-5900 PROPOSAL SUBMITTED TO PHONE DATE. B.H. Comiske , Jr. C.P.A. 3-12-1990 STREET - JOB NAME County uditor GENERATOR CITY, STATE AND ZIP CODE JOB LOCATION Port Lavaca, Tx. CALHOUN COUNTY EMS ARCHITECT IJOB PHONE We hereby submit specifications and estimates for: PROPOSAL 1: 1503C-3CR Onan Generator as specified -no Exceptions•... _- Installed Immediate Shipment Available $11,370.25 . PROPOSAL 2: Generac SGO15 (15 KW 60HZ) with the exception to "L".. necessary controls to switch from one battery to the other". We are providing an engine with battery charging alternator, trickle charger for 110 VAC and one 75 amp/hour battery - NO two batteries or switchover. We also are furnishing water cooled in lieu of AIR. Submittal Sheet Attached. 90 day delivery. $10,725.00 Or f ropoor hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars ($ ) Payment to be made as follows: All material is guaranteed to be as specified. All wore to be completed In a workmanlike Authorized manner according to standard practices. Any alteration or deviation from above spet.fire Signature lions Involving extra costs will be enecuted only upon written orders. and will become an extra charge over and above the estimate. All agreements contingent upon strikes. accidents Note: This proposal may be or deb" beyond our control. Owner to terry fire, tornado and other necessary insurance Our workers are fully covered by workman's Compensation Insurance. withdrawn by us if not accepted within 30 days. Arreptenre of f roposal—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Dale of Acceptance: Signature • • is 556 • MECO - MARINE ELECTRICAL COMPANY r PH. 552-67.75 • RI. 2 Box 455-B PORT LAVACA, TEXAS 77979 24 HOUR -SALES SERVICE • SUPPLY MARINE (e OFFSHORE OILFIELD (e INDUSTRIAL AC & DC Motors, Controls, Generators - Air Conditioning, Refrigeration, Heating "Professional Qualify Workmanship and Expertise Are Our Standard" 512-553:4610--------1._�Li�4----.. SIPl EI JOB NAME 211.9.- Ann - _County Courthouse Generator for Calhoun County E.M.$% CITY. $IAIF AI10 ZIP CODE 100 IOCAiIOIJ --- - - ---_Fort-Lava ca.-T7L-77973----------------- —216 _ ABCIIII[CI VAl[ Of PIAIJi Joe PIIOIJP -... NAN�A Port Lavaca,TX I ceg-„hn Wu I... ufti...... s I... One complete emergency standby -generator = WINCO 20 K.W. SINGLE PHASE MODELF # APS20000 (2 to 3 weeks allowable delivery) with complete electrical installations including all the additional requirements listed on the specification sheet lettered A through N, including a NEW EXTERNAL 125 AMP RATED TRANSFER SWITCH, with two 12 V.D:C. batteries 650 cranking amps or two lD industrial batteries with a La Marche Automatic Charger MODELi # A22-10-12V. Above generators batteriess La Marche charger and complete installation to be fully warrantied for 12 months after final installation date on a 24 HR. BASIS with all materials and labor at NO CHARGE during WARRANTY PERIOD. We Propose IwruLy to Iwnhh rrrolm iul onJ lubm maple la in o[mrdmuu wish obu.0 +Vu[Hi..limo. Im tl... .I FI1'1EEN TKP5AJ4D_NINE HUNDRED SIXTY NINE DOLLARS _ ANDSEVENTY CENTS Join_ 15�969.70 Paymm.l Io 6e n.adu of lullowsr - --_- ______,0 umn�omp�etion of insulation when invoiced separately. All n,ubri.l b quo.orne.J to be asspu(iliud All work to be con,loled u,k„w,. Lku , m.liuq to r1.nn J.,J pnrh.r. A,., .be,urimr Jo.rorm, Lum ub.. rpm❑:mrimn a .pbb,q ob. mm will be eJ onl, upon wnrlmr .,Jm. . d ..di Le.wn. an ..ua almrq. m.. o d .b.v t),..rlb.,ul.. Acceptance of Proposal-U,..bo., pricei..,,ocaor o,ier,s nd <u.dnlum ... tmhluolor. end o,. b.,.by ....p. nI led, Y..u.rbure. • ru Jo, lb, wo,k or ".[III.J. P.,nm..I -,IT be mo.h: or oullinoJ uLrru hula of PACs 693 ] W t.: Ild. Proposol moy bo withdrawn by us it npl uu.p l.J wilLi—, 5- -_ 1,." Signolmo 557 RESOLUTION - "WAR ON DRUGS" Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following resolution be adopted: STATE OF TEXAS $ IN THE COMMISSIONER'S COURT COUNTY OF CALHOUN S OF S CALHOUN COUNTY, TEXAS KNOW ALL MEN BY THESE PRESENTS WHEREAS, the Sheriff of Calhoun County has sought the Court's approval to boost manpower and equipment for use in combating narcotic - related crime by way of a federal drug enforcement program; and WHEREAS, the Sheriff and members of the Commissioner's Court have determined that it would be in the best interest of Calhoun County to submit a grant application to the Criminal Justice Division fo the Governor's Office, for funding a multi -jurisdiction drug unit; and WHEREAS, local funding in the amount of Seventeen Thousand ($17,000.00) dollars, or 25% of Grant is available in support of such programs; NOW, THEREFORE, be it RESOLVED, that the Commissioner's Court of Calhoun County supports such grant application, and that the County Judge be authorized to sign same on behalf of said County. ADOPTED by the Commissioner's Court, this 12th day of March, 1990'p�cr''fy which witness my hand and seal. COMMI SIO URT ' By Alex n �/�! r_,''Prec. #1 Roy W Smith Commissioner, Prec. #3 Att�tte}sty';. Mary L is McMahan Stariley L, Y ula Commissio r, Prec. #2 Oscar F. Hahn Commissioner*. Prec. #4 • • is County Clerk 558 LIBRARY - TEXAS LIBRARY SYSTEM Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the County Judge's signature be approved on the Library's Annual Report/System Membership Application form to Texas Library System. SYSTEM MEMBERSHIP APPLICATION FORM Authorization to Apply for New or Continuing System Membership dhPAPY NAME: Calhoun county Library CCTV. Port. Lavaca This Authorization for Application should be completed only for the following reasons: • Your library is applying for new membership In the Texas Library System • Your library wishes to continue its membership in the Texas Library System for the upcoming state fiscal year (SFY 1991). All signatures are necessary. Current members of the Texas Ubtary System MUST ob- tain all necessary signatures if they wish to Continue their System membership during SFY 1991. Signatures of city secretaries, county clerks, and so forth are nut valid substitutions for the signatures of mayors, city managers, county judges, or school superintendents. IF you are unable to obtain all necessary signatures before this form is due at the State Library, THEN send to the State Library all other pages except this Authorization and indicate approximately when the Authorization for Application will be forthcoming. After obtaining the required signatures, mail this page to the Texas State Library at your earliest convenience. By signing this form, the applying library is certifying that the infor- mation presented in its Artnual Report for Local Fiscal Year 1989 is complete and accurate. 519NATURE or Library Board Chair Page 9 JoAnne P. Weaver Typewritten or printed name Judge 559 UTILITY PERMIT - GENERAL TELEPHONE COMPANY, PRECINCT NO. 1 Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following permit be approved: MC 600647 ED-135 (REV.1.86) GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION DATE 02-27-90 TO THE COMMISSIONER'S COURT OF CALHOUN COUNTY ATTENTION COUNTY JUDGE: ALEX R. HERNANDEZ CALHOUN COUNTY COURTHOUSE PORT LAVACA, TEXAS 77979 Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the nc]A ht-of-way of a County Road in CALHOUN County, PORT LAVA y, TEXAS as follows: SEE ATTACHED NARRATIVE AND SKETCH. The location and description of this tine and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after MARCH 19, 19 90 . GTE SOUTH\9ESTINCORPORATED 0 Address PATRICK JV VAJDOS PROJECT COORDINATOR P. O. BOX 1112 ROBSTOWN, TEXAS 78380 512/387-6433 Cl 560 n U • • CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: PATRICK J. VAJDOS PROJECT COORDINATOR P. O. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 02-27-90 except as noted below. It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Leroy Belk , telephone 512/552-9242 Commissioner of Precinct No. 1 forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 12th day of March 19 90 , and duly recorded in the Minute Book of the Commissioner's Court of Calhoun County, Texas. 561 GTE proposes to place buried cable as shown on the attached sketch. There are essentially three sections. lsi_ section: Wi11 be at i.he,intersectior-, c:rf Pay Street and E..an Antonio Street. It will be on the north side of Flay Street from San Antonio west for 224'. and will be extended at 3.5' inside the ROW. end section - Will begin on the southern side of Pay Street at the intersection of Pay Street and F'arkyiew Street. It. will extend east for 606' to FM 2760 where it will cross, under FM 27601 then it will extend east for an additionai 745 . it will be placed at =.5' inside the southern RON. At the intersection of Bay Street and .San Antonio, the cable will turn south and will be extended for-3407, and be placed at 7 inside the west POW. 3rd section: Will begin at the: southern point of the intersection of San Antonio Street and hlilam Street. It will e•ctend northeast across the entrance to Te_ias Power Corp, and to a GTE pole for a total distance of 140'. All cable will be plowed or trenched to a minimum depth of 30" . C� • 562 • • �'F l/ lay/ 5z 5 ' ��. � .�Ef�F• V � � C i N � 3z f. CFE C_ABI. cS : vr�cy t ris rii✓c- �' P,e�r�sFD \.I MC 600664 ED-171(REV.1 661 AREA L^UL.F !�D/ls� ® Southwest �J •/T� TAX OP3T. IOCATR7R /' �P6A I L//U/7C// / x 0 WD r F / L T IdATE CIJUNT Y Dl�CR1r�T19O11L- d r� DRAMN IY��u---��/j���c��%%��OATr-/Z JQ a�il[�L� c!/lJ �_� c�LrT �v.✓ APPROVED BY-2-11 % DATE Z �J REVMED rT DATE SCALE Aafi: SHE" DF 563 BUDGET AMENDMENT - PORT LAVACA FIRE DEPARTMENT Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following budget amendment be approved: (BUDGET AMENDMENT REQUEST 11 I rt r, C:] houn Cot 1 n 1--V Colf(I.0 sr -.I oner Cc. t I I - 1; ( D ep et t file ( I t fil a 1." i V I q I , ir P-. (.-I t-' 1 5--. T rt=qtie=L' can to the nq JinF, items:, 1'. n fit Y depar t file I -It - Amendment GL Account # Account Name Amount .-0 .......... - Net change in total budget for this department is: OH-Ie't (*E::ltal-1,*.s/jtt=t,'IF.I.CaVi(:.,vi, Reason I I I I I I I I I I I I - I I I I - - Y', - ... . ........ — I ------ ....... - ----- .... ...... ...... .. . . ...... . . ..... .1 Ini: C! alW$ ) e.F. 101 ipl Court s 1:4) kj, j nt:=d nf`f L Ile ttd: !)�a Ile of t':oflifll i =is. I OrltH S , C tj 1, t r 1: i"t)IDS :: 0 0 !).AE! to (..-'f2nQra] 1.-,fmdcw.-v - 564 • BIDS AND PROPOSALS - COMPUTER, COUNTY AUDITOR Bill Wilkins with Computerland asked to to explain the proposal submitted by his for the County Auditor's office. ACCOUNTS ALLOWED - COUNTY meet with the Court Company for a computer Claims totalling $311,932.90 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Belk, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $238,230.11 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. SANITARY LANDFILL - SALARY, MONITOR Motion by Commissioner Belk, seconded -by Commissioner Mikula, and carried, that the salary of the "spotter" or "monitor" at the landfill be paid out of the funds designated as the manager's salary. THE COURT RECESSED UNTIL FRIDAY, MARCH 16TH. MARCH 16, 1990, 10:00 A. M. - Present were, Alex R. Hernandez, County Judge; Leroy Belk, Comm. Prct. 1; Stanley Mikula, Comm. Prct. 2; Roy Smith, Comm. Prct. 3; Oscar F. Hahn, Comm. Prct. 4; Opal M. Hayes, Deputy County Clerk • BIDS AND PROPOSALS - GENERATOR, EMS Motion by Commissioner Smith, seconded by Commissioner Belk, and carried, that the low bid of Hayes Electric Company in the amount of $10,300.00 be accepted for a generator for EMS. The second bid of Smith Electric did not meet specifications. 565 BIDS AND PROPOSALS - AIR CONDITIONING SYSTEM COURTHOUSE ANNEX Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, -that the County Auditor be authorized to advertise for bids for air conditioning system for Courthouse Annex with bid opening set for May 14, 1990. BIDS AND PROPOSALS - COMPUTER, AUDITOR'S OFFICE Motion by Commissioner Mikula, seconded.by Commissioner Hahn,'and carried, that the quotation of Computerland be accepted in the amount_of $7,992.00'for software and the proposal of Alpha Byte Computers be accepted in the amount of $10,349.00 for the hard- ware because of on=site service to equipment. (Proposals recorded Pgs. 579=588) RESOLUTION - AMENDMENT TO PREVIOUS FREEPORT EXEMPTION RESOLUTION Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, to clarify the intent of the Court that the Court -will continue to tax for future years. (Amended Resolution recorded pg. 578) AIRPORT ADVISORY"BOARD Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that Fred Jones and Kenneth Lester be reappointed to the Airport Advisory Board for 4 year terms. ACCOUNTS ALLOWED - COUNTY Claims totalling $128,734.24 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. z ACCOUNTS ALLOWED - HOSPITAL • • Claims totalling $109,156.77 were presented by the County Auditor • and after reading and verifying same, a motion was made by Com- missioner Belk, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. 566 • • LIBRARY - CHANGE ORDER NOS. 3 AND 4 Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the Change Order Nos. 3 and 4 be approved. CHANGE ORDER AIA DOCUMENT G701 Distribution to OWNER ARCHITECT 5H CONTRACTOR FIELD ❑ OTHER ❑ PROTECT: Calhoun County Library CHANGE ORDER NUMBER: 3 (name, address) Calhoun County, Texas INITIATION DATE: 2/26/90 TO (Contractor) F— ARCI-IITECT'S PROJECT NO: CCL00 Rexco, Inc. CONTRACT FOR: New Construction P.O. Box 416 Port Lavaca, Texas 77979 J CONTRACT DATE: Dec. 28, 1989 You are directed to make the following changes in this Contract: 1. ADD to contract for installationof lightweight concrete roof system as per specifications and plans. See .Attached. 2, ADD to contract for providing recess in slab for brick pavers at Portico 101. See Attached. + $ 850.00 + $1000.00 Not valid until signed by holh the Olvner and Archilerl. Sign. lure n( the Conlraelor indicales his agrecmenl herewilh, including any adjuslmenl in the Contract Sum or Cun l cart Time. The original (Contract Sum) ........................... $ 724,591 00 Net change by previously authorized Change Orders ................................... $ 0 00 The (Contract Sum) (QirNLHd14Wx4vfiAAt"AA prior to this Change Order was .......... $ 724,591 00 The (Contract Sum) (r/,N rrA F51!°1�"irS'T/9Vsfrwitl be (increased),(JW, V9f1rI5AA;fA 4e(d) 1,850 00 by this Change Older .........�.p.�p.�.a..(.1'.µ..�./..r,.1................................... $ The new (Contract Sum) (gyl�rpp{e¢ylI'I`Y'1'I'YI/'/Y')�'!' including this Change Order will be ... $ 726,441 00 The Contract Time will be (;ncreased) /:j it/q'.�/¢rj1/(/i)S¢lfy/1,�¢r� by ( 2 ) Days. The Date of Substantial Completion as of the dale of this Change Order therefore is Authorized: RajtZer "17. Arr•hitarta Rexco, Inc. Calhoun County ARCHHECCF CONTRACTOR ( NE 3707 N. St. Mary's #100 P.O. Box 416 1 �. Ann Street Address Address Address San Antonio, Texas 78212 Port Lavaca,,. Texas 77979 PortrL&xaqa, Texas Uk79 AIA DOCUMENT G701 - CHANGE ORDER APRIL 1970 EDITION AIA® © 19711 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASI IINGTON, D.C. l000r, G701 —1978 t ,67 REXCO INC. P. O. BOX 416 PORT IAVACA. TEXAS 77979 512-552-5371 February 9,1990 Reitzer Cruz Architects Inc. 3707 N. St. Mary's Suite 100 San Antonio, Texas 78212 Attn: Mike Spahn RE: Calhoun County Library After further research on the roofing system for the above referenced project, I would like to strongly recommend that the Owner consider the use of the lightweight deck in lieu of the tapered insulation system awarded us. • After several discussions with Port Enterprises and their discussions with • their suppliers it has been determined that we can provide you with the roof as per plans and specifications for an ADD of EIGHT HUNDRED AND FIFTY AND NO/100 ($850.00) DOLLARS which is still considerably less than originally figured. I feel that with the light weight roof deck being so much more permanent than the tapered insulation roof system. the Owner would benefit greatly. I would like to stress the fact that the original price for the lightweight deck was a fair price but in order to give the Owner a superior quality roof system we have reduced the price of the original system to where it is a much better buy for the money. If you require anything further please do not hesitate to call. Very truly yours, Rexco Inc. Stephen F. Haynes • • L11414k REXCO INC. • _ P. O. BOX 416 PORT LAVACA, TEXAS 77979 512.552-5371 February 21,1990 Reitzer Cruz Architects Inc. 3707 N. St. Mary's Suite 100 San Antonio, Texas 78212 Attn: Mike Spahn RE: Calhoun County Library In reference to my letter dated February 6,1990 1 am still in need of your intentions as to whether or not the mullions will be placed back Into the windows as shown on the plans. This information is required before we can proceed with the shop drawings. In order to meet schedules you must receive these approval drawings sometime in the neighborhood of March 12,1990. Pricing information is also referenced in the letter of February 6th. • Also as per letter dated February 9,1990 1 require the go ahead on using the lightweight deck and insulation as per plans and specifications in order to move forward as far as the roofing is concerned. Pricing information on this application is also in this letter. This letter is only a backup to previous letters so that the Owner may make a speedy decision to keep the project flowing smoothly. Very truly yours, Rexco Inc. Stephen F. Haynes • 1909 FEia-23-90 FkI 3.5:S-IS . REXCO INC. P. O. SOX 416 wN)RT LAVACA, TEXAS 77979 512.552.5371 Februsirr 23,1990 Reitrer Crur Architects Inc. 3707 N. St. Mary's Suite 100 San Antonio, Texas 76212 Attn: Mike Spahn RE; Calhoun County Library • As per your transmittal sheet dated 2-21-90 an additional SIX HUNDRED AND FIVTY AND NO/100 (6650.00) DOLLARS will be required to recess the • slat) ml Portico as per Revised Paver Layout Plan dated 2-21-90. It yoga have any questions or need additional Information please do not hesitate to call. Very truly yours, Rexco Inc. ;•') Stephen F. Haynes 570 REXCO INC. • P 0. 60X 416 1r]R7 LAVACA. TEXAS 77979 512-552.5371 February 26,1990 Reiter Cruz Architects Inc. 3707 N. St. Mary's Suite 100 San Antonin, Texas 78212 Attn: Mike Spahn RE: CnIhnun County Library As Nc•r lelephone conversation of February 23rd please ADD the sum of THRFF HUNDRED FIFTY. AND NO1100 ($350.00) DOLLARS for additional c:oncretu thickness to the area to receive pavers at Portico 101. This sum will briny the total ADD for paver work (fees pavers) to ONE THOUSAND AND NCI1100 1$1.000,00) DOLLARS. If you desire- further information or have any questions please do not hesitate to call. • Very truly yours, Rezco Inc . Stei+hen F. Haynes • 571 5EE AFUI 3 Lv 0 12-11- LO 2.3 U FEB 1,5 y+^1++ tRjrNoR Y• LJ . E I. LL f :Cvx .2 4AL. tLbt;p Yo 6 bx b A• -4p. Wf' Yt it 'r bNGY. aoL ;7 -- Apt;,MD 1?.A. WA-f AI�.7 EXTRA�BR.•.GI�IQ ,lo,sY�/•dF dab ay.yK I :.&.Xp Of' GYP. QP. CoL. WWyv4ty 1 bf2 _ p �IrIP MC' Iw_ MAI►J . o �' � 71/44"/ f •i NeA ;K�re rJce I vire tlp'. pplp`(Hs � rpf�Tl� VA pent. ApP ITja fJAL lork7. rye ,4/S•6 - 8 573 0 0 to D z D z -q 0 z_ 0 m x D W V �DN D y D r) m m m p _ ca m i o W (Y 1 W� CD C.J. C.J. �N C.J. G.J• MAr as srturji�fl c.J. N N S°Moe lol QOR rICA ,�3'� r�P 3� O 1 O O REVISED PAVER LAYOUT To'(.AL Na. of f=A\/EIZS = ISZS, ':- • ' 1 U • CHANGE ORDER AIA DOCUMENT G701 Distribution to: OWNER F� ARCHITECT 8 CONTRACTORf3 FIELD 0 OTHER 11 PROJECT: Calhoun County Library CHANGE ORDER NUMBER: 4 (name, address) / Calhoun County, Texas INITIATION DATE: 2/26/90 TO (Contractor): ARCHITECT'S PROJECT NO: CCL00 Rexco, Inc. P.O. Box 416 CONTRACT FOR: New Construction Port Lavaca, Texas 77979 L J CONTRACT DATE: You are directed to make the following changes in this Contract: 1. ADD to contract for installation of horizontal muulions as per specifications and plans. + $3,500.00 N-a t.,fill unlit siglwd by both Ihr Owl, , an,l At, hile(I. yignaluu• of Ihr C.onlnrlor indi(mvs Iris agwelmnl hrlemth. including any adjuslumnl in the Cnnba,I Sun, ur I .... I,,,[ Tinn. The oliginal (Conoao sum) 19yrvlry'IPY!`Yyy1] pfIf was ........................... $ Net change by previously authorized Change Orders ............................ . ...... $ the (Contract Sum) (�')'yr%'y IFF�`.f;y,<j,r/.1Jl�crsj)/IJlior to Ihis Change Order was .......... $ The (Contract Sum)(/i(ryI/.1lddc4/N1lfrflbb/I(:/ild will be (increased) (AelrlrEdskA✓V�1/rLb(r/n{;(•(i�/ by INS Change Order......................................................... $ Vie new (Contract Sum) (Guaranteed Maximum Cost) including Ihis Change Order will be ... $ The Contract Time will be (yh/Yf'itN /l➢li4l i<JSf41> (unchanged) by The Dale of Substantial Completion as of the dale of this Change Order Iherefore is Reitzer Cruz Architects Inc. Rexco, Inc. A'c I177 ( TR TOR �07 N. St. Mary's #100 rP.�. O ox 416 Arhlrrss A(Idress Ran Antonin Texas 78212,L v ca as 77979 • nT � J DATE 2 — ZB --22 AIA DOCUMENT C701 CHANCE ORDER AM0, 197R ED11ION AIA" - 011,711 1111. AMMICAN INSTITUTE OF ARCIIITECTS, 1715 NEW YORK AVE., N.W., \VASIIIN(;1r IN, DA .:nellb 724,591 .0 1,850 .0 726,441 .0 3,500 .0 729,941 ( 0 ) Days. Aulhurized: Calhoun County Wtb. Ann Street A(Itlres. Po 3 ac ' e>' 77 iY DATE '� FIl9 0 G701 — 1978 REXCO INC. P. O. Box 416 PORT LAVACA TEXAS 77979 512.552-5371 February 6,1990 Reitzer Cruz Architects Inc. 3707 N. St. Mary's Suite 100 San Antonio, Texas 78212 Attn: Mike Spahn RE: Calhoun County Library This letter Is strictly to express some mutual concerns and to offer some alternatives to these concerns and some additional Ideas I have on this project. To start with some items appear on Exhibit "B" that neither you nor I were aware of until we actually signed the contract. Some of these items were not researched thoroughly prior to their submission to you because of the time frame we were working in. Please find below some items worth discussion. The roof change from lightweight concrete to tapered insulation does not meet the R-11 value referred to in the specifications. However, I feel we can still give you a sound job by just deleting 1" of insulation board over the entire roof area. The lightweight concrete thickness will remain the same and the entire roof will be lowered by 1" which will be made up In an enlarged cant strip. This can be provided with no change in price. Also in Exhibit "B" the contract deducts $5,300.00 for various changes to the hardware on doors. This statement is incomplete. The $5,300.00 deduction breaks down as follows: a) $600.00 for changing from mortise locksets to cylindrical locksets. b) $3,500.00 for deleting some horizontal mullions as per attached sheets. c) $1,200.00 for changing from specified aluminum door hardware to the manufacturer's standard hardware. have also noticed that the roof drain piping necks down from 5" to 3" at the walls and then returns to 5" again when it levels below the floor slab. It concerns me that the area above the wall where it reduces to 3" has the potential to become a problem area for collecting small matter and debris and possibly causing a reduction of water flow. What I would like to propose to you 'is that 4" pipe be used throughout the roof drain system but still :retain the 5" roof drain itself. For this change there would be no change in price. 0 11 576 j / February 6,1990 Page 2 I would also like to propose a construction joint in the slab as per attached sheets. My reasoning for this is that due to the amount of carton forms these materials in this • foundation I am trying to minimize the exposure of half the slab before proceeding to the weather. 1 would get one of poured to the remaining half. The alternate for engraved pavers was not awarded in the contract but the Library Committee continues to sell- the pavers. I have taken it upon. myself to get a sample of the paver for their use which I will submit through your firm. Rexco Inc. must know reasonably soon the Intentions of the County as to whether or not the recess in the, portico will be required. Again, it is Rexco Inc.'s intention to give the County the best possible facility for their money. I am bringing these items to your attention so they may be discussed and resolved early on in the project so that we may push ahead in meeting our schedule. Very truly yours, Rexco Inc. Stephen F. Haynes --• • 577 AMENDED RESOLUTION STATE OF TEXAS § COUNTY OF CALHOUN § WHEREAS, the voters of Texas approved proposition 5 (Senate Joint Resolution 11) which grants an exemption from taxes on goods, wares merchandise and ores acquired in or imported into the state for the purpose of assembling, storing, or manufacturing and shipped out of state within 175 days; and WHEREAS, this amendment could cause a significant loss in ad valorem tax revenue for our county -- revenue that would have to be made up by other county property taxpayers; and WHEREAS, on December 11, 1989, the court passed a resolution that the county would not recognize the freeport exemption; and WHEREAS, there may be a question by the public concerning the intent of the court to tax personal property and continue to tax personal property for future years; and WHEREAS, the court desires to clarify and express its desire to continue to tax personal property for future years. NOW, THEREFORE, BE IT RESOLVED BY the Commissioners Court of Calhoun County, Texas that the county will not recognize the freeport exemptions stated in Article VIII, I-j of the Texas Constitution and 11.251 of the Texas Property Tax Code or any successors to those provisions. Calhoun County will continue taxing personal property presently and henceforth including future years without regard to those provisions. Passed and approved by the Calhoun County Commissioners Court on March 16, 1990. C 0 ATTEST: m, )L Mary gois McMahan, County C. • • 578 ,Am tge r i c a n C o mp u t a r P r o d u c t s P.O. Box 1543 / 209 N. Broadway • Elsa, Texas 78543 - (512) 262-4747 (800) 962-6948 / (800) 962-6949 Model: 386/32 AT (Multi User File Server) February 19, 1990 >> Pt. Lavaca Auditor's Office << ------------- 7--------------------------------------------------------- Descriptlon Retail Customer ----------------------------------------------------------------------- 20 mhz ECS 386-32 0 Walt Turbo Mother Board 2 mb Memory 360 kb / 1.2 mb 5.25 In. Floppy Disk Drive 720 kb / 1.44 mb 3.5 In. Floppy Disk Drive Floppy / Hard Disk Controller (1:1 Interleave) AT Tower Case (3 LED, Reset, Turbo) 101 Key Keyboard 236 Watt Power Supply MS/DOS 4.01 Clock, Calander 2 Serial Ports h 1 Parallel Port VGA Graphics Adapter 14 in. VGA Color Monitor 66 mb 20 ms Hard Disk Sub System 40/60/120 mb Tape Backup System Ethernet Network Card COMPLETE FILE SERVER $4,898.40 $3,768.00 ---------------------------------------------------------------------- NETWORK OPERATING SYSTEM ----------------------------------------------------------------------- Novell ELS I V2.0 Network System $737.10 $686.90 1 Ethernet Card for Existing PC $407.66 $313.50 ----------------------------------------------------------------------- PRINTERS 1 Panasonic KX-P4460 Laser Printer $2,596.00 $2,065.00 1 Panasonic KXP-1624 240 cps / 80 LQ $996.00 $676.00 2 Power Strip / Surge Protectors $45.00 N/C 6 Ribbons KXP-1624 $77.70 N/C 1 Printer Stands $12.75 N/C 3 DC 2000 XL 125 mb Tapes 0 $ 38.67 ea $145.96 $116.02 ---------------------------------------- AT/16 40 Meg. Workstation (See Specs.) Cabling A Installation SYSTEM TOTAL $3,237.00 $300.00 ------------ $13,461.40 $2,490.00 $300.00 ------------ $10,313.42 NOTE: All components listed have a 16 MONTH WARRANTY except the printers which have a TWO YEAR WARRANTY from Panasonic. 579 C� A ma r i c a n C o m p u t e r P r o d u c t s P.O. Box 1543 / 209 N. Broadway Elsa, Texas 78543 - (612) 262-4747 (800) 962-6948 / (800) 962-6949 Model: 286/16 AT (Workstation) February 19, 1990 >> Pt. Lavaca Auditor's Office << ----------------------------------------------------------------------- Descrlption Retail Customer ----------------------------------------------------------------------- 16 mhz 286 0 Walt Turbo Mother Board 1 mb Memory 1.2 mb 5.25 In. Floppy Disk Drive 720 kb 3.5 In. Floppy Disk Drive Floppy / Hard Disk Controller (1:1 Interleave) Mini AT Case (3 LED, Reset, Turbo) • 101 Key Keyboard 200 Watt Power Supply MS/DOS 4.01 Clock, Calander 2 Serial Ports & 1 Parallel Port VGA Graphics Adapter 14 in. VGA Color Monitor 40 mb 28 ms Hard Disk Sub System Ethernet Network Card ----------------------------------------------------------------------- COMPLETE WORKSTATION $3,.237.00 $2,490.00 ----------------------------------------------------------------------- • im r A ma r i c a n C o m p u t e r ]Pr- 40,4d u c t s P.O. Box 1543 / 299 N. Broadway Elsa, Texas 78643 - (612) 262-4747 (800) 962-6948 / (890) 982-8949 Model: 286/12 AT 40 Meg. February 19, 1990 >> Calhoun County Auditor's Office (< ----------------------------------------------------------------------- Description Retail Customer ----------------------------------------------------------------------- 12 mhz 286 AT 0 Walt Turbo Mother Board i mb Memory 360 kb / 1.2 mb 5.25 In. Floppy Disk Drive 1.44 mb / 720 kb 3.6 in. Floppy Disk Drive Floppy / Hard Disk Controller (1:1 Interleave) AT Mini Case (3 LED, Reset, Turbo) 101 Key Keyboard 200 Watt Power Supply • MS/DOS 4.01 / GW/Basic Clock, Calander 2 Serial Ports & 1 Parallel Port VGA Graphics Adapter 14 in. VGA Color Monitor 40 mb 28 ms Hard Disk Sub System Ethernet Network Adapter ----------------------------------------------------------------------- COMPLETE SYSTEM 1 $3,082.95 $2,371.50 ----------------------------------------------------------------------- • 581 U Anlar A cart Comput Br Pr "duct a P.O. Box 1643 / 209 N. Broadway Elsa, Texas 78543 - (512) 262-4747 (890) 962-6948 / (800) 962-6949 February 28, 1998 Calhoun County Auditor's Office Port Lavaca, Texas ATTN: Ben Comiskey Re: Computer System Dear Ben, I'm sorry It has taken so long for me to respond to your request for expansion equipment to be used In the Auditor's • Office. Enclosed you will find several types of systems which I believe will meet your needs now and in the future. All AMERICAN COMPUTERS have a full 16.Month Warranty and all the prices quoted include the installation, cabling and setup. We will provide on site service to the County at no additional charge for all our equipment. In the event that we are called to provide service which Is not warranty related, the charge will be $ 126.00 per trip as well as $ 56.00 per hour for the time we are at your facilities. American Computer Products specializes in Government organizations such as your's and provides specialized services to enhance this specialty. If you would like, you may call the UPS Office In Victoria at 676-2643 and talk to Sgt. Gary Mueller or the UPS Office In Beevile at 358-8891 and talk to Cpl. Leo Franco or Sgt. Hugh Roble. Also the UPS Office In Edna (Trooper Ron Snow) uses printers purchased and supported by American Computer products. Feel free to contact any of these people If you require references. In addition to supplying Hardware and Software, American Computer Products provides complete Consulting Services as well a$ Customization Services geared to the special needs of our Clients. I sincerely appreciate the opportunity to furnish prices for your office and look forward to doing business with Calhoun County. r� Incar Iy, • Jglrr� jl. Guest, Pres. -582 CONTACT: COMPUTERLAND 3112-F N. NAVARRO AMANDA BOYD OF VICTORIA, TEXAS • ACCOUNT REP. VICTORIA (512) 575-7436 r L_J r� BEN COMISKEY, CALHOUN COUNTY AUDITOR 615 NORTH VIRGINIA STREET PORT LAVACA, TEXAS 77979 512-553-4610 QTY. DESCRIPTION UNIT PRICE TOTAL PRICE 1 PCFUND SECURITY SYSTEM FOR MULTI- 1695.00 1695.00 USER SYSTEM (INC UP TO 2 USERS) 1 PCFUND GENERAL LEDGER MODULE 1295.00 1295.00 1 PCFUND PAYROLL MODULE 1295.00 1295.00 1 PCFUND ACCOUNTS PAYABLE WITH 1295.00 1295.00 EMCUMBRANCE TRACKING MODULE 1 PCFUND FULL -SUPPORT OPTION 837.00 837.00 1 MICROFOCUS, LAN COBOL RUN TIMES 80.00 80.00 1 ADDITIONAL USER FEE (FOR OVER 2 500.00 500.00 USERS) 1 PCFUND BUDGET FORECASTING MODULE 995.00 995.00 ASK ABOUT OUR 30-DAY SATISFACTION GUARANTEE!!! TOTALS 7992.00 PRICES ARE SUBJECT TO ALL APPLICABLE STATE AND LOCAL TAXES. ALL PRICE QUOTES ARE TO BE CONSIDERED STRICTLY CONFIDENTIAL! 583 ComputerLand®1 0 February 21, 1990 Mr. Ben H. Comiskey, Jr. Calhoun County Auditor 615 N. Virginia Street Port Lavaca, TX 77979 Dear Ben: Enclosed please find the revised quotes for the hardware and software as you requested in your letter of February 12, 1990. Per your requirements, I have replaced the Model 55SX with a Model 70/386 with a 20 MHz clock speed, added a 30 MB hard drive to the Model 30/286 computer, exchanged the two monochrome monitors for color VGA monitors, and moved the Epson LQ-2550 printer from the options section to the quote section. In order to keep the price difference in the file servers to a minimum, I have quoted you the Model 70 at an extremely competitive price. The resulting increase for the exchange is • only $650! In addition, I changed the wording of the "Installation and Training" item to be more descriptive. As we discussed, this item includes installing,network boards in all three computers, routing cables through your offices, connecting cables to three computers, installing netware software, configuring the software for the three computers, and training your staff to use the network. The on -site service contract figure was adjusted to include the Epson LO-2550, and the changes in the monitors and processors. On the software quote, I have simply added the additional Budget Forecasting module you requested. As in my first letter to you, I would like to stress again the necessity of running your PCFund package and your new network on nothing but the highest quality hardware products, such as IBM's Model 55SX or Model 70 with micro channel architecture. I have enclosed a brochure on micro channel architecture with sections highlighted for your review. Thank you for allowing ComputerLand to provide you with a bid on your new system. We would like to be able .to help you meet all of your computer equipment, support, and software needs today and tomorrow. • S((lj e,re y, Am -and Boy Account Representative 3112 F North Navarro • Victoria, TX 77901 • (512) 575.7436 584 CONTACTS COMPUTERLAND 3112-F N. NAVARRO AMANDA BOYD OF VICTORIA, TEXAS ACCOUNT REP. VICTORIA (512) 575-7436 • PAGE TWO • OPTIONSt 1 IBM MODEL 55SX, 60 MB HARD DRIVE, 80386SX PROC 3449.00 3.5" DRIVE, 1 MB RAM, 16 MHz, WITH MICRO CHANNEL ARCHITECTURE INSTALLATION AND TRAININSt THIS COVERS ON -SITE INSTALLATION AND TRAINING 400.00/DAY ON THE SOFTWARE AS REQUESTED SERVICE CONTRACT: THIS CONTRACT ALLOWS FOR ALL WARRANTY WORK 370.00 TO BE PERFORMED ON -SITE. (THE MANUFACTURER'S WARRANTY ONLY EXTENDS TO COVER THE EQUIPMENT ON A CARRY -IN BASIS.) 585 CONTACT: COMPUTERLAND AMANDA BOYD OF ACCOUNT REP. VICTORIA BEN COMISKEY, CALHOUN COUNTY AUDITOR 615 NORTH VIRGINIA STREET PORT LAVACA, TEXAS 77979 512-553-4610 3112-F N. NAVARRO VICTORIA, TEXAS (512) 575-7436 QTY. DESCRIPTION UNIT PRICE TOTAL PRICE 1 IBM MODEL 70, 60 MB HARD DRIVE, 4099.00 4099.00 B0386 PROC, 20 MHz, 3.5" DRIVE, 2 MB RAM, WITH MCA (MICRO CHANNEL ARCHITECTURE) 1 IBM MODEL 30, 80286 PROC, 3.5" 1968.00 1968.00 DRIVE, 1 MB RAM, 30 MB HARD DRIVE 2 SYSDYNE! 14" VGA COLOR MONITORS 465.00 930.00 I HEWLETT PACKARD LASERJET IID 3149.00 3149.00 1 ELS NETWARE LEVEL II 1049.00 1049.00 2 IBM DOS VERSION 3.3 99.00 19B.00 1 INSTALLATION/NETWORK SFWT/HDWR 1000.00 1000.00 1 CABLES 300.00 300.00 1 ETHERNET BOARD FOR MICRO CHANNEL PC 329.00 329.00 2 ETHERNET II BOARDS 229.00 4513.00 1 EPSON LQ-2550 PRINTER - 1099.00 1099.00 ASK ABOUT OUR 30-DAY SATISFACTION GUARANTEE!!! TOTALS 14579.00 PRICES ARE SUBJECT TO ALL APPLICABLE STATE AND LOCAL TAXES. ALL PRICE QUOTES ARE TO BE CONSIDERED STRICTLY CONFIDENTIAL! C�A 586 • • • %T.L�HA BYTE COI�UTEE2S 132 @.l In 6G.- D.O.Hex L47 Dent Lavaca. Taxaa 00979 (912) 992-5066 March 7, 1990 Mr. Ben H. Comiskey, Jr., CPA County Auditor Calhoun County 211 So. Ann St. Port Lavaca, Texas 77979 Dear Mr. Comiskey: The following quotation is in response to your bid request/letter of February 12, 1990. Alpha 386-20 Desktop Computer System 1 80386 Processor 20 MHz- 2 mq RAM 1 High Density 3.5" 1.99K Floppy Disk Drive 2 Serial Ports 1 Parallel Port 60 megabyte Hard Disk Drive & Adapter 1 Enhanced 101-key Keyboard VGA Color Monitor with VGA Adapter 386 SYSTEM PRICE ........................... $ 2,650..00 DTK 1230-C Small Footprint Desktop 286 Computer 1 80286 Processor 12 MHz 1 MG RAM 1 High Density 5 1/411 1.2 mg Floppy Disk Drive 2 Serial Ports & 1 Parallel Port 30 megabyte Hard Disk Drive & Adapter 1 Enhanced 101-key Keyboard VGA Color Monitor with VGA Adapter 266 SYSTEM PRICE ............................. $ 1 Hewlett Packard Laserjet IID.......................... Epson LQ-2550 Printer (Wide Carriage) ................... 1 Novell ELS Level 1 - Supports up to 9 users .......... (Novell ELS Level 2 - Supports up to 8 users .... 1,249.00) 1,900.00 3,095.00 1,150.00 579.00 587 Mar. 7, 1990 3 ARCIM Cards .............................@ $160.00 ea. Cable - .45 per ft. - Minimum 100 ft.................... Installation and Setup .................................. 1 year on site warranty TOTAL 480.00 45.00 450.00 $10,349.00 The above quotation is good for 30 days. We thank you for this opportunity to bid on the county's computer systems and look forward to working with you. Sincerely, Elizabeth W. Odom Manager ACCOUNTS ALLOWED - COUNTY AND HOSPITAL Claims totalling $128,734.24 for the County and claims totalling $109,156.77 for the Hospital were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. THE COURT ADJOURNED. SPECIAL MARCH TERM THE STATE OF TEXAS X X , COUNTY OF CALHOUN X HELD MARCH 30, 1990 BE IT REMEMBERED, that on this the 30th day of March, A. D. 1990 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M. a Special Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, towit: 588= whereupon the Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith — Oscar F. Hahn Mary Lois McMahan following proceedings County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk were had: • • • _ BIDS .AND PROPOSALS - FUEL.. The following bids were received for fuel for the month of April, and after reading said bids a motion was made by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the low bid of C. L. Thomas Petroleum be accepted for fuel for the month of April. FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. • 6 7p UNLEADED GASOLINE ; / PER GALLON Cl PREMIUM UNLEADED GASOLINE s PER GALLON DIESEL FUEL ; , d / � PER GALLON THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING APRIL 1, 1990 AND ENDING APRIL 30, 1990. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: ADDRESS CITY, STATE, ZIP •AUTHORIZED SIGNATURE: TITLE DATE 589 FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. UNLEADED GASOLINE PREMIUM UNLEADED GASOLINE DIESEL FUEL .681 PER GALLON _ .811 PER GALLON .618 PER GALLON THE CONTRACT PERIOD WILL BE FOR A ONE MONTHPERIOD ONLY BEGINNING APRIL 1, 1990 AND ENDING APRIL 30, 1990. NO PRICE CHANGES WILL,BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: DIBBEL OIL COMPANY, INC. ADDRESS Box 71 CITY, STATE, ZIP Port Lavaca, T/X�/J 77979 -- AUTHORIZED SIGNATURE: •� Us��i TITLE President DATE March 30 1990 • • 590 E • • u FUEL BID PROPOSAL IN 'RESFUNSE'TO YOU NOTICE VVR-COWE'1'ITIVE BIDS 1rOR TOW ft Tlkl ONbMfditii •PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. UNLEADED GASOLINE PREMIUM UNLEADED GASOLINE DIESEL FUEL 72-''- 3 PER GALLON s SY3 PER GALLON _ 6 3 S PER GALLON THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING APRIL 1, 1990 AND ENDING APRIL 30, 1990. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. MAME OF BIDDER: ADDRESS CITY, STATE, ZIP AUTHORIZED SIGNATURE: TITLE DATE %YJA�yAC-ED 591 BIDS AND PROPOSALS - LAW ENFORCEMENT LIABILITY INSURANCE The following bids were received for law enforcement liability insurance and after reviewing said bids a motion was made by Commissioner Mikula, seconded.by Commissioner Hahn, and carried, that the County renew the law enforcement liability insurance policy with Foss, Cates, Hudson & Simms Agency, the second low bidder, for a premius of $19,816.00. The low bidder did not meet the specifications. TEXAS ASSOCIATION OF COUNTIES P. 0. Box 2131 Austin, Texas 78768 Entity: Calhoun County Proposal Date: March 30, 1990 Contact Person: The Honorable Alex R. Hernandez, Calhoun County Judge TYPE OF COVERAGE: Law Enforcement Liability (Claims Made Form) $5,000 Deductible Annual Contribution OPTION A - $14,748 OPTION B - S19,925 OPTION A - $1,000,000 Coverage Retrodate: At Inception Punitive Damages Endorsement ($1,000,000 Limit) @ $1,340 Total Annual Aggregate $1,000,000 Limit OPTION B - *$2,000,000 Optional Coverage Punitive Damages Endorsement ($1,000,000 Limit) Total Annual Aggregate $2,000,000 Limit *See attached sheet for binding information. Binding subject to receipt of a fully completed TAC application. Date:_///Q sl �_Iqg o COVERAGE ACCEPTANCE Liability coverage as offered on this proposal is accepted. I elect OPTION A OPTION B EFFECTIVE DATE: SIGNATURE OF ACCEPTING OFFICIAL: DATE: INSURANCE COORDINATOR: This acceptance not valid unless received by the TAC office no later than 60 days from the proposal date shown above unless extension is granted by TAC. • • 592 C� OPTIONAL COVERAGE TAC is now able to offer your county an additional $1,000,000 of coverage for a total protection package of $2,000,000. The cost for this additional coverage is shown on the proposal along with the requirements necessary for the reinsurer to bind coverage. If you would like to add this additional layer of protection for your county, please let us know by checking the "optional coverage" box on the proposal acceptance portion and forward the necessary documentation. Retrodate does not apply to this additional layer of coverage. The following information is required for binding; _ 1) No additional information is required; notice of selection is sufficient to bind. 2) Original, completed TAC application 3) Full copy of most recent audited financial statement �J 0 593 TEXAS ASSOCIATION OF COUNTIES P. 0. Box 2131 Austin, Texas 78768 Entity: Calhoun County Proposal Date: March 30, 1990 Contact Person: The Honorable Alex R. Hernandez, Calhoun County Judge TYPE OF COVERAGE: Law Enforcement Liability (Claims Made Form) $2,500 Deductible Annual Contribution OPTION A - $15,675 OPTION B - $20,852 OPTION A - $1,000,000 Coverage Retrodate: At Inception Punitive Damages Endorsement ($1,000,000 Limit) @ $1,425 Total Annual Aggregate $1,000,000 Limit OPTION B - *$2,000,000 Optional Coverage Punitive Damages Endorsement ($1,000,000 Limit) Total Annual Aggregate $2,000,000 Limit *See attached sheet for binding information. Binding subject to receipt of a fully completed TAC application. COVERAGE ACCEPTANCE Liability coverage as offered on this proposal is accepted. I elect OPTION A OPTION B EFFECTIVE DATE: SIGNATURE OF ACCEPTING OFFICIAL: DATE: INSURANCE COORDINA'i ., it: This acceptance not valid unless Wceived by the TAC office no later than 60 days from the proposal date shown above unless extension is granted by TAC. • • 594 • OPTIONAL COVERAGE TAC is now able to offer your county an additional $1,000,000 of coverage for a total protection package of $2,000,000. The cost for this additional coverage is shown on the proposal along with the requirements necessary for the reinsurer to bind coverage. If you would like to add this additional layer of protection for your county, please let us know by checking the 'optional coverage" box on the proposal acceptance portion and forward the necessary documentation. Retrodate does not apply to this additional layer of coverage. The following information is required for binding; 1) No additional information is required; notice of selection is sufficient to bind. _X_ 2) Original, completed TAC application _ 3) Full copy of most recent audited financial statement CJ 595 TEXAS ASSOCIATION OF COUNTIES P. O. Box 2131 Austin, Texas 78768 Entity: Calhoun County Proposal Date: March 30, 1990 Contact Person: The Honorable Alex R. Hernandez, Calhoun County Judge TYPE OF COVERAGE: Law Enforcement Liability (Claims Made Form) $1,000 Deductible Annual Contribution OPTION A - 17,257 OPTION B - . 22,434 OPTION A - $1,000,000 Coverage Retrodate: At Inception Punitive Damages Endorsement ($1,000,000 Limit) @ $1,569 Total Annual Aggregate $1,000,000 Limit OPTION B - *$2,000,000 Optional Coverage Punitive Damages Endorsement ($1,000,000 Limit) Total Annual Aggregate $2,000,000 Limit *See attached sheet for binding information. Binding subject to receipt of fully completed TAC application. np Sigrtaru�-.- Date: "/ ('� COVERAGE ACCEPTANCE Liability coverage as offered on this proposal is accepted. I elect OPTION A OPTION B EFFECTIVE DATE: SIGNATURE OF ACCEPTING OFFICIAL: DATE: INSURANCE COORDINATOR: This acceptance not valid unless received by the TAC office no later than 60 days from the proposal date shown above unless extension is granted by TAC. • • LJ 596 • OPTIONAL COVERAGE TAC is now able to offer your county an additional $1,000,000 of coverage for a total protection package of $2,000,000. The cost for this additional coverage is shown on the proposal along with the requirements necessary for the reinsurer to bind coverage. If you would like to add this additional layer of protection for your county, please let us know by checking the "optional coverage" box on the proposal acceptance portion and forward the necessary documentation. Retrodate does not apply to this additional layer of coverage. The following information is required for binding: 1) No additional information is required; notice of selection is sufficient to bind. _X_ 2) Original, completed TAC application _ 3) Full copy of most recent audited financial statement r 1 • 59'7 INSURANCE PROPOSALS For the following types of coveraae: LAW ENFORCEMENT LIABILI-TY INSURANCE (Policy 0 PL 900357) COVERAGE INCEPTION DATE 04-02-90 COVERAGE IS TO BE THE SAME AS UNDER EXISTING POLICIES WHICH MAY BE REVIEWED IN THE COUNTY AUDITOR'S OFFICE, 2ND FLOOR, CALHOUN COUNTY COURTHOUSE. (Policies must remain in the County Auditor's Office.) ALL INSURANCE APPLICATIONS ARE TO.8E COMPLETED BY THE BIDDER. PROPOSAL AMOUNTS TO BE INCLUSIVE OF STATE TAXES, FEES. AND ANY OTHER COSTS OF I118E Kt49(213R14OE IFWU7LQ(CYP, (Rates quoted will be guaranteed for 12 months. Second and third years will be re -negotiated with same carrier.) PROPOSAL ANNUAL PREMIUM 1) LAW ENFORCEMENT LIABILITY INSURANCE $19,816_00__ $I, 000,000. each person -- $1,000,000. each occurrence PlAM : 000, 000. gnnu� a r to osg,_ at-e-. F ��son _ E_Sims Agencys_Inc.___________ ADDRESS: P.O. Box 3710 ---------------------------------------------- CITY, STATE, ZIP: Victoria, Texas 77903 3-YEAR PREMIUM $ AUTHORIZED SIGNATURE:___ z`_ __- John B. Hudson TITLE:PresidE t___ Note that this quotation includes coverage for punitive and Exemplary Damages. Additionally, please be advised that the County of Calhoun will be listed as an additional insured. Please note that Constables are covered as additional insureds only and only with respect to their duties performed for the named insured. Policy is quoted on an occurrence basis as per expiring policy referred to in Bid Specifications. U • 598 • • • Texas Law Enforcement Self Insurance Fund March 28, 1990 B.H. Comiskey, Jr., C.P.A. County Auditor Calhoun County SEALED BID 211 S. Ann - County Courthouse Port Lavaca, TX 77979 Re: Law Enforcement Comprehensive Liability quotations Based on the application and attachments, we are pleased to offer the following quotations for coverage through the Texas Law Enforcement Self -Insurance Fund. The coverage quoted is for a contract written on an OCCURRENCE basis. Term: One Year Limits of Liability: $ 500,000 Each Person (Defense costs are $ 500,000 Each Occurrence paid within the limit $ 500,000 Annual Aggregate of liability) Option #1 Deductible: $ 5,000.00 (per occurrence, includes loss adjustment expense) Annual Contribution: $ 13,612.00 Limits of Liability: $1,000,000 Each Person (Defense costs are $1,000,000 Each Occurrence paid within the limit $1,000,000 Annual Aggregate of liability) Option #2 Deductible: $ 5,000.00 (per occurrence, includes loss adjustment expense) Annual Contribution: $ 19,057.00 Enclosed is a specimen coverage document and interlocal agreement. MAIL ADDRESS: P.O. BOX 1089, ROUND ROCK, TX 78680 PHONE: (512)2446000 COURIER ADDRESS: 10110ATTIS SCHOOL ROAD, SUITE 1D6, ROUND ROCK, TX 78664 FACSIMILE: (512)244-2552 n U In order for the fund to effect coverage for you, the following need to be accomplished: I. Written request for coverage along with a check issued payable to the Texas Law Enforcement Self Insurance Fund for the full amount of the annual contribution for the option selected. 2. A copy of the resolution which authorizes participation in the fund by the adoption of the inter -local agreement was passed by the Wood County Commissioners Court. 3. The inter -local agreement signed by the County Judge. The Defense Counsel for the Texas Law Enforcement Self Insurance Fund is James Ludlum, Jr., Ludlum & Ludlum, 314 Vaughn Building, Austin, Texas 78701 (512) 476-6000. Mr. Ludlum is regarded as one of the foremost defense litigators in Texas. • If you have any questions or if we can be of assistance, please contact our office at 1-800-445-7303 dial 4416 after tone. Yours truly, Sue Burkhart Fund Underwriter SB/11 Enclosures RESOLUTION - COUNTY LIBRARY, PILOTCLUB Members of the Pilot Club met with the Court to ask for space in the new library for development and implementation of an Adult Literacy Program. A motion was made by Commissioner Mikula, seconded by Commissioner • Hahn, and carried, that the Commissioners' Court pass the Resolution as submitted by the Pilot Club of Port Lavaca. RESOLUTION WHEREAS, functional illiteracy refers to the inability of an individual to use reading, speaking, writing, and computational skills in everyday life situations; and WHEREAS, 27 million Americans cannot read and write and an additional 47 million are only marginally literate, 74 million American adults cannot comprehend a job application, a prescription bottle, poison warning, or the newspaper; and • WHEREAS, 18% of Texas adults have not completed the 8th grade, 36% of adults have not completed high school, and 60% of adults with incomes below the poverty level have not finished . high school; and • WHEREAS, the 1980 U.S. Census Data indicates that 15% to 25% of Calhoun County's population, aged 18 years and older, has had no more than eight years of schooling, contributing to the county's socio-economic status, resulting in numerous low-income family situations; and WHEREAS, an increasing number of individuals literate in a foreign language but not in English are projected to reside in Calhoun County in the near future; and WHEREAS, providing a literacy program offering the opportunity for adults to learn to read and write the English language is beneficial to our community, state, and nation; and WHEREAS, the new Calhoun County Public Library will be spacious and available to provide the necessary public services to the citizens of our county and is a natural place for literacy programs to be handled for'the community; and WHEREAS, the Pilot Club of Port Lavaca is committed to the development, organization, and establishment of an adult literacy program for Calhoun County; and WHEREAS, such a program is worthy of our county's support and cooperation; and THEREFORE BE IT RESOLVED, the Calhoun County Commissioners' Court approves and authorizes the use of the main branch of the Calhoun County Public Library, during regular business hours, for implementing such an adult literacy program. PASSED AND APPROVED by the Commissioners Court of Calhoun County, Texas on the 30th d, Mary f7 ois McMahan County Clerk 601 COUNTY DEPOSITORY Motion .by Commissioner Belk, seconded by Commissioner Smith, and carried, that the following resolution be approved authorizing the County Depository to withdraw certain securities and substitute other securities in lieu thereof: I: AVITT FOR SIBISTI'I'UTION AND/OIL WITHDRAVAL OF SECURh'I ES Illtl.b DY Texas Commerce Bank Houston, Texas _ UNDER JOINT SAFEKEEPING RECEl1"i'. 'Ihe undersigned Depositor and Depository Jointly request the Texas Commerce Bank of Houston, Texas to substitute or permit a withdrawa, of the securities which it holds under Joint Safekeeping Receipt issued by it to the undersigned, in accordance with the terms of the resolution hereafter quoted, and to deliver the securities substituted for or withdrawn to the party named in such resolution. De FIRST S'FATE DANK AND (TRUST COMPANY, By 2� RESOLUTION "Whereas, heretofore, under date of , 19 the Texas Commerce Bank of Houston, Texas is,bcd to Calhoun County, Depositor, and Firs[ Stale Bank and 'lYust Lumpany, Depository, its Joint Safekeeping Receipt or feceipts covering certain securities; and "Whereas, both the Depositor and Depository now desire the Texas Commerce Bank of Houston, Texas_ to permit a substitution of certain securities, or a withdrawal of securities, which it now holds, as Hereinafter more fully set forth; and "Whereas, the securities, if any, hereinafter mentioned, which the above named parties desire to substitute in lieu of those heretofore placed in safekeeping with the Texas Commerce Bank of Houston, Texas , meet with the requirements of law and have been and are hereby approved; and "Whereas, the securities, If any, hereinafter mentioned, which the above named parties wish to withdraw, are entitled under the law to be withdrawn; "Now therefore, be it resolved; Tint the Texas Commerce Bank of Houston, Texas be and it is hereby requested and authorized to surrender the following securites hereto- fore placed with it for safekeeping by the above named parties, to -wit: w 60,000 Uvalde, Texas 8.75% Gen. Obligation Bonds, Maturing 5-1-90 100,000 Corpus Christi, Texas 705% W g SS Rev. Bonds, haturing 7-10-90 1.,000,000 United States Treasury 10.75% Note, Maturing 7-15-90 500,000 Federal Farm Credit Banks 10.hO% bonds, Maturing 7-23-90 (Here describe securities to substituted for or withdrawn. If the above space is not sufficient, continue description on reverse side hereof.) and to receive in lieu thereof the following securities, which are hereby in all respects approved: $1,000,000 Federal Home Loan Banks Cons. 8.80% Bond, Maturing 10-25-93 (Here describe securities to be taken In substitution or in the event this is a withdrawal without substitution write in the word "None" If the above space is not sufficient, continue description on reverse side hereof.) "De it further resolved: That the Texas Commerce Hank of Houston, Texas and it is hereby au Lhorized to deliver the securities descri be d for.oi withdrawn for first State Bank and 'Trust Company or its order." to be substi substitute(] This is to certify Lh,, the above and foregoing resolution was duly pus'f� d by cows- sioners Court at a race Ling properly held on I TV day of yy�„1,, yQ/ WE a quarnm being preseut, all or whi.ch fully appears iu the minutes a r: aid meeting. CounLylkleck, Ca 1!wun County, 'Texas C • • 602 MAPS & PLATS - CONCEPT PLAN OF VENETIA OF PORT ALTO • is • Don Cunningham and David Gann reviewed the following concept plan of Venetia of Port Alto, whereupon a motion was made by Commissioner Smith, seconded by Commissioner Mikula, and carried, that Larry Dio, Atty. be employed to review and work up the closing of a portion of Marshall Johnson Ave, in Precinct No. 3 A motion was made by Comm. Smith, seconded by Comm. Mikula, and carried, that the County accept the concept plan of Venetia of Port Alto as long as the roads re built to County road specifications and the bridges are built Farm to Market road specifications by the State and all other ru s and specifications are met. TEXAS NIGNWAY SPUR NO. 159 'A' TYP P L CHANNEL {R(91 OAn. N TAT !t. >�Pb +. o v0•s . I�I�q••J' 1►� •ter:!-c.. 00 �•ii•Oiiii� Oti+iiiop� I E ] C.O.E PERMIT EXISTING O N PROPOSED GRMS A ANY UA£ OYVMS POUND IN CHANNEL ME TO DE K LOCATED TO UW OY uoD CARANCAHUA RAY 603 MATAGORDA ISLAND Myrtle Hawes reported to the Court that grazing rights weretsus- pended on Matagorda Island. Mrs. Hawes said she would like for the Court to use their in- fluence with agencies in order to try to retain the natural re- sources on Matagorda Island. Joe Hawes laid he felt the letters previously sent to agencies by the Court should be followed up. Judge Hernandez said he has been told the Court will be kept apprised of the Management Plan. Brent Geizentanner, Manager of the Aransas Wildlife Refuge, told the Court the draft plan should be ready for review in about three (3) weeks. CALHOUN COUNTY - VICTORIA FOREIGN TRADE ZONE - ALCOA APPLICATION FOR SUBZONE STATUS Dough Lynch met with the Court to discuss Alcoa's application for subzone status in the Foreign Trade Zone. A motion was made by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the Court supports Alcoa's application for subzone status in the Foreign Trade Zone. BIDS AND PROPOSALS - AIR CONDITIONING SYSTEM, COURTHOUSE ANNEX Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the County Auditor be authorized to set the bid opening for April 13th instead of May 14th for an air condition- ing system for the Courthouse Annex. ACCOUNTS ALLOWED - COUNTY Claims totalling $109,512.39 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. A motion was made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the "statement of CW & A. Inc. in the amount of $1,782.22 be approved and the statement of Pat Williams, Jr. in the amount $680.00 also be approved. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $58,382.14 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Hahn, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. • • WE • ACCOUNTS ALLOWED - COUNTY Motion by Judge Hernandez, seconded by Commissioner Hahn, and carried, that $3,500.00 be approved for deductible on Law Enforce- ment Liability policy involved in settlement of suit. THE COURT ADJOURNED. REGULAR APRIL TERM THE STATE OF TEXAS X X COUNTY OF CALHOUN X HELD APRIL 9, 1990 BE IT REMEMBERED, that on this the 9th day of April, A. D. 1990, there was begun and holden at the 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: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: HOSPITAL BOARD OF MANAGERS Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that Audencio Alanis be reappointed to the Board of Managers of Memorial Medical Center for a two year term. Motion by Commissioner Smith, seconded by Commissioner Mikula, and carried, that Betsy Wilson be appointed to the Board of Managers of Memorial Medical Center for a two year term. Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that Jewel Fisher be appointed to the Board of Managers of Memorial Medical Center for a two year term. Motion by Commissioner Mikula, seconded by Commissioner Smith, and • carried, that the Board of Managers of Memorial Medical Center be expanded by one member and that position be filled for a two year term by County Judge Alex Hernandez. SANITARY LANDFILL - SALARY OF MONITOR Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the position at the sanitary landfill be re-classified to monitor and that the monitor be paid a salary of $14,400.00. 605 COUNTY TREASURER'S MONTHLY AND QUARTERLY REPORT The County Treasurer presented her monthly and quarterly reports and after reading and verifying same, a motion was made by Commis- sioner Smith, seconded by Commissioner Mikula, and carried, that said reports be approved. CALHOUN COUNTY, TEXAS STATEMENT OF BALANCES • Balance Balance 1/1/90 Reeipts Disbursements 3/31/90 General $2,012,134 $2,844,163 $1,244,424 $3,611,873 Road & Bridge General 1,898,189 495,028 315,486 2,071,731 Road & Bridge Pct. 1 116,067 67,871 78,879 105,059 Road & Bridge Pct. 2 43,293 77,567 97,126 23,734 Road & Bridge Pct. 3 140,411 49,627 24,742 165,296 Road & Bridge Pct. 4 232,905 137,869 139,821 230,953 FM -Lateral Road 595,441 41.8,627 55,166 958,902 Road Maint. Pct. 1 54,502 1,255 -o- 55,757 Road Maint. Pct. 4 8,425 198 -0- 8,623 Lateral Road Pct. 1 3,692 93 -o- 3,785 Lateral Road Pct. 2 3,692 93 -a- 3,785 Lateral Road Pct. 3 3,692. 93 -o- 3,785 Lateral Road Pct. 4 3,692 93 -o- 3,785 Flood Control Pct. 1 71,796 1,645 602 72,839 Flood Control Pct. 2 1,712 25 935 802 Flood Control Pct. 3 10,821. 247 -0- 11,068 Flood Control Pct. 4 1,020 18 •' -0- 1,038 Sanitary Landfill 228,254 58,340 72,869 213,725 Sanitary Landfill Replacement 56,342 1,258 428 57,172 Airport Maintenance 9,213 8,650 2,737 15,126 Bank Franchise Tax 68,874 1,582 -0- 70,456 Law Library 2,077 4,140 6,015 202 Library Gift -Memorial 127 -o- -o- 127 Voter Registration 4,642 ill -o- 4,753 Fine & Court Costs Holding 9,591 11,171 8,570 12,192 Donations 19,897 4,065 -o- 23,962 • Grants 9,237 2,241 3,345 8,133 Juvenile Probation 1,265 27,995 16,586 12,674 District Court - Imprest Jury 3,025 2,264 3,700 1,589 County Court - Imprest Jury 1,007 835 1,206 636 Capital Project - New Library Bldg. 377 253,014 23,148 230,243 Capital Project - Beach Sewer System -0- 257,465 220,409 37,056 Community Development -0- 306,787 269,850 36,937 Hospital Operating 538,680 1,527,970 1,829,869 236,781 Hospital EMS Sinking 56,600 1,182 9,300 48,482 Hospital Memorial 98 2 -0- 100 Indigent Healthcare 1,152 34,119 33,983 1,288 Totals $6,211,942 56,597,703 54,459,196 - 58.350,449 We the undersigned County Judge and Commissioners in and for Calhoun County, Texas, hereby certify that we have this date nude an examination of and compared the County Treasurer's quarterly report, filed with us on this day of 1990, and have found the same to be correct and in due order. WITNESS OUR HANDS, offi�iall�,lpthis \� 1 day of '�. �, 1990. lea Pct. No. 2 Oscar Hahn, ConTnissioner Pct. No. 4 40 SWORN TO AND SUBSCRIBED BEFORE ME, County Judge and County Co`mussio rs of said Calhoun County, each respectively, on this 9tc day of 1990. BEFORE ME, the undersigned authority on this day personally appeared Sharron Marek, County Treasurer of Calhoun County, says that the within and foregoing report is true and correct. �.n Sharron Marek, County Treasurer FILED JOR RECORD THIS uL day of a0a 1990 and recorded this 2 day of 1990. Mary Lot). McMahan, County Clerk • • TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT The Tax Assessor -Collector presented her monthly report and after reading and verifying same., a motion was made by Commis- sioner Mikula, seconded by -Commissioner Smith, and carried, that said report be approved. ACCOUNTS ALLOWED - COUNTY Claims totalling $546,766.81 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $206,960.34 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. THE COURT RECESSED UNTIL APRIL LOTH AT 10:00 A. M. APRIL 10, 1990, 10:00 A. M. HOSPITAL. SUB -PHASE B. SCHEMATIC PLAN PHASE ALL MEMBERS PRESENT Mr. Acree Carlyle and Mr. George Lopez with Page,Southerland & Page, Architects/Engineers, reviewed Concept 4 again for the Court and the public on renovation of the hospital. They also reviewed Concepts 4A and 4B. After a lengthy discussion of all three (3) concepts a motion was • made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the Court accept Concept 4A as presented with the following additions: those additions being: (1) inclusion of north corridor (2) third floor air-conditioning and heating be rehabilitated to a four pipe system (3) that all of the plumbing under the first floor be replaced, at an estimated cost of Concept Plan 4A of $6,997,000.00 and the additions being estimated at $103,947.00. 607 A motion was also made by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the Court authorize Page, Southerland and Page to develop the artistic rendering of Concept 4A at a cost of $1,500.00 with the additions as passed by the Commissioners' Court. • 1-0 n • 11 Conc MtIM First Floor With Site Plan for ' errafli'I�I Port Lavaca , Texas Page Seuiherland Pa4i,•') l ;ArchilectslEngineers i Meth ral Canter 609 MEMORIAL MEDICAL CENTER Port Lavaca, Texas PSP Project No. 489450 April 10, 1990 CONCEPT PLAN 4A New diagnostic and treatment first floor addition to the West, with new 6-bed ICU, new Second Floor 27-bed Med/Surg Unit together with 6 Postpartum and 2 LDR above the First Floor diagnostic additions and some remodeling to the existing building. Existing Medical Records building removed. Medical Records and Administration in First Floor East Existing. Respiratory Medicine, Cardiology, Physical Therapy and Home Health Care on Second Floor in remodeled areas. Work on Third Floor restricted to code required. Bed Count of 73 beds includes 40 new and 33.existing as follows: 6 ICU (New 1st Floor Additions) 27 Med/Surg (New 2nd Floor Additions) 6 Postpartum (New 2nd Floor Additions) 2 LDR (New 2nd Floor Additions) 33 Med/Surg (Existing 3rd Floor, Recommend 20 set-up beds) Parking for 160 cars based on the following: 1 car for each bed patient: 73 1 car for each daytime employee 75 Cars for clinic patients 12 Probable Costs: New Construction: 1st F1. West 33,389 SF x $120.00/SF ...$4,006,680 2nd Floor 16,952 SF x $100.00/SF ...$1,695,200 First Floor Renovations ...................$ 145,000 Second Floor Renovations ..................$ 155,350 Third Floor Code Work .....................$ 75,000 Demolition ..... ... ..$ 31,880 Fixed Equipment (incl. in sq.ft. budget)..$ -0- Subtotal...........................................$ 6,109,110 Architect/Engineer fees ..................$ 458,183 Administrative costs .....................$ 75,000 Asbestos abatement ...$ 50,000 Moveable Equipment ............$ 0 Contingency (5% of 6,109,110).............$_ 305,455 Subtotal ...........................................$ 888,638 TOTAL PROBABLE COST FOR CONCEPT 4A: $ 6,997,748 • • 0 610 61 • Concept Plan 4B fr. 01ipns':`a:r n«� ii-we n:yi...tMil I«.�...I.... ......... .wfx°a' IeIN Ilnr nat.l[IM is [.0. rMini. M Wn1 .I 1) M, IZIMe[ .0 nn .N I] ealallp n l.Ilw[: llu il.[/3•n 1�1.• xN ilw. W�nm[I xf Mynty IMv )N llwr Wlt.11 1.11 L IYe/I.n IM twre)to nt-y e.aal I.rtlp I.r Itl [v[ M.N w IM Imisip: 1 e.r I.r nq E.1f1...w1eM ]3 �� <[n Ip [Ilnl[ ..tiwlt li First Floor With Site Plan HO.OW AV �G i Third Floor Aah SUM r.a 621 MEMORIAL MEDICAL CENTER Port Lavaca, Texas PSP Project No. 489450 April 10, 1990 CONCEPT PLAN 4B — 1ST Floor Renovations Administration Wing 5,662 sq. ft. @ $30.00/sq. ft. .................. $ 169,860 Dining Room Revisions 1,410 sq. ft. @ $25.00/sq. ft. .................. $ .35,250 Revisions in Kitchen New sinks, relocate dish wash ................... $ 20,000 Passage Behind Food Service Storage, To West Additions 527 sq. ft. @ $30.00/sq. ft. ($15,810) 240 sq. ft. @ $50.00/sq. ft. ($12,000) Total ..................... $ 17,810 Maintenance Conversions Raise Floor, Install Ramps, Office ................. $ 40,920 Central Supply/Materials Mgmnt. 6 Pharm. Renovate Cone. Construction 3,412 sq. ft. @ $30.00/sq. ft. ($102,360) Renovate Wood Construction 2,665 sq. ft. @ $60.00/sq. ft. ($159,900) Total ..................... $ 262,260 Plumbing repairs under 3 story construction ........ $ 25,000 Total 1st Floor Renovations ...............................$ 581,100 • 612 MEMORIAL MEDICAL CENTER Port Lavaca, Texas PSP Project No. 489450 April 10, 1990 is CONCEPT PLAN 4B New diagnostic and treatment first floor addition to the West, with new 6-bed ICU, new Second Floor 27-bed Med/Surg Unit together with 6 Postpartum and 2 LDR above the First Floor diagnostic additions and some remodeling to the existing building. Existing Medical Records building removed. Medical Records and Administration in First Floor South Addition. Home Health Care in Southeast remodeling. Respiratory Medicine, Cardiology, and Physical Therapy on Second Floor in remodeled areas. Work on Third Floor restricted to code required and air conditioning. Bed Count of 73 beds includes 40 new and 33 existing as follows: 6 ICU (New 1st Floor Additions) 27 Med/Surg (New 2nd Floor Additions) 6 Postpartum (New 2nd Floor Additions) 2 LDR (New 2nd Floor Additions) . 33 Med/Surg (Existing 3rd Floor, Recommedn 20 set-up beds) Parking for 160 cars based on the following: 1 car for each bed patient: 73 _ '1 car for each daytime employee 75 Cars for clinc patients 12 • Probable Costs: New Construction: - 1st F1. West 33,889 SF x $120.00/SF ...$4,066,680 1st Fl. Admin. 3,026 SF x $ 60.00/SF ...$ 181,560 2nd Floor 16,952 SF x $100.00/SF ...$1,695,200 First Floor Renovations ..................$ 581,100 Second Floor Renovations .................$ 155,350 Third Floor Replace AC in Patient Bedrooms and Code Work .................$ 115,000 Demolition ...............................$ 44,300 Fixed Equipment (incl. in sq.ft. budget)..$ -0- Subtotal............................................$ 6,839,190 Architect/Engineer fees ..................$ 512,939 Administrative costs .....................$ 75,000 Asbestos abatement .......................$ '60,000 Moveable Equipment ...... ..............$ 0 Contingency (5% of 6,839,190) ............$ 341,960 Subtotal ...........................................$ 989,899 TOTAL PROBABLE COST FOR CONCEPT 4B: $ 7,829,089 613 ACCOUNTS ALLOWED - COUNTY Motion by Commissim er Mikula, seconded by Commissioner Smith, and carried, that the statement of Page, Southerland and Page in the amount of $34,783.13 be approved for payment out of the contingency fund. • THE COURT RECESSED UNTIL APRIL 13TH AT 10:00 A. M. APRIL 13, 1990, 10:00 A. M. ALL MEMBERS PRESENT ACCOUNTS ALLOWED - COUNTY Claims totalling $105,249.26 were presented by the County Auditor, after reading and verifying same, a motion was made by Commissioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. HOSPITAL - STATEMENT OF HERMANN HOSPITAL Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the statement of Hermann Hospital in the amount of $117,452.07 be returned to the Hospital Board of Managers and asked that they take --action on bill before it is returned to the Commissioners' Court. A motion was also made by Commissioner -Hahn, seconded by Com- missioner Mikula, and carried, that the hospital bills not be sent to the Commissioners' Court until approved by the Hospital Board and notice sent to the Commissioner's Court that bills have been approved. BIDS AND PROPOSALS - AIR-CONDITIONING SYSTEM. COURTHOUSE ANNEX The following bids were received for an air-conditioning • system for the Courthouse Annex and after reviewing said bids a motion was made by Commissioner Hahn, seconded by Commis- sioner Mikula, and carried, that the' -low bid of Hayes Electric in the amount of $21,500.00 be accepted. 614 • 11 • Page No. of Pages HAYES ELECTRIC SERVICE "Electrical, Heating, Cooling Contracting & Supply" 814 West Main Street PORT LAVACA, TEXAS 77979 (512) 552.9538 PROPOSAL SUBMITTED TOy. - PHONE DATE 4.COUNTY ATMTTOR APRIL 13 1990 STREET_nMTr JOB NAME CALHOUN COUNTY, TEXAS, 211 S. ANN CAL110UN COUNTY COURTHOUSE ANNEX - ROOFTOP C CITY, STATE AND ZIP CODE JOB LOCATION PORT LAVACA TEXAS 77979 UNIT REPLACEMENT ARCHITECT DATE Or PLANS JOB PHONE We hereby submit specifications and estimates for: WE -PROPOSE TO FURNISH 711E NECESSARY MATERIALS AND_LABOR TO REPLACE.'IM EXISTING ..,._._ROOFTOP,AIR CONDITIONING & HEATING UNIT AT THE CALHOUN.-COUNTY COURTHOUSE..ANNEX _... ACCORDING.TO_THE_SPECIFICATIONS FOR.THE SUM AS SHOWN.BELOW. INN Pk rillpaHe hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: _ TWENTY ONE THOUSAND FIVE HUNDRED & N0/100'S----------------------- dollars($21 500.00 Payment to be made as follows: AR materud Is guauIlona to be A, specified. Alt wad to be completed in a woMmenlike manner according to standard Any alteration or deviation from specific, Authorized % 1 practices. above k tioos involving extra costs will be executed only upon written orders. and will become an Signature V extra charge over And above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry file. tornado and the, necessary insurance. Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within . days. ArreptattCF of Frapasal —The above prices, specifications \ and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature FnPu rla.l fnevolmlF �eM- avnnnnu e..... /nm�rn,w n...�. ..... n..nn 615 LENNOX PROPOSAL VICT49RIA AIR CONDITIONING, INC., 513 PROFIT DR. a VICTORIA, TX a 578.5241 PROPOSAL SUBMITTED TO B.H. Comiskey, Jr. CPA - County Audito PHONE 553-4499 PATE April 12, 1990 STREET 211 S. Ann - County Court house JOB NAME Unit Replacement CITY, STATE AND ZIP CODE Port Lavaca, TX 77979 JOB LOCATION ARCHITECT DATE Or PLANS J08 PHONE We hereby submit specifications and estimates for: Replacement of Modine Unit as per specifications We f rOV09P hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Twenty-six thousand one hundred seventy-seven dollars--dollarsq 26,177.00 Payment la be made as follows: Net Due 30 Days After Invoice We agree to provide the above -described materials and services upon your request pursuant to the terms of this &"cement. We will Invoice you for the ..at of such meterlale or limiicaa, and you epee to pay the full amount of each Invoice within thirty (30) days team the dale of each [.vote.. In the event that say Invoice Is not paid within thirty (30) days, Interest on such unpaid balance shell commence *coming at the annual late of eighteen Dement (18%). Thereafter, you shall be liable for payment of the invoice amount plus Interest seemed to the date of final payment of such Invoice. In the event that it becomes necessary for us to brine suit to collect any unpaid amounts pursuant to this agreement, you Allen All, be liable toe pay- ment of tea Is guaranteed to be as s fee, i which w lk to be event be lea than fifteen percent (1 the & f the Invoice plus lawful ldleseat. completed i • workmanlike All manner Is gtostandard to ha n specified. All noon to be tionfrom according manner acmdie t a standard practices. Any my Upon rite order tram acme comet an Authsignarired inH extra cows will be macmed only upon written orders, and will become is signature bona Inyolvcharge upon etriers, accidents A Ga rye ion extra la srbe over and canto the enemata. all agreements o and other owner to urn ma, rrmaer nsu once. earsr.ry m+wwe. Note: This proposal may be 30 or delays reared our covered Our worsen are lolly covens by Workmen's CrmpenuHon insurance. withdrawn by us it not accepted within days. Arreptunrr of 11ropoli ll —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature -.• • • 616 • • j10}1U��ll Page No. of Pages SMITH ELECTRIC CO., INC. P. O. BOX 174 1 210 E. AUSTIN ST. PORT LAVACA, TEXAS 77979 (512) 552-3300 or 552-5900 PROPOSAL SUBMITTED TO - PHONE DATE APRIL 12, 1990 STREET JOB NAME AIR CONDITIOlIER CITY, STATE AND ZIP CODE JOB LOCATION COURTHOUSE ANNEX ARCHITECT DATE Of PLANS 108 PHONE We hereby submit specifications and estimates for: Labor and Materials to install one TRANE MOD. SEHD-C30 nominal 30 ton rooftop unit with the following: .1. Single 3 step unloading compressor. 2.Economizer control with baromaetric relief. 3.Five year compressor warranty. 4.Wall mount thermostat for field installation. 5.Retromate roof curb adaptor to match existing roof curb and new replacement rooftop unit. 6. 100 KW Electric heat. 7. 46013/60 voltage S.Hinged access pannels. 9.condenser coil guards. Be 11rapoeP hereby to furnish material and labor — complete in accordance with above specifications, for the sum 01. E Y TWO THOUSAND THREE HUNDRED EIGHTY ONE AND 25/100 dollars(8_22 301.25 1 Paymen to be made as follows: UPON COMPLETION. All material is guaranteed to be as specified. All work to be compiled in aworkmanlike manner lemrding to standard Practices. Any alteration or deviation from above speullca. Authorized tlons involving extra costs.wilt be executed ony upon written orders, and will become an Signature eats charge over and above the estimate. All agreements contingent upon strikes. accidents or delays beyond our control. owner to carry lire, tornado and other necessary mmdnnc, Note: This proposal may be Our woAen are rugs covered by workmen's Compensation lnauran,e. Withdrawn by us if not accepted Within 15 days. •r( Arrept$IIIF of f ropoHA1_The above prices, specifications Ijl and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature 617 rage No. of Pages �! la PHONE A/C 512 - 552-2412 Coastal Refrigeration 552-97 D7 824 HWY. 35 BY-PASS PORT LAVACA. TEXAS 77979 PROPOSAL SUBMITTED TO B. it. Comiskey, Jr. C.P.A. PHONE 553-4610 .ATE April 13. 1990 STREET JOB NAME County Auditor Annex City, STATE AND ZIP CODE JOB LOCATION 211 S. Ann Annex ARCHITEcr DATE OF PLANS JOB PHONE Port Lavaca, Texas We hereby submit specifications and estimates for: PACKAGED ROOFTOP COOLING UNIT WITH ELECTRIC HEAT........ Complete installed job as per specifications .... $24,980.00 Or Fr0{tUDP hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Twenty-four Thousand Nine Hundred Eighty Dollars ...• dollars (s 24,980.00 Payment to be made as follows: to be as ces Any All work to be completed in s workmanlike All material is gusto standard manna according to standard Practices. Any alteration or deviation from above apeuriu- Authorized �/� / =� Signature thus involving extra costs will be amcuted only upon written incurs, and will become an mtla charge over and above the estimate. AN aarea mm.ls contingent upon shArn, accidents or delays beyond our control, owner to carry fire, tornado and other necessary insurance. Note: This pr ppsal may be our wil are fully covered by Workmen's Compensation Insurance, withdrawn by us If not accepted within days. Arreptnnre of Froltanal—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Dale of Acceptance. Signature • • • BUDGET AMENDMENTS - PUBLIC HEARING A public hearing was held on budget amendments for the 1990 Budget. A motion was made by Commissioner Hahn, seconded by Commissioner Smith, and carried, that $100,000.00 be transferred from the Road:& Bridge General Fund and divided equally between the four (4) precincts - road _and bridge materials to be increased • $25,000.00 in each Commissim er?s precinct. Motion by Commissioner Mikula, that Commissioner Belk and Commissioner Smith be named to a committee to study rates at the landfill. Motion died for lack of a second. It was finally decided that Commissioner Mikula and Commissioner Hahn would be on the committee. The Court postponed the public hearing on the budget amendments until Monday, April 16th at 10:00 A. M. CLOSED SESSION - PERSONNEL MATTERS The Court being in open session in compliance with the pertinent provisions of Sec. 3A of Art. 6252-17 of Texas Civil Statutes the County Judge as presiding officer publicly announced that a closed session would now be held under the provisions of Sec. 2e of said Art. 6252-17 for the purpose of.discussing personnel • matters. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said closed session, this meeting will be reopened to the_ public. The Court then went into closed session. At the end of the closed session the meeting was reopened to the public and a motion was made by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the Court employ Jim Velasquez to fill the Sanitarian II position. BUDGET AMENDMENTS - PUBLIC HEARING The Court continued the public hearing on the 1990 Budget Amend- ments. By general consensus the County Treasurer, County Judge and County Auditor are to approach the County Depository and arrange • for interim financing for construction of the new library. A motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried, that $25,000.00 be transferred out of fund #25-705580 and increase line item #25-705550 by $25,000.00. 619 Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that $115,000.00 be transferred from line item #15-640496 and increase line item #15-695495 by $115,000.00. Commissioner Hahn voted no. Motion by Commissioner Hahn,. seconded by Commissioner Mikula, and carried, that the following budget amendments be approved: (amendments recorded pg. 619) CONTRACTS AND AGREEMENTS DEPT. OF HIGHWAYS AND PUBLIC TRANSPORTATION - FARM TO MARKET 1090. Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following agreement between.the Commis- sioners' Court and State Highway and Public Transportation Commission be approved: (agreement recorded pg.,666) ACCOUNTS ALLOWED - COUNTY Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following be approved and paid: • Victoria Communications Services Foss, Cates, Hudson & Simms Texas Dept. of Health Juvenile Probation Dept. General Fund Memorial Medical -Center:- Motorola, Inc. THE COURT ADJOURNED. $ 505.00 71.00 1894.96 945.00 944.58 4728.56 183.75 620 04/17/90 THE COUNTY OF CALHOUN FAGS 1 • BUDGET Ati611F:NT8 AFR)L 16, 1990 ACCOUNT k DESCRIPTION pAiRUNT BUDGET BUDGE[ AMENDMENT FROPOSED BUDGE[ SS 315333 29 HEALTH DEPT SANITARIAN GRANT 0.00 28044,00- 2R044.00- RF.VFPIUE DEPARTH'3FJT TOTAL 315 0.00 28044,00- 28044.00- 15 401202 0 MEDICAL INSURANCE 9343.00 3045.00 12383.00 COUNTY JUDGE 15 401410 0 TRAINING SCHOOLS I750.00 505100- 1245.00 COUNTY JUDGE IS 401571 0 OFFICE EQUIPMENT 0.00 505.00 505.00 COUNTY JUDGE DEPARTMENT TOTAL 401 11093.00 3045.00 14138.00 IS 40245e 0 FORMOSA IMPACI STUDY 0.00 3000.00 3000.00 COMMISSIUPTER'S CGURI 15 402985 1 ECONOi9IC VVELOP.CORP.-COWRIB 30000,00 20000.00- 10000.00 C04.IMISSIGNER'S COURT DEPARTMENT TOTAL 402 30000.00 17000.00- 13000.00 15 403102 0 MEDICAL (NSURANCE 233:T6•.00 7613.00 30969.00 CGUFTfY CLERI: DEPARTMENT TOTAL 403 23356.00 7613.00 30960.00 • 15 406202 U MEDICAL INSURANCE 7007.00 2284.00 9291.00 EMERCGICY W)NAO£MENT 15 406488 49 INSURANCE. -COMPLIER 25.00 20.00 45.00 EMFRG'FNCY M:TNAGEPIENT DEFARTMT TOfAI_ 406 7032.00 2304,00 9336.00 15 427202 0 MEDICAL INSURANCE 9343.00 3045.00 12308.00 COUNTY COURT -AT -LAW DEPARTMENT TOTAL 427 9343.00 3045,OU 12348.00 15 435050 0 TRANSFERS TO IAW LIBRARY FUND 4000.IO 4500.00 8500.00 DISTRICT COURT DEPARTMENT TOTAL 435 4000.00 4500.00 8500.00 15 450202 0 MEDICAL INSURANCE 14014.00 4568.00 18582.00 DISTRICTCLERK DEPARTMENT TOTAL 450 14014,00 4568.00 18582.00 15 45:302 0 MEDICAL INSURANCE 18685,00 6090.00 24775.00 JUSTICE OE' PEACE DEPARTMENT TOTAL 455 18635.00 6090,00 24775.00 15 475202 0 MEDICAL INSURANCE 23356.00 7611.00 30969.00 BISTRICT ATTORI!FY DEPARTMENT TOTAL 475 23:356.00 7613.00 30969.00 15 490204 0 IIRKMH41 COW, INS. 27.00 6.00 33,00 ELECTIONS • 623 041117/90 THE COUNTY OF CALHOIJN PAGE 2 BUDGET A!•IRJDMFITIS APRIL U., IN ACCOHNT e DESCRIPTION CURREW BUDGET BUDGET AWN504T PROPP16ED BUDGET DEPARTMENT TOTAL 490 27.00 6.00 33.00 49`2iiZ 0 FiEDTCAL IFJSUI?AF7CE 18655,00 6090.00 24775.00 COUNTY AUDITOR`S DUARTMENT DFPARTMENITOTAL 495 18685.00 6090,00 24775.00 15 4`t%02 0 MEDICAL INSURANCE 4672.00 1522.00 6194.00 COUNTY TREASURER'S OEPARTHCHr DEPARTNINI' TOTAL 497 46-71.00 1522.00 6194.00 15 499202 0 MEDICAL INSURANCE 2335E•.00 7613.00 30969.00 TAX COLLECTORS DEPARTMENT DEPARTHFIJT TOTAL 499 -1355.00 7613.01} 305'69.00 15 E10039 0 fWS.IO AIRPORT FUND-IMPROVHT 0.00 8500.00 8500.00 BUDDING DEPARTMENT 15 5i0:02 0 MEDICAI INSURANCE 32699.00 106`7.00 433`6.00 BUIID7NG DEPAk1TifNT i` 51+0Z)4 0 1400,114FIS 00?1P. INS. 721.0,OO i30.00 ',•390,00 DUII_DIidG DE'rARTP!Ei•IT 15 510579 0 ANNFA-A/C UNIT 30000.00 QSOi;,;:O- 21500.00 DUILDING DEPARINFNT OFPARTME_NT 'fOfAL 510 1.9959,00 10787.00 80746.00 15 S1220< 0 MFDICAI INSURANCE 28028.00 913`.O0 -7163.00 JAiI DFPAR1tiEirT LLPARIMF1dT TOTAL 512 2C'6218.100 9135.00 37163.00 i5 539r3 0 TRANSFEt; TO AIRPORT FLcli 79.•5.00 10400.06 - IX3365.00 AIRPORT DEFAR11HUT DF.PAR'filEilT TUTAI_ `.39 7915.00 1040,, . i'5.5.00 IS 54:•3GO 0 C'ARTS AND SUPPLIES F.OUI?YC!JT 560.00 41.U0- u'i^.00 FIRE PROTECTION PORT LAVACA iv 5435 0 3 FClUIYr"ENT: EsIOYE EJECTOR 900.00 11.01, 941.00 FIRE PROTECTION -PORT LABACA DEPAG1IkiJT TOTAL 543 17LO.00 O.i�O 1760.00 IS 547183 0 INSURANCE 1680.00 3^5.00 19=:5.00 FIRE PROrECHOi PORT 0`COiNO2 DEPARTNEFII TOTAL 547 1650.00 33`_�.00 1935.00 155 %5002 0 MEDICAL INSURANCE 90096.00 31972.00 130668.00 SHERL"F'S DEPARTM-W DEPARIMENT TOTAL 565 98096.00 31972.00 130068.00 15 566202 0 MEDICAL INSURANCE 14014.00 4568.00 IB._S'2.00 SHERIFF'S NARCOTICS DEPARTMENT DFPARI'MENT TOTAL 566 14014.00 4561.00 18:•32.00 • • 622 04/17/90 • ACCOUNT 4 D_SCRIFFION 15 5701155 2 CONTRACT EXPENSE -JUVENILE DEFAFlfMENT TOTAL 570 I'i 589202 0 MEDICAL INSURANCE DEFAR RIENF TOTAL %9 IS 630342 u INMITICIDLS DEPARTMENT FOfAL -:'0 15 636102 18 SANIIARIAN' 15 635201 0 SOCIAL SECURITY 15 635202 0 MFDICAL INSURANCE 15 635203 0 RETIRFtWNT 15 635204 0 WORKFiENS COMP. INS. 15 635206 0 UNII:MPLDYN6NF INSURANiCE 15 635480 48 NOTARY BOND DEPARMENf TOTAL 613 IS 640496 0 INDIGENT CARE RFSERVI DEPARTMENT TOTAL 640 15 650202 0 rFJ)JCAL INSURANCE 15 650590 0 LIHRARY BOOKS DFPARIMENI TOTAL 65O 15 665202 0 M0ICAL INSURANCE Jri 665310 0 OFFICE SUPPLIES 0EPARTt1FNT TOTAL 665 15 695495 0 MISCELL.ANFOUS 15 695495 99 ADVANCE-CHOC.BAYOU PARK PROJCT • THE COMITY OF CALHUHN PAGE _ PAIDGE1 AFi1NHt1ENTS AP'RIL 16, 1990 (URRFNT DUOGFT BUDGET AvI NDHENT PROPOSED BUDGET 7755LG0 39?1.00 31W.00 PROBATION III PARJINTN1 27552.00 3971.00 31543.00 2336.00 722 00 M8.00 BUILDING INSFEf_iICN ➢FPARTIE11i 2'J6.00 72200 3053.00 30000.00 1332.00 31332.00 FiOSOU110 CONTROL DEPARIF:ENT 10000.00 1331.00 31M.00 0.00 18337.00 18337.00 COUN1NI DCPARIMFNT E06,00 1401.00 hl`9.00 COUNTY HEALTH DEPAMT111F 186£5.00 12234.00 30969.00 COUNTY HEALTH DEPAR7L1R1T 5853,00 13/9.00 7232.00 COUNTY HEALTH 11EPARFHG4T 3874.00 1634.00 6500.00 COUNIY HEALTH DEPARINF19 396.00 92,00 483.00 COUNFY KEALM DEFARTN04f 0.00 80.00 80.00 COUNT( HEALTH DEPAR-iNFNT 34864.00 36209.00 71073.00 115000.00 115000.00- 200000.00 INDIGFNI IFALTH CARE 315000.00 115000.00- 200000.00 14014.00 4568.00 18582.00 LIHRARY DFFARIMF.NJ) 24000.00 4500.00- 19500.00 LIBRARY DEPARTHEIIT 38014.00 68.00 33082 00 4907,00 1523.00 6432.00 EXTENSION SERVICE ➢ILPART110if 2000.00 542,00 2542.00 EXTENSION SERVICL DEFAR1MMI 6909.00 2065.00 8974.00 499875.00 320866.00- 179009.00 CONTINr_,ENCIES 0.00 20000.00 10000.00 CONTINGENCIES 623 04 17/'>0 THE COUNTY OF CALHOUN BUDGET AMENDN FITS APRIL 16, 1990 ACCOUNT 4 DESCRIPTION CURRENT BUDGET BUDGET Ai1ENONGIT PROPOSED BUDGET UEPARINEN'i 'iOTAI 695 499575.00 300866.00- 199009.00 TOTAiS FOR FUND 15 1363641.00 295317.00- 1068324.00 TOIALS" FM FUND 16 0.00 0.00 0.00 TufALS FOR FUND 17 0.00 0.00 0.00 I'OIAIS FOR FUND 19 0.00 0.00 0.00 PAGE. 4 C� • 624 04/l/ 0 TAE COMTY OF CALN00H PAGE BUDGET Alif NDMEITS APRIL 16, 1990 • ACCOUNT $ DESCRIPTION CURRENT BUDGET DUDGET AMEN0iiEW PROPOSED BUDGET 20 700020 0 TNANnu TO PRECINCT$ 106-,1000.00 100000.00 1159000.00 ROAD & DRIDGE-GLNFRAL Z0 700202 0 MEDICAL INSURANCE IB655.00 6090.00 24,75.00 ROAD & B;,IDGE-GrMAL DEPAMNEM TOTAL. 700 1077625.00 106090.00 1J33775.00 TOTALS FOR FUND 20 1077625.00 106090.00 1183775.00 • 11 625 04717/90 ACCGUiNT # DESCRIPTIf1A 21 :11390 20 TRANSFERS FRON R & B GFNERAI OEPARrwiiI TOfAI_ 3'21 .-I 701 fT2 0 14EDICAL TNSURANCE tl 101339 0 ROAD AND BRIDGE SUPPLIES DEPARTKE'NT TOTAL 701 OOTALS VOR FUND 21 THE COUNTY OF CALHOUJ PAGE 6 BUDGFf IMFNDMFtJTS APRIL 16, 1990 MRENT BUDGET BUDGET ANENIMENT PROPA5:'D BUDGET 214000.00- 25000.00- 239000.00- REVENUE 214000,00- 25000.00- Ys9000.00- 22- ,.00 7615.00 3(969.00 ROAD & BR)DGF-PRFC:1NCl #1 94819.00 1896.00- 9,2923.00 ROAD & BRIDGE -PRECINCT #1 118175. 00 5717. CIO 00 9532:i.00- 19M.00- 11a108.00- 0 • 626 04/17/90 • ACCOUNT # DESCRIPTION 212 3223?0 20 TRANSFERS FROM R & D GEMcP CEF'ARTi•TENT TOTAL 32l 22 702202 0 MEDICAL INSURANCE 22 702335 0 OMER SUPPLIES 702339 0 ROAD/DRIIIGE MATFHIAI S 22 702453 0 REPAIR.-FQIIIPMENT 22 702454 0 OUTSIDE MAINTENANCE. 22 702460 0 EQUIPMENT HIRE DEPARTMENT TOTAI 70: TOTALS FOR rUND • • THE COUNTY OF CALHOUN FADE 7 BUDGET ANENDM'cNTS AF'RIL 16, 1990 CURKIlf ➢UOGET BUDGET AIIFNOMENT FROF'OSE➢ BUDGET 2h000.00- 233000.00- REVENUE 25E'00Ci.Ci�- 25000.Ce3- .`+_3ii00.00- 233611..CIO 7613.00 30969.00 ROAD & BRIDGE-PRFCINCT #2 4000,00 1000,00 S000,00 ROAD & BRIDGE-PRECTNCT #2 SK56.00 24!1'.00 113663.00 ROAD L BRI➢GE-PRECINCT #2 6500.00 1:500.00 MOM ROAD & BRIDGE-P'RECEiICT #2 300f00 1500.00 4500.00 ROAD E: bRIDGF-ERTCRdCT #2 4000,00 1000.00 5000.00 ROAD & BRIDGE -PRECINCT V 129712.00 37425.00 167137.00 1292PB,00- 12425.00 115363.00- 62 7 04117i'ti THE COUNTY OF CAL HOUN PAGE 8 BUDGET AMENIVENTS APRIL 16, 1990 ACCOIRIF # DESCRIPTION CURRENT BUDGET BUDGET AhTNwiFNT- PROPOSFD DUDGF.f 3 3233"0 2i TRANSFERS FROM R & B GENERAL 159000.00- 25000.00- 134000.00- RFVENUE DEP'AUK11T TOTAL 323 159000.00- 25000.00- 124000.00- 23 70:3 02 0 MEDICAL INSURANCE 14014.00 4568.00 1&582.00 ROAD & BRIDGI--PRECINCT #3 23 703331 0 6ASOLIjNE1GILIDIFSEL 9000.00 2000.00 IION. 00 ROAD & BRIDGE -PRECINCT #3 "s 10J, ii ROAD/BR1I]GE MATERIALS 107/06.00 25000.n0 132706.00 ROAD & BRIDGE-PRFCINCT #3 S 7034:53 0 REPAIRS EQUIPMENT 3500.00 1500.00 5000.00 ROAD & BfiiOGE-PRECINCT #3 23 %034G0 0 EOUIPHENT HIRE 2000.00 500.00 2500.00 ROAD & BRIDGE -PRECINCT #3 DCPARTHHT TOTAL 703 136"0.00 33563.00 169783.00 IOTALS FOR FUND 03 22780.00- 8568.00 1421 .00- • • 0 0 04/17/90 THE COUNTY OF CAI.HOUN PAGE '7 PUDGfI A1161 • RPRiL 1, 1990??0 ACCOUNT # DESCRiF'TION CURRENT BUDGET SUDGEf ArENDMENT PROPOSED Brwu 24 324390 2i1 TRANSFERS FROM R & B r_,FNERAL 4B31000.00- 25000.00- 453000.00- REVENUE f�F'ARTFIENF TOTRi. 324 423000.06- 25000.00- 453000.00- 24 704202 O MFOICpI INSURANi:F 46i12.n0 15225.00 61937.00 ROAD &BRIDOE-PRECINCT #4 24 104333 0 TIRES AND TUBES 00.00 1200.00 3700.00 ROAD & BRIDGE -PRECINCT 14 24 704339 0 ROAD/BRIDGE HAIERJALS 255564.00 IW51.00- 230813.00 ROAD & BH.IDf_,F-PRECINCT #4 24 704350 0 PAR M/SU'PLIE:3-F.CNII'MENT 11000.00 3000,00 14000.00 ROAD & BRIDGE-FRECINCT #4 24 704420 0 IELEPHONF 1200.00 400.00 1600.00 ROAD & BRIDGE-PRECINC'T #4 24 704431 0 RADIO MAMfENANCE 100.00 500.00 600.00 ROAD & DRIDDE-PRECINCT #4 24 704370 0 MACHINIRY/EOUIPMF.NT 200010.00 20000.00 40000.00 ROAD & BRIDGE-FRFCINCT #4 DEPARTMENT DOTAL 704 337076.00 24574.00 361650.00 101ALS FOR FUND 24 :-11924.00- 426.00- 91350.00- TOTALS FOR FUND 25 0.00 0.00 0.00 1(11AlS FOR FUND 26 0.00 0.00 0.00 • TOTALS FOR FUND 27 0.00 0.00 0.00 TOTALS FOR FUND 31 0.00 0.00 0.00 TOTALS FOR FUND 32 0.00 0.00 0.00 TOTALS FOR FUND 3 0.00 0.00 0.00 TOTALS FOR FUND 34 0.00 0.00 0.00 • 629 04/17/90 THE COUNTY OF CALHOUN BUDGET AMENDMENTS APRIL 16, 1990 ACCOUNT # DESCRIPTION C1IRRFNT BUDGET DUDGET AMENDMENT PROPOSED BUDGET 339390 I'l TRANSFER FROM OFNERAL FUND 7965.00- 18900.00- 26.865.00- REVENUE DEPARTMENT FOTAL 339 7965.00- 18900,00- 26865.00- 39 73�531 0 AIRPORT IMPROVEMENTS 0.00 MOM,) 18900.00 AIRPORT FUND DEPARTMENT TOTAL 739 0.00 18900.00 18900.00 TOTALS FOR FUND 39 7965.00- 0.00 7965.00- FDFALS FOR FUND 41 0.00 0.00 0.00 TOTALS FOR FUND 42 0.00 0.0O 0.00 TOTALS FOR FUND 43 0.00 -0.00 0.00 TOTALS FOR FUND 44 0.00 0.00 0.00 TOTALS FOR FUND 45 0.00 0.00 0.00 101ALS FOR FUND 46 0.00 0.00 0.00 TOTALS FOR FUND 47 0.00 0.00 0.Of) IGTAL'S FOR FUND 48 0.00 0.60 0.00 TOTALS FOR FUND 49 0.00 0,0i1 0.00 PAGE 10 E • • 6v0 04117/ 0 THE COLPIIY OF CAL401111 FAFIF 11 OUDOET AMBIir _NTiS, AFRiL ib, 140 ACCOLIFif >E OESCRIPTIOM CURRENT DI'DiTT "HOUET MIFNFP:HT F'RCuPOSED DUDOET 50 3 0.'.40 15 TRA7SFER`: FRONT OHJFRAL FUfJO 40oO.('0 4(50Cl, 00- S500.O0- REVENUE DEPARRIINT TOlill, 350 4000.00- 4`00.00- O OU.00- "? i505.0 0 LIARARY POCKS 34'lO.iPJ 4`i:U.00 1 "60.00 LAl4 LIUKRIf FURNO DEPARTMENT TiITAI ; 0 C.,400.00 4800.00 IMO. 00 TOIM', FOR FIIID `q 44r1c,I0i 0.00 4400.00 TOTALS FOR FIND `l 0.00 0.00 0.00 7nTFd, FUR NIVlD 0.i0 0.00 0.00 TOTALS FOR FUND 53 O.()O 0.00 0.00 TOTALS FOR FOpIO 54 0.00 0.00 0.00 TOTAL: FOR FUND ?5 V.90 0.00 0.00 TOTALS Fi1R FUND _ I O.0) 0.00 0.00 TOTALS FOR RIND A4 0.00 0.00 0.00 TIi1ALS FOR FUND 65 0.00 0.00 0.00 O7TALS FOR FL!`!O 60 0.00 0.00 0.00 IOTALS FOR FUND 67 0.00 0.00 0.00 MAU FOR FU"Ell it 0.00 0.00 0.00 • • Gal • 0 1117/90 THE. COUNTY OF CALHO[PN PAGE 12 BUDGET AMENI IENTS APRIL Ib, 1990 ACCGLUT S OESCPIT'TION CURREFNT DUDGLT BUDGET AMeiNDMEFNT PROFOKO BUDGET cd 9&:105 1 SITE FiONITUk 0.00 14400.00 14400.00 SAi1I1ARY LAiNDFILL ENTERPRISE z:b 9B0i:!`-•' 0 P:MPORARY EMPLOYEES 44(10.00 •_000.00 IV- ;00.CIO SANIiARY LANDFILL 6VTERPRISE ,0 n802 1 0 SOCIAL SECURITY 80?0.00 I561.00 95L89.00 SANITARY LANDFILL ENTERPRISE cO 9dG262 0 Nllb,AL LtlSIU;ANCE 23"s:56.00 13507,00 2/163.00 SANITARY LANDFILL 'ENTERPRISE :_0 c,'3 C,3 0 REIMLNENT 7:;48.00 I000.00 E•;.13.00 SANITARY LANDFILL ENTERPRISE :i0 90C,204 it 110RKINIEWS COW. Us. 13i33.00 2I 9.00 15612.00 SANITARY LANDFILL ENTERPRISE G ^, it'i%u 0 UINENt'UjYF4NT INSURANCE 524.00 e200 59G.00 SANITARY LANDFILL ENTERPRISE 30 9l(-42 0 L4nVFL RFINGLICEiNEWS 750.00 4000,00 47y0.00 SANITARY I- MOFILL EN[ERPRISE +0 9C04_;0 0 LEGAL NOTICES 0.00 300.00 300.00 SANITARY LANDFIII ENTERPRISE • g0 OC4`3 O ;KPA(lclI- EOUIPEiEFIT 17Ri,0.00 4644.00- 121 d.00 SAdIFARY IANDFILL ENTERPRIK E:0 9C:iip.=.;j 0 FOLIIFMEilT HIRE .^.630.C,0 71•00.00 1OI,41D.00 SAII11ARY LANDFILL ENTERPRISE 30 980494 0 [i: DFPT OF HEA:EH-ANNUAL FFE 2730.00 150i10.O(i 1i5D0,00 SAHITARY LANCIPILL ENTERPRISE EO 665`_ 0 CONTRACT CON TRUCTIOFN-FLNCE 21,320.00 9693.00- 12227.00 SANITARY LANDFILL ENTERPRISE DEPAR MENT TOTAL 930 10911 Y. 00 5119". 00 160311.00 1OTAI:3 FOR FUND SO 109119.00 511r2.00 160311,CIO 632- 04/17/50 PF C'iL!NTY OF CALHOL!N PACE I>: VIDGE1 AMNDNENTS AF'RIL 16, 15"YO ACCOLRfI( 4 D'RRIPFIOiJ (L!Pr'=idT BUOOET DROET W.-NDNEiJT PROFUSED BUDGEF 31 931570 0 11ACHINLRY AND EOUIPNENT 45009.00 55000.00 100000.00 SAMITARY LANDFILL RFPLACEI .NT PFFARMUIT fuTAL 31 4 0(!O.00 5;000.00 1(10000.00 1OTALS FOR FUND 'I 4`AOG.00 5a IIII).00 100000.00 GRAND TOTAL • .,SvOi.00 00 j "I .00 633 CALHOUN COUNTY, TEXA5 CONTINGENCY ANALYSIS APRIL Id, 1990 UNENCUMBERED BALANCE 4/13190 rrra+awaa+ G.L. ACCOUNT 15-695495 450,170 GENERAL FUND AMENDMENT REQUESTS: NO. DEPT EXPLANATION +++ +ar+ w»wwa+w r+ 1 All General Fund Group insurance premium increase (123,256) 3 Commissioners Court County's portion of Formosa Impact Study (3,0001 4 Emergency Management Additional premium to insure donated j computer equipment (901 ✓ )1 P.O.C. Fire Dept Additional premiva to insure equipment as requested by PGC VFD 13351 13 Mosquito Control Arount needed to pay for quantity per bid (1,332) 14 Health Dept County cost to pay Sanitarian under / State block grant (473) 15 Haalth Dept Notary bond (90) 16 Extension Service 1989 bills not submitted by deadline for 'B9 charging budget (5491 17 Contingencies Segregate County portion of Mag.Beach Sewer Project (9-I1-B9 resolution, Phase 11 application for TCDP funds) l0 Contingencies Reduce budget by amount 1/1/90 cash fell short of projection par 1990 budget (M 317) 33 Juvenile Probation Additional workers' romp premium for �B9 19451 34 Elections,Bidg Maint Additional workers' comp preniva fcr 'S9 (1361 .� ..,. Airport Airport irprovenents it0,400) t,/ Remaining unencumbered ccr,tingenc•/ balance 3U'-� .t10;690111� 4,0 /j- �� 9 ��,;u(Iui c.+ 1es (j5-(DLlo�l9(�� 0 - * 450,170.00+ 14,304.00- 435,866.00* 435,066.00- 115,000.00+ —000 320,066.00* •i.l iiitt+. n �J • • 634 C • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: ll L� �rye � n I' - � 1nM (Department making this request Date: I request an amendment to the )� �Q_ budget for the (year) following line items in my department: GL Account # i 5 - q o7 C2, � � 4,)3 gal q-50 45✓, Account Name Amendment Amount '1 aaY 4a l�K 6o9(1 1613 3�4(r A CA ) 0 4 Reason Net change in total budget for this department is: $ 1 A3 ag \ -(a Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: ou Cby'i Date posted to General Ledger account(s): 635 BUDGET AMENDMENT REQUES711 • To: Calhoun County Commissioners' Court From : (Dep me- ig this request) Date. 3- ► A Q _ I request an amendment to the ---I_1 I O-- budget for the (year) following line items in my department: Amendment GL Account # Account Name Amount Reason 1111YY111YYY1 1Y11111Y11111111Y1 LYYYM111YY1YYY 11YY11YYY11Y1111Y 11 Net change in total budget for this department isr Other -,_.ma.'�-4:a ;!..rstifi.catic:a-r: I understand that my budget cannot he Commissioners' Court approval is obtai Signature of official/depart..ment tread° Date of Court anpro'eal amend's -,s 1 Date posted to General Ledger .:._count(s): 636 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court • From- � L1 (Department making this request) Date: 10 1� S 9 • I request an amendment to the _�y �l budget for the (year) following line items in my department: GL Account # M1 111111111Y1Y • Amendment Account Name Amount 11111Y..YY1111YY11 11111Y1Y1111Y Net change in total budget for this department is: Other remarks/justification: $ I understand that my budget cannot be amended Commissioners' Court approval is obtained./6 Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): Reason 111111111111111111M1 sted until _3 Ott i BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: /Y�t4.4GQ,kC�,L- U � I�iMltaQ'Y1cQ� (De artment malting ihis request) Date:- 1 O I request an amendment to the I I� _ budget for the (year) following line items in my department: Amendment GL Account M Account Name Amount Reason Y1M1Y1111Y1M11Y 111111M1M1Y11M11YY1M11 Y1YM1M11Y1111YY YYYYM111YY1Y1111Y11Y Net change in total budget for this department isz S Other remarks/justification: �1v I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: I� Date of Commissioners' Court approval: Date posted to General Ledger account(s): L� • 638 BUDGET AMENDMENT REQUEST • To: Calhoun County Commissioners' Court From: Cllnh (Department making this request) Date: LI -a _90 I request an amendment to the I(jqbudget for the (year)_ following line items in my department: Amendment GL Account # Account Name Amount Reason • 5015-0 C/�(�nfi Lam% 1�IClY ��O NR Qb(Sk(1 W0Mt_ _ s0__36039o, U_�500> gt�ao Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approv.4: Date posted to General Ledger account(s): s139 y DAN W. HEARD HEARD & WHITLOW ATTORNEYS AT LAW 902 SOUTH ANN ►. O. SOS SI PORT LAVACA. TEXAS 77979-0039 TELEPHONE 5131 559.9791 January 5, 1920 Mr. Leroy Belk Calhoun County Commissioner P.O. Box 535 Port Lavaca, Texas 77979' Mr. Stanley Mikula Calhoun County Commissioner Rt. 1, Box 125E Port Lavaca, Texas 77979 The Honorable Alex Hernandez Calhoun County Judge 211 South Ann Street Port Lavaca, Texas 77979 RE: Calhoun County Law Library Gentlemen: JOHN D. "JACK" WHITLOW Mr. Roy Smith Calhoun County Commissioner Route 3, Box 162 Port Lavaca, Texas 77979 Mr. Oscar Hahn Calhoun County Commissioner P.O. Box 177 Seadrift, Texas 77983 I am writing you on behalf of Calhoun County Bar Association in regard to the law library. I have been advised by the auditor's office that approximately thirty-two percent of the 1990 law library budget will be used in paying bills that were received in 1989. It is also our impression that this has occurred in several prior years so that if 1989 bills are paid out of the 1990 budget without a budget amendment we will be again faced with having to pay 1990 bills in 1991. Accordingly, the Bar Association asks that the Court amend its budget to provide funds to pay off all of 1989 bills and provide sufficient funds to pay the 1990 bills. Very truly yours, Original signed by Dan W. Heard Dan W. Heard Secretary/Treasurer Calhoun County Bar Association DWH:jb cc: Lawrence A. Dio, President County Auditor Calhoun County Bar Association Ben Comiskey P.O. Box 165 211 South Ann Street Port Lavaca, Texas 77979 Port Lavaca, Texas 77979 • • 1� u 640 BUDGET AMENDMENT REQUEST To: Calhoun C /o 'unty Commissioners' Court From: Pw+ I ),(M—I a, � LU • (Department making this request) Date: 3-a3_9y I request an amendment to the _ _I !QO _ budget for the (year) following line items in my department: Amendment GL Account 0 Account Name Amount YYYYYYYYYYYYY YYYYYYYYYYYYYYYYYY YYYYYYYYYYYYY Net change in total budget for this department is: Other remark/justification, 336 Reason YIYYYYYYYYYYM1YYM1YNY �4� I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained( Signature of official/department head: r-1�_10J i�dbL� �u.U�ii2 Date of Commissioners' Court approval: • Date posted to General Ledger account(s): 641 BUDGET AMENDMENT REQUEST / • To: Calhoun County Commissioners' Com/�mlisss►iio-n^ers' Court From: �' ' I n(a,illl'T-(_i 1 .hli 1/ d (Dep rtment malting this request) Date: 3 «3 _ o I request an amendment to the __I CIC budget for the _ (year) following line items in my department: Amendment GL Account 0 Account Name Amount Reason YYYYYIYYYYYYY YYYYYYYYYYYYYYYYYY YYYYYYYYYIYYY YYYYYYYYYYYYYYYYYYY • Net change in total budget for this department is: Other remarks/justification: 4 0 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: /n Date posted to General Ledger account(s): 642 BUDGET AMENDMENT REQUESTIJ To: Calhoun County Commissioners' Court • From: I� 11 %1- a (Department)making this request) Date: I request an -amendment to the __LglQ___ budget for the .. .. .. (year) following line items in my department: GL Account # YYYYIYYYYYIYY 15- � Account Name YYYiY1r1YY1111111LY Amendment Amount 1111111111111 i �_ •l.r, i l _lid Net change in total budget for this department is. - Other remarks/justification: Reason Y1YY1Y1Y1Y111Y11Y YY ul . 1 ► ��I I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. (� Signature of official/department head: Z. �__ I I. I1 1', AIll) Date of Commissioners' Court approval: V V UV C.Iry • Date posted to General Ledger account(s): 643 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: L I-� ,a` n � L (De#p`artmen making this request) Date: f_aq_r0 I request an amendment to the 1_I�Q budget for the (year) following line items in my department: Amendment GL Account N Account Name Amount YYYYYYYYYY'FYY YYYYY1rYYYYYYYYYYYY YYYYYY'YYYYYYY Net change in total budget for this department is: $ Q Other remarks/justification: I understand that my budget cannot be amended as r Commissioners' Court approval is obtained. Signature of official/department head: Reason YIYYYYYYYYYYYYYYY Y�Y ed until Date of Commissioners' Court approval: ' Date posted to General Ledger account(s): 15 • 644 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court • From: l (Department making this request) C1 Date; I— I _CO I request an amendment to the __J dk __ budget for the (year) following line items in my department: Amendment GL Account M Account.Name Amount 11111111114111 11t11111M111111t Y1111111111.1�Y Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: • Date posted to General Ledger account(s): /6 645 BUDGET AMENDMENT REQUEST • To: Calhoun County Commissioners' Court From: A A (Department matting this request) Date: LI-3-90 I request an amendment to the __lq_jQ___ budget for the (year) following line items in my department: Amendment GL Account i1 Account Name Amount YYY//Yr!Y'�1YY//1''YYY1 YYYYYYYYn YppYYYYYY•\•Y1 YYYIYYYIYY�Y/YY Net change in total budget for this department is: Other remarks/justification: $< a- �311 Reason Y^YYM1M1•bM1M1YM1M1M1Y'YYYY YM1 • I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. • Signature of official/department head: /� e null ,lloLi a.l�l«�0� ill. Date of Commissioners' Court approval: '7_ �- Date posted to General Ledger account(s): 646 �UDGET AMENDMENT REQUEST 11 To: Calhoun County Commissioners' Court • From: `h/ , A '^�� ►\_/�l (Department making this request) Date: / F q0 I request an amendment to the __6C— budget for the (year) following line items in my department: GL Account # Account Name W Net change in total budget for this department is: Other remarks/justification: Amendment Amount Reason AQ'/1wAdd 'g,,I V I 4TA I I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: ✓L( /� A • Date posted to General Ledger account(s): IG 647 BUDGET AMENDMENT REQUEST To: CalhounCountyCommissioners' Court �� From: k��()0 all dV �� / JP & Irol ��I. OL (Department Aaking this request) Date: L'_2-w I request an amendment to the _j Gq o budget for the (year) following line items in my department: Amendment GL Account # Account Name Amount ►r i �11 I 4• 1 t: Net change in total budget for this department is: Other remarks/justification: Reason a A r Il...u. 1 1 ao � C I understand that my budget cannot be amended as requested until • Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: I-P Date posted to General Ledger account(s): 648 • • • 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: )�8 P VVVV 11C (.LMC, (Department making this request) Date: J - q0 I. request -an amendment to the �Cb budget for the (year) following line items in my department: GL Account # Qi-h01339 QL-I9 L z39_ Amendment Account Name Amount �yN�rce 7 b 13 -(���QAI"M AWiZw Net change in total budget for this department is: Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: �, ^,, ,,(� _I,' IJ p� Date of Commissioners' Court approval: /-19.1T �.h�wu. Date posted to General Ledger account(s): dl 649 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: �41 1. JI1f-n uu (Department making this request) Date: 4-3 - _ 0 I request an amendment to the ! I I 0 budget for the (year) following line items in my department: Amendment GL Account # Account Name Amount �r loa 339 �?AU J 1)7��aoaQ�Q ��mnt�nacv 7(�I Net change in total budget for this department is: -- ---------- Other remarks/justification: Reason 0 as • 40 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. /� Signature of official/department head: L )� (� f 11_ I' I �, kx Date of Commissioners' Court approval: V 4LUJ �\ ( tltrl 6 a� ^n • lXl��"' Date posted to General Ledger account(s): 6550 11 BUDGET AMENDMENT REQUEST 11 To: Calhoun Cou�(nJ�ty Commissioners' Court From: `Q U (x,�l(�L�_��% • (Department making this request) Date: `'f - 3 � O I request an amendment to the-1-__ budget for the (year) following line items in my department: GL Account # _3- 03 a0a. Amendment Account Name Amount Net change in total budget for this department is: Other remarks/justification: $--- Y�6�==-- Reason I.;, lim..: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • a 65l aq BUDGET AMENDMENT REQUEST • To: Calhoun County Commissioners' Court From: (Department making this request) Date: I_ request an amendment to the ZPP,59 budget for the (year) following line items in my department: Amendment GL4Account 4#4 144Account4Name444 'ylpmount4444 4444 Reason • Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. D Signature of official/department head: ,/ • Date of Commissioners' Court approval:I. XJyi� Date posted to General Ledger account(s): 652 BUDGET AMENDMENT REQUEST11 To: Calhoun County Commissioners' Court • From: � R AaUt� f '_ (Department (-,jmaking ���this request) Date: 1 C _ 3_q O • I request an amendment to the budget for the (year) following line items in my department: Amendment GL Account # Account Name Amount Reason QLI- 6.4 cdCQ Net change in total budget for this department is: Other remarks/justification: A)�5� $---- Aa-2 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. (� Signature of official/department head: � ,, _ I I-. n I , _`_ n(1� Date of Commissioners' Court a ° UU approval: G 1, • Date posted to General Ledger account(s): r 6 55 3 BUDGET AMENDMENT REQUE5T To: Calhoun County Commissioners, Court From: ---- (Department majF:ing this request) Date: I recuest an amendment to the _1ggQ_ _ budget (year) follOWing line items in my department: a� d h� "�Jq_' ' �- rvcA4 440o,00 b0 Amendment GL Account # Account Name Amount YYYYYYYYYIYYY YYYYYYYYY1YYYYYYYY YYIYIYYYYYYYY Y-VYYYY,Y,,Y�I,I,YDYYYYII M1M1 sure- mourro2 /y c,1 OM _-- �(L91s� uto0 _ P�Ni rep- �OS--- �ucrsQvfrov_ _(7r3�%— ----- A — I22AV_EI____R€ Jn&LIY MPAi5 ,�000--- -�or_ SC%glo�/s for-- Net change in total budget 55 OOC jcou d �O_ UYY"1w+ for this department is: other r-m_ a01 1+102.00+ a�a 6,194.00+ a03 1>070.00+ a0q 1 ; 469.00+ aO�Q 44.00+ • I urzder'sta OS of be amended ..=-.. regUested until CemmissianD,}-9'879 00* obtained. .Si.enature of official/department head: • Date of Commissioners' Court approval: Date posted to General Ledoer account(=--.): 654 BUDGET AMENDMENT REQUEST To Calhoun County Commissioners' Court is From: (Department making this request) Date: 4 _3 -90 I request an amendment to the budget for the (year) following line items in my department: Amendment GL Account # Account Name Amount g - 0 00� Net change in total budget for this department is: $ Other remarks/justification: Reason Al u i� _�►! � it �, ' ..I 1 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained.. Signature of official/department head: P n��j' 1, 1_L Date of Commissioners' Court approv4---- Date 655 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: d Mc R (Department making this request) Date: 4 - c I -9 0 I request an amendment to the _ MD budget for the (year following line items in my department: GAL �AcQcount # qm Account Name In a Net change in total budget for this department is: Other remarks/justification: Reason Amendment Amount 300 W • is I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: ��---���4�,, ///h • Date of Commissioners' Court approval: & Date posted to General Ledger account(s): 656 BUDGET AMENDMENT REQUEST To: Calhoun AACounty Commis_=-ionei-s' Court • From: -- �/' _ (De par�n :..king this--egte-t) -- Date: I request an amendment to the � `hudq_et for the (Year ) following line items in my department: Amendment GL Account # Account Name Amount M1Y11111M111111 YYIY_4 YYIYM1M1YYY M111M1 c1 3 11Y 4L Net change in total budget for this department is: Other remarla!justit`ication; Reason 11Y=�111Y1YYY 4Y 0o I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of off icialldepartment head: Date of Commissioners' Court soproval: • Date posted to General. L.edger ar-r;nunt!s): aCi 657 11 BUDGET AMENDMENT REQUEST • To: Calhoun County Commissioner--' Court From: (Depart ant Makinly this reque-t? Date: I request an amendment to the __-MO-- budget for the (Year) fallowing line items in my department: GL Account 3i YYYYYYYI1YYYY Account Name YYYYYYYYYYYYYYYYYY Amendment Amount Reason YYlY1Y1YYYYYY YYYYYYYYYYYYIIYIYYY YY mo o �RS:I Net change in total budget 15)000 for this department is: $- _ Other er:..rrF=-!ju.=_tification: • I understand that my budget cannot be aasendad as requested until Cc::zimissioners' Court approval is obtained. Signature of official/department head: o� (�� • Ltil�LafS�X.�-- Date of Commissioners' Court approval: Dace ce=.ted to General L.edoer account(s): 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: / X • (Department making this request) Date: -1. Go I request an amendment to the V budget for the (year) following line items in my department: Amendment GL Account # Account Name Amount Net change in total budget for this department is: Other remarks/justification: Reason JIM Iqq Of)) C1':(.'� lot I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: U" a4,v Date posted to General Ledger account(s): • 659 BUDGET AMENDMENT REQUEST 3q • To: Calhoun County Commissioners' Court From: �hLo.4d lArn — Y �1 ( 8u-�� 6 U L (Department making this request) Date: I request an amendment to the' M o budget for the (year) following line items in my department: Amendment - GL4Account M1ii4 --- Account Name Reason — 4L4 lI- ,:�IA 4yLAmount �— _�� 41GR�1 15-�Inao�1 _N�_ Imp _ Net change in total budget for this department is: $ Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained, Signature of official/department head: I (� 1 Date of Commissioners' Court approvaJl: n� �i Q,I, • Date posted to General Ledger account(s): 3� 11 BUDGET AMENDMENT REQUEST 11 To: Calhoun County Commissioners' Court • From: (Department makiiJngg� this request) Date: I request an amendment t'o/ the _—J Q budget for the (year) following line items in my department: GL Account N Amendment Account Name Amount Net change in total budget for this department is: Other remarks/justification: r V-1 Reason Y Y YY YY Y�.rM1 YYYY M1M1 M1M1M14 �6ay3," I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: ll i • Date posted to General Ledger account(s): BUDGET AMENDMENT REQUEST To: Calhouun� County -Commissioners' Court From: Z����G (Department making this request) Date: 1. request an amendment to the 1990 budget for the following line items in my department) GL Accou'nt # W Amendment Account Name Amount Net change in total budget for this department is: Other remarks/justification: T• -OoO ,00 �� DD Reason I understand that my budget cannot beamended as requested until Commissioners' Court approval is obtained, /%//� Signature of official/department head: !' /.- -7' Date of Commissioners' Court approval: Date posted to General Ledger account(s): -36 • C 662 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From• • (De�tment making this request) Date: I request an amendment to the budget for the (year) following line items in my department: Amendment GL Account # Account Name Amount Reason I l 4 V o'�OO�Xa=5/oo K3, bine t �Q 6� 39-339�g_Q"° �S-S/OS_ 7qq �I Net change in total budget for this department is: Other remarks/justification: 000. �o 1300.0-0 -- S �Oy— e I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: E iA f • Date posted to General Ledger account(s): 3� 663 BUDGET AMENDMENT'REQUEST �/ To: Calhoun County Commissioners' Court • From: (Department makiA this request) Date: q-I oO (Ip� I request an amendment to the' 1990 budget for the (year) following line items in my department: Amendment GL Account # Account Name Amount Reason g0 0 N 6000ra,� IQ�{,roc q mo I� ' ' q59 10 -W o aUY !d[I &r L.L&na (o to a �t-9%0QoIn Ik �l1 Z • Net change in total budget for this department is: $ ------------- Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. }--; ,,-1^,� (�� Signature of official/department head: "�1�..cQQ Date of Commissioners' Court approval: _ Date posted to General Ledger account(s): 664 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: �h%� .k r. r(� ' �/"lPah ,l Ll.166C • (Department making this request) Date: J-1 510 I request an amendment to the- W/O budget for the (year) following line items in my department: GL Account # 6Wd(M_ CI Account Name Mmo.. - ALCLrc�., J b -k- Net change in total budget for this department is: Other remarks/justification: Amendment Amount n 000 Z O 4LP # —o— $ , _4.-TP1.2(1 qa Reason ---ry__ 4,_- Ck-mc.L &LU Td C 1(,mk ht1tPVQ u �; dt�w) I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: nk)L� CA- t nI� r.Ap Date of Commissioners' Court approva]�; G L -Y nr, Date posted to General Ledger account(s): • 6E5 CC 515-3-30 Calhoun County STATE OF TEXAS COUNTY OF TRAVIS • THIS AGREEMENT, made this 16 day of April , 1990, by and between Calhoun County, Texas, hereinafter called the "County", Party of the First Part, acting by and through its Commissioners Court and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the County desires the construction of curb, gutter, storm sewers, driveways, sidewalks and incidental items within the limits from Oakglen Drive to near North City Limits of Port Lavaca on Farm to Market Road No. 1090 and the State will, among other things, provide for the • construction of this work within these limits and the County will contribute a fixed amount of One Hundred Seventy Five Thousand and No/100 Dollars (8175,000.00), in payment for their portion of this work, and WHEREAS, the County by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 86799, as it applies to the County, a copy of which is attached hereto and marked "Exhibit All and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the County will transmit to the State with the return of this agreement, executed by the County, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of One Hundred Seventy Five Thousand and No/100 Dollars -1- • 666 • C • (E175,000.00), it is further understood that the State will construct only those items for the County as requested and it is further understood that the contribution of One Hundred Seventy Five Thousand and Ni Dollars ($175,000.00), by the County shall be a fixed amount for their share of the work. It is further understood that the County by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 86799, as it applies to the County, a copy of which is attached hereto and marked "Exhibit All and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. By: COMMISSIONERS COURT STATE OF TEXAS STATE HIGHWAY AND PUBLIC NOUN CO TEXAS TRANSPORTATION COMMISSION rt t Part Party of the Second Part II By: Comm stoner Precinct Number BY:Ci{ on�missione Pi=ecinc Number ATTEST: Coun y C er Cer ified as being executed for thig purpose and effect of acti- vating a d/or carrying out the s, established policies, or wo rograms heretofore approved and au rized by the State Hta Public Transportation Commission under the authority of Minute Order 82513. By: Director, Contract Managemen -2- 667 5� WHEREAS, in �y in the City TD MA fj'2 R>AD 1090, from State Hi of Port Lavaca on FARM dTstanoe of aPProx_fmatel 0.9 mile he reo nsttucti west 0.9 mile, a recNiredt and y project is h3ir2EAS, the City of Port Lavaca and County have Calhoun offered to provide $3501000 towards the total Calhouncosthis projects and Pr tam MMMM, this Project T."lifies for the 1988-92 Urban system and Public TcctMasor Zed Areas) approved this .late by State Highway P�tattneoComissicn actions directed ttoo�tender the following that the Engineer -Director is and Calhoun County, n9 Proposal to the City of Port Lavaca Provided the City of Port Lavaca and Calhoun County, wills 1. Provide $350,000 towards the cost of this project. • 2, Provide for the cost of construction of continuous curb and gutter, storm sewers, driveways and sidewalks, etc, in accordance with applicable governing Policies.and !egulations of the state Department of Highways and public Transportation. 3, Provide one hundred percent of the cost of utility adjustments as may be required in accordance with policies of the state Department of Highways and public Transportation. 4. Upon eonPletion of the omstruction of this project, maintain that portion of the work which is its responsibility in accordance with federal and state requirements, and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with of gooverrn� policies and regulations of the State Department Highways and Public Transportation. The state Department of Highways and Public,Transportation wills 1. Provide for reconstruction. 2. Maintain that portion of the cork which is ilia responsibility in accordance with present maintenance • agreements. rartrol e • Minute No. 86799 - Continued Upon acceptance of the provisions of this Minute order by the City of Lavaca and Calhoun County, IT IS QtDE M that the Engineer - Director is authorized to prcy,-ed in the cost feasible and economical manner with project development to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and reconstruction at an estimated cost to the Department of $966,000 to be funded from the 1988-92 urban system Program (Non -Major Urbanized Areas) This order shall beoome operative upon acceptance by the City of Port Lavaca and Calhoun County; and if not accepted within 120 days of the date hereof, the action herein contained shall be automatically canceled. Minute No. 86799 January 27, 1988 COPY "EXHIBIT A" SPECIAL APRIL TERM THE STATE OF TEXAS X X COUNTY OF CALHOUN X HELD APRIL 30, 1990 BE IT REMEMBERED, that on this the 30th day of April, A. D. 1990, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 19:00 A. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Alex R. Hernandez Leroy Belk, Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: The Court met at 9:00 A. M. and immediately recessed to go into public hearings on the Formosa Plastics Revised Impact Study and the final public hearing on the Magnolia Beach Project. 9:15 A. M. PUBLIC HEARING, REVISED IMPACT STUDY, FORMOSA PLASTICS A public hearing was held on the Revised Impact Study on Formosa Plastics. There were no public members present for the hearing. By general consensus the Court approved the Revised Impact Study on Formosa Plastics. 9:30 A. M. PUBLIC HEARING - MAGNOLIA BEACH PROJECT A final public hearing was held on the Magnolia Beach Project. There were no public members present for the hearing. THE COURT RECONVENED AT 9:45 A. M. • • UTILITY PERMITS - GENERAL TELEPHONE COMPANY, PRECINCT NO, 2 Motion by Commissioner Mikula, seconded by Commissioner Belk, and carried, that the following permits be approved. MC 600647 ED-135 (REY.1-88) ® GTE Southwest Incorporated NOTICE OF COMMUNICATION LINE INSTALLATION DATE 04-09-90 TO THE COMMISSIONER'S COURT OF CALHOUN COUNTY ATTENTION COUNTY JUDGE: ALEX R. HERNANDEZ CALHOUN COUNTY COURTHOUSE PORT LAVACA, TEXAS 77979 Formal notice is hereby given that GTE SOUTHWAITINNORPORATED will construct a communication line within the right-of-way of a County Road in County, PORT -LAVACA as follows: Beginning at the intersection of McDonald Rd. and Holloman Rd., GTE • proposes to.replace two sections'of cable and also place a new section. First section replacement begins at the intersection and extends north 1580' on the west side of the right-of-way. The second section begins 1.1 miles north of the intersection and extends north on east side of right-of-way. The new section begins 4000' north of the intersection and continues 1700' on the west side of the right-of-way. Proposed cable to be placed 3' inside right-of-way at a minimum depth of 30'. See Attached Sketch. The location and description of this line and associated appurtenances is more fully shown by three ( 3 ) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. GTE • By Construction of this line will begin on or after May 1, 19 DLO . SOUT STINCOR DAVID J. CUSTER PROJECT COORnTNATOR Address P. O• BOX 1112 ROBSTOWN, TEXAS 78380 512/387-6037 CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: DAVID J. CUSTER PROJECT COORDINATOR P. O. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 4-9-90 except as noted below. It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Stanley L. Mikula , telephone 512/552-9646 Commissioner of Precinct No. 2 , forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 30th day of April , 19 90 , and duly recorded in the Minute Book of the Commissioner's Court of Calhoun County, Texas. ,fx72 • • • • n U • M TAX Mr. 4 n Se L{ 116� byl�'�.NL•�, 'AT 2-7-1AO MAM by 17•4: •`J OATX Z:f L i A O A►W19VBb BY bA'g1� AEYIt6A At- BATE on offecm►noN 4„aan P'NO RTPIACC 8CA69 hJ I = ML 1M6ETo►-1® Ilnn .1 001 MC 600607 E0.135 (REV.1.88) ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION TO THE COMMISSIONER'S COURT OF CALHOUN DATE April 9, 1990 COUNTY ATTENTION COUNTY JUDGE: Alex R. Hernandez Calhoun County Courthouse Port Lavaca, Texas Formal notice is hVyereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within P8RThLAVACA f a County Road in CALHOUN County, as follows: Beginning at the intersection of Holloman and Forrester Road, GTE proposes to place a new cable and abandon old cable. This cable will extend 1880' west on the north side of right-of-way. Road will be bored at this point and cable will continue in south right-of-way for 6001. Cable will be placed 3' inside 'right-of-way at a minimum depth of 30". See Attached Sketch. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after Ma GTE SO 39 ATE' DAVID J. COSTER PROJECT COORDINATOR Address P. 0. BOX 1112 ROBSTOWN, TEXAS 78380 19 90 . • 0 • 512/387-6037 674= CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: DAVID J. CUSTER PROJECT COORDINATOR P. O. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN County offers no • objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 04-09-90 except as noted below. It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Stanley L. Mikula telephone 512/552-9646 Commissioner of Precinct No. 2 , forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on • the 30th day of April 19 90 , and duly recorded in the Minute Book of the Commissioner's Court of Calhoun County, Texas. COUNTY JON ex R. Her C� AREA TAX Disc. 90 S6 3 N Er#GWD BY U� Q DAY, DRAWW BY APPROVED BY •� DATE3'3-50 40 DATA3' )0 RLVISSO BY DAT9- SCALL Southwest I ATEXI OEBCJRPIWR N99T I or ( I w. O. NO• iGir-t%10 GUADALUPE-BLANCO RIVER AUTHORITY - PERMITS A motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried, that Calhoun County grant a permit to GBRA to install facilities as shown on the following instruments with the understanding that by the usage of such permit GBRA agrees that such facilities and the installation, maintenance and usage thereof shall 6:/ 6 C� r1 U C SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: January 31, 1990 B. Name of Customer Requesting Service: Calhoun County Precinct #1 C. Number of Connections Wanted: one D. Map Sheet Number: D14 E. Customer Number to be assigned: 16-2665 F. Prospects for Additional Customers to be served by the Proposed Line: 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date k -A,,.. B. Recommended for Installation as submitted: Z a 7-A, Date Signature- C. Recommended for Installation as follows: Date Signature 3• Report of Installation (To be completed by Operations) A. Installation completed:2/5/gn , Date Q Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: 3/1/90 ` 'lC�°Xl�� �A— Date Signat e Engineering: Date Signature be subject to all of the terms and provisions set out in the original contract between GBRA and Calhoun County dated March 21,'1972, and recorded in Vol. R. Pg. 307 of the Commissioners' Court Minutes of Calhoun County, Texas, and that GBRA agrees to be bound by all such terms and provisions. O h b M N sze/ • FoSZ 655 / O � O L6FZ ,! N t o i Y3TC i ti j 4 Y077VkV C al Down Coux.�y 1 6-2 bS • n �J C� Cj • SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: B. Name of Customer Requesting Service: Rick Atchison C. Number of Connections Wanted: 1 D. Map Sheet Number: D - 20 - D E. Customer Number to be assigned: 20 -2666 F. Prospects for Additional Customers to be served by the Proposed Line: 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3. Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: Date Signature Engineering: Date Signature e! 0 fjls7 0 E . pvm�WM ` a.t Ln to ..tD f C� SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: 4-11-90 B. Name of Customer Requesting Service: George Brewton C. Number of Connections Wanted: One D: Map Sheet Number: D-19-B E. Customer Number to be assigned: 19-2668 F. Prospects for Additional Customers to be served by the Proposed Line: 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date is B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3. Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: • Date Signature Engineering: Date Signature 1 'o C N �736 1 G Morton 6071 ThoRIS DOW 735 R.E. EMert i75• zu F • �o 0 0 u 1662 Robert E. Erwin e O L f. Nd• N ' =no Yh� �ao�►�+� 20 P N �.. Y m {7 oe N cc h n 0 � 1 1 �pCKSm� • tl • OD n l�o�e O 1q- a • SERVICE CONNECTION INFORMATION CALHOUN COUNTY RURAL WATER SUPPLY SYSTEM 1. Connection Date (To be Completed by Operations) A. DATE: 4/9/90 B. Name of Customer Requesting Service: Raymond D. Borden C. Number of Connections Wanted: One D. Map Sheet Number: D19A E. Customer Number to be assigned: 19-2667 F. Prospects for Additional Customers to be served by the Proposed Line• 2. Engineering Review (To be completed by Engineering) A. Received by Engineering: Date • B. Recommended for Installation as submitted: Date Signature C. Recommended for Installation as follows: Date Signature 3. Report of Installation (To be completed by Operations) A. Installation completed: Date Signature B. Remarks (If installation differs from recommendations) 4. Posted to "As Built Plans": Operations: Date Signature • Engineering: Date Signature En t- V, ' v N :. . 7 • L B'-1426� I • • C J CONTRACTS AND AGREEMENTS - TEXAS ASSOCIATION OF COUNTIES, UMEMPLOYMENT FUND Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the following interlocal agreement between Texas Association of Counties and Calhoun County be approved and the County Judge be authorized to sign said agreement. -- mot--ice-yam TEXAS ASSOCIATION OF COUNTIES P.O. Box 2131, Austin, Texas 78768 ) Sam D. Seale, Executive Director April 9, 1990 Dear Unemployment Fund Member: 1204 San Antonio (512) 478-8753 To comply with the pronouncement from the Governmental Accounting Standards Board, "GASB," we have begun to account on an accrual basis for the unemployment group fund. This has necessitated changes in the bylaws of the "fund" and the participation agreements (hereinafter, called interlocal agreements) of the fund members. The amended sections of the bylaws are as follows: Section 10. - Powers and Duties Section 13. - Members Vested Right to Income The amended articles of the interlocal are as follows: Article V. - Contribution Rate/Contribution Due to these changes, it is necessary for each fund member to execute new copies of the interlocal agreement. Please find enclosed copies of the amended bylaws, for your files, and copies of the amended interlocal agreement. Please execute the copy of the interlocal and return to the Texas Association of Counties. If you have any questions, please contact myself or Terry Wyatt at the TAC office, 1-800-222-5974. Sincerely, Stephen E. Lowell / Director, Unemployment Compensation Fund 6tL PARTICIPATION AGREEMENT for TEXAS ASSOCIATION OF COUNTIES UNEMPLOYMENT FUND This Agreement, entered into by and between the Texas Association of Counties Unemployment Fund (hereinafter called "Fund" and (hereinafter called "Fund Member") shall be effective as of the date hereinafter shown. RECITALS: WHEREAS, the Fund was established by the Texas Association of Counties (hereinafter called • "TAC") as a means of providing a single vehicle for the payment of reimbursements to the Texas Employment Commission (hereinafter called "TEC") requited under an. 5221b, and 4413(32b) V.A.T.S.: and WHEREAS, Fund Member, a political subdivision, desires to take advantage of the benefits made available through the Fund; NOW, THEREFORE, pursuant to the provisions of Art. 5221b, V.A.T.S. it is Agreed and Understood among the Parties as follows: 1.01. Appointment Fund is hereby appointed Agent of the Fund Member and authorized to represent Fund Member before the TEC. 1.02. Length of Anointment Fund shall continue to serve as Agent of Fund Member for purposes of this Agreement until such time as this Agreement is terminated in accordance with its terms. ARTICLE ii FL.RCTION OF PARTICIPATION 2.01. Election • Fund Member hereby elects to become a member of and participate in the Fund. 2.02. Length h of Election Fund Member's election under paragraph 2.01 of this Agreement shall be effective until terminated in accordance with the terms of this Agreement. 2.03. Nature of Election By its election under paragraph 2.01 of this Agreement, Fund Member elects to join and participate in the TAC Group Account maintained by TEC under Account Number 99-991,884-0. The Cmoup Account is maintained for the purpose of receiving contributions requited under art. 5221-5b, V.A.T.S. and paid by the Fund. ARTICLE iii POWER AND DUTIES OFM JND 3.01. Authorily to Act an A&aent Fund member hereby confers upon Fund all authority necessary to carry out the purposes of this Agreement. Fund shall have the authority to construe the provisions of this Agreement and the rules, regulations, contribution schedules and Bylaws of the Fund. Any construction of the above named items by the Fund shall be binding on all Fund Members and their employees. 3.02. Powers of Fund Fund shall have any power necessary to carry out the purposes of this Agreement which may be conferred by this Agreement and the rules, regulations, contribution schedules and Bylaws of the Fund including, without limitation, the following: • a. The power to collect and retain all monies required from Fund Member, b. The power to establish a Contribution Rate for Fund Member, c. The power to require and accept from Fund Member reports of wages paid to non -elective employees of Fund Member; d. The power to require and accept from Fund Member unemployment reports with respect to employees of Fund Member leaving the employ of Fund Member; e. The power to require the appointment by Fund Member of an Unemployment Coordinator, f. The power to delegate any power or duty conferred by this Agreement to an independent contractor, including the power to act as Fund Member's agent before the TEC; g. The power to develop and establish unemployment cost control services; h. The power to maintain a separate account or accounts for Fund Member and to co -mingle the funds of the Fund Members; i. To the extent permitted by the Unemployment Commission Act of Texas, the power to review claims, determine their validity, and dispose of claims coming to the Fund; j. The power to appoint legal counsel to handle the legal affairs of the Fund; k. The power to open and maintain bank accounts in the name of the Fund; and 1. The power to perform any act whether or not expressly authorized herein, which Fund deems necessary to accomplish the general objectives of the Fund. 3.03. Signature of Fund Fund is hereby authorized to execute any notice or other instrument in writing required to carry out the purposes of this Agreement and all persons, partnerships, political subdivisions, corporations or associations may rely thereupon that such notice or instrument is duly authorized and is binding on Fund and Fund Member. 3.04. Liability of Fund • Fund shall be responsible for monies solely when, as, and if received by it from Fund Member, and Fund shall not be liable to anyone if for any reason whatsoever this Agreement is terminated. • 3.05. Duty to Act Fund shall be under no duty to take any action, except as specifically provided for in this Agreement and except as it shall hereinafter agree in writing to take. 1 iiI 6 WXI, Fund shall retain all monies paid to Fund by Fund Members until such time as Fund ceases to be liable to TEC for any charges incurred by Fund Member during the period Fund Member participated in TFC Group Account Number 99-991-884-0. Should the monies retained by Fund on behalf of Fund Member be insufficient to pay charges attributable to Fund Member, the charges in Is of the monies retained by Fund shall be paid by Fund Member to Fund within ten days of written notice of such charges. The above is understood and agreed to even in the event of termination of this Agreement. In the event of termination of this Agreement and subsequent to determination that Fund is no longer liable for any of the above outlined charges to TEC, Fund shall remit to Fund Member any remaining balance in Fund Member's account on behalf of Fund Member. 1 u:,:, .- Fund shall maintain a separate account for Fund Member. Fund may maintain more than one separate account for Fund Member and treat each such account as a separate entity. The maintenance by Fund of more than one account for Fund Member does not serve to relieve Fund Member of responsibility for the account. If more than one separate account is maintained by Fund for Fund Member, each separate account represents an activity of Fund Member. Any determination with respect to the activity within any of the above mentioned separate accounts by TEC shall be binding on Fund Member. 1 46 r Wtq10 ., Fund shall calculate Fund Member's Contribution Rate based on Fund Member's actual experience in Fund; provided, however, in no event shall the contribution rate be less than 1/20 of one percent (.0005) of Fund Member's payroll, subject to the minimum contribution requirement stated in Section 5.02 herein. It is further agreed and understood that until Fund Member has been included in the TAC Group Account with TEC for six (6) calendar quarters, Fund Member's Contribution Rate • shall be 8/10 of one percent (008) of Fund Member's payroll. Fund shall determine the Contribution Rate for Fund Member subsequent to the above mentioned six (6) calendar quarter period during the first quarter of each calendar year, and the Contribution Rate shall apply to all payments predicated on the year's payrolls. Fund Member shall contribute to Fund a portion of its payroll for the preceding calendar quarter for all non -elective employees (full-time, part-time and temporary). In calculating the contribution, the Fund Member's contributing rate shall be applied to the total gross payroll of all non -elective employees. However, a minimum contribution of $25.00 per quarter shall be made by all Fund Members. 1 , .: .,,., ,., A new Member shall pay an initial contribution determined by either its actual gross payroll for all non -elective employees owed in the quarter or by an estimated gross payroll for the next calendar quarter if Fund Member has had no previous payroll history. In no event shall the initial contribution be less than the minimum contribution of $25.00 per quarter. 1, .,,., ,., n,-1 :TI. :-..., Fund Member agrees to promptly make all payments required by this Agreement to Fund. Fund Member agrees to furnish reports of wages paid to non -elective employees and other necessary information in a manner acceptable to TEC and Fund. 1 073 D: X . .,,,., .,, : ,, Quarterly Unemployment Records and Contributions shall be due and payable no later than the loth day of each new quarter. For purposes of this Agreement, quarters will commence on the fast day of January, April, July and October of every year. Reports or contributions postmarked after the loth day of a new quarter shall be subject to a late penalty equal to the greater of $25.00 or 5% of is Fund Members contribution for the quarter. ARTICLE VI UNEMPLOYMENT CWRnINATOR , 1 :,,.. ,u, , Fund member shall by written instrument appoint an Unemployment Coordinator. The Unemployment Coordinator shall be responsible to Fund for the timely and accurate completion of the quarterly unemployment report, and for promptly providing Fund or its contractor any required information. Fund Member may change its Unemployment Coordinator by giving written notice to Fund of such change prior to the effective date of the change. Any failure or omission of the Unemployment Coordinator shall be deemed a failure or omission of Fund Member. Fund or its contractor are not required to contact any other individual with respect to Fund Member's business except the named Unemployment Coordinator. Any notice given the Unemployment Coordinator by Fund or its contractor shall be deemed notice to Fund Member. • 7.01. Notice. This Agreement may be terminated by either patty giving sixty (60) days written notice of intent to terminate the Agreement to the other party. Any notice of intent to terminate must be delivered by deposit in the U. S. mails Certified Return Receipt Requested n U 7.02. Liahilibr Suhgc Anent to Termination Termination of this Agreement shall not serve to relieve Fund Member of any obligation or. liability for any obligation or liability Fund may have to TEC as a result of Fund Member's inclusion in the TAC Group Account with TEC. ARTICLE VIII MISCPT I .ANFOI IS 8.01 ilnemnlpyment Crest Cnntrol Services Fund Member shall be furnished with periodic statements of claim activity and the status of claims by Fund or its contractor pursuant to Fund's contract for unemployment cost control services. • 8.02, Fligihilily of Fund Member Fund Member is a member in good standing or located within a county that is a member in good standing of TAC. 8.03. Agr=enr to Comply with Bylaws Fund Member agrees to comply with the Bylaws of fund as adopted by Fund's Board of Trustees. 8.04. Amendment This Agreement may be amended or modified at any time by the parties hereto; any such amendment or modification shall be evidenced by a written instrument attached to and made a part of this Agreement. 8.05. Applicable Law This Agreement is entered into and executed in the State of Texas, and all questions pertaining to its validity or construction shall be determined in accordance with the laws of the State of Texas. 8.06. Acts of Forehearance No act of forebearance on the part of either party to enforce any of the provisions of this Agreement shall be construed as a modification of this Agreement nor shall the failure of any party to • exercise any right or privilege herein granted be considered as a waiver of such right or privilege. 8.07 Effect of Partial Invalidity In case any provision of this Agreement is held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining provisions of this Agreement. 8.08 Headings and Captions The headings and captions in this Agreement are inserted for the purpose of convenience only and shall not be considered in the construction of any provision. 0 Any notice required to be given or payment requited to be made to Fund shall be deemed properly sent if addressed to: Texas Association of Counties P. O. Box 2131 Austin, Texas 78768 IN WITNESS WHEREOF, we hereunto affix our signature this day of , 19= TEXAS ASSOCIATION OF COUNTIES UNE;ec4uti,ve NTFUND FUND MEMBER BY: BY: • ctor Title 0 • TEXAS ASSOCIATION OF COUNTIES UNEMPLOYMENT COMPENSATION GROUP ACCOUNT FUND The Texas Association of Counties Unemployment Compensation Group Account Fund is hereby created by resolution adopted on the 9th day of December, 1977 by the Board of Directors of the Texas Association of Counties. The following Bylaws are adopted to authorize and govern the operation of this Fund: • -1- 1) TAC means the Texas Association of Counties 2) 3EC means the Texas Employment Commission 3) Board of Dirzeuxc means the TAC Board of Directors 4) Eund means the TAC Unemployment Compensation Group Account Fund 5) Fund Member means a political subdivision that has signed an intedocal agreement to participate in the Fund and has been authorized to do so by the TEC 6) Board of Trusters means the Board of Trustees of the Fund established by these Bylaws 7) Committee nr Fxecutive (nmm;ttee means the Executive Committee of the Board of Trustees established by these Bylaws The Fund shall consist of an unincorporated association of political subdivisions of the State of Texas (hereinafter called Fund Members). A county must be a dues -paying member of the Texas Association of Counties to be eligible to participate as a Fund Member. Any county which withdraws • its membership in the Texas Association of Counties is ineligible to continue to participate as a Fund Member and shall be terminated Political subdivisions of the State of Texas other than counties may be admitted as Fund Members. The Fund is intended to be the contracting mechanism by which each Fund Member finances and administers its obligations under the Texas Unemployment Compensation Act, as amended -3- RSTARLISHMRNT OF THE. BOARD The Fund shall be governed by a Board of Trustees and its Executive Committee which are hereby created All actions and decisions may be reviewed by the TAC Board of Directors who retain • final authority. The Board of Trustees shall supervise the administration and operation of the Fund through its Executive Committee. -4- The Board of Trustees shall be composed of eleven voting members. The voting members of the Board shall be appointed by the TAC Board of Directors upon the nomination of the Presidents of the various statewide associations of county officers. There shall be a voting member representing each of the following county offices and who shall also hold the office represented 1) County Assessor -Collector of Taxes; 2) County Attorney; 3) County Auditor, 4) County Cleric 5) County Commissioner, 6) Constable; 7) County Judge; 8) Justice of the Peace; 9) Sherift 10) County Treasurer, and; 11) District Clerk The President of TAC staff be an ex-officio member of the Board and Executive Committee. Nonvoting members may be appointed by the TAC Board of Directors. -5- QUAI .ISCATiONS AND TERM OF THE BOARD • Trustees shall serve staggered terms beginning January 1, 1989. The five Trustees who are holding the public offices of Assessor -Collector of Taxes, Constable, Sheriff, County Attorney, and E E County Commissioner shall serve initial Trustee terms of three years from January 1, 1989 through December 31, 1991. The six Trustees who are holding the public offices of County Clerk, District Clerk County Judge, County Auditor, County Treasurer, and Justice of the Peace shall serve initial Trustee terms of two years from January 1, 1989 through December 1, 1990. After these initial terms, all Trustees shall serve two year terms commencing on January 1, of each year. All Trustees who ceases to hold the county office being represented on the Board, or whose county of residence ceases to be a Fund Member, ceases to be a Trustee. A Trustee who fails to attend more than two meetings • consecutively without a proper excuse may be replaced by the TAC Board of Directors. A vacancy on the Board of Trustees shall be filled for the unexpired terms and in the same manner as the original appointment. A Trustee may not serve more than two consecutive terms; however, a Truster may serve until a successor has been appointed and has been qualified !S'2 Annually, the Board shall hold a meeting for the purpose of the election of officers, except for the Chairman and Vice Chairman, and such other business that may come before it. Annually, during each January, the Resident of the Texas Association of Counties, with the approval of the Board of Directors of the Texas Association of Counties, shall appoint a Chairman and a Vice Chairman from the members of the Fund's Board of Trustees. The officers of the Board shall serve one year terms until December 31 of each year. The Board may hold such other meetings as may be necessary when called by any three voting Trustees. All meetings shall be held in Austin, unless 30 days written notice • has been sent to all Trustees designating another location. In lieu of a formal meeting, the Board and the Executive Committee may transact business by electronic conference. In the event of an electronic conference vote, the TAC staff at the direction of the Chairman or any three voting Trustees of the Board shall attempt to contact all the voting Trustees with information concerning the time of the conference and the matter to be discussed In the event of an electronic conference vote by the <�fj$4 Executive Committee, the TAC staff at the direction of the Chairman or any two Committee members shall attempt to contact all the Committee with information concerning the time of the conference and the matter to be discussed. A majority of the Trustees or Committee members must participate in the conference and vote. Electronic conference votes must be confirmed in writing by each participating Trustee or Committee member or by subsequent approval of minutes reflecting such vote. Action taken pursuant to such procedures in each such case shall be binding.. -7- OFFICERS_QUORUM The Officers of the Board shall consist of a Chairman and a Vice Chairman. The Chairman • shall see that the minutes and records of the Board are kept. A majority of Trustees of the Board shall constitute a quorum. A majority of the Executive Committee (as established in Section 8 of these Bylaws) shall constitute a quorum. Concurrence of a majority of those present and voting shall be necessary for any official action taken by the Board or by the Committee. -8- THE. EXECUTIVE COMMITTFF. The Executive Committee of the Board of Trustees shall be composed of five members. The Chairman of the Board shall be the Chairman of the Committee and a voting member. The Vice Chairman of the Board shall be the Vice Chairman of the Committee and a voting member. The Board shall choose by lot three of its members to serve on the Committee. The Committee shall be chosen annually. The Committee is authorized to carry out the functions, powers, and duties of the Board between regular and called Board meetings. The Board may by resolution reserve specific functions, powers and dudes to itself. All actions and decisions of the Committee may be reviewed by the Board of Trustees and the TAC Board of Directors. -9- RFIMB iRS .MRNTS 0 The members of the Board shall serve without compensation, but shall be entitled to reimbursement of reasonable actual expenses incurred in the performance of their official duties upon the approval of the Board -10- PONVERS ANDD tTfFS The Board, in addition to other powers and dudes herein conferred and imposed or authorized by law, shall have the following powers and dudes: • A. It may exercise any power or authority conferred on the Fund by the provisions of any interlocal participation agreement with any Fund Member. B. It may, in the exercise of its power to establish a contribution rate for each Fund Member, make adequate provision for the payment of claims, the payment of expenses, the accumulation of reserves and the payment of deficits in any account of a Fund Member. C. It may require payments from Fund Members in addition to the quarterly contributions otherwise required for the purpose of avoiding or extinguishing any deficit in the accounts of fund Members or for the purpose of establishing or maintaining sufficient reserves, as may be required by the Board D. It may make interest charges to the account of any fund Member whose account is in deficit which the Board deems to be sufficient to compensate the remaining fund Members for their pro rats. shares of investment income lost due to such deficit. E. The Board shall have the authority, provided the loss position and the financial condition of the Fund is sufficiently sound, to return some or all of the reserve funds to the Fund Members as the Board deems appropriate in the exercise of its discretion. -11- Each of the Fund Members shall be requited to pay to the Fund not less than quarterly the • LJ • amounts charged by the Fund as provided by the Interlocal Agreement between the fland and the Fund Member. Failure to pay the amounts requited when due shall render the membership of the Fund Member subject to termination by action of the Board or Executive Committee. In the event there is any disagreement between the Fund Member and the Fund representative, the Fund Member shall have the right to appeal to the Executive Committee. If the disagreement is unresolved the Fund Member may appeal to the Board of Trustees and final appeal shall rest with the TAC Board of Directors. -11A- Nothing herein shall be construed to prevent the acceptance of Associate Members of the Fund and such category of membership is permissible. The Associate Members shall not be voting members of the Fund Associate Members shall be entitled to all services as specified by Agreement between Associate Members and the Fund, except that Associate Members will not deposit any contributions with the Fund, and the Fund shall not administa the accounts in which Associate Member retain their own unemployment compensation funds. Each Associate Member shall pay to the Fund fees for the services of the Fund as set by the Board of Trustees. -12- The fiscal year for the Fund shall be from the 1st day of January of each year and ending on the 31st day of December of that year. -- -13- ul' u I w1woma 13 "1 cc):Y la I12ga7ul' Each Fund Member shall receive credit for its pro rasa share, as determined by the Board, of income earned by the Fund in each fiscal year. Any excess of income and contributions, together with any reserve requirements established by the Board, over expenses and losses shall accrue w the Fund Members and will be used to reduce contribution payments, to build reserves, or to pay dividends, in • the manner, amounts and at the times as may be determined by the Boatel -14- Any Fund Member may withdraw from the fund at any time upon 60-day written notice to the Board subject to the rules of the Texas Employment Commission and law. The Fund Member withdrawing may not withdraw the reserves on any of the claims that am being paid from the Fund or may be required to be repaid from the Fund except as may be authorized by the Board. The Fund • shall continue the servicing of any claims as required by law after the withdrawal of the Fund Member. The withdrawing Fund Member shall make adequate provision to indemnify the Fund for charges attributable to its account After the Fund Member withdraws from the Fund and all claims are paid and serviced, the Board shall return to the withdrawing Fund Member such Fund Member's reserve, if any, determined as of the date of the Fund Member's withdrawal from the Fund and such Fund Member's share of accrued income or dividends, in accordance with the determination of the -15- The Bylaws may be amended by the TAC Board of Directors after notice of the proposed amendment has been mailed to the members of the Board of Directors at least ten (10) days prior to the day of the meeting to consider -same. The Board of Trustees may recommend such changes as it deems necessary or desirable from time to time. PROCLAMATION - FAIR HOUSING MONTH Judge Hernandez presented the following to the Court and read the Proclamation: FAIR HOUSING ACTIVITIES Calhoun County has adopted various resolutions endorsing affirma- tive action in fair housing within the County, and they will continue to support fair housing through: 1. Review and consideration of fair housing policies. 2. Dissemination of information concerning fair housing policies in the County by publication in the local newspaper and by posting a poster on the bulletin • board located on the first floor of the Calhoun County Courthouse, and another one in the Commissioners Courtroom. 3. Assistance to individuals or groups interested in fair housing. 4. Proclaim the month of May 1990 as "Fair Housing" month. Alex R �1'4ernande Calho County J April 0, 1990 PROCLAMATION WHEREAS, fair housing is a national policy of the United States, being consistent with the principle of equality and justice for all, providing the challenge to combat discrimi- nation, and to broaden the protection of the beliefs upon which our Nation was founded; and WHEREAS, Calhoun County has adopted various resolu- tions prohibiting discrimination in the sale or rental of units in the private housing market against any person on the basis of race, color, religion, sex, handicap, families with children, or national origin. NOW, THEREFORE, I, ALEX R. HERNANDEZ, Calhoun County Judge, to heighten public awareness of the need for fair housing within the County, do hereby proclaim the month of May, 1990 as "Fair Housing" month. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Calhoun, Texas to be affixed this the 30th day of April, 1990. EMERGENCY MEDICAL SERVICES - BOARD • oil, Alex nandez • County udge Motion by Commissioner Smith, seconded by Commissioner Mikula, and carried, that Henry Barber be appointed to the Board for a 1 year term and Joel Behrens be appointed to the Board for a two year term. ROADS.,GENERALLY.. - GENE TRAYLOR ROAD, FORMOSA PLASTICS By general consensus the Court agreed that Commissioner Smith should send a letter to Formosa Plastics stating that the "Gene Traylor Road (also referred to as the County Line Road) has never been claimed or maintained by Calhoun County as a county road. U. S. FISH AND WILDLIFE SERVICE, ARANSAS WILDLIFE REFUGE, MATA- GORDA ISLAND Brent Geizentanner, Manager of Aransas Wildlife Refuge, presented the Court with a check in the amount of $183,333.00 which is in lieu of taxes on a portion of the Aransas Wildlife Refuge and Matagorda Island. 0 ACCOUNTS ALLOWED - HOSPITAL Claims totalling $108,454.86 were presented b and after reading and verifying same, a motion sioner Mikula, seconded by Commissioner Belk, claims be approved for payment. • ACCOUNTS ALLOWED - COUNTY L y the County Auditor, was made by Commis - and carried, that said Claims totalling $437,398.52 were presented by the County Auditor, and after reading and verifying same, a -motion was made by Commis- sioner Belk, seconded by Commissioner Hahn, and carried, that"said claims be approved for payment. A motion was then made by Commissioner Hahn, seconded by Commis- sioner Mikula, and carried, that the claims in the amount of $3,916.03'be approved and paid out of the contingency fund. THE COURT ADJOURNED. SPECIAL MAY TERM THE STATE OF TEXAS X COUNTY OF CALHOUN X HELD MAY 7, 1990 BE IT REMEMBERED, that on this the 7th day of May, A. D. 1990, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.-'M. a Special Term of the Commissioners' Court,"within said County and State, and there were present on this date the following members of the Court, to -wit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge - Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3' Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had:'" TAXES, GENERALLY - ABATEMENT WORKSHOP The Court held a tax abatement workshop. THE COURT ADJOURNED. REGULAR .MAYHTERM:_ _ _ .. _,: HELD MAY 14, . 1990 THE STATE OF TEXAS X COUNTY OF CALHOUN X BE IT REMEMBERED, that on this the 14th day of May, A. D. 1990, • there was begun and holden at the 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_Couit, to -wit: -- Alex R. Hernandez County Judge -Leroy Belk_ Commissioner, Prct. 1- _. Stanley Mikula- _ _Commissioner, Prct.-2 Roy Smith -Commissioner, Prct..3 Oscar F. Hahn Commissioner, Prct. 4` Mary Lois McMahan County Clerk whereupon the following proceedings were had: HOSPITAL - REPORT OF THE FINANCE COMMITTEE Don Lenerts, a member of the finance committee to renovate the hospital reported the following: (1) timing is bad because of economy (2) committee sent a letter in March to the Commissioners' Court and asked for an opinion from the Court - . did not receive answer therefore the committee could not constructively look at -this -without some answers from the Court,., _ =(3)- he -also said that until Formosa's problems•.are re --solved the committee doe s•not feel they .can make any__ -recommendation to finance the renovatio-n.of the hospital. Ben Comiskey, Committee Member and CountyAuditorsaid.he was not sure that. -the majority -of -the committee was in agreement_ with Mr. Lenertz's_-report �to• the- Court. He also said the 'committee did not agree on several other•things but the one thing they-all_,seem to agree on several timing is bad. He said the committee reviewed the financial advisor's -recommenda- tion that the hospital renovation be financed by -either general obligation bonds or certificates of obligation. He agree -that the best and cheapest way would be general obligation bonds. • SHERIFF - APPOINTMENT TO FILL UNEXPIRED TERM OF SHERIFF A. P. LACY. DECEASED. APPROVAL OF BOND Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that Cleo T. Lacy be appointed to serve as Sheriff until the next General Election.' A motion was made by Commissioner Smith, seconded by Commissioner Mikula, and carried, that the official bond of Cleo T. Lacy be approved. BIDS AND PROPOSALS - INSURANCE Motion by Commissioner Smith, seconded by Commissioner Belk, and carried, that the County Auditor be authorized to advertise for bids for Airport Liability Insurance, Texas Commercial Package, Contractor's Equipment Floater and Fleet Policy with bid opening set for June llth. • INSURANCE - RISK MANAGEMENT CONSULTING SERVICES By general consensus the following.risk management consulting companies will -be contacted: Robert Lazarus Risk Management Inc. Alexander and Alexander AIRPORT - BOARD OF ADJUSTMENT Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that Mark Kelly and D. J.:Williams be appointed for three year terms. FLOOD INSURANCE APPEALS BOARD Motion by Commissioner Belk, seconded by Commissioner Hahn, and carried, that Wayne Wehmeyer, Jesse Rodriguez and Don McMahan be appointed to the Flood Insurance Appeals Board. APPROVAL OF MINUTES Minutes of meetings held by the Commissioners' Court on February 6th2 12th and 16th, March 12th, 16th and 30th, and April 9th, loth and 13th were read, whereupon a motion was made by Commis- sioner Mikula, seconded by Commissioner -Hahn, and carried, that said minutes be approved as read. • TAXES ---GENERALLY, - ABATEMENT GUIDELINES Tom Garner, Attorney, met with the Court to discuss new guidelines for tax abatement. Mr. Garner said he would have the new guidelines ready by Friday. p7v3 ACCOUNTS ALLOWED - COUNTY Claims totalling $219,8i008 were presented by --the County Auditor= and aftei-reading-and-verifying--said claims -a motion was made by Commissioner Hahn, seconded by Commissioner Smith; and carried= that said claims be approved for payment. = -- ACCOUNTS ALLOWED - COUNTY:- - Motion by Commissioner Belk, seconde3 by Commissioner=Smith; and " carried, that the following claims be paid -out -of -the contingency" fund: Electra Copy 178.60 Chamber of Commerce 318.35 = Port Enterprises, Inc. 2790.00 ACCOUNTS ALLOWED - LIBRARY Motion by Commissioner Belk, -seconded by- Commissionef'HAhn, and carried, that the following claims be paid: Rexco, Inc. $701633.80 Reitzer, Cruz & Mendenhall 12118.21 COUNTY -TREASURER'S MONTHLY REPORT The County Treasurer presented her monthly report and after reading and verifying same, a motion was made by Commissioner Mikula, second- ed by Commissioner Smith, and carried, that said report be approved. -7 7_ - - TAX ASSESSOR-COLLECTORIS MONTHLY REPORT - - - - T.- The The -Tax Assessor -Collector presented'her monthly -report and after reading and verifying same, a motion was made by Commissioner Smith, seconded by Commissioner Hahn, and carried, that said report be approved. MAGNOLLA.BEACH PROJECT - CHANGE ORDER NO. 2 Motion by Commissioner Belk, seconded by Commissioner-Mikula; and carried, that the following Change. Order No. 2 on the Magnolia Beach Project be approved. LJ • =y4 • — — -- (:IIAN<:1:1)ItDUAt No. 7 PROJECT: Wastewater Treatment Plant and DATE OP ISSUANCE: May 8, 1990 Collection System for Magnolia Beach OWNER: Calhoun County (Name, Calhoun County Courthouse Address) Port Lavaca, Texas 77979 CONTRACTOR: Mercer Construction Co. OWNER's Project No. 707017 ENGINEER: G & W Engineers, Inc. CONTRACT FOR: Construction of Wastewater Facilities ENGINEER's Project No. 9115.001 You are directed to make the following changes in the Contract Documents. Description: Extension of Contract Time & increase in Contract Amount. • Purpose of Change Order: Extension of Contract Time — 37 Calendar Days Extras.— 50 in Unit Increase in Unit Price Quantities — $17,530.70 Total Increase — $18,798.20 • Attachments: (List documents supporting change) Attached letter dated May 3, 1990 Attached invoice dated May 3, 1990 CHANGE IN CONTRACT PRICE: Original Contract Price 431,599.00 CHANGE IN CONTRACT TIME: Original Contract Time 170 Calendar Days, Feb. 14, 1990 I.Y. m Iam Previous Change Orders No. t to No. t f —0— Net change from previous Change Orders 32 Calendar Days Contract Price prior to this Change Order f 431,599-00 Contract Time Prior to this Change Order 202 Calendar Days, March 18, 1990 "Y..,"'. Net Increase4deerease}of this Change Order f 18,798.20 Net Increase fdeereue) of this Change Order 37 Calendar Days In. Contract Price with all approved Change Orders $ 450_';97.20 Contract Time with all approved Change Orders 239 Calendar Days, April 24, 1990 4r.., J.I. APPROVED: .„11...,I 1 , ,,1, ., I,", ..I r 1.1....E .1 1.1,111.... 705 S- 3-90 CALHOUN COUNTY G L W ENGINEERS 205 WEST LIVE OAK PORT LAVACA, TX 77979 ' JOB 1463 MAGNOLIA BEACH SEWER IMPROVEMENTS EXTRA TO JOB.AS BILLED ON INVOICE NO. 8: 3-25-90 THRU 4-27-90 L 1. WHEREVER 6" LINE WAS ON PROPERTY INSTEAD OF 411, IT WAS • CHARGED IN ITEM 1(6" PVC, 4'-6') N/C 2. ORIGINAL BID OF 91 SERVICES HAD AN AVERAGE OF 75 FEET OF 4" PIPE EACH. WE ASSUMED 2 CONNECTIONS AND 2 CLEANOUTS EACH; WE ACTUALLY INSTALLED 9122 FEET OF 4" LINE AND APPROXIMATELY 300 FEET OF 2" E 11" LINE. WE PROPOSE NO ADDITIONAL COMPENSATION FOR COMPLEXITY OF CONNECTIONS, FOR EXCESS NUMBER OF TIE-INS, OR FOR 11" E 2" LINE N/C 3. FURNISH WOOD PLATFORM AT LIFT STATION $300.00. 4. DELETE CULVERT AT PLANT SITE -270.00 5. TIME TO LOCATE EXISTING LINE - 3 MEN@31 HOURS EACH ON SEPTEMBER 21, 1990 $262.50 6. EXTRA CHARGE TO RELOCATE 2" PVC WATER LINE. GBRA SUPPLIED 143 LF OF 2" PVC. MERCER SUPPLIED 2-900 BENDS; 2-TEES; 1-2" COLLARS;3-BUSHINGS, 2 X 3/4; 3-ADAPTERS $360.00 7. RELOCATE 2" WATER LINE-MALLOY t MORRIS $420.00 8. ADD TWO GATES FOR CHLORINATOR ROOM $395.00 9. PROVIDE 2-6" CLEANOUTS ON -SITE IN LIEU OF 4" N/C 10. INSTALL ONE LESS DISCONNECT; COMBINE CONDUITS -400.00 • 11. INSTALL LIGHT AND RECEPTACLE IN CHLORINE ROOM AND RECEPTACLE AT LIFT STATION 200.00 TOTAL EXTRAS $1 0s • • • DATE: 5-03-90 MERCER CONSTRUCTION COMPANY DRAWER J EDNA, TEXAS 77957 AREA CODE 512-782-7163 TO:CALHOUN COUNTY G 8 W ENGINEERS 205 WEST LIVE OAK PORT LAVACA, TX 77979 PERIOD ESTIMATE NO. 8 ITEM DESCRIPTION ---- -------------------- 101 6" PVC SEWER 4'-6' 102 6" PVC SEWER 6'-8' 103 8" PVC SEWER 2'-4' 104 8" PVC SEWER 4'-6' 105 8" PVC SEWER 6'-8' 106 8" PVC SEWER 8'-10' 107 10" PVC SEWER 4'-6' 108 10" PVC SEWER 6'-8' 109 10" PVC SEWER 8'-10' 110 10" PVC SEWER 10-12' 111 MANHOLES (4'-61) 112 MANHOLES (6'-81) 113 MANHOLES(8'-101)_ 114 MANHOLES (10'-121) 115 CLEANOUTS 116 LIFT STATION: 117 EXCAVATION 118 FILL . 119 ELECTRICAL 120 MISCELLANEOUS 121 PEECO STRUCTURE: 122 PRECAST STRUCTURE 123 MECHANICAL 124 CONTROLS 125 TRENCH PROTECTION 126 ASPHALT REPAIR 127 SHELL STREET REPAIR 128 14" STEEL CASE/BORED 129 MISC ITEMS(W/PRETC) 130 TREATMENT PLANT: 131 TRT. PLT. BASE SLAB 132 INFLUENT VLV R FTGS. 133 LINES TO DRYING BEDS 134 EFFLUENT FROM DRY/BD 135 DRYING BED CONST. 136 GRAVEL DRIVEWAY 137 SITE WORK R DRNG 13B FENCE 139 LABOR TO SET HOPPERS 140 ELECTRICAL. 141 C(.")NC. BLOCK WALL 142 PEECO TR'T. PI_E1NT: 14;; PRG(:AS'r STru u-ruw JOB NO. 1463 JOB NAME: MAGNOLIA BEACH SEWER IMP. JOB LOCATION:MAGNOLIA BEACH FOR PERIOD 3-25-90 OTY BID 3,590.00 LF 1,660.00 LF 675.00 LF 320. 00 LF 780. 00 LF 1,290.00 LF 460.00 LF 845.00 LF 235.00 LF 725.00 LF' 4.00 EA 9. O0 EA 3.00 EA 4. 00 EA 13.00 EA 1.00 LS 1.00 LS 1.00 LS I, 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 470. QO LF 60.00 LF 60.00 LF 1.00 LS OTY TO DATE --3,901.00 1,625.00 426. 00 408. 00 2,050.3o 480. 00 435.00 813.00 417.00 675.00 3. 00 11.00 1.00 4.00 12.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,103.G0 65.00 1.00 TO 4-27-90 UNIT PRICE 6.50 8.50 7.50 8.00 1 i>. 00 13. 00 9.50 10. 70 12.00 14.00 830.00 950.00 1,060.00 1,200.00 270.00 850.00 950.00 1,300.00 1,000.00 4,598.00 13,245.00 2,957.00 6, 100. 00 5.00 4.00 37.00 6,000.00 TOTAL AMOUNT 25,356.50 13,812.50 3,195.00 3, 264. 00 6, 240. Or: 4,132.50 8.699.10 5. 004. 00 9,450.00 2, 490. 00 10,450.00 1, 060.00 4, 800. 00 3, 240. 00 650.00 950.00 1,300.00 1, Ori0. 00 4,598.00 13,245.00 2,957.00 6,100.00 4,412.00 2,405.00 6,000.00 1.00 LS 1.00 48,SOO.00 48,800.O0 1.00 LS 1.00 3,500.00 3,500.00 1.00 LS 1.00 3,440.00 3,44J.00 1.00 LS 1.00 - 4,440.00 4,440.00 1,QO LS 1.00 10,354),CIO 10,350.00 1.00 LS 1.00 2,100.00 2,100.00 1. 00 LS 1.00 3, 310. 00 31 310. 00 1.00 LS 1.00 5,880.00 5,B80.00 1.00 LS 1.00 600.00 GOO. 00 1. O0 LS 1.00 3, 000. 00 3, 000. 00 1. 00 LS 1.00 1, 400. 00 1, 40J. 00 1. 00 1_11 1. 00 t5l), 714::. 00 59. 710. 00 .7�� DATE: 5-03-90 MERCER CONSTRUCTION COMPANY DRAWER J EDNA, TEXAS 77957 AREA CODE 512-782-7163 TO:CALHOUN COUNTY G & W ENGINEERS 209 WEST LIVE OAK PORT LAVACA, TX 77979 JOB NO. 1463 JOB NAME: MAGNOLIA BEACH SEWER IMP. JOB LOCATION:MAGNOLIA BEACH • PERIOD ESTIMATE NO. 8 FOR PERIOD 3-25-90 TO 4-27-90 ITEM DESCRIPTION OTY BID OTY TO DATE UNIT -PRICE TOTAL AMOUN• 144 ---- AIR SYSTEM 1.00 LS 1.00 19,585.00 19,585.00 145 CLARIFIER 1.00 LS 1.00 18,827.00 18,827.00 146 SLUDGE PIPING 1.00 LS 1.00 1,664.00 1,664.00 147 CHLORINATOR SYSTEM 1.00 LS 1.00 5,070.00 5.070.00 148 FLOW METER 1.00 LS 1.00 3,600.00 3.600.00 149 MISC. METAL R ACC. 1.00 LS 1.00 7,410.00 7,410.00 150 CONTROLS 1.00 LS 1.00 6,684.00 6,684.00 151 START UP 1.00 LS 1.00 3,000.00 3,000.00 152 EOUIPMENT STRUCTURE: 1.00 LS 1.00 9,630.00 9,630.00 153 SERVICE TAPS/Y'S/T'S 91.00 EA 86.00 80.00 6.880.00 154 4" PVC SERVICES 6,825.00 LF 9,122.35 6.00 54,724.10 155 EXTRA: SEE ATTACHED* 1.00 EA 1.01) 1,267.50 1,267.50 TOTAL INSTALLATIONS ---------------- 450,397.20 PLUS MATERIALS ON SITE .00 SUBTOTAL LESS 5% RETAINAGE DIFFERENCE IN LESS PREVIOUS PAYMENTS TOTAL AMOUNT THIS INVOICE 450,397.20 22,519.86 427,877.34 408, 123. 04 $ 19,754.30 y'��S • • • UTILITY PERMITS - GENERAL TELEPHONE COMPANY, PRECINCT NO. 2 Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following permit be approved. MC 600647 ED475 (REV.1-661 ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION DATE 05-01-90 TO THE COMMISSIONER'S COURT OF CALHOUN COUNTY ATTENTION COUNTY JUDGE: Alex R. Hernandez Calhoun County Courthouse Port Lavaca, Texas 77979 Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in CALHOUN County. PORT LAVACA, TEXAS as follows: SEE ATTACHED NARRATIVE AND SKETCH. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after Ma GTE SOUT W ST By 4a.� DAVID J. CUSTER SENIOR ENGINEER — OSP Address P. O. BOX 1112 ROBSTOWN. TEXAS 78380 512/387-6037' 19 90 'Ilfa7` COUNTY PERMIT N.ARRA.TIVE 5453 - E-SEtnra _ECTtIt! TN_ AT THE TNTcRcP-TTny :X u' 3� A' It'. :.''In c TEr.'^I'J^ D:w-t-;t THE EAc.T ,P.IGHT-OF-". ._.Y OF 2TN R.^..._ . rTF rqr cEc •nF NEW o� r. c TP _ _ _:TII BE __ _ ._ : .. h: L!..E _A.EL . 'c _-___ .. _ AT - FRn;:a THE ASPHALT FOR 703 7 _ THE DF -.I N�E DITCH. THE ABLE BE PLACED TuTc r!:cE m THE dcPH EEr,L!� !7 THE-J_E_'_ r<CHT rF 4".-.Y NEAR 7H- -q,T'! _ Op -- T-.NtS AT .,_ r_.IT.C.-... ?E F^�PCE° T'-..:_-: _!ICE r"___ CH n-l!IT THR OUGHTHon..^HTHE DITCH, F 'C- GAL" - -TFF HE TPFPC!- THEN TT..-- - • 4EIlr" _Nr' REP! _ _ THE h AND THE _ _ RE. _LL THE T _.. ... _ - ___ . _ SIDES P.,._ BOTTCH ^F!THE DITCH TO AS GOOD OR BETTER THAN OPLGINAL CONDITION. CABLE WILL THEN BE PULLED THROUGH THE CONDUIT. THE CONDUIT WILL EE PLACED AT LEAST 48" BENEATH THE BOTTOM OF THE DITCH. AFTER CROSSING THE DITCH, GTE PROPOSES TO TURN THE PLOW LINE SOJTH:!EST AND TO CONTINUE TO FOLLOW ON THE SA.P'E SICE OF GIN ROAD. THE CABLE WILL BE EX..TENDED AT 3.5' INSIDE THE SOUTHEAST RIGHT-OF-WAY FOR 5742' TO F.M. 2433. SEE ATTACHED SKETCH • C� 0 • CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: DAVID J. CUSTER PROJECT COORDINATOR P. O. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 05-01-90 except as noted below. • It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Stanley Mikula , telephone 512j552-9646 Commissioner of Precinct No. 2 forty-eight (4g) hours prior to starting construction of the line, in order that we may have a representative present. Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 14th day of May Book of the Commissioner's Court of • 19 90 , and duly recorded in the Minute Calhoun County, Texas. P, F�, h', -4Q-Uxcv 11"o C ZMAIi 17W Alex R. Herna 4 7--o PuvccDo W�) r f z BEcAusz znF T E 16E�5.Plc rEo 5/A=4-Z-7- I /N TNiS A,rE- , r rE F�e�losc_s T %LAc rHt z' To Pa fT Z'IymLft J. i Grc TLhckNc� fl, 1 1 12" J��: 7i 8,0rro9 IN Gy/cvir.J AREA GuL,-- L�nAST TAX DIET. ugTm lY llL.LtLLY�JGO'-DAT[ 3-2/-90 DRAM /P'14CK3OA1 DATA k..Z -90 APPROVED OY '3.if. iSCn'DATc �. ✓7 The Court recessed until Friday, May 18th. TEE Bf7%of✓ �%ALL BE �ESTO,FE1 Tc As 66zo &k f zEwTE v %Hf,, fG/f MC 600664 ED-172(REV.1 661 ® 3ontla�erest.----% MAY 18, 1990, 10:00 A. M. HOSPITAL - RENOVATION AND EXPANSION PROJECT ALL MEMBERS PRESENT A Mr. Johnson told the Court his company could build a 54 bed • hospital, completely equipped, for approximately $8,000,000.00. His company would operate and manage the hospital on a lease/ purchase agreement for 20 years. After 20 years the county would buy the hospital for $1.00. Bob Henderson with First Southwest Co. told the Court that Certi- ficates of Obligation are by far the cheapest and best way to finance the expansion and renovation of the Memorial Medical Center. Mr. Henderson reviewed financing options originally presented in October, 1988. A motion was made by Commissioner Mikula, seconded by Commis- sioner Hahn, and carried that the Commissioners' Court include on the next agenda to consider a resolution giving and authoriz- ing publication of Notice of Intent to Issue Certificates of Obligation to finance the renovation and expansion of Memorial Medical Center. • MATAGORDA ISLAND Representatives of the Department of Interior, Texas Parks and Wildlife Department, Nature Conservancy and General Land Office met with the Court to discuss the proposed Comprehensive Manage- ment Plan for Matagorda Island. They reviewed the 1982 agreement in which Texas Parks and Wildlife Department managed Matagorda Island. They stated that under the new plan some of the changes will be: 1. 11,000 acres will be added to system 2. Department of Interior and Texas Parks and Wildlife Dept. will be co -managers 3. there will be increased accountibility 4. has termination clause if all rules are not met • A public hearing will be held on June 20th at Bauer Community Cen- ter to get public input on the proposed Comprehensive Management Plan for Matagorda Island. WEST SIDE CALHOUN COUNTY NAVIGATION DISTRICT James F. Houlihan, Auditor for West Side Calhoun County Navigation District reviewed the Annual Report. The Court thanked the Commissioners, Roy Pilgrim, Ray Childress and John Taylor for being present and commended for a job well done. ACCOUNTS ALLOWED - COUNTY Claims totalling $170,564.26 were presented by the County Auditor and after reading and verifying same, a motion was made by Commis- sioner Hahn, seconded by Commissioner Belk, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $349,382.88 and $93,293.43 were presented by the County Auditor and after reading and verifying same, a motion was made by Judge -Hernandez, seconded by Commissioner Smith, and car- ried, that said claims be approved for payment. BIDS AND PROPOSALS - INSURANCE Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the County Auditor be authorized to advertise for bids for Airport Liability Insurance, with bid opening set for June llth and Texas Commercial Package, Contractor's Equipment Floater and Fleet Policy -,.:with bid opening set for July 9th! TAXES, GENERALLY - ABATEMENT Motion by Commissioner Hahn, seconded by Commissioner Smitha, and carried, that the following Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County be approved as presented. A motion was made by Commissioner Hahn, Mikula, and carried, that the Resolution on Page 42 be adopted. seconded by Commissioner as found in guidelines 11 • LJ 714 COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS GUIDELINES AND CRITERIA OF THE COMMISSIONERS COURT OF CALHOUN COUNTY FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY (For the period May 18, 1990 through May 17,1992) • .Adopted Effective May 18, 1990 COMMISSIONERS COURT Leroy Belk, Commissioner, Precinct #1 Stanley Mikuta, Commissioner, Precinct #2 Roy Smith, Commissioner, Precinct #3 Oscar Hahn, Commissioner, Precinct #4 Alex R. Hernandez, County Judge Mary Lois McMahan, County Clerk • 715 May 16, 1990: TAG/tk/abatexty GUIDELINES AND CRITERIA OF THE COMMISSIONERS COURT OF CALHOUN COUNTY FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY INDEX Page Preamble 1 Section 1 - DEFINITIONS 2 Section 2 - ELIGIBILITY CRITERIA 8 (a) General Eligibility 8 (b) Eligible Facilities 9 (c) Commencement of Construction 9 • (d) Property Value Eligible for Abatement 10 (a) New and Existing Facilities 10 (� Eligible Property to be Described 10 (g) Ineligible Property 11 (h) Owned or Leased Facilities 12 (i) Economic Qualifications 12 Q) Exclusions 13 Section 3 - TERM AND PERCENT OF ABATEMENT 13 (a) Term of Abatement 13 (b) Effective Date 14 (c) Percent of Abatement 15 (d) Limitations 17 • (a) Taxability 17 716 May 16, 1990: TAG/tk/abatexty Section 4 - APPLICATION 18 • (a) Filing 18 (b) Contents 18 (c) Completed Application 23 (d) Feasibility Study 24 Section 5 - DESIGNATION OF REINVESTMENT ZONE 24 (a) Authority to Designate Reinvestment Zones 24 (b) Application for County Designated Reinvestment Zone 25 (c) Designation 25 (d) Notice of Hearing 26 (e) Municipality Designated Reinvestment Zone 27 (f) Date of Expiration 27 • 28 Section 6 - TAX ABATEMENT AGREEMENTS (a) Public Hearing 28 (b) Required Findings by Commissioners Court 28 (c) Resolution of Commissioners Court 28 (d) Notice to Other Taxing Jurisdictions 33 (e) Execution/Effective Date 34 Section 7 - RECAPTURE 34 (a) Conditions of Default, Cure and Termination 34 (b) Elements of Default 35 (c) Termination 36 ii 17 May 16, 1990: TAG/tk/abatexty (d) Non Waiver 36 (e) Recapture 36 Section 8 - ADMINISTRATION 37 (a) Duties of Chief Appraiser 37 (b) Compliance Inspections 37 (c) Annual Evaluations 37 (d) Notice Requirements 38 (e) Registration of Tax Abatement Agreements 38 Section 9 - MISCELLANEOUS 38 (a) Variance 38 (b) Assignments 39 (c) Application for Exemption 40 (d) Effective Date 40 (a) Sunset Provision 40 (r) Effect of Modification or Termination 41 (g) Subtitles 41 (h) Severability 41 Section 10 -ADOPTION 42 iii A • • 718 May 16, 1990: TAG/tktabate.cty • GUIDELINES AND CRITERIA OF THE COMMISSIONERS COURT OF CALHOUN COUNTY FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY (For the period May 18, 1990 through May 17, 1992) 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 resolution dated April 15, 1988 the Commissioners Court of Calhoun County adopted Amended Guidelines and Criteria for granting tax abatement in reinvestment zones created in Calhoun County, which Amended Guidelines and Criteria expired on March 17, 1990, and WHEREAS, the Commissioners Court expressed in its Resolution on April 15, 1988 the reasons why it believed it appropriate to take the necessary steps in order • to become eligible to grant tax abatement, which reasons are reaffirmed herein, and 0 WHEREAS, as a direct result of being eligible to grant tax abatement, Calhoun County and the Calhoun County Independent School District have been able to compete for and obtain expansion projects of the Union Carbide Corporation Seadrift Plant, with projects exceeding sixty million dollars, and the Formosa Plastics Corporation 1.7 billion dollar project, and . WHEREAS, pursuant to the PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT, TEX. TAX CODE ANN. Chapter 312, in order to continue the County's eligibility to grant tax abatement, it is necessary to adopt Guidelines and Criteria for granting tax abatement agreements for the next two year period commencing May 18, 1 • May 16, 1990: TAG/tk/abatexty 1990 through May 17, 1992, inclusive, said Guidelines and Criteria to be unchanged for the two year period, unless amended by three-quarters vote; and WHEREAS, to assure a common, coordinated effort to promote Calhoun County's economic development, representatives of the City of Point Comfort, the County and the School District, which are the only taxing jurisdictions that have adopted Guidelines and Criteria in Calhoun County, have reviewed their Guidelines and Criteria, and by the mutual cooperation between the governing bodies each proposes to adopt Guidelines and Criteria that are similar to the following; NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Calhoun County does hereby adopt the following Guidelines and Criteria for granting tax • abatement in reinvestment zones created within Calhoun County, Texas for the period May 18, 1990 through May 17, 1992, inclusive: 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 • andlor lessee and an eligible taxing jurisdiction for the purposes of tax abatement. 2 720 May 16, 1990: TAG/tk/abate.cty (c) "AQUACULTURE FACILfTY' 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) "APPLICAM" means the legal entity seeking tax abatement. (e) "APPRAISED VALUE" means the last certified property value as approved by the Calhoun County Appraisal Review Board. (0 "BASE YEAR VALUE' means the appraised value of all property owned by the Taxpayerlapplicant 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) "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. 3 !2.1 May 16, 1990: TAG/tk/abate.cty • (h) "COMMISSIONERS" or "COMMISSIONERS COURT" means the Commissioners Court and governing body of Calhoun County, Texas. (i) "COUNTY" means Calhoun County, Texas, a political subdivision of the State of Texas. 6) "DEFERRED MAINTENANCE" means improvements necessary for continued operations which do not improve the productivity or alter the process technology. (k) "DESIGNATING AUTHORITY" means the taxing unit that has the authority to designate the reinvestment zone in which the proposed project is located. • (1) "DESIGNEE", unless otherwise indicated, means any person or entity authorized by the Commissioners Court to act on behalf of the County. (m) "ECONOMIC LIFE"means the number of years a property improvement is expected to be in service in a facility, and will continue to have value for ad valorem tax purposes throughout such term. (n) "ELIGIBLE JURISDICTION' includes Calhoun County and any navigation district, any drainage district, any 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. • E 722 May 16, 1990: TAGO/abate.ety (o) "EXPANSION' means the addition of buildings, structures, fixed machinery or • equipment for purposes of increasing production capacity. (p) "FACILITY' means property improvements proposed, completed, or in the process of construction which together comprise an integral whole. (q) "MANUFACTURING FACILITY' means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. (r) "MATERIAL MISREPRESENTATION' means a false statement about a material matter • which induced the Commissioners Court to take any specific action on an application for tax abatement, and without such misrepresentation, the Commissioners Court would �J either not have designated a reinvestment zone, or granted tax abatement, or would have taken some action different than it actually did. (s) "MODERNIZATION' means the replacement or upgrading of existing facilities which increases the productivity input oroutput, 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. P ,3 May 16, 1990: TAG/tk/abatexty (t) "NEW FACILHr means a property previously undeveloped which is placed into service by means other than or in conjunction with expansion or modernization. (u) °OTHER BASIC INDUSTRY" means buildings and structures including fixed machinery and equipment not elsewhere described, used, or to be used for the production of products, and result in the creation of new permanent jobs within Calhoun County and inject new wealth into Calhoun County. (v) "PROJECT" is a reference to the entire proposal of work and improvements to be accomplished in the reinvestment zone as described in the application and tax abatement agreement. (w) "REGIONAL DISTRIBUTION CENTER FACILITY" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility operator. (x) "REGIONAL ENTERTAINMENT FACILITY' means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment through the admission of the general public. (y) "REGIONAL SERVICE FACILITY" means buildings and structures, including fixed machinery and equipment, used or to be used to service goods. 0 • A 724 May 16, 1990: TAG/tk/abate.cty (z)"REINVES7MENTZONE-COUN7YDESIGNATED" means any area of Calhoun County which has been designated a reinvestment zone for tax abatement purposes and which • is not within the taxing jurisdiction of any incorporated municipality. It is the province of the Calhoun County Commissioners Court to designate Reinvestment Zones - County Designated on a case -by -case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within Calhoun County. (aa) "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 purposes. It is the province of the City Council of any eligible municipality to designate Reinvestment Zones - Municipality Designated on a case -by -case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within the City. • (bb) "RENOVATION' is a repair or improvement of an existing facility or structure. (cc) "REPAIR means any improvement or betterment of an existing facility or structure. (dd) "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. 7 725 May 16, 1990,. TAGAk/abate.cty • NO "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 new tangible goods or materials or to improve or develop the production processes thereto. (ff) "SCHOOL DISTRICT" or "DISTRICT', unless otherwise indicated, means the Calhoun County Independent School District. (gg) "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. • (hh) "TAXPAYER" means the legal entity that seeks, or who has been approved for tax abatement. It also is a reference to the owner of the property constituting the reinvestment zone and the improvements and tangible personal property to be located therein. Section 2 ELIGIBILITY CRITERIA (a) General Eligibility. Subject to the limitations and exceptions contained in these Guidelines and Criteria, TEX. TAX CODE ANN. §312.204 shall govern to what extent real • K 726 May 16, 1990: TAG/tk/abatexty property and tangible personal property located in a reinvestment zone are eligible for • tax abatement. (b) Eligible Facilities. A facility may become eligible for abatement if it is located in a designated Reinvestment Zone, and is a: (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; or (7) Other Basic Industry. • (c) Commencement of Construction. If the reinvestment zone is designated by a municipality, the applicant shall not commence construction until after it and the designating authority have both executed a tax abatement agreement on similar terms for the same project then under consideration by the County. Any property otherwise eligible for abatement that is placed or constructed in the reinvestment zone before the tax abatement agreement is executed with the designating authority shall not be eligible for tax abatement. However, any eligible improvements made or property placed in the reinvestment zone after executing the tax abatement agreement with the designating authority shall be eligible for abatement with the County, even though such improvements or property are placed in the reinvestment zone prior to filing the application or executing • 727 May 16, 1990: TAG/tk/abatexty • the agreement with the County, provided that a municipality is the designating authority. If the reinvestment zone is County designated, applicant shall not commence construction until the County executes the tax abatement agreement. (d) Property Value Eligible for 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 properly 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. (e) New and Existing Facilities. Tax Abatement may be granted for both eligible new facilities and structures, as well as for expansion or modernization of existing facilities and structures. (f) Eligible Property to be Described. The application for tax abatement and tax abatement agreement must describe the project and improvements with such detail and certainty as required by the County in order to identify the property that is declared to be eligible for tax abatement. Any property, even though otherwise eligible for abatement, that is not sufficiently described in the application, as determined by the Commissioners Court, or their designee, shall not be eligible for abatement under such agreement. 10 11 • 72.8 May 16. 19M TAGitk/abate.cty (g) Inektble Property. The following types of property shall be fully taxable and ineligible for abatement. (1) Land (except to the extent of any increases to the land value, as a • result of the eligible improvements, and only to the extent that the increased value exceeds the appraised value of the land immediately preceding the tax abatement agreement); or (2) Inventories and Supplies; or (3) Furnishings and other forms of movable personal property; or (4) Vehicles; or (5) Vessels; or (6) Aircraft, or (7) Deferred Maintenance Investments; or (8) Property to be rented or leased except as provided in Section 2(h); or (9) Improvements for the generation and transmission of electrical energy • the majority of which is not consumed by a new facility or expansion; or (10) Any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the facility; or (11) Any facility that may otherwise be eligible for tax abatement which has an economic life. of less than 21 years, or three times the abatement term, whichever is greater, shall not be eligible for tax abatement, (the fact that the facility has components that will last less than the required economic life will not defeat eligibility provided that the overall facility for which 11 729 May 16, 1990: TAGAk/abate.cty • abatement is sought meets the minimum economic life requirements); or (12) Property owned or used by the State of Texas or its political subdivisions; or (13) Property owned by any organization which is owned, operated or directed by a political subdivision of the State of Texas. (h) Owned or Leased Facilities. Any tax abatement agreement must be executed by the owner of the land, the eligible improvements and tangible personal property. If any portion or all of the land and eligible property for abatement is leased, both the lessor and lessee must execute the tax abatement agreement. (i) Economic Qualifications. In addition to satisfying the other eligibility criteria, in order to be eligible for tax abatement, the new facility or structure, or the expanded or modernized existing facility or structure must meet the following qualifications: (1) The project must cost at least 35 million dollars; and (2) Be expected to retain or create employment for at least 25 persons of the eligible facility on a full time and permanent basis in Calhoun County; and (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 • 12 �31Q • May 16, 1990: TAG/tk/abate.cty (5) That development anticipated to occur in the proposed reinvestment zone would contribute to the economic development of the County. G) 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 tax abatement agreement granted is subject to the rights of holders of outstanding bonds of the County. (3) When any project that otherwise satisfies the eligibility criteria for tax abatement is for the purpose of repairing, replacing, modernizing, or upgrading an existing facility, if, prior to commencement of the project, or upon completion of the project the value of the existing facility is reduced • or deleted from the tax rolls, then, in such event, the applicant shall only be eligible for tax abatement to the extent of the difference in the last appraised value of the property value that is being dropped or reduced from the tax rolls and the project cost. Section 3 TERM AND PERCENT OF ABATEMENT (a) Term of Abatement. The term of abatement granted by the County shall be seven years, and shall be applied commencing January 1 following the effective date of the 13 CM 731 May 16, 1990: TAG/tk/abate.cty agreement. (b) Effective Date. (1) If the County is the designating authority, the effective date of the tax abatement agreement shall be the date that the County executes the tax abatement agreement. (2) If a municipality is the designating authority, the effective date of any tax abatement agreement that the County approves shall be the same date as that of the tax abatement agreement entered into for the same project by the designating authority. (3) Abatement applies to all eligible improvements placed in the • reinvestment zone afterthe designating authority and Taxpayerexecute their tax abatement agreement. Taxes will be abated on eligible property for • seven consecutive tax years, commencing January 1 immediately following the effective date of the agreement. Property otherwise eligible for tax abatement under the agreement shall be eligible for tax abatement only if the property is placed or constructed in the reinvestment zone after the effective date of the agreement, but on or before December 31 immediately preceding the beginning of the last full tax year that taxes are to be abated. 14 • 732 May 16, 1990: TAG/tk/abate.cty (c) Percent of Abatement. The percent of abatement shall be determined as follows: (1) • • PERCENT OF ABATEMENT (2) Basic Abatement. This is the percent of abatement of eligible property value to be granted in each year, without regard to any of the incentives. (3) Employee Residency Incentive. For each year during years three through seven that out of the new jobs created as a result of the project, 35% or more of the new employees reside in Calhoun County, the Taxpayer shall be entitled to an additional 10% abatement. For each year during years three through seven that out of the new jobs created as a result of the project, 50% or more of the new employees reside in Calhoun County, the 15 r1 '7V3 May 16, 1990: TAG/tk/abate.cty • Taxpayer shall be entitled to 15% abatement. The Taxpayer may qualify either for the additional 10% or 15% abatement for satisfying residency incentive, but not both. In order to qualify for the residency incentive, the Taxpayer must prove to the satisfaction of the County, or its designee, for each year in which the residency incentive is sought, that for the immediate preceding calendar year on a monthly average 35% or 50%, as the case may be, of the new employees hired as a result of the project lived in Calhoun County. Forpurposes of the residency incentive, the new employees must be permanent employees, who either are directly or indirectly working at the new project, or are replacing an existing employee in an unrelated job who has been transferred to the new project. Temporary or construction workers employed during the construction phase of the project shall not be considered for the residency incentive. New employees of a • permanent contract labor force that are hired as direct result of the project and who are permanent, shall count in determining whether the residency incentive has been satisfied. The new permanent employees who are hired as a result of the project are only eligible in the employee count if they are hired after the effective date of the agreement. (4) Residency Incentive for Management. In each of years three through seven in which the top local manager of the Taxpayer's entire facilities located in Calhoun County is a resident of Calhoun County for the entire immediate preceding calendar year in which this incentive may apply, the Taxpayer shall be entitled to an additional 2% abatement. Additionally, in each of years three through seven the Taxpayer shall receive an additional 1 % abatement for each assistant facility manager, or equivalent who resides • 16 May 16, 1990: TAGItk/abate.cty in Calhoun County throughout the immediate preceding calendar year in which this additional incentive may apply. The incentive for the assistant managers, or equivalent • is limited to a maximum of an additional 4% each year it is available. The total management residency incentive is limited to a maximum of 6% in each year it applies. The fact that the top manager, or assistant managers, or equivalent resided in Calhoun County before the effective date of the agreement shall not defeat the eligibility for this management residency incentive. (d) Limitations. If, after the effective date of the tax abatement agreement and during the term of the abatement 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 tax abatement 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 tax abatement agreement, regardless of the reason, then for the remaining term of the tax abatement agreement, the eligible value for abatement allowed in the tax abatement agreement shall be reduced by the amount of existing property value owned by the taxpayer that is reduced or deleted from the tax roll. Depreciation, agreed to by the Chief Appraiser, or Appraisal Review Board, shall not be construed as a reduction or deletion of value for purposes of this limitation. (a) Taxabil' From the execution of the abatement agreement to the end of the agreement period taxes shall be payable as follows: 17 7035 May 16, 1990: TAG/tk/abate.cty (1) the value of ineligible property as provided in Section 2(g) shall be fully • taxable. (2) the base year value of existing eligible property as determined each year shall be fully taxable, and (3) the unabated value of eligible property shall be taxable. Section 4 APPLICATION (a) Filfn . Any property owner of taxable property in Calhoun County located in a designated or proposed reinvestment zone may request tax abatement by filing a written application with the Commissioners Court, or their designee. When appropriate, the • application may combine a request for designation of a reinvestment zone with an application for tax abatement. (b) Contents. The application shall include all information contemplated by these Guidelines and Criteria in order for the Commissioners Court to evaluate the applicant's eligibility and to determine whether to grant tax abatement. The application shall be submitted on a form provided by the County, or alternatively, if unavailable, the contents of the application shall be in the order of this subsection and respond to each element of this subsection, and shall contain such other information as required by the County, or its representative. Specifically, the application shall include the following: PI''j • 736 May 16, 1990: TAGO/abate.cty (1) A list of the kind, number and location of all proposed improvements • of the property. (2) A statement of the uses of the property showing that it 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 existing uses and conditions of real property in the reinvestment zone. (4) A map showing proposed improvements and uses in the reinvestment zone. • (5) An estimate of the project cost and new value that will result from the modernization, expansion or new improvements to be undertaken. (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. EN �J May 16, 1990: TAG/tk/abate.ety • (8) A general written description of the general nature and extent of modernization, expansion or new improvements to be undertaken. (9) A legal description of the property. (10) A statement of the base year value, separately stated for land and existing improvements located in , the reinvestment zone, plus any improvements or changes in value in the reinvestment zone after the last appraisal and prior to the application. In any case where the value of an existing facility will be deleted or diminished as a result of the project, the application must contain a verification from the Chief Appraiser of the last is appraised value of any portion or all of a facility whose value will be reduced or removed from the tax rolls. (11) 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. (12) An estimate of what the property value subject to abatement will be on January 1 immediately following the end of the abatement period. • 20 t;'J May 16, 1990: TAG/tk/abate.cty (13) 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 TaxpayerlApplicant, and has the unrestricted authority to obligate the Taxpayerlapplicant to all the terms, covenants and conditions that will be contained in the tax abatement agreement. (c) That construction will not commence on any of the eligible improvements until a tax abatement agreement has been executed with the designating authority, whether the designating authority is the County, or a municipality. (d) That the project will not be constructed without first obtaining all • necessary local, state and federal environmental and construction permits, and that the Taxpayer will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the operation of the project throughout its economic life. (e) That the Taxpayerlapplicant will abide by all conditions of the tax abatement 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 21 • 7.9 May 16, 1990: TAGAk/abate.cty • 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 cost 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. (14) 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. (15) The application shall contain the name, title and address of the Taxpayer's representative for the purposes of giving notice. (16) In its application, the applicant shall include a statement that it waives all rights of confidentiality with regard to the contents of its application for tax abatement otherwise granted under TEX. TAX CODE ANN. §312.003. (17) The applicant shall agree to reimburse the County for all legal fees and any other 9 22 740 May 16, 1990: TAG/Wabatacty expenses that the County incurs in establishing eligibility for granting tax abatement and for reviewing, processing and acting on its application. Further, applicant shall agree to • pay for the costs of a feasibility study, if the County requires one in connection with its application for tax abatement. in the event the County determines a feasibility study is required, the Taxpayer shall be given notice and the opportunity to withdraw its application prior to commencement of the feasibility study, if applicant is unwilling to pay the total cost of the feasibility study. In its application, the Taxpayer shall agree to pay for all fees and expenses incurred by the County in establishing eligibility to grant tax abatement and processing the application, even though the Commissioners Court ultimately denies the application. (18) Any other information that the Commissioners Court or Applicant may deem appropriate to assist the Commissioners Court in determining whether to enter into a tax • abatement agreement with the Applicant. (19) 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 23 741 May 16. 1990: TAG/tk/abate.cty • Commissioners Court takes any action on the application. The notice shall include a copy of the proposed tax abatement, if the County is the designating authority. (d) Feasibility Study. After receipt of an application for tax abatement the Commissioners Court may cause to have prepared a feasibility study setting forth the impact of the proposed tax abatement. The study shall include, but not necessarily be limited to, an assessment of the economic effects of the abatement of taxes. The County shall give at least ten (10) days written notice to the Applicant of its intent to conduct a feasibility study, which notice shall include a description of the scope of the study. If the Applicant is unwilling to pay for the feasibility study, it may give notice to the County within seven (7) calendar days from the date it received notice of the • proposed feasibility study that the Applicant is withdrawing its application. The feasibility study may include any other issue that the Commissioners Court determines to be appropriate in considering the application, including, without limitation by enumeration, environmental issues, short termilong 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. Section 5 DESIGNATION OF REINVESTMENT ZONE (a) Authority to Designate Reinvestment Zones_ Reinvestment zones may be designated • 24 742 May 16, 1990: TAG/tk/abate.ay by either the Commissioners Court for property located outside the 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 Designated Reinvestment Zone. An application to the County for designation of a Reinvestment Zone may be combined with the application for tax abatement. The application must include information to support the required findings in subsection (c)(2) through (6), inclusive of this section. It must also include a map showing the boundaries of the proposed reinvestment zone and a legal description of the proposed reinvestment zone. Any information contained in the application for tax abatement 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 tax abatement are combined in one application. • (c) Desfgnation. The Commissioners Court may not designate an area as a reinvestment zone until: (1) The Commissioners Court has held a public hearing on the designation at which time interested persons shall be entitled to speak and present evidence for or against the designation; and (2) The Commissioners Court must make the following findings in order to designate an area as -a reinvestment zone: (a) That the improvements sought are feasible and practical, and (b) The designation would be a benefit to the land to be included in the zone, and to the County after the expiration of the tax abatement agreement; 25 743 May 16, 1990: TAGO/abatexty and (c) To be designated as a reinvestment zone, pursuant to Tex. Tax Code Ann. §312.202, the Commissioners Court must find one or more of the following: (1) That the area is predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs or arrests the sound growth of the County; or (2) The area will be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the County; (d) The Commissioners Court will not designate a reinvestment zone for any other grounds authorized under Tex. Tax Code Ann. §312.202. (d) Notice of Hearing. Notice of the hearing shall be clearly identified on the 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 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. §312.201(e) this notice shall be presumed delivered when 26 • • • 744 May 16, 1990'. TAG/tk/abatexty placed in the mail postage paid and properly addressed to the appropriate • presiding officer. (e) MuLily Designated Reinvestment Zones. If the reinvestment zone is designated by a municipality, to be eligible for tax abatement with the County, the property must be located in a reinvestment zone, and the designating authority must have entered into a tax abatement agreement for the same project with the applicant no more than ninety days before the County enters into a tax abatement agreement with the same applicant for the same project. (0 Date of Expiration. The designation of a reinvestment zone shall expire five (5) years after the date of designation. • (1) The designation of a reinvestment zone that has expired may be renewed by the County or municipality for periods not to exceed five (5) years. (2) The expiration of the designation of a reinvestment zone shall not affect existing tax abatement agreements made under these Guidelines and Criteria. C1 27 745 May 16, 1990: TAG/Wabate.cty Section 6 TAX ABATEMENT AGREEMENTS (a) Public Hearing. Prior to entering into a tax abatement agreement, the Commissioners Court may, at its option, hold a public hearing at which interested parties shall be entitled to speak and present written materials for or against the approval of a tax abatement agreement. (b) Reguired Findings by Commissioners Court In order to enter into a tax abatement agreement, the Commissioners Court must find: (1) that the terms of the proposed agreement and the property subject to CI the agreement meet these Guidelines and Criteria; and • (2) there will be no substantial adverse affect on the provision of Calhoun County's services or tax base. (c) Resolution of Commissioners Court. After approval, the Commissioners Court shall formally pass a resolution and execute an agreement with the owner of the facility and lessee as required, which shall include, but not necessarily be limited to the following provisions and conditions: (1) That the owner of the property shall make specific improvements or repairs to the property as described in the application. • 746 May 16, 1990: TAG/tk/abate.cty (2) List the kind, number and location of all proposed improvements of the property. • (3) Permit access to and authorize inspection of the property by Calhoun County officials, employees and/or their designees to insure that the improvements or repairs are made according to the specifications and conditions of the agreement, and that the Taxpayer is complying with the agreement. (4) Limit the uses of the property consistent with the general purpose of encouraging development or redevelopment of the zone during the period that the property tax exemptions are in effect. (5) Provide for recapturing property tax revenue lost as a result of the • agreement if the owner of the property fails to make the improvements or repairs as provided by the agreement, or in the event of other specified defaults, after notice and failure to cure. (6) A map showing existing uses and conditions of the real property in the reinvestment zone. (7) A map showing proposed improvements and uses in the reinvestment zone. • 29 4 May 16, 1990: TAG/tk/abate.cty (8) Estimated cost of the project and number of permanent jobs retained • or created as a result of the project. (9) Estimated value to be abated for each year of the abatement period, and the base year value, plus any improvements added prior to the effective date of the agreement with the designating authority. If the value of an existing facility will be deleted or diminished as a result of the project, the eligible value of the project to be abated will be limited to the difference between the cost of the project and the appraised value of the existing facility that is to be deleted or reduced as a result of the project. (10) Duration of the abatement term. • (11) Percent of value to be abated each year as provided in Section 3. (12) Reduction in the amount eligible for abatement if during the abatement period there is a reduction in value of existing facilities resulting from curtailment of activity, closure, destruction, removal or any other reason, excluding a reasonable depreciation, approved by the Chief Appraiser or Appraisal Review Board. This reduction shall be applied commencing the year in which the value of existing facilities is reduced, or deleted. (13) The commencement and termination dates of the abatement • 30 48 May 16, 1990: TAG/tk/abate.cty agreement. • (14) The proposed use of the facility, nature of construction, time schedule and property description. (15) Provisions for default, violation of terms and conditions, delinquent taxes, recapture, administration and assignment as provided in the Guidelines and Criteria and any other provisions that may be required for uniformity or by State law. (16) Description of the type of legal entity that is executing the tax abatement agreement, such as corporation, or partnership, etc. This information would include fora corporation the home state of incorporation, the name and address of the registered agent for service in Texas, and a • promise to notify the County within sixty days of any change in the registered agent or status of the corporation. Similar information will be required of a partnership or other legal entity. (17) A statement of the name, title and address of the representative of the County and the Taxpayer for the purposes of giving notice. (18) That the Taxpayer agrees to reimburse the County within thirty (30) days of request for all fees and expenses incurred by the County, directly 31 749 May 16, 1990: TAG/tk/abate-ety or indirectly, qualifying to grant tax abatement, the processing and approval • • of the Taxpayer's application, and any other expenses reasonably incurred by the County in any way related thereto, including any expenses incurred enforcing or defending the terms or conditions of the tax abatement agreement. (19) A hold harmless and indemnification clause protecting Calhoun County, each of its elected officials, all its servants, agents and employees, and any designee (a person or entity designated to perform any function required under these Guidelines and Criteria, or any tax abatement application received, or any tax abatement agreement entered into by the County) and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees from the amounts of judgments, interest, is penalties, court costs, and attorney fees incurred by Calhoun County, each of its elected officials, all its servants, agents and employees, any designee, and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees in defense of any claims occurring out of or in any way incident to processing the application, or any other claim arising out of or incident to the tax abatement agreement. (20) An incontestability clause. (21) A covenant to be bound by all representations and assurances • 32 • May 16, 1990: TAG/tk/abatexty contained in the application for tax abatement. The application for tax abatement shall be incorporated into the tax abatement agreement. (22) A covenant to provide within a reasonable time, alter written request, such information as may be required by the Commissioners Court, or its designee, in order to determine compliance on the Taxpayer's part. (23) An estimate of what the value of the eligible property that is being abated will be, effective January 1 following the end of the term of abatement. (24) A covenant that the agreement shall survive the conclusion of the abatement period and for so long thereafter until all promises, assurances, • covenants and conditions have been fulfilled by the Taxpayer. (25) Any other provisions that the Commissioners Court, or its designee, determines necessary in order to carry out the intent and purposes of these Guidelines and Criteria, or to address any special problems or needs arising out of the uniqueness of the project, the application, or the Taxpayer. (d) Notice to Other Taxing Jurisdictions. If the County is the designating authority, it shall deliver notice to the presiding officer of the governing body of each other taxing unit 33 • 901 May 16, 1990: TAG/Wabate.ety in which the property that is the subject of the agreement is located written notice that • the County intends to enter into a tax abatement agreement. The notice must be delivered at least 7 days before the County enters into the tax abatement agreement. The notice must also include a copy of the proposed agreement. The notice shall be presumed to be delivered when placed in the mail postage paid and properly addressed to the appropriate presiding officer. (e) ExecutfonlEffective Date. After giving the notices required above, and after making the necessary findings, the County may, in its discretion, approve and execute the tax abatement 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 • 34 752 May 16, 1990: TAG/tk/abate.cty date of such notice ("Cure Period"), then the agreement may be terminated by the • Commissioners Court. Provided, that upon proof of curative effort being commenced within sixty (60) days, if construction is required, the Commissioners Court may extend the time to complete the curative work, based upon reasonable construction requirements. (b) Elements of Default. The following shall be considered elements of default, in the event that the Taxpayer: (1) Allows its ad valorem taxes owed to Calhoun County to become delinquent without timely and proper protest and/or contest; or (2) Violates any of the terms and conditions of the abatement agreement, or any prior or subsequent tax abatement agreement with the County, or any • other taxing jurisdiction that has granted a tax abatement agreement to the Taxpayer for any project that the Commissioners Court has also granted tax abatement; or (3) Discontinues producing product or service for any reason excepting fire, explosion or other casualty or accident or natural disaster for a period of one year during the abatement period after the facility is completed and begins producing product or service. (4) Violates any written term, covenant, condition, agreement, or promise 35 'i-3 May 16, 1990: TAG/tk/abate.cty of a gift or donation made by the Taxpayer to the County, although such • may be extraneous to the tax abatement agreement and even though same might be otherwise legally unenforceable; or (5) Makes any material misrepresentations, either in the application or tax abatement 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 tax abatement 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 Waivei 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 • 36 754 May 16, 1990: TAG/tk/abate.cty otherwise have become delinquent 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 receiving abatement shall furnish the Chief Appraiser with such information as may be necessary for the abatement, including the percent of Calhoun County residents who are employed within the facility granted the tax abatement under the agreement. Once value has been established, the Chief Appraiser shall notify the affected taxing jurisdictions, which have granted tax abatement 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 37 May 16, 1990: TAGAk/abate.cty • 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 tax abatement agreement. (a) Regishation of Tax Abatement Agreements. On or before April 1st of the year following the execution of a tax abatement agreement, the County shall file a report of each agreement with the Texas Department of Commerce and the State Property Tax Board. The report shall include the following: • (1) a general description of the reinvestment zone including size, types of property located in it, and its duration; and (2) the names of the parties to the agreement, general description of the property and the improvements and repairs to be made under the agreement, the portion of the property to be exempted and duration of the agreement. Section 9 MISCELLANEOUS (a) Variance. An application for a variance from the provisions of these Guidelines and Criteria may be made in written form to the Commissioners Court. The total duration of is aW 156 May 16, 1990: TAG/tk/abatexty an abatement shall in no instance exceed ten (10) consecutive tax years commencing January 1 following the effective date of the tax abatement agreement, including any • extension. Such request shall include a complete description of the circumstances explaining why the applicant should be granted such variance. Approval of a request for variance requires at least a three -fourths (314) vote of the Commissioners Court. (b) Assignments. 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 assignee's financial capability to carry out all the terms and conditions of the tax abatement agreement. The County reserves the right to require such additional information as it may deem appropriate to determine not only the assignee's financial • capability to carry out the terms and conditions of the tax abatement agreement, but also its experience and historical record to determine that it is in fact capable of operating 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 tax abatement agreement. Further, the assignee shall agree in writing by amendment to the original tax abatement agreement that it shall be bound by all the terms, covenants and conditions contained in the original agreement. No assignment or transfer shall be approved if the parties to the existing tax abatement agreement, the new owner or new lessee are liable to Calhoun County or any other taxing unit affected by the tax abatement agreement for delinquent taxes, or otherwise in default of any of the terms, covenants or 39 0 May 16, 1990: TAG/tk/abate.cty • conditions contained in the tax abatement agreement. Subject to the foregoing conditions, the Commissioners Court shall not unreasonably withhold approval of any proposed assignment. Any approval of assignment of the tax abatement agreement shall not release any previous Taxpayer who has been a party to the tax abatement 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 tax abatement agreements entered into with the County. For each year in which abatement has been authorized by the County under the agreement, it shall be the responsibility of the Taxpayer to file its annual application with the Calhoun County Appraisal District for property tax abatement exemption in accordance with the TEX. PROP TAX CODE and State Property Tax Board Rule No. is 155.51. (d) Effective Date. These Guidelines and Criteria -shall be effective for two (2) years, from May 18, 1990 through May 17, 1992, inclusive. (a) Sunset Provision. At the end of the two year effective period of these Guidelines and Criteria, all tax abatement contracts created pursuant to these provisions will be reviewed by the Calhoun County Commissioners Court to determine whether the goals have been achieved. Based upon that review, the Guidelines and Criteria may be modified, renewed or eliminated. In the event that these Guidelines and Criteria are not modified or renewed, they shall automatically terminate effective May 17, 1992. • 40 758 May 16, 1990: TAG/tk/abate.ety (0 Effect of Modification or Termination. The modification or termination of these • Guidelines and Criteria shall have no effect upon existing tax abatement agreements entered into while these Guidelines and Criteria are in effect. (g) Subtitles. The use of 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. 41 / 5C. 9 May 16, 1990: TAG/tk/abatexty Section 10 ADOPTION seconded by )ption of these Guidelines and Criteria of the Commissioners Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County was approved by a vote of for and — D � against. The. motion carried by a majority vote. C� PASSED, ADOPTED AND APPROVED on this 18th day of May, 1990. COMMISSIONERS COURT OF • pp /, CALHOUN COUNTY, TEXAS M oe %/.L A Leroy Belk, Commissioner, Roy Smith, Commissioner, Precinct #1 Precinct #3 Precinct a ATTEST. my, b' M. AJ. Mary Lois McMahan, County Clerk 42 THE COURT ADJOURNED. scar Hahn, Commissioner, Precinct #4 60 SPECIAL MAY TERM THE STATE OF TEXAS X X COUNTY OF CALHOUN X HELD MAY 311 1990 •BE IT REMEMBERED, that on.this the 31st day of May, A. D. 1990, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Alex R. Hernandez County Judge Leroy Belk Commissioner, Prct. 1 Stanley Mikula Commissioner, Prct. 2 Roy Smith Commissioner, Prct. 3 Oscar F. Hahn Commissioner, Prct. 4 Mary Lois McMahan County Clerk whereupon the following proceedings were had: BASE FLOOD ELEVATIONS - PRECINCT 3 DATE: May 25, 1990 • TO: Commissioners Court FROM: W. R. Zwerschke SUBJ: Variance, Paul Chen This is response to the request made by Mr. Paul Chen through G & W Engineers involving the construction of facilities in the Port Alto vicinity which will require a variance in order to comply with our regulations. This request was researched through my office and has been found to meet all the requirements as stated in Article 4, Section D, • of the Flood Damage Prevention Ordinance of 1987. I find no reason not to grant their request for this variance for construction. 761 GY Y ENGINEERS, INC. 205 WEST LIVE OAK • PORT LAVACA, TEXAS 77979 (512) 552-4509 • FAX (512) 552-4987 May 21, 1990 Calhoun County Commissioners Court Cz 211 South Ann Street Port Lavaca, Texas 77979 Gentlemen: By means of this letter, Mr. Paul Chen, Trustee, is requesting a variance from the requirement that all structures be constructed at an elevation above the Ease flood Elevation. Mr. Chien has proposed plans to construct a swimming pool with restrooms at an elevation of +10 M.S.L. Natural ground on the .site varies from elevation +4 to +9 M.S.L. All facilities will be structurally supported on piling. We believe all prerequisites for granting a variance are complied as indicated below: • 1. The variance is the minimum necessary, considering the flood hazard, to afford relief. 2. Without a variance, it would be impossible to construct the • facility, therefore, a good and sufficient cause is in place. 3. Issuance of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Based on the belief that this request meets all the requirements for issuance of a variance, we are requesting the Commissioners Court approve this request. Sincerely, G & W Engineers, Inc. David W. Gann, P.E. DWG:prk • cc:Paul Chen Billy Zwerschke File #1769.009 ENGINEERING • ARCHITECTURE PLANNING • SURVEYING Motion by Commissioner Smith, seconded by Commissioner Mikula, and carried, that the variance below base flood elevation be granted for the swimming pool complex. BIDS AND PROPOSALS - FUEL, MONTH OF JUNE The following bids were received for fuel for the month of June • whereupon a motion was made by -Commissioner Belk, seconded by Commissioner Hahn, and carried, that the low bid of Diebel Oil Company be accepted for fuel for the month of June. .1MMMMMMMMYMKffiWNxMMM; : FUEL BID PROPOSAL : HMHKKA0LVWMMMIMMMMMM< IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED THE SPECIFICATIONS. UNLEADED GASOLINE $. 7 PER GALLON PREMIUM UNLEADED GASOLINE $+ �/ 6 / PER GALLON DIESEL FUEL $ PER GALLON THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING JUNE 1, 1990 AND ENDING JUNE 30, 1990. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: ADDRESS CITY, STATE, ZIP %THORIZ$D SIGNATURE: TITLE DATE 763 IM M; FUEL BID PROPOSAL B7'1M1Il�115IlO�lIJ?L�IMMMMMMMt IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. UNLEADED GASOLINE $4 - PER GALLON PREMIUM UNLEADED GASOLINE_ $ -.s Iq PER GALLON DIESEL FUEL $ S Y 8 PER GALLON THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING JUNE 1, 1990 AND ENDING JUNE 30, 1990. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: ADDRESS CITY, STATE, ZIP AUTHORIZED SIGNATURE TITLE DATE HOSPITAL - RENOVATION AND EXPANSION PROJECT, PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the Calhoun County Commissioners' Court approve and issue a Notice of Intention to Issue Combination Tax and Hospital Revenue Certificates of Obligation in the amount of $7,500,000.00 and that the public hearing be held on Tuesday, June 19th at 7:00 P. M. in -the Calhoun County Courthouse. • • 764 ORDER DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND • HOSPITAL REVENUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, Calhoun County, Texas (the "County") owns and operates a county hospital (commonly known as the Memorial Medical Center) pursuant to Chapter 263, Texas Health and Safety Code, as amended; WHEREAS, the Commissioners Court of the County deems it necessary and advisable to enlarge, expand, renovate and improve the existing county hospital and acquire additional furnishings and equipment related, thereto; and . WHEREAS, the Commissioners Court of the County intends to finance the construction of improvements to, and acquisition of additional furniture and equipment for the county hospital from proceeds derived from the sale of Certificates of Obligation issued by the County pursuant to Sections 271.041 - 271.063, Texas Local Government Code, as amended; and WHEREAS, pursuant to Section 271.049, Texas Local Government Code, the Commissioners Court deems it advisable to give notice of intention to issue certificates of obligation in an amount up to $ for the purpose of paying, in whole or in part, for contractual obligations to be incurred by the County in order to enlarge, expand, renovate and improve the existing county hospital, to acquire additional furnishings and equipment related thereto, and to pay all or a portion of the legal, fiscal and engineering fees in connection with • these projects; and WHEREAS, it is hereby officially found and determined that the meeting at which this order was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Art. 6252-17, Vernon's Texas Civil Statutes. THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: 1. That attached hereto is a form of the "Notice of Intention to Issue Combination Tax and Hospital Revenue Certificates of Obligation", the form and substance of which is hereby adopted and approved. 2. That the County Clerk shall cause said notice to be published in substantially the form attached hereto in a newspaper of general circulation in said County, on the same day in each of two consecutive weeks, the date of the first publication thereof to be before the 14th day before the date tentatively set for the passage of the order authorizing the issuance of such certificates of obligation as shown in said notice. 3. That this Order shall become effective immediately upon adoption. 765 LJ CALHOUN COUNTY, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND HOSPITAL REVENUE CERTIFICATES OF OBLIGATION The Commissioners Court of Calhoun County, Texas (the "County") does hereby give notice of intention to issue Calhoun County, Texas Combination Tax and Hospital Revenue Certificates of Obligation, in the maximum principal amount not to exceed $, for the purpose of paying all or a portion of the County's contractual obligations to be incurred by the County in order to enlarge, expand, renovate and improve the existing county hospital (commonly ]mown as the Memorial Medical Center), to acquire additional furnishings and equipment related thereto and to pay all or a portion of the legal, fiscal and engineering fees in connection with these projects. The County proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the County as provided by law and from revenues of the • county hospital to the extent available after deduction of the reasonable expenses of operation and maintenance thereof and payment of all debt service, reserve and other requirements in connection with all of the County's bonds or other obligations which are payable from and secured by a lien on all or part of the net revenues of the county hospital. The Commissioners Court proposes to authorize the issuance of such Certificates of Obligation at Avpm., on3"W1Vk 1990 at a Meeting, at the Calhoun County Courthouse, Port Lavaca, Texas. /s/ Alex Hernandez County Judge Calhoun County, Texas E 766 CERTIFICATE FOR ORDER DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND • HOSPITAL REVENUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF CALHOUN We, the undersigned officers of said County, hereby certity as follows: L The Commissioners Court of said County convened in MEETING ON THE 31ST DAY OF MAY, 1990, at the County Courthouse, and the roll was called of the duly constituted officers and members of said Commissioners Court, towit: Alex Hernandez, County Judge Leroy Belk, Commissioner, Precinct 1 Stanley Mikufa, Commissioner, Precinct 2 Roy Smith, Commissioner, Precinct 3 Oscar F. Hahn, Commissioner, Precinct 4 and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDER DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND • HOSPITAL REVENUE CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said Commissioners Court and read in full. It was then duly moved and seconded that said Order be adopted; and, after due discussion, said motion carrying with it the adoption of said Order, prevailed and carried by the following vote: AYES: All members of said Commissioners Court shown present above voted "Aye", except ABSTFNTIONS: NOES: 2. That a true, full and correct copy of the aforesaid Order adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Order has been duly recorded in said Commissioners Court's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said Commissioners Court's minutes of said Meeting pertaining to the passage of said Order; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Commissioners Court as indicated therein; that each of the officers and members of said Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Order would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in • ;" advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Arlicic 6252-17, Vernon s Texas Civil Statutes. 3. That the County Judge of said County has approved and hereby approves the aforesaid Order; that the County Judge and the County Clerk of said County have duly signed said Order; and that the County Judge and the County Clerk of said County hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Order for all purposes. SIGNED AND SEALED the 31st day of May, 1990. Count Clerk (SEAL) LI -it "-- n�l I a 1. a t-6-1—i D 17V � Judg • LIBRARY - NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION - NEW COUNTY LIBRARY Motion by Commissioner Smith, seconded by Commissioner Hahn, and carried, that the Calhoun County Commissioners' Court publish Notice of Intention to Issue Certificates of Obliga- tion for construction of new library in -the amount.of-- $475,000'.00; hearing to be held June 20th at 10:00 A. M. ACCOUNTS ALLOWED - COUNTY Claims totalling $88,324.76 and $3,300.00 were presented by the County Auditor and after reading and verifying same, a motion was made by Commissioner Smith, seconded by Commissioner Hahn, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL Claims totalling $41,024.41 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. THE COURT ADJOURNED. • t� REGULAR JUNE TERM HELD JUNE 11, 1990 THE STATE OF TEXAS • COUNTY OF CALHOUN X BE IT REMEMBERED, that on this the llth day of June, A. D. 1990 there was begun and holden at the 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, towit: Alex R. Hernandez Leroy Belk Stanley Mikule Roy Smith Oscar F. Hahn Mary Lois McMahan County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - AIRPORT LIABILITY INSURANCE •The only bid received for airport liability insurance was from Foss, Cates, Hudson & Simms Agency, whereupon a motion was made by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the bid of Foss, Cates, Hudson & Simms Agency in the amount of $900.00 be accepted for liability insurance at the airport. COURTHOUSE ANNEX - LIVE OAK HOSPITAL' Terry Hammons with Live Oak Hospital met with the Court to ask for an extension to the agreement for office space in the Courthouse Annex. A motion was made by Commissioner Belk, seconded by Commissioner Hahn, and carried, that the agreement with Live Oak Hospital for office space in the Courthouse Annex be continued through September 30th, 1990. is MATAGORDA ISLAND A lengthy discussion was held concerning access to Matagorda Island. Doris Wyman told the Court that Matagorda Island is free of com- mercial enterprises and it should remain that way for future generations. Brent Geizentanner told the Court that concerning the Critical Habitat Boundary that he has authority to make changes now concern- ing areas on the island and the areas where the whooping cranes spend the winter months are no more likely to be closed under the new plan than under the 1982 plan. '7E9 A motion was -made by Commissioner Mikula-that-Calhoun-County-'s- position on Matagorda Island be: ... (I)• - that the proper- governmental- agencies- provide- for - improved access to the North end of Matagorda Island and that access be by vehicular means • (2) that Congressman Laughlin be requested to request a congressional investigation of the taking of Matagorda Island from private landowners and all subsequent actions involving the island including the discontinuance of cattle grazing and also that Congressman Laughlin oppose -the Comprehensive Manage- ment Plan in its' present form 0) that Senator Ken Armbrister and State Representa- tive Steve Holzheauser be asked to oppose the State's role on Matagorda Island and to request a State investigation by the proper authorities of the State's role in the Matagorda Island issue, including the discontinuance of cattle grazing from the inception of the State's involvement up to the present time. A motion was then made by Commissioner Mikula, seconded by Com- missioner Hahn, and carried, that Commissioner Mikula's motion be withdrawn and the matter be considered on Friday. ABANDONMENT OF UNDESIGNATED PORTION OF BLOCK 160, PORT O;`CONNOR • TOWNSITE, PRECINCT NO. 4 Larry Dio, Attorney, presented an application to close and, aban- don an undesignated portion of Block 160, Port O'Connor Townsite. Mr. Dio stated that reason for closing a portion of Block 160 is because the United States Postal Service is going to build a new post office in Block 160. Mrs. Coffey and Stofer-Eiband properties are the only property owners in Block 160 and both parties signed the petition. Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that the Order to Abandon an Undesignated Portion of Land in Block 1603 Port.O'Connor Original Townsite be entered: • 770 • ORDER TO ABANDON AN UNDESIGNATED PORTION OF LAND IN BLOCK 160, PORT O'CONNOR ORIGINAL TOWNSITE, CALHOUN COUNTY, TEXAS THE STATE OF TEXAS )( )( COUNTY -OF CALHOUN )( WHEREAS, on the 8th day of May, 1990, Petition was filed by IVA MAE COFFEY, et al, for the purposes of abandoning an undesignated portion of land referred to as an alley situated between Sixth and Seventh Street and Block 160, Port O'Connor original Townsite, Calhoun County, Texas, according to the Plat recorded and dated October 22, 1909, in Volume 2, first three (3) unnumbered pages, Deed Records of Calhoun County, Texas; and • WHEREAS, the Petition and Notice were filed with the County Judge of the Commissioner's Court of Calhoun County, and Notice of Application to Abandon a Certain Alley, Undesignated, in Block 160, Port' O'Connor Townsite, in Precinct No. 4, was posted by PRESTON STOFER at the following three locations: 1. Calhoun County Courthouse, 211 S. Ann, Port Lavaca, Texas. 2. United States Post Office Lobby, Port O'Connor Texas. 3. Power Pole, Southwest corner of Block 160, Port O'Connor original Townsite, Port O'Connor, Texas. Which Notice sets out hearing on said Petition before the Commissioner's Court on June 11, 1990, 10:00 a.m., Calhoun County Courthouse, Port Lavaca, Texas, and the return of posting was filed with the Court; and • WHEREAS, evidence was given in person and by affidavit by r PRESTON STOFER, that the area of land situated in Block 160, 771 the subject matter of the Petition, has never been used as an alley or an easement, not designated on the map as an alley or an easement, nor been accepted at any time by the Commissioner's Court of the Calhoun County as an easement for any reason. The general public and the owners of the lots situated in Block 160 never used the area as an alley or an easement, and no one appeared opposing the Petition of the owners of Block 160; and WHEREAS, LAWRENCE A. DIO, Attorney for the Petitioners, filed a Supporting Affidavit that the map of the Port O'Connor Townsite dated October 22, 1909, in Volume 2, first three (3) • unnumbered pages, Deed Records of Calhoun County, Texas, has no dedication of alleys or references thereto; and It appearing to the Commissioner's Court that Notice of Application to abandon the portion of land in Block 160, Port O'Connor Townsite, referred to as an alley, has been duly posted at the Courthouse of Calhoun County, Texas, and at two other public places in the area within Precinct No. 4, as required by law, and this Court has venue and jurisdiction of the subject matter. Such portion of land, commonly referred to as "alley," has never been formally accepted by the Commissioner's Court of Calhoun county, Texas, and maintained by the County; that the Town of Port O'Connor has never been incorporated, and the control of such are under the jurisdiction of the Commissioner's Court. • IT IS, THEREFORE, ORDERED that the portion land in Block 160, Port O'Connor original Townsite, Calhoun County, Texas, Plat dated and recorded October 22, 1909, Volume 2, first three 772 • • • (3) unnumbered pages, Deed Records of Calhoun County, Texas, described as follows: BEING the realty situated in Block 160, Port O'Connor original Townsite, Calhoun County, Texas, as described in the Port O'Connor Townsite Company, Plat dated October 22, 1909, in Volume 2, first three (3) unnumbered pages, Deed Records of Calhoun County, Texas. Said alley is situated between Lots One (1) through Twenty -Four (24) in said Block 160 and being between Sixth and Seventh Street, is officially abandoned. n SIGNED AND ENTERED this day of V , ATTEST: fit41t.i4t"C'M, Mj<c-,I/ MARY CLOIS McMAHAN, County clerk COMMISSIONER'S COURT QAb,HOU,N-C WITY, TEXAS R. 1990. Commissipr(,dr,/Precinct No. 2 Comm' oner, Precinct No. 3 Commissioner, Precinct No. 4 THE STATE OF TEXAS )( COUNTY OF CALHOUN )( AFFIDAVIT KNOW ALL MEN BY THESE PRESENTS: BEFORE ME, the undersigned authority, on this day personally appeared PRESTON STOFER, who being by me first duly sworn, upon his oath deposes and says as follows: My name is PRESTON STOFER, I am a resident of Calhoun County, Texas. I am one of the signers and an interest owner in the Petition and the property set out in said Petition as Block 160, Port O'Connor original Townsite, Calhoun County, Texas. I am familiar with Block 160 in the Port O'Connor original Townsite, and I have observed the same and been in and on the property for more than thirty (30) years. The STOFER-EIBAND family has had ownership in said Block 160 for more than thirty (30) years continuously and without interruption. The STOFER-EIBAND family has been in continuous possession of the property, use, and control of same since it obtained title. The area set out between the lots in Block 160 on the Plat filed in Volume 2, first three (3) unnumbered pages, Deed Records of Calhoun County, Texas, Port O'Connor Townsite Company, between Sixth and Seventh Street, has never been used as a right-of-way for any purposes; nor has the same ever been maintained by the Calhoun County Government. The terminology "alley" has been referred to, but there has never been, an alley or the use of the same by the owners, • • • L 7'74 the general public, or the Calhoun County.Government body as an • alley. Affiant further sayeth not. DATED: wl day of June, 1990. PRESTON STOFER • 7'75 • SUBSCRRIBED AND SWORN TO BEFORE ME by PRESTON STOFER on this obi day of June, 1990. �,•'"• ••, ELLEN A MUMNLER ®� TAR PR& START TEXAS NOTARY PUBLIC in and for MYC=MEap.Dr- 2T.T993 The State of Texas THE STATE OF TEXAS )( )( COUNTY OF CALHOUN )( BEFORE ME, the undersigned authority, on this day personally appeared PRESTON STOFER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he was duly sworn and upon oath deposes • and says that he has read the foregoing Affidavit and is familiar with the facts contained therein and that said facts and matters contained therein are true and correct. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 01A day of June, 1990. ELLEN A MOTCNLER a � NahryPuck STATE OF TEXAS NOTARY PUBLIC in and for MyrAmaEcp.Daa27,1993 The State of Texas • 0 • THE STATE OF TEXAS ) COUNTY OF CALHOUN ) AFFIDAVIT KNOW ALL MEN BY THESE PRESENTS: BEFORE ME, the undersigned authority, on this day personally appeared LAWRENCE A. DIO oath states as follows, to -wit: who, being first duly sworn, under My name is LAWRENCE A. DIO, a practicing attorney at law in Port Lavaca, Texas, I am the attorney of the property owners who have filed the Petition to the Commissioner's Court of Calhoun County, Texas, representing property said owners of Block 160, Port O'Connor Townsite, Calhoun County, Texas, situated in Precinct No. 4, for the purpose of requesting the Commissioner's Court to abandon the portion of an area of land undesignated and referred to as an alley set out and described in said Petition. I hereby represent to the Court, in writing and under oath, the following, to -wit: 1. 1 have examined the plat of the Port O'Connor Original Townsite Company dated October 22, 1909, and filed in Volume 2, first three (3) unnumbered pages of the Deed Records of Calhoun County, Texas. Copy of said plat is attached to and made a part of this Affidavit for all purposes. 2. The map and plat were never accepted by the Commissioners Court of Calhoun County, Texas. • 3. The map and plat were filed in a period of time when a property owner could voluntary walk into the County Clerk's Office and file a plat of land subdivided into lots or blocks, etc., without obtaining prior governmental body approval. 4. The map and plat, on its face, does not make any dedication as to the areas situated in blocks, which are set out in spaces, as alleys, easements or right-of- ways. Further, there are no dimensions on any areas situated by and between blocks which have no markings as the same being alleys, easements or right-of-ways. 5. There are no accompanying affidavits, statements or resolutions from the corporation which was designated the Port O'Connor Townsite Company stating there is a dedication of any alleys, easements or right -of- • ways in Block 160 or any of the other blocks set out on said map nor language to of alleys. 6. If the area set out in the Petition has never in fact been used as an alley, easement or right-of-way, it is not necessary for the County to discontinue or terminate a use which never went into existance. The reference on the plat to "designate and dedicate the roads and streets thereon showing to the use and benefit of those purchasing the land in said subdivision" would not be an acceptance by the county government without the County taking official action as the Commissioner's Court or by use by the County or other factual use by the general public. In the facts before the Commissioners on Block 160, there has never been any use or acceptance by the county government prior Commissioners of the Precinct No. 4 or the owners of said property, in maintenance or otherwise as a right-of-way. Affiant further sayeth not. DATED: Aj1 day of 778 C J • SUBSCRIBED AND SWORN TO BEFORE ME by LAWRENCE A. DIO on this l t day of June, 1990. e E :6A.al UTQtIER NOTARY PUBLIC in and for sr The State of Texas. Ar Comm Etp. Dx 27, ID93 THE STATE OF TEXAS COUNTY OF CALHOUN ) BEFORE ME, the undersigned authority, on this day personally appeared LAWRENCE. A. DIO, know to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he was duly sworn and upon oath deposes and says that he has read the foregoing Affidavit and is familiar with the facts contained therein and that said facts and matters contained therein are true and correct. - GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of June, 1990. EQ6,� EUENAMUtdttER NOTARY PUBLIC in and for No"Pak The State of Texas. STATE TK TEXAS Ary Comm.E* Dn 27. IM ` `'7'79 n ` UJLJ Z t i i.__ro Y R e • c" 2 MEN MM13iJMI � ml?�I'�rili�lk�r]I Eff m _°i M [E - �� _ IIOrEt GROUND PARK LN- _ 1 ! ,The. tietf .r :,`County pf yl otorla k"! 6iW ALL WI; BY al[ m-r!hst by authroity of a resolution frjk the Board of Dirsotors of The Pori onAor Tore Site Company of erst1 l • herewith, nutlNri sidg Lhie Sndtra .rent and for the purpose of`plaaing of rn"Ord the attaohed rAt'and map for Oonvevienoe of deaf iption in oonYeyanaea avid Bal.Mb Of properG oil the town traot Y Lhe OSty of Port olaannor,Tha Port O'Connor Toren Site Company hereby plaoes of record the llS4J%EE oloeed Yap.'Aje.par oel of land SndlW ea on the aafd map Oil the Hay' front and designated by the t AM1p••+Le nn thn mnr. 1- %1-Oln�t•d r1ir•'1v ror pnhlln nncl nene Other, Qi� C N • 780 LJ i 00/ 1 c xF 4 o,a ri a b A , I b 0 r-71 IN � H111. BOULEVARD I n I PRUE State of 'Pease — PLATTED County of C-1t 5_ria: Before nr _ me P9B1'i. Vivian Iinby,a Notary Fublio in and for Viotorla Cvunt Pexua,on this dw 1 _--- -- Ye 1' Per sc va.:Yy --- ay¢nared It. I.Nertel/known to me tc is the Vareon Mhoee nerve Is suLacribed t:: the forego Llg inetroment/aM xoknowlled— to me that he eaeouted the same for the Purposes and aoneid',:atlon thereil e Xpreesed,and as the e,ot and deed of the said The Port n'runnor 'Down Site Coi6phny, 61ven under my hand and seal of offine the the :�2nd day of ootobo}• A,n,1909, ' (1„S• 11c):41. Vivian Roby/Notary Public '{1'itoria Co,inty/T-)v-''a The ova and foregoing Instrument with its certlfloate of autbiant[estlon ",.a f1led for record n pytF%tffloe on the 23rd day of Ootober Igo,) at 3/0'olook P,M.and duly reoordad tjhathe 222nd day ` lh�rJanuar•L• Y)lo at - - i, ''781 . 'i hn i646m Of '�'r:•.0 n,1'ullnl.y nl �:•,I Wlilll hlwJ 41 ❑ b:J 6�irn .J eera[P{ 1'Init :, i.�l ~•�••. t]' Cur.11or'1.l wnalt a Company act lu,; hornln b, stit 1'r.• a, llertel t1wr'.1"A ,b'1 mtilho- 1 I' Y, Y nldnnt,ll, , , 1 Sxed by the hoard of Dirnotere of said norporattnn,havinir subdlvldrd anrtet.in l,mdn be- lon,•inrt to anld corporatlnn,whioll are shown on the map hereto attaehmd,into olrtl•ta u0.30111 { i Lip, Win towneite of fort O'Connor heretofore dt olgriated,doem hereby u,llnlowledlr.n and dnolal-d , c' the mall and plr.t of sunh euhdlvlelono hereto atUwhod to he a Leis and correct map and plat thar•,if•and done hereby dnuignute and dedlorte the roads �Iid ntr�ata ther•.on nhowli to the •- use and benefit of thoue purahusinH lunda in said Inlbdivlalon. In Terr.onony whareor,The Port O'Connor Townrite Cowl. arwhas enuand theme preaentn to be exeouted by Ito Prr. oldest ' and atterted by its Seorntar; IAP Of and its corporute meal thereto al'fixsd this the 18th 4.ay of Jananry A. The O•CONNpR The Port O'Connor Tovmisite Company ( By H.4.}lertel,Freaident. Attoatst. ,7, K.1!r1giligr,. '. fCOIJNJ/TB OUTLOTJ-"•^-----a0o----- f 7. Seorstfry. The $tnta of axue,Ca my of Calhoun; �I augvcyrn ay HJt. //fNocR�oK Before ma .7.'7 Covington,a Notary Publio r . ' acsap moo'./i.Y All and for G Lhoun Co'anty',1'exau,on thl4. ' J.w.e oi,ar,e2 Pl&".IrwA.t day persona! y appeared % .Hortel, C�<nuvr, ruo.vey car ce•a .4.4 Preotdent of The Port O'Connor Townsits •.. • 14. 10 any,knoxn to no to be !4 tha person 'shoes nave In a r• b v_ s k subscribed to the rarq•- I a 4 > > o.in�t Inetrumint and nok-'. • M ' ; •.aa �°-u a �, �L_ __&4' nowl•d red to me that he (: - > mxeoutad the mama for it > the nnrposee and cons- + --°�=• ` a - r'�'% J Sderation tharein exp t- Y. e J t q M + a"'�,• roamed and an the ab ! "` ` > 1 ' a .. q aot and dead of said • ` rY— w 4 i , 4 ;� Compnr�>,C Sven under k'r• A a a ; > a my hand and anal of s o!rlca thin the list: day of Jamiary .AA: 7. ! __ / `✓ > L a, t i i' i 1910.•7,N.CovIria— v � >�✓ i j a a ^ n ton,Juetloe of i + a > * Paace anD a t •� '> ry Plblio In it Il iv • a q� q a . ,nd for Calh- >y C4 u J olm County, ? . 4 U •� J b 1,A 4 kv All ru III ItI IJI r<I .i y ya. c w. Q d y ��.�i �••,1 �•� 4 / ' J } • is ,, q 4 y a, i i L� 1n i' P 7 ,; ' it t— IN JI ,II .JI 2•I J h ..L] J A )r l+ P(_ JJ✓. \�I I �� �L.4,I•Ju'SI''tW.�tl ` L�t-•I•'li 11 ) ,I' `•"I -."AI hlfull l'll I• - s - •/ a Y i 1 i 782 `,1., LIBRARY Joel Reitzer with Reitzer-Cruz of the new county library met the following progress report: DATE: Architects for construction with the Court and submitted CALHOUN COUNTY LIBRARY Fr"ORESS REPORT June 11, 1990 PROJECT STATUS w Iml V. Reftzer, Jr., A.I.A. ■ Louis M. Cruz, A.I.A. Pay Request No. 4 is being processed per physical inspection of job site. 2. SITE VISITS Joel Reitz-r b. #2 Joel Reitz^r C. #3 I.A. Rodriquez d. #4 I.A. Rodriquez e. #5 Larry Saunders f. #6 Joel Reitz-r g. #7 Ron Torbet h. #8 Larry Saun,lers I. Joel Reftzer Site clearing Concrete piers & slab Concrete pour Concrete pour Steel Erection (5/11) Brick sample panel Steel erection & deck Rust removal Rust removal Payment request 3. PROBLEM RESOLUTION A. On May 17, 19,10, Joel Reitzer visited site and observed rust on steel beams and columns. The Contractor was instructed to remove the rust and reprime the affe,;ted steel. The structural engineer visited site to observe contractors work to remove rust. The rust was completely removed and the steel was reprimed. B. Adjust bathroom. - There were floor plan adjustments made to respond to the new state requirement for 60- inch wide handicapped toilet stalls. The area shifted to the south -slightly. C. Mechanical slat, and underground utilities - Adjusted the size and l,,r_atin to accommodate the mechanical units, transform-r and underground utilities. D. Windows - The tP,-.hnical services room has two windows, ayY- of which ha^ been moved to the south wall to view the rear exit, delivery and employee parking. "'783 I E. Construction Derails - The following details were in progress and will be sent to the Contractor .;very shortly: 1) Brick parapet details at roof. 2) Roof flashing details. 4. CHANGE ORDERS The following change o,-ders have been issued: Change Order No. 1 Executed Concurrent w/Contract (Price Reduction) Change Order No. 2 Executed (Price Reduction) Change Order No. 3 Executed (add light weight cone;; roof and recess for brick pavers: Change Order No. 4 Approval pe*&4-Hg. (Add horizontal mullions) Change Order No. 5 Approval pending. f/gyp,°a (Add computer boxes) Change Order No. 6 Approval pending. f///oo.°O (Provide & install brick pavers with citizens names) • 784 • CALHOUN COUNTY LIBRARY PROGRESS REPORT .PAGE 3 5. FURNITURE R. J. Sheppard & Associates is preparing specifications for bidding on library furnishings. Reitzer Cruz Architects will prepare the bid documents and provide bidding and negotiations services to Calhoun County. The Schedule for this work is as follows: June 29 Preliminary specifications will be complete. July 9 Issue bid (locuments and specifications. July 31 Receive and open bids. August Presentation of bids to Commissioners Court. August Award Contract. September Order furnishings. • October Install furnishings. 0 • ",85 LIBRARY - CHANGE ORDERS NOS. 5 & 6 Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that Change Orders 5 & 6 be approved: CHANGE ORDER ALA DOCUMENT G701 Distribution to: OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIEH) Q 0111ER ❑ PROIECT: Calhoun County Library (name, address) Calhoun County, Texas 10 (Contractor): I REXCO, Inc. P. 0. Box 416 Port Lavaca, TX 77979 L CHANGE ORDER NUMBER: Six (6) INITIATION DATE: 5/21/90 ARCI111ECT'S I'ROJECT NO: CCL00 CONTRACT FOR: New Construction .__I CONTRACT DATE: 12/28/90 You are directed to make the following changes in [his Contract: Supply and install brick pavers as shown on revised paver plan dated 2/21/90. Color to be Enid -range iron spots, #BPMRI65DS as manufactaured by Whitacre -Greer. Contact Great Southern Supply, Houston, Texas at 1-800-323-4398. Paver size to be 3-5/8" x 7-5/8" x 2-1/4". Price based on 50`; of pavers to be engraved. No ea bd unlit signed by hush the Oa'ner and At, liha 1. Signalwe of the (OnI"I(IVI instil alr> his Igmenrenl hen•rrid" including an) adi u"l mmt,l in the C m Tact Sum or Cunlr,tU Time. The original (Contract Sum) was ........................... $ 724,591.00 Net change by previously authorized Change Orders ................................... $ 5,470.00 The (Contract Sum) 66uoucftc<j6&a4nHDwck3ndkprior to this Change Order was .......... $ 730,061.00 the (Contract Sum) will be (increased , by this Change Order ......................................................... $ 11,100.00 The new (Contract Sum) ! including this Change Order will be ... $ 741,161.00 The Contract Time will be ) (unchanged) by ( 0 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: Reitzer Cruz Architects, Inc. REXCO, Inc. Calhoun County, Texas WOW St. Maryrs #100 C"TR \ Y Box 416 30 R Ann St. Addw,s Add,css Address San Antonio, TX 78212 Port L, TX 77979_ 1 rIavaca� 77979 -- avaca` • E tAaTV inav zz -17yu DATE ,D — 6 It — '7U— DATE 1,0 1 I 1 --'7( ) _—- AIA DOCDMFNT C.701 • OIAN(lf ORDFR AI'RII 1%8 tDI11UN AIA' br 19711 1 Hf .AM[ RIC AN IN51111!l If Of AR( I it] [ C15, I7J9 NOV 1'OR.R AA'L. N'.w . AAVA1 IIN(,10% D (. '_0MV. 86 G701 — 1978 11 • CHANGE Distribulion to: ORDER OWNER ❑ ARCHII[CT ❑ AEA DOCUMENT G701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: Calhoun County Library CHANGE ORDER NUMBER: five (5) (name, address) Calhoun County, Texas INITIATION DATE: 5/21/90 TO (Contractor): E— RFJCCO, Inc. ARCHITECT'S PROJECT NO: CCL00 P. O. Box 416 CONTRACT FOR: New Construction Port Lavaca, TX 77979 --- L CONTRACT DATE: 12/28/89 You are directed to make the following changes in Ihis Con t fact Add corriputer boxes with conduit to above ceiling and a pull wire installed in the conduit to be located in Room Nos. 121, 122, 123, 124, 125, and 126. Locate in center of wall at 12" A.F.F. on the west wall of rooms 121 and 122 and on the east wall of rooms 123,124, 125, and 126: Nut cdid until signed by bulls Ih(` Ohsncr and A,6,1,0. Signalme of the Con lrao... in(li(aly> his agleemr'nl I" it,, indt'ding any adju+l nunl in the C(Inlra(I Sun. nr Gmba(1 Time. The original (Contract Sum) ras ........................... $ 724,591.00 Net change by preciously authorized Change Orders ................................... $ 5,350.00 , The (Contract Sum) ) prior to this Change Order bras .......... $ 729,941.00 , The (Contract Sum) ) will be (increased) ) by this Change Order......................................................... % 120.00 The new (Conlracl Som) ncluding [his Change Order will be ... $ 730,061.00 The Contract Time will be (unchanged) by ( 0 1 Days. The Date of Substantial Completion as of the date of this Change Order therefore is , Authorized: Reit7pr r„h7 Arrhif-arfc Inc Calhnim County Library CH 3A7R07INT.CSt, Mary's #100 TO416 OWNER 301 Ann Street Address Address _g Address San Antonio, Texas 78212 Port Lavaca, TX 77979 Port Lavaca, TX 77979 13y— nT Mav 22, 990 unTE S--'Z�i — • DATE AIA DOCUMINT C701 CHANGE ORDHK APRII 19711 IDIIION AIA`' CI 19711 IHC AMCRICAN INSIVIUn Of AM 1111VGIS, 1;:15 NiW YORK AV'L. NA1'_ wANnNGION, D.0 101106 G701 — 1978 UTILITY PERMITS - GENERAL TELEPHONE COMPANY, PRECINCT NO. 4 Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the following permit be approved: MO 600647 • ED-136 (REV.1-BB) 00 ATE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION DATE 05-17-90 TO THE COMMISSIONER'S COURT OF CALHOUN COUNTY ATTENTION COUNTY JUDGE: Alex R. Hernandez Calhoun County Courthouse Port Lavaca TX 77979 Format notice is hereby given that GTE SOUTHWES'[INCORPORATED will construct a communication line within the right-of-way of a County Road in CALHOUN County, SEADRIFT, TEXAS as follows: SEE ATTACHED NARRATIVE. • The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after May 30, 19 90 GTE SOUT W T INCORPORATED By �� G DAVID J. CUSTER SENIOR ENGINEER — OSP • Address P. 0. BOX 1112 ROBSTOWN, TEXAS 78380 512/387-6037 • County Notification Page 1 5479 - E-6E1010 Beginning at the intersection of Hwy 185 and White Road, GTE proposes to replace a section of cable and abandon existing cable in place. Cable will extend south on White Road 5' inside west right-of-way for a distance of 11001. At this point, GTE proposes to place a 2" bore from West ROW to East ROW and extend cable south 5' inside east ROW for a distance of 12001. GTE also proposes a 2" bore on Mack Bale Rd. 1800' west of White Rd. Beginning 500' west of this location, GTE proposes to place a new cable 5' inside north ROW to Cady Rd. A 2" bore will extend cable under Cady Rd. and cable will continue south on Cady Road 5' inside west ROW to Blevins Rd. At this point, cable will extend east 5' inside south ROW for a distance of 1280' where a proposed bore will extend cable from west ROW to east ROW on Romana Rd. All cable will be placed at a minimum depth of 30". • See Attached Sketch. • CONCURRED TO: GTE SOUTHWEST INCORPORATED ATTENTION: DAVID J. CUSTER SENIOR ENGINEER - OSP P. O. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 05-17-90 except as noted below. It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Oscar Hahn Commissioner of Precinct No. 4 telephone 512/785-3141 forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the llth day of June 19 90 , and duly recorded in the Minute Book of the Commissioner's Court of Calhoun County, Texas. • • • 790 0 Bily AREA TAX DIRT. Z ENGWO BY DATE DRAWN BY DATE APPROVED BY DATE_ -- - ----------- Southwest DESCRVrnoH eDALC SHXXT OF W.O.H0. MC 600664 EU-172(REV.1 881 791 COUNTY PROPERTY - COMMISSIONER OF LEASE, ALAMO BEACH Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that Commissioner Belk be named Commissioner of Lease to lease 20 acres at Alamo Beach. ORDER APPOINTING COMMISSIONER OF LEASE TO LEASE CERTAIN COUNTY LANDS, AND COVERING OTHER MATTERS RELATIVE THERETO WHEREAS, the Commissioners Court of Calhoun County, Texas, desires to lease for pasturing and rice farming purposes a certain • 20 acres of land described in that certain form of lease which is marked Exhibit I and attached hereto and made a part hereof for all purposes; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: Section 1. That :.:-;40 7 AA"-t` , County Commissioner, is hereby appointed as Commissioner of Lease to so lease said property at public auction in accordance with law, such lease to be made in accordance with the terms and provisions of said Exhibit I. Section 2. That said Commissioner of Lease is hereby authorized to publish notice of such auction as required by law, to fix the time and place the auction will be held, and to do • any and all other acts necessary to accomplish such auction. Section 3. That the right is reserved for said Com- missioner to reject any and all bids received at such auction. Section 4. That said Commissioner of Lease is hereby authorized to determine the successful bidder at such auction and to enter into and execute a lease contract in duplicate with such successful bidder, such lease contract to be in accordance with said Exhibit I. PASSED, ADOPTED AND APPROVED this llth day of June, 1990. COMM J18SNOLQEiiSiC`OUR�Of CALHO.0 COUNTY, TEXAS By v-v ATTEST: Alex R. H f rnandez, County J e • Mary gois McMahan, County Clerk - 792 BUDGET AMENDMENT - PRECINCT NO. 2 Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the following budget amendment be approved: • 11 BUDGET AMENDMENT REQUEST • To: Calhoun County Commissioners' Court From: (Department -a making this request) Date: /_ _ I I _9c, I request an amendment to the dCIQ _ budget for the (year) following line items. in my department: Amendment GL Account # Account Name Amount- �.. I U 1. iIl ,IMIINM • . 1 11 Net change in total budget for this department is: Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. is Signature of official/department head: `j /% Date of Commissioners' Court approval: Date posted to General Ledger. account(s): "/q 0 793 INSURANCE - RISK MANAGEMENT CONSULTANT Don Gray, Vice President of Risk Management Group met with the Court to discuss insurance/risk management and the services his company provides. No action was taken until the other proposals could be reviewed. 0 BIDS AND PROPOSALS - AMBULANCE DRIVERS INSURANCE AND CLERK'S ERRORS AND OMISSIONS INSURANCE*. Motion by Commissioner Smith, seconded by Commissioner Hahn, and carried, that the County Auditor be authorized to advertise for bids for ambulance drivers insurance and clerk's errors and omissions insurance with bid opening set for August 17th. ACCOUNTS ALLOWED - COUNTY Claims totalling $216,059.05 were presented by the County Auditor and after reading and verifying same a motion was made by Com- missioner Mikula, seconded by Commissioner Smith, and carried, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL • Claims totalling $211,728.58 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Smith, seconded by Commissioner Mikula, and carried, that said claims be approved for payment. THE COURT RECESSED UNTIL 10:00 A. M. FRIDAY, JUNE 15TH. JUNE 15, 1990, 10:00 A. M. HOSPITAL - EMPLOYMENT OF ADMINISTRATOR Motion by Commissioner Mikula, seconded carried, that the Commissioners' Court decision to hire John Hayes as Hospital MATAGORDA ISLAND - RESOLUTIONS ALL MEMBERS PRESENT by Commissioner Hahn, and ratify the Hospital Board's • Administrator. Motion by Comm. Mikula, seconded by Comm. Hahn, and carried, that the following Resolution be approved on Matagorda Island as pre- sented and the County Judge present the Resolution at the public hearing on June 20th: 794 RESOLUTION ON MATAGORDA ISLAND Comprehensive Management Plan - Memorandum of Agreement STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, the United States Department of Interior, Fish & Wildlife Service, State •of Texas, General Land Office, and Texas Parks & Wildlife Service, are proposing a Compre- hensive Management Plan - Memorandum of Agreement for the management of Matagorda Island, and WHEREAS, in the proposed Comprehensive Management Plan - Memorandum of Agreement and Co -Operative Agreement between the Fish & Wildlife Service and The Nature Conservancy, dated May 1990, pages 9 & 10, state "no causeway, highway, bridge, ferry, public airport, or similar mode of transportation providing motorized vehicle or aircraft access to the Island will be permitted, except for administrative and management purposes for authorized personnel.", and WHEREAS, Matagorda Island presently is inaccessible to the general public other than by conventional water borne transportation, and WHEREAS, the Calhoun County Commissioners Court desires to see that all its citi- zens, through improved accessibility to the northeast end of Matagorda Island, have the opportunity to enjoy the recreational and historical aspects of Matagorda Island, and WHEREAS, because of this inaccessibility to Matagorda Island other than by conven- tional water borne transportation, the Calhoun County Commissioners Court does hereby call upon the United States Department of Interior (Fish & Wildlife Service), and State of Texas (Texas Parks & Wildlife Service and General Land Office), as owners of Matagorda Island for the citizens of the United States of America, to significantly improve the accessibility to Matagorda Island so the general public will have the opportunity to enjoy the recreation- al and historical aspects of Matagorda Island, and •WHEREAS, the proposed Comprehensive Management Plan does not adequately address the question of improved accessibility for the general public to Matagorda Island, and WHEREAS, the proposed Comprehensive Management Plan totally eliminates cattle grazing, as a range management tool from all of Matagorda Island, and WHEREAS, The Nature Conservancy is not a governmental entity and therefore should not be a party to the Comprehensive Management Plan Co -Operative Agreement and therefore, tenancy at the Wynne Lodge on Matagorda Island should be terminated. NOW, THEREFORE BE IT RESOLVED, that the Commissioners Court of Calhoun County, Texas, does hereby request the following from the United States of America and the State of Texas to: (1) Allow Calhoun County, Texas, through its governing court, the Commissioners Court, administrative action, as per Disclaimer and Reservation of Civil Action No. 70-V-14, styled United States of America, Plaintiff, vs. 17,499.11 acres of land, more or less, situated in Calhoun County, Texas, and the State of Texas, et al, Defendants, to set aside a National Historical Shrine to be constituted by the acreage on Matagorda Island some two miles northeast of the Matagorda Air Force Base, fronting on the Gulf of Mexico and Pass Cavallo, with.connecting causeway and highway easements to Port O'Connor, Texas. In accordance therewith, the Commissioners Court of Calhoun County, Texas, does hereby respectfully request that the reserva- tion of administrative action be granted. • (2) Delete prohibition clause on vehicular access to Matagorda Island as found on pages 9 & 10 of the Comprehensive Management Plan and Co -Operative Agree- ment. Calhoun County, Texas, is interested in the entire Matagorda Island; however, the area of the island of most interest for improved accessibility would be the abandoned Matagorda Air Force Base and the properties northeast fIJ15 thereof. Vehicular accessibility on that portion of Matagorda Island would be restricted to certain types of vehicles, and to the highway easements and designated parking areas. This area represents approximately six miles of Matagorda Island, which is 38 miles in length. Also, this area is not a critical habitat area. (3) Authorize an independent biological and ecological study to determine the effects, if any, of cattle grazing as a range management tool, and until such time as the study is completed, the present grazing lease be continued in effect. (4) Avoid using fire as a range management tool.until the independent cattle grazing study is completed. According to the wording in the Comprehensive Management Plan, the basic objective of Matagorda Island as a wildlife re- fuge area is to support the National Migratory Bird program and to enforce the Endangered Species Act. Using fire as a range management tool would endanger, disturb, and threaten the lives, of the Texas Horned Toad Lizzard and the milksnake, among other endangered species, and therefore, the U. S. Wildlife Service would be in violation of the Endangered Species Act. (5) Provide for assurance to the general public that hunting and fishing will not be restricted or eliminated, other than by enforcement of the standard game and fish regulations, within the area defined on Matagorda Island Map N5 as the Whooping Crane Critical Habitat, specifically the bays and estuary area included therein. (6) Include Calhoun County, Texas, as a party to any agreement involving the surface land management of any part of Matagorda Island because of the here- tofore mentioned request for administrative action as per Item #1 of this Resolution and that the Commissioners Court of Calhoun County, Texas, must ratify any proposed agreement prior to subject agreement being in effect. (7) Set aside the implementation of the proposed Comprehensive Management Plan • or any future plan, including the discontinuation of cattle grazing, until such time as these issues are resolved with the Commissioners Court of Calhoun County, Texas, and furthermore, until such time as proper investiga- tions, hearings, if any, of the Matagorda Island issue from condemnation of the land for military purposes until the present time, are completed. (8) Respectfully request that United States -Congressman Greg Laughlin, State Senator Kenneth Armbrister, and State Representative Steve Holzheauser, vigorously oppose the proposed Comprehensive Management Plan in the present form unless the requests of the Calhoun County Commissioners Court, as out- lined in this Resolution, are approved by Federal and State authorities, and the Commissioners Court of Calhoun County, Texas. This Resolution is to be presented to the public hearing, June 20, 1990, by the Calhoun County Judge as being the position of Calhoun County, Texas. Certified copies of this Resolution are to be sent to the following: (1) The Honorable George Bush President of the United States White House Washington, DC 20500 (2) The Honorable William Clements Governor of State of Texas Austin, TX 78711 (3) The Honorable Manuel Lujan, Jr. • Secretary of Department of Interior Washington, DC 20240 (MS 621-7-MIB) (4) The Honorable Phil Gramm United States Senator Russell Building Washington, DC 20510 796 (5) The Honorable Lloyd Bentsen United States Senator Hart Building Washington, DC 20510 (6) The Honorable Greg Laughlin Member, United States Congress-14th District Longworth House Office Building -Room 1022 Washington, DC 20515 (7) The Honorable Gary Mauro Commissioner of General Land Office • State of Texas Austin, TX 78701-1495 (8) The Honorable Charles D. Travis Executive Director Texas Parks & Wildlife Department 4200 Smith School Road Austin, TX 78744-9999 (9) The Honorable Kenneth Armbrister State Senator Austin, TX 78711 (10) The Honorable Steve Holzheauser State Representative Austin, TX 78769 (11) The Honorable Curtis Tunnell Executive Director - Texas Historical Commission P. 0. Box 12276 Austin, TX 78711 (12) The Honorable George Fred Rhodes Chairman, Calhoun County Historical Association P. 0. Box 988 Port Lavaca, TX 77979 • (13) Constance Harriman, Assistant Secretary United States Fish & Wildlife Service Washington, DC 20240 (MS 3145-MIB) (14) The Honorable Ii. Tati Santiesteban State Senator Chairman, Natural Resources Committee Box 12068 Austin, TX 78711 (15) The Honorable Robert Saunders. State Representative Chairman, House Environmental Affairs Committee Box 2910 Austin, TX 78769 (16) Mr. Arnold Oliver Executive Director -Staff Engineer Department of Highways and Public Transportation DeWitt C. Greer Building llth and Brazos Streets Austin, TX 78701, NOW, THEREFORE, BE IT FURTHER RESOLVED that the Commissioners Court of Calhoun County, Texas supports the above resolution. PASSED AND APPROVED by the Commissioners Court of Calhoun County, Texas on June 15, 1990. COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS 797 L•�'J p,ouu c' `+; � r i TEST ;, ;,• k -' i��L,�.'YY._ _ •AA7 e Motion by Comissioner Mikula, seconded by Comissioner Hahn, and carried, that the following Resolution be approved: • • 17198 C7�-�.r�V7 O OC) C► C� c_�� tT� Iva Ur" Z, J Is l-6�1:-V, 799 n lliu-cti�- Q�y��-f�07r4-riL�kccP/L2.dZ'( �C,zC�� wt,�- V, r� �A OCO Rat `izux�•'�-a-- /Gva-si-- 000,10 d% e2 ,d a fie 8nQ E • • �� �"l� E�� cA��� r-��y-Y�— U.S. ►7��#. �SZN-l-ea��� y17�aFre Ff�+w�s� �C�) U l� ✓ �O' `-c �-L<-Q �cL{.ac.22 (�irstg.P/L��zrcc� i I �1. .jj�.(J�'Lc�` 1 ✓ �-_',,two L� �iZ�,1q� ell-�C a A � gat �r �t1Z.Jc� C�yyt.O-J�c-t i v c /�'�Y-A-GLte.�C�c.l�� Ar1-s t�R'1'Ic��, 4�i�R�A,'-/►��d�e— YeeZ7 /%'�� q-- 7-7! 4 7- 0 7'7l A Gr alC 2/¢� V 01W I Il hD C�/ eA1eQ46CA tCC3/'gym/�1�''� �h /C4lm-, JJ41-;Iv—Yoe u, S, prr Kl d a4ll , I(A w es 801 a' VRIA w, u _ Fie cafd the, kind Pine c 141ST1s,:_. NO.M VICTORIA, TEXAS,77901,. make it passible for Il!° Conservancy _ ]ISLAND � � _T to protect a btly significant area a Texas.' � Kenneth S mania t, assistant man- tlnI ' `..(Cgaeed�e�vmPage agerottheAranssNstioaalWildli.e -. uarrerlY managed entirely by the Refuge, said that under the purchase h N toe Conservan- • N t , Tf I P Y, DECEMEER27,1S86 t.. 36 PAGES-35 CENTS b_ _. q Ttaas Parma and Wildlife Depart- agreement out• a . _ _ - 'mryt midst an agreement tr2we cY. the US. Fish and Wildlife Ser- _ '. -the Texas Geagsl Land Office and . 'vice will acquire title W the land ever, r r2 ar- e _ �+ �'� t� f �e -21 th, US. Fish and Wildlife Ser'vi-'; athcee-Yearprsiod. - f-r �+' p._: Mill Q— ou ) f TC.. .t..5'li:t L"• ,� is tffi kiatagarCa island Sts.ia ^`.' Caagress autborfzed i3 million for. Yr.:.i •% ✓✓✓ ... �� eat Ar^ . :land acquisition near the Aransas .. , juoa ildf:a„fan..Zna �1X ffic v :t rz sect. cn of '�,taS"� of : refuge maier.tbe recent federal all By=N Mr"r LM "We are very please3 that this land, .: ds IsiaA:1, stets a TeLA[ hc'.i''r d -&„ c on tZ:c bay sill c` it-' ��- - ; proo,atica. b.;1. SebwindI saiil 'PaF� for the Advaeat;. St i':: fx The southern tip of .e.:a sa Is- P tag^, which has meant so much to us. can he ie'�ed tbro • the Cooservah- p'`. ` . . - ben"! antl .he U.S. De�'�e_• of -int_uior h.,.'^ abctt2 19,MG acres On etl': noting that the wildlife service jba land.- an ll,Su arse tract uo-. a as the Wynne Ranch - will be pt.:- cy for the benefit V future genera- bons." - .: d Acquli,fio ..o�w // / tip C is will gain title to chased by Texas Nature Conservan- The southern tip of Matagorda Is- .ice°_ +*^ *sn the island, con- - xEa'�h- land is adja=1 to the Aransas Ma- - The s-i_� ru -; t■�,,;-: g t',� ll, 7? acres, will event::- -lead: -- William Blair, president of the : _i jic:al W-Hillie Refuge, and is home -:: any b:• t =_ aerred to the U.S. Fish in addition, ttie U.S. Fish an14.''ild- leaseannouric . Antonio -based Nature Conserv.�.^Y, to between "; o tin estimates ll0 ^;l;'�`a Ser;x a mtuv"g- life Service call receive a balance -ad the acquisition, adding whooping crane; in _the regional by to e.'a1 wildlife officials m co.: ; agreement to wa:.^.ge the of that ownership of t� tract evilt bet whcop..r flock. Rncti. clth the Aransas National •thenewly-acipm•edland. Scbwindt said the Interior Depart- transferred to the U.S. Fish and In addition, the island's southern tip - W;131ife R _.:..,e mint is expelled to seek authca ^a- Wildlife Service. provides rahiral babitat for four oth- -. .. .;_.. � �„�, a olia. 'land - tion of funds from Cengress to com- Tlx U.S. DerL•neat a' th; Interi- vr, which ope stes the U.S.Fish : rd.' er endaageredxi�, Including . alligators, brown pelicans, arctic ;+ 111 '; ruled L*e irnY.arce cf theati ,piste The ptnchase of t`^island tract Nature Conservary, with pay- Wildlife Service, will pay esti•� p^.-e�Ine falcons sad the Kemp's1.`j` ' ". r' '' } quisition. �� n lie said pu: h,se "wi• PrO°' �o • 6»m :menu to fie ` mated $13 million to: the ]ate fn the `transfer over the cct three ye. =.. k Ridley sea turtle. ; The Wynne Ranh is the last pri- i -_ * . / � ='r1'' ! , 'tidal coastal ararr•le and w*,'-lapd aod.Da il1� . Formal dosing on the prop"r;y is vately-owned tract of land as Nata• - ;m Purchase gr� habitat for hun,3rev`s of spetss of Saosom said 'be a planned Monday in?ortlavace gorda Island. Sale of the •tench �, TC i plants and a,imaLs. meat will not alter a sSyear Iease Blair said the southern tip of -Magi places the eatirn 41-mile long har "Of particular importance are f"''^.. ' between the Wynne family and LTa gorda Island is one of the mesa un- her island under fed -al or state . i tholes marshes, bays and la National Audubon Societ- which al- - meant natural wetlands is tba JS. managemeaL S - 1, s used by Sens Of thousands of. migrat- n.. ... .lows the society to police the coaster providing fors be portion Blair said that the -magnificent- . j lag wateiowl." �- . Sansom said that two': ir-o of all ., marshes a the southern tip of the is- .land and to prevent unauthorized c. substantial pnc�tien o"x worid's pri; anti wor mart' flock of endangered w!:oc,*,iop ntifiefor natural area has been identified foI ; decades as one of the top priorities central flyway migratory birds win- '. ter in Texas Gulf Coast mardr-s, i.: : hunting- According to Sansem, one change cranes. Toddle Lee Wynne Jr., chairman d for preservation in the enmity 1y Jed both federal and state agencies." coastal in the p.-eservation of the .Texas ma bland. The organbatim du•:.ino bfa23orda island. that will :occur on the 11,5a2-acre the American Liberty Oil and s^''es� rty r-" Texas Nature Con^.,esv is a aney Pri• often acts as a go-xtween, nc�cSat- •"Ibe<e tidal wetland-: provide of ;,tract will be the elimination of -working cattle_ ranch won operated man for the Wynne family, said; vex non-profit organization Inteest- drag r wildlife -rented land bansac- ' habitat for more than 4a0 spe.:�es .. • - I bL,is, i said Sansom. "In add:tira, : by the W;mne t Y. tthe mar`.cssnppiyai.:::tavrfou:e's,-.Schwindtsa+dthattherefugewould. t of the saltaate:.u`rcz;a in L-_U.S , use other habi` maintenance tech- . 'But umfortur=.tely,' mom than • niques, such a:, controlled burns, to - • ,::J,Gu7) a3c; c:' Texas mar='Iand '- manage the newly -acquired section n_. - ; n-^• size-- I%C.' ._ E of the islaid, �aj.I•,('?I,,' „�)<i�""Od.' :9'n,1 '11.1 Cti�� tiaras while state and federal frmd n isbeingarranged. rae northern po :toil of the is-_n.' !:^/ / (Se: ISLAND, Page NA) i.'. I M1.'r O` ' V��O���■i ,(� I' ]�i� �� c /�. V. �f.y�.�'1i1�.. IRA yr .� • ", g�11, �^ ll lllll��i .f'1\ �1�I�1fD11glV l4 1Y Vii B aT , 11C AIL ' Ei�11;6':CllAo �':Ic�inr� '2'6"J'll J1Um1.S IIA '.6tIl9.IL nrrasnetn �t.r an':a snanv. September 27, 1976 Mr. James K. Winsor Director, Real Property Division Public Buildings Service General Services Administration 819 Taylor Street Fort Worth, Texas 76102 " Re: Matagorda Island Air Force Range, Calhoun County, Texas GSA Control No. D-Tex-664-B Dear Mr. Winsor: A memorandum from James J.'Buckley of General Services Administration dated March 26, 1976, and other correspondence from your office have called on Fish and Wildlife Service for further justification demonstrating that the Federal lands on Matagorda Island have "particular value in carrying out the National Migratory Bird Management Program". Such condition, of course, is required by the statute under which Fish and Wildlife seeks transfer of such Federal lands (Public Law 80-537; 16 U:S.C. 667b). We have read Mr. W: 0. Nelson's letter to you of May 26, 1976, endeavoring to make such a demonstration and feel that, not only does such letter fall short of showing such particular value", but that it contains certain distortions which should be pointed out. On page 2 of said letter, Nelson sets out four statements which purport to demonstrate the particular value of the Federal lands for migratory bird management, as follows: 011. In a report entitled ''The Texas Gulf Coast -- A Special Report' on migratory birds, prepared at the end of a five-year study by the Branch of Refuges of the 'Fish and Wildlife Service, it is concluded thats'the off -shore islands'(Galveston, Matagorda, St'. Joseph, Mustang and Padre) form t e most im ortant winterin grounds.on'the lower Texas UU1f Coast.* 112In a' working draft of the Matagorda Island ` - conceptual plan prepared by the State of Texas Joint An Equal Opportunity Employer S03 Mr. James K. Winsor Page 2 September 27, 1976 Committee on Matagorda Island, dated October 17p 1975, it is stated that, 'The Island does, how- ever, present an ideal habitat for aquatic and semi -aquatic birds. Most North American species of waterfowl can be found in the fall and winter.' 3. In recognition of the critical nature of this habitat for wildlife, in 1971, the Air Force entered into an agreement with the Secretary of the Interior, giving the Department'of Interior (Fish and Wildlife Service) the right to enter upon and use the lands for the protection and management of wildlife, principally migratory birds and endangered species. 4. Matagorda Island is uniquely situated to benefit the many species of.migratory birds, as listed in our initial application and environmental assessment. Its location in the southern portion of the Central Flyway. enhances its importance to migratory birds as a wintering area. The island's location on the Gulf Coast.makes it particularly valuable to,the continental population of birds passing along the Coast on their north and south migrations,"' None of these statements single out the Federal 18,99Z acres of Matagorda Island as having such particular value - Analyzed , each statement can be reduced to the simple asser- tion that Matagorda Island is valuable for migratory birds. No one denies this, but what part of Matagorda Island? Is it the uplands and beaches, which is the land in Question? Or is it the marsh and wetlands which belong to the State of Texas and to private interests? Mr. Nelson's letter does not differentiate between the two, but Leaves the false im.- pression that since the authorities he cites for the proposi- tion that the island is valuable for migratory birds refer to Matagorda Island, they refer to the Federal lands which actually constitute less than one-half of the island.. It must be remembered .that the Fish and Wildlife Service application for transfer can no longer apply to the lease- hold interest in state lands on the island because the lease was terminated by a judgment of a Federal Court. • 804 . Mr. James K. Winsor Page 3 September 27, 1976 The fact is that the Federal lands, which are now all that is covered by the application, are relatively unattrac- tive to water birds such as ducks, geese and whooping cranes, but are attractive to upland game and birds. Mr. Nelson suggests at page 3 that, because o� bermuda grass pastures on the Federal land, they provide feeding areas. But, the statute says "of particular value" for migratory bird manage- ment. There are literally -hundreds of thousands of acres of grasslands, not to mention rice and other grain fields in this area of Texas, which provide better feeding places than the uplands of Matagorda Island. Nor, is there any shortage of fresh water on the mainlands. There are in- numerable lakes, ponds and rivers of fresh water in this part of Texas. Moreover, the statement on page 3 of Mr. Nelson's letter that the mainland opposite Matagorda Island is "rapidly being developed by industrial complexes" is simply wrong. Probably, the most far-fetched argument made in Mr. Nelson's letter is the suggestion that Matagorda Island is • a favorable habitat for the endangered Eskimo curlew. This is not based on any observation or sighting of such bird on the island, but upon a 1950 sighting on the Aransas National Wildlife Refuge and a sighting near Rockport in 1960. From this flimsy evidence, Mr. Nelson says that "biologists ex- press a guarded optimism" that such birds may be found on the island. If this is the sort of evidence Fish and Wildlife are relying on, their request should be .rejected. Again, as to even this bird, no distinction is made between the very different characteristics of the State and Federal lands. If the Eskimo curlew would be attracted to the island, it would be to the marshes, not the uplands or beaches. Moreover, Nelson's letter devotes considerable discussion to the value of the island for the preservation of endangered ght of the fact that Fish and Wildlife species. This loses si has invoked Public Law 537 as the basis for their request. This requires that the Federal lands have "particular value" for migratory bird management, and value for other purposes is immaterial: The laws with respect to the preservation of endangered species.appl.y to the State of Texas, and there is no reason to believe the State cannot protect sea turtles, al%jgators,,brown pelicans and the other endangered species, • UVO n LJ ', .. 1 Mr. James 'K. Winsor Page 4 September 27, 1976 as well as Fish and Wildlife Service. The fact that they are found on the island does not support Fish and Wildlife's case insofar as Public Law 537 is concerned. They must show the Federal lands sought to have particular value for migra- tory bird management. The statute•clearl contem lates that the State is to have riorit were t e conservation o species other than migratory it s is concerne_. As stated in the Senate and House Reports accompanying Public Law 537, at the time of its passage: "Under the terms of the bill, areas best suited for the management of upland game and • animals would be transferred for administration by the State; those areas better suited for the management of migratory birds would be placed under the administration of the Department of the Interior to be used in its national water- fowl management program." (Senate Report No. 12200 April 30, 1948). It is submitted that W. 0. Nelson's letter of May 26, 1976, falls far short of demonstrating that the Federal lands on Matagorda Island have particular value in carrying out the Migratory Bird Management Program. Not only does it attempt to blur the differences between the Federal uplands on the one hand and the State and private wetlands on the other, but it attempts to confuse the conservation of endangered species with the real.quostion at hand: Do the Federal lands have "particular value in carrying out the Migratory Bird Management Program?" The answer to such question is that the 18,992 acres of uplands and beaches owned by the Federal government on Matagorda Island have only a marginal value for migratory bird management, and any transfer of such lands under Public Law 537 'to -the Fish and'Wildlife Service would violate both the;'statuteand the G S'.A, regulations. 'The Fish and`Wildlife Service has not 'attempted, either in its original application or in the supplemental information ,,, _• contained in the 'Nelson'.letter,,to apply -the recognized criteria of.G.S.A. for:;.determining.",if the',Feal,property Oulu L • Mr. James'K. Winsor Page 5 September 27, 1976 has particular value in carrying out the national migratory bird management program." On the contrary, Fish and Wildlife openly states that it wants the property not only for a new national wildlife refuge, but in part for recreational uses. Neither of these purposes is contemplated under the appli- cable statute, Public Law 80-537. Very truly yours, 6 John L. Hill Attorney General of Texas JLI1: PJIF: gh cc: Mr. Nicholas A. Panuzio, Commissioner General Services Administration Public Buildings Service Washington., D. C. 20405 Y 1,_ 807 S4v :v-ri:x. July 8, 1977 n•r•rnoa�eca' at�•.�n:aa.�r. Mr. Joel W. Solomon Administrator, General Services Administration Washington, D.C. 20024 Re: Matagorda Island Air Force Range, Calhoun County, Texas, GSA Control No. D-Tex-664-B Dear Mr. Solomon: In a letter of February 15, 1977, Mr. Karl Merrill, of your Fort Worth office, advised the Governor of Texas, Dolph Briscoe, Jr., of GSA's decision to transfer approxi- mately 12,276.10 acres of the captioned surplus real property to the State of Texas. The remaining 6,716 acres of the former Matagorda Air Force Range would be transferred to the Fish & Wildlife Service of the Department of Interior, pursuant to its request under public Law 80-537 (16 U.S.C. 6671)-667d) for migratory bird management. Also, by letter of April 6, 1917, Mr. James K. Winsor, of your Fort Worth Office, advised Mr. W. O. Nelson, Jr,, Regional Director of GSA's decision to transfer approximately 6,716 acres of the former Matagorda Air Force Range to the Fish & Wildlife Service and to transfer the remaining 12,276 acres to the State of Texas for a State Park and Wildlife Refuge. 'We have recently been furnished a copy of a letter to you from Secretary Andrus, of the Department of Interior, dated June 7, 1977, in which the General Services Adminis- tration is asked to reconsider the decision described in the above letters and to transfer the entire property to the Fish & Wildlife Service for administration, as a part of the National Wildlife Refuge System. The State of Texas is dissatisfied with the announced decision also since we feel we can justify the transfer of all this property for use as a State Park. We respectfully request, therefore, your consideration of the following: • • • 8�° • • • Mr. Joel W. Solomon Page 2 July 8, 1977 1. Background The Matagorda Island Air Force Range ceased to.be used for Air Force purposes in 1975 and was declared excess property by "Report of Excess" dated September 25, 1975, accepted by General Services Administration on October 0, 1975, under GSA Control No. D-Tex-664. The land in question consisted of 18,999 acres of uplands and beaches owned outright by the Federal Government and an additional 17,499 of marshlands or wetlands leased from the State of Texas. By letter dated October 29, 1975, from this office to Mr. James K. Winsor, Director, Real Property Division, Public Building Service, GSA in Fort Worth, Texas, the State of Texas stated its interest in acquiring these lands for a State Park and submitted plans in connection therewith for the development of the property, which plans were pre- pared by the Texas Parks & Wildlife Department. This letter was followed by a "Notice of Desire to Acquire Surplus Property" dated January 6, 1976, in which the State notified GSA that it desired to obtain the federally -owned 18,999 acres, together with all buildings, structures, facilities and other improvements for public purposes, including park, recreation, wildlife conservation, education and research. By letter dated November 17, 1975, the Fish & Wildlife Service of the Department of the Interior requested that Matagorda Island Air Force Range, together with all federally - owned and federally -leased land and facilities, be transferred to it under Public Law 80-537 (U.S.C. 667b-667d) which pro- vides that areas suited for the management of migratory birds may be placed under the administration of the Department of Interior "if the real property has particular value in carry- ing out the national migratory bird management program." By judgment of the U.S. District Court for the Southern District of Texas, dated March 26, 1976, in Civil Action No. 7-V-14, the leasehold estate held by the Federal Government and the 17,499 acres under lease were revested in the State of Texas so that the Fish & Wildlife Service request could no longer apply to such -lands. By letter dated January 6, 1976, this office sub- mitted authorities and argument in support of its position that transferof the subject lends µnder Public Law 80-537 to Fish G Wildlife Service woNld violate both the 809 Mr. Joel 11. Solomon ` Page 5 July 8, 1977 j � ff{ as will appear hereinafter, the plans of the State for this j land give high priority to the preservation of the whooping crane). Mr. Andrus further states in his letter: "It is this Department's position that any decision by GSA to regard or -deny the Fish & Wildlife Service's request for the entire property may be contrary to both the statute and implementing regulations, - Citing 40 U.S.C. 471(b); 483(a); 41 C.F.R. 101-47-201.1; 1949 U.S. Code Congressional and Administrative News 1475." These citations are to sections of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), its regulations and legislative history. But the application filed by Fish & Wildlife Service was not made under said act but was made expressly under Public Law 80-537 (16 U.S.C. 667b), a wildlife conservation statute. - In any case, the materials cited contain nothing but broad expressions of general policy which would in no way pro- hibit the announced decision of GSA in the matter at hand. For instance, 40 U.S.C. 471b provides: "It is the intent of Congress in enacting this legislation to provide for the Government an economical and efficient system for . (b) the utilization of available property." The Interior Department contends that somehow these statutes and regulations deny GSA any discretion in its function of disppsing of surplus property. This contention was rejected by the United States District Court in Rhode Island Committee on BnerqV v. General Services Administration, F.Supp. (D.R:I. Aug. 24, 1976), wherein Chief Judge PeE`tine held that GSA did have discretion to dispose of the Naval Auxiliary Landing Field at Charlestown, Rhode island, to private interests despite the fact that Department of the Interior was seeking a transfer of the land for a wildlife refuge under the same statute invoked in this case. 4. Texas's Plans for Matagorda Island The Texas parks and Wildlife gepartm©nt has expressed its interest in Matagorda Island to the Federal. Government at various times over the past several years pursuant to the State Comprehensive Outdoor Recreation Plans of 1965 and 1968. As recently as September, 1975, this Department's State Park System Planning ©ranch prepared a Matagorda Island Conceptual Study which is too voluminous to attach hereto, (and is probably already in the GSA files). A summary of said study, dated April'28, 1976, is appended and submitted herewith. As will appear from this study, the Parks and Wildlife plan envisions multiple -use of the Island on a year round basis with preservation of the endangered whooping cranes receiving the highest priority. Of course, the State is subject to. the Federal laws regarding endangered species, and under the laws of the State of Texas, the Texas Parks &'Wildlife Department has statutory responsibility for the protection of endangered species. Those parts of the island which are beat suited for these birds and other migratory waterfowl, (the marshes and wetlands located on the State-owned portions) would be • utilized as a wildlife refuge. The beaches and other parts of the Island suited to outdoor recreation would be avail- able to the public for camping, swimming, surfing, fishing, picnicking and other beach activities. There is no cause- way to the Island (nor is one contemplated), so public access is by boat or airplane. It is doubtful, therefore, that the number of visitors would be excessive, considering also the large area in question. Recreational utilization of the Island's resources would be enhanced through the pro- vision of facilities for camping, fishing and related beach activities. State administration would emphasize primitive - type facilities in a natural environment. We believe that the comprehensive plan formulated by the Texas Parks & Wildlife Department for the managing of the Island sufficiently accommodates both the denfands of the public for outdoor rec- reation and the competing and different demands for the preservation of wilderness areas, endangered species, and other forms of wildlife...', CONCLUSION Matagorda Island is not owned entirely by the Federal Government as only the upland portions and beaches were con- demned for a.bombi.ng and gunnery range during World War II. Mr.. Joel W. Solomon Page 7 July 8,.1977 This.portion, which constitutes less than one-half of the. Island, is not particularly suitable for waterfowl, such as the whooping crane and other migratory birds. The approxi- mately 17,000 acres of the Island owned by the State of Texas consist almost entirely of marshes and wetlands suit- able for waterfowl. of course, the State is subject to the Federal laws regarding endangered species, and under the laws of the State of Texas, the Texas Parks 6 Wildlife Department has statutory responsibility for the protection of endangered species. This dep& t-ment has indicated strongly its commitment to wildlife conservation, both in respect of waterfowl, as well as other birds and animals on'the Island. So, we feel that regardless of whether the Texas Parks 6 Wildlife Department or a Federal Agency, such as the Fish 6 Wildlife Service, has management of the Island, adequate provision will be made for the protection of migratory water- fowl, upland birds and game. my yours, L4 John L. Hill Attorney General of Texas JLH:mh Enclosures cc: Mr. James K. Winsor General Services Administration 819 Taylor Street Fort Worth, Texas 76102 Hon. James B. Shea, Jr. commissioner, Public Building Service General Services Administration Washington, D.C. 20405 lion. Joe'Wyatt, Jr., State Representative 202 South Texas Savings Building Victoria, Texas 77901 Mr. Clayton Garrison, Executive Director, Texas Parks'S Wildlife Department 4200 Smith School Road Austin,Texas, 78744 . • 812 United States Department of the Interior FISH AND WILDLIFE SERVICE POST OFFICE BOX 1306 ALBUQUERQUE, N.M. 91103 In Reply Refer To: Region 2/RE January 24, 1990 u LA -Texas Aransas NWR Matagorda Unit Mrs. Myrtle Hawes P. 0. Box 375 Seadrift, Texas 77983 Dear Myrtle: Thank you for calling regarding the background on our purchase of the American Liberty Oil Company Ranch on Matagorda Island from The Nature Conservancy. Enclosed for your information is a copy of our status map for Matagorda showing in the legend land status for each tract on the Island added to the Refuge. As explained on the phone, the American Liberty Oil Company Tract was purchased from The Conservancy over a three year period by terms of a lease and purchase contract. Congress appropriated a total of $13,500,000 to cover • costs of this acquisition in Fiscal Year 1987 through 1989. Although our lease and purchase contract with The Nature Conservancy contains financial information which isT��f�ldoxo Act (5 U.S.C. 552 (b c ua deeds co er ng a sa a are a matter 'U 'jibblic record and are available for anyone. to see at the Courthouse in Port Lavaca, Our current lease with The Nature Conservancy expires in August of this year. The Service is exploring the possibilities of q.,�1ltwGni+BiY�1s1�YiMi4 Cpgp1 771 A�ppapi�„lsio The south9.�ppg covering preservation of the old lodge and build ngs on-iTi-e south end o ie Island. Sincerely, Thomas E. Smith ;i. Regional Realty Supervisor Enclosure cci Bill Hawthorne,' Refuges",'' Claude Lard, Victora, Aransas NWR • 813 UI!ITi•.0 STiM-S OF JLERICA, C i.•.t .'.I11 cU CJI.Y CIL JU UG�:..I11'—t— lla l'.iU L'1'i1l l... V.. H.W. 1;'1' 1.1. P1LC ,j..1d9`u 111 Till-, U]'TrIt1CT CCURT OF T11G U111T%U!,TA 1Ss )'Gd '111E DL'll'1'1 s!liI uL'TgJCT UP ' Fk;5 CAm.V1.'STUh DTVl;]:CII • petitioner, v, .CIVIL ACTION 110. 56 ' 05,220 ncill.S Oi JdID, I.IURE OR I- , I- Lis IC CAlho UII COUNTY ThSf.S•, . n1::1 :J,TLGOIt D,, COUNTY, ThXiti S LZ,.LII: Ctiurat, ll.'d. lUia65, ET :.L. u Defendants ' JUI)<11.!71tr OF VE DECILU- TI01! CF TAEIEG This cause corning on to be heard at this torm of court upon the motion of the petitioner, the United Stutus of ]XIerloa, to enter c Ju dgmont on the Declaration of Taking filed in the above entltled cause on the rich day of Ilovembor, 1940, ant for an order fixing the date mhos pospossiun of Ums property herein described is to be surrendered to the United States of .trroriop, and upon considorr.clon thoreufnud of the condemnation petition Mad heraln, said Declaration of Taking, the statutes In such oases cede and provided, and it appearing to the satisfaction or tine court: 1I3S1': That tiro United status cf i.marica is entitled to acquire property by omtnant do- mulr. for the purposes no set cut and prayed in acid petition; S'.:COi:D: That h patition in condemnation won filed at the request of the Secretary of 'der, the uuthcrity empowered by )aw to acquire the lands described in acid potltion, and also under auti.erl ty of the „tLorney Gunaral of the •United States; TiildU: That said petition and Declaration of Telling state the autlmorlty uudur 'xhloh, and the ;ubllo use for which and lands were taken, that the Sooratary of Unr Is time person duly authevized and empowered b :uv1 to acquire lands such as are donoribod in the petition for military purposes, "I'd thrt the ;,ttolney Ueilernl of the United States is the person cuthortzed by iaw to direct the institution of Such ocnd unnation pr0000dings; . _ ICUR'Tli: That a proper description of the land sought to be taker., oufflotsnt fbr iden- tiflontion thereof, is sat out in said Deolnrction of Taking. FIiTtit That sold Declaratlon of 'faking contains a statement of the estate or interest it.. the Said lends taken for said public uanl GENT1!t That a plat showing the lands taken for incorporated in Said Declaration of Taking.' S1.Va:Tli: Tint a stateladnt -is oonteined in said Declarution of Taking of a Hurl of•mosey estIn&ted by scie acquiring authority to be Just euupenentton for said lands, in the amount of 'Wo Hundrod Forty -Six Thcusand, Five hundred k'orty Dollars (1,240,540.00), and that acid mmm was deposited in the registry of thin court, for the use of the persona entitled thereto, upon and at the tlr..o of the filing cf said Deoiaratlon of Taking; EIG]F:ll: Dist a stuteme:t is eortaluad in.sold Declaration of '1'ola nE thet the ei.lnunt of the uitlrecu award of eompenoution, for the taking of said property, In the opinion of said So- orotary of $tar vrili-be within any limits prescribed by CoiCreas sit to tin pr:co to be pidd there- for; it Is therefore, this 8th duy of llovembor, A.D. 1040, LUJUDOED, ORDERED ;,:!D DECREED that tIm title to the following described propert,,, to -colt: The Ir.nd which is Lhe subJeot hatter of thin condemnation eonateta cf sixty-savoe (47) parcels agCroguting :55,220 earns, more or lean, situate, lying and being on ttatagords Isiand and Llutagorda Peninsula, Counties of Llatogerda and Calhoun, State of Texae, and no in More per- ticularly shov;n on a mr,p bordered in red attached to the Dooleratlon of Taking fliod Imnrala, '.d,ieh acid map is by reference made a part hereof tlw sem:e no If spoeifdoally sot out and whioh' treats hro doscribed as follm)a: • Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the following Resolution be approved: n U b / iz WEST SIDE CALHOUN COUNTY NAVIGATION DISTRICT - COMMISSIONERS Motion by Commissioner Hahn, seconded by Commissioner Smith, and carried, that Walter Pilgram, Ray Childress and Bob Allen be appointed Commissioners of West Side Calhoun County Navigation District. GULF BEND CENTER MENTAL HEALTH -MENTAL RETARDATION - BOARD Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that Dodie Griffin be named to the Board of Gulf Bend Center MH-MR. GUADALUPE RIVER OAK SUBDIVISION Commissioner Hahn said he had several complaints about the septic systems in Guadalupe River Oaks Subdivision and the Court asked Jim Velasquez with the Health Department to meet with the Court to try to solve some of the problems. A motion was made by Commissioner Hahn, seconded by Judge Hernandez, and carried, that the Assistant District Attorney be asked to assist Jim Velasquez in obtaining search warrants to make inspections of some of the sewer systems in Guada- lupe River Oaks Subdivision based on citizens complaints. ACCOUNTS ALLOWED --.STATEMENT OF.ANDERSON MACHINERY CO., REPAIR TO COMPACTOR, PRECINCT NO. 4 Motion by Commissioner Mikula, seconded by Commissioner Hahn, and carried, that the bill of Anderson Machinery Company in the amount of $9,783.85 be paid out of Farm to Market and Lateral Road Fund.:. '-' PORT O'CONNOR FISHING PIER - PRECINCT NO. 4 Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the repairs to the fishing pier in Port O'Connor be paid out of R & B Funds. RESOLUTION - TEXAS PARKS & WILDLIFE DEPT., BOAT RAMPS, PRECINCTS 1 & 3 Motion by Commissioner Belk.,seconded by Commissioner Smith, and carried, that the following Resolutions be approved: is LJ • RESOLUTION Resolution Number WHEREAS, the Commissioners' Court of Calhoun County is desirous of 'Providing for the construction of a boat ramp facility on Little Chocolate Bayou at Port Lavaca, Calhoun County, Texas, and; • WHEREAS, the State of Texas, .acting through the Texas Parks and Wildlife Department, under the authority of Chapter 11.033 Parks and Wildlife Code, would provide for such construction, and; WHEREAS, the construction of such a facility would be of benefit to the citizens of Calhoun County as well as transient boaters from the State and other states: NOW, THEREFORE BE IT RESOLVED: That the Calhoun County Commissioners' Court, in meeting this 15th day of June, 1990, will enter into a Construction Agreement with the Texas Parks and Wildlife Department to provide for this construction on a reimbursement basis, with the sponsor providing 25% of appropriations or in -kind services, and the state providing 75% matching funds for work accomplished. AND BE IT FURTHER RESOLVED: Leroy Belk, Commissioner, Precinct A1, is herewith authorized to sign any or all documents pertaining to the construction; AND BE IT FURTHER RESOLVED: That the Commissioners' Court of Calhoun County is willing to lease for a minimum of 25 years the project area proposed for assistance, and upon approval will furnish the necessary lease agreement or land documents to the Texas Parks and Wildlife Department; AND BE IT FURTHER RESOLVED: That the Commissioners' Court of Calhoun County will perform the necessary housekeeping and minor maintenance at said facility, minor maintenance being defined as necessary repair not • necessitating special tools, skilled labor, or large purchase of material. The Commissioners' Court of Calhoun County agrees to pick up trash, mow and otherwise maintain the said facility in a clean, neat, and sanitary condition and to keep the area under surveillance to eliminate the possible creations of a nuisance or hazard to the public or adjacent property owners. It is also understood that such a facility will be open at all reasonable times to the public, and that at no time will fees be charged for use of any supported facilities. C� Alex R. Her,a ez,AUlkouA County Judge, Calhoun ounty / ,- Date Leroy Belk, ou ty Commisaio r, Precinct O1 Date Stan ey M1 u a, ounty Commissioner, Precinct ill Date Roy sncnh, County Commissioner, Precinct A3 1 Date • -aH1/t psi✓ (o - % - r%t7 Oscar Hahn, County Commissioner, Precinct li4 Date wnj, " I 1- is - Attest 1V: Mary Lois McMahon Date County Clerk 817 RESOLUTION Resolution Number WHEREAS, the Commissioners' Court of Calhoun County is desirous of providing for the construction of a boat ramp facility on Carancahua Bay at Port Alto, Calhoun County, Texas, and; WHEREAS, The State of Texas, acting through the Texas Parks and Wildlife Department, under the authority of Chapter 11.033 Parka and Wildlife Code, would provide for such construction, and; WHEREAS, the construction of such a facility would be of benefit to the citizens of Calhoun County as well as transient boaters from the State' and other states; NOW, THEREFORE, BE IT RESOLVED: That the Commissioners' Court of Calhoun County, in meeting this 15th day of June, 1990, will enter into a Construction Agreement with the Texas Parks and Wildlife Department to provide for this construction on a reimbursement basis, with the sponsor providing 25% of appropriations or in -kind services; and the State providing 75% matching funds for work accomplished. AND BE IT FURTHER RESOLVED: Roy Smith, Commissioner, Precinct 93 is herewith authorized to sign any or all documents pertaining to the construction: AND BE IT FURTHER RESOLVED: That the Commissioners' Court of Calhoun County is willing to lease for a minimum of 25 years the project area proposed for assistance, and upon approval will furnish the necessary lease agreement or land documents to the Texas Parks and Wildlife Department; AND BE IT FURTHER RESOLVED: That the Commissioners' Court of Calhoun County will perform the necessary housekeeping and minor maintenance at said facility, minor maintenance being defined as necessary repair not necessitating special tools, skilled labor, or large purchase of material. The Commissioners' Court of Calhoun County agrees to pick up trash, mow and otherwise maintain the said facility in a clean, neat, and sanitary condition and to keep the area under surveillance to eliminate the possible creations of a nuisance or hazard to the public or adjacent property owners. It is also understood that such a facility will be open at all reasonable times to the public, and th no time will fees be charged for use of any suppUZtad fec ilites. O,4A / \ I - /s- 9n , County Judge, Calhou y Date Leroy Belk,ICounty Commission 6•-areeiuee-ws� Date l� -90 Date (� -/5- Date l�5_ Date 1s- go — Date C J • • CONTRACTS AND AGREEMENTS - CITY OF SEADRIFT, WEST SIDE CALHOUN COUNTY NAVIGATION DISTRICT AND CALHOUN COUNTY - 6" WATER LINE Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that Calhoun County enter into an intergovernmental contract with City of Seadrift and West Side Calhoun County Navigation District subject to approval by the County Judge • of said contract. WATER SUPPLY CONTRACT This WATER SUPPLY CONTRACT by and between the CITY OF SEADRIFT, TEXAS (the "City'), the COUNTY OF CALHOUN, TEXAS (the "County"), and the WEST SIDE CALHOUN COUNTY NAVIGATION DISTRICT (the "District"), WITNESSETH: WHEREAS, the City is the owner and operator of a municipal water supply system providing treated potable water to consumers in the City of Seadrift, Texas (the "City Water System"), which system has the capacity of providing a consistent supply of • treated potable water to the facilities hereinafter referred to owned and operated by the County and by the District both located outside of the municipal limits of the City of Seadrift, Texas, and not presently served by the City Water System; and WHEREAS, the County owns and operates a maintenance barn (the "County Facilities") located on a county roadway adjacent to the Seadrift Harbor, and the District is the owner and operator of a small boat harbor known as the Seadrift Harbor (the "District Facilities") located adjacent to the County Facilities, and the County and the District desire to obtain a consistent supply of treated potable water from the City Water System for use and consumption at the County Facilities and the District Facilities; and WHEREAS, in order to facilitate such supply of water by the City to the County and District, it will be necessary to construct a new pipeline system extending from the • City Water System to the County Facilities .and the District Facilities (the "Additional Supply System") and to install meters on the Additional Supply System to measure the water from the City Water System used by the County and the District; and m� WHEREAS, the parties hereto desire to contract with regard to their relative rights and obligations in connection with the construction, ownership, maintenance and use of the Additional Supply System. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree, each with the other, as follows: 1. The County shall furnish the right-of-way and acquire and install new six inch (6") plastic pipe, in accordance with specifications approved by the City, extending from a tap in the City Water System, at a location mutually acceptable to the City and County, to the property limits of the County facilities and the District Facilities. A six inch (6") water meter shall be installed in the Additional Supply System at the outflow side of the tap where the Additional Supply System connects to the City Water System for the purpose of measuring the water flowing from the City Water System into and through the Additional Supply System. A one inch (1") water meter (or two inch (2") water meter if desired by the County) shall be installed in the Additional Supply System at the point where the Additional Supply System enters the property limits of the County Facilities to measure the water consumed at the County Facilities. The County and the District shall each be responsible for the extension of the water pipeline from the property limits of their respective property to the desired terminus points on their respective property. Fire ports may be installed at two locations on the Additional Supply System as designated by the County and the District. After completion of the construction of the Additional Supply System, the Additional Supply System, including 2 • • E • the water meters and fire ports, shall be the property of the County and shall thereafter be maintained and repaired by the County. However, the District shall reimburse the County for one-half of the actual costs incurred by the County in the maintenance and repair of the Additional Supply System. 2. The County shall pay all costs incurred in connection with the initial construction of the Additional Supply System including the installation of the pipe, meters and fire ports. Within thirty (30) days after completion and the acceptance of the Additional Supply System by the City, the District shall reimburse the County two-thirds (2/3rds) of the cost of the pipe and six inch (6") meter, and the cost of the fire port for the District's Facilities incorporated into the construction of the Additional Supply System. The City agrees to furnish without charge, a one inch (1") water meter (or two inch (2") water meter if desired by the County and. in the current meter inventory • availableof the City) to be located at the County Facilities.. 3. The City agrees to furnish potable water from the City Water System to the County and the District Facilities through and utilizing the Additional Supply System. The water furnished by the City to the County and the District through the City Water System and the Additional Supply System shall be of the same quality as the water supplied to the .residents of the City. In case of a shortage of water deemed by the City Council of the City, the City must maintain water service to both the County and the District at the same proportion of service as the City is providing to its other customers. 3 • 821 4. The County and District shall each be responsible for the payment to the City of their respective use and consumption of water on their facilities through the Additional Supply System at the City's lowest established rate from time to time to consumers of water from the City Water System. The County agrees to allow the City to deliver such water through the Additional Supply System to the District and County facilities as may be necessary and with no charges assessed by the County for any delivery through the Additional Supply System except as set out herein. The District agrees, however, that it will not provide water from the City Water System to any commercial fish house located at the Seadrift Harbor which is not in existence at the time of this contract without first obtaining the written consent of the City to the use of its water for such purpose. 5. Each of the parties to this contract represents and warrants that all required action has been taken by its governing body to cause this contract to be binding and enforceable upon it in accordance with the terms and provisions hereof. Attest: EXECUTED in triplicate originals on this the a I sf. day of June, 1990. City Secretary 4 CITY OF SEADRIFT ��►���Is".9. _ 1 CA E • 822 • • Secretary 5 COUNTY OF CALHOUN, TEXAS By 1 /r9COC�„%l�i Name Commissioner, Precinct #4 WEST SIDE CALHOUN COUNTY NAVIGATION DISTRICT BY�Glr� / r,�sLo ct�s Walter Pilgram, ., Chairman COUNTY DEPOSITORY - REQUEST OF SUBSTITUTION OR WITHDRAWAL OF SECURITIES Motion by Commissioner Belk, seconded by Commissioner Mikula, and carried, that the following request be approved: 823 I:fx1Ul:5'l' 1'UIt .;IIn4; 1-1 T1ITI014 AIID/Olt I I'111 DI(A IM I. 01 SI:CUII!-1-!1iS I11':11 I;Y Texas Commerce Bank, Texas IIN UIi I: J 0 1 ;11' SAFEKLIiVINC HL•'CLlliT. -- the on J D•j)ositor and Depository Jointly request Lhe _ Texas Commerce Bank, __ _ Houston; Texas 'to substitute or penni,t a withdrawal of the' sccuriaies which it IF, under aulnt Safekeeping Recr.lpt.issued by it Co the undersigned, int'accordonce with the torats of`thc resolution herepfter quoted,, and to deliver the securi'tics.tsubstituted fur or with,il`awii to the party named in such resolution, f , COP S tT, C F CALIIOU.' epusitor RY _ (Count Judge) FIRST STATE HANK AND TRUST COMPA, Ot" VAG1 BY '�, �- n �,,4 Depository Sr. Vice Pres. & Compt. RESOLUTION "Whereas, heretofore, under date of Hn19 the Texas Commerce Bank of Depository, its Joinuetoni Texas _ Joined to Calhoun County, Depositor, -and First State Hank and Trust* Cumpany, : Safekeeping t Receipt or receipts covering certain securities; and "Whereas, both the Depositor and Depository now desire the Texas Commerce Bank of Houston, Texas to permit a substitution of certain securities, or a withdrawal of securities, which it now holds, as hereinafter more fully set forth; and "Whereas, the securities, if any, hereinafter mentioned, which the above named parties desire to subse n safekeeping with tuck ill Commerce lieu of those heretofore placed ithe Bank of Houston Texas meet with the requirements of law and have been tile are hereby approved; and "4fln•reas, the securities, if any, hereinafter mentioned, which the above named parties �:, e:h t:o withJraw, are entitled under the law to be withdrawn; "Now therefore, be it resolved; That the Texas Cotmnerce Bank of Houston Texas • he and it is hereby requested and authorize- to surrender the following securites hereto- fore placed with it for saf„keeping by Lice above named parties, to-iit• $1,000,000 Federal National Mortgage Assn. 10% Debentures, due 9-10-90 50OA000 Federal Home Loan Bank 10.30% Bonds, due 9-25-90 500,000 Federal National Mortgage Assn. 10.90% Debentures, due 11-12-90 11000,000 Federal National Mortgape Assn. 6.90% Debentures, due 2-11-91 li6o 000 Various Municipal Bonds as described on reverse side hereof. $3, it,� p - Total (Ilere describe securities to substituted for or withdrawn. If the above space is not sufficient, continue description on reverse side hereof.) and to receive in lieu thereof the following securities, which are hereby in all respects approved: $1,000,000 Federal Home Loan Banks Cons. 10.85% Bonds, due 10-26-92 1,000,000 Federal Home Loan Banks Cons. 11.70% Bonds, due 7-26-93 1,000,000 Federal Farm Credit Banks Funding Corp. 8.96% Bonds, due 1-18-91r $3,000,000 - Total (flora drscribp. _..___. __ � _....__.-- _-____ _. __ .__ __.._ . .'curitics to be taken in substitution or in the event " thuut substituLlo:l write in the word "None", drawal if the above space is -. this is a not suffl.cwwithith continue descriptio❑ on .reverse side hereof,) "1+e it further resolved; 'that the _ Texas Commerce Bank - Houston, Texas • .u: is hereby authorized to delibe foror or wifhdra,.nt ver the securities described herein to be substituted fur First State Hank and Trust Company or its order," 'Ild-; is to certify that the above and foregoing resolution was d y passed by Couunis- cloners b�i Court at a ,aoeCing properly held un the 1typ quotwn beinr ,-r,.• , day of +I,t,1c• .1 al. of which fully appears it�Lb,� minutes r,� L� id meeting. Cuunm�i��n�� C Clerk, Calhoun Cuun Cy, '!'o:cas i 824 VARIOUS MUNICIPAL BONDS is • E $ 75,000 City of Stafford, Texas 8.25% G.O. Bonds, due 9-1-90 100,000 Corpus Christi, Texas Ind. School Dist. 8.00% Bonds, due 9-1-90 100;000 Loner Colorado River Authority, Texas 7.00% Rev. Bonds, due 1-1-91 55,000 Medina Valley, Texas Ind. School Dist. 7.50% Bonds, due 2-1-91 100,000 Pasadena, Texas Ind. School Dist. B.30% Bonds, due 2-15-91 30 000 Anderson Shiro Cons. Ind. School Dist., Texas 9.50% Bonds, due 2-15-91 0611000 - Total BUDGET AMENDMENT - BUILDING MAINTENANCE Motion by Judge Hernandez, seconded by Commissioner Smith, and carried, that the following budget amendment be approved: BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: � ment making this request) Date: 6 1,1 - q c� I request an amendment to the _L�1v budget for the (year) following -line items in my department: Amendment GL Account_# Account Name Amount o 0 Net change in total budget for this department is: Other remarks/justification: Reason �' i(S Ll� $ JUN 1 51990 I understand that my budget cannot be amended as requestedunt Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): (fQ 825 CLOSED SESSION - DISCUSS PURCHASE OF REAL ESTATE The Court being in open session in compliance with the pertinent provisions of Sec. 3A of Art. 6252-17 of Texas Civil Statutes the County Judge as presiding officer publicly announced that a closed session would now be held _under .the .provisions _of _Sec.. 2f of said Art. 6252-17 for the purpose of discussing the purchase of real estate. • The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said closed session, this meeting will be reopened to the public. The Court then went into closed session. At the end of the closed session the meeting was reopened to the public but no final action, decision or vote with regard to any matter considered in the closed meeting was taken. BIDS AND PROPOSALS - WOOD CHIPPER, SANITARY LANDFILL Motion by Commissioner Belk, seconded by Commissioner Smith, and carried, that the County Auditor be authorized to advertise for bids for a wood chipper for the sanitary landfill with bid open- ing date set for July 31st. • LIBRARY - Motion by Commissioner Mikula, seconded by Commissioner Smith, and carried, that the electric utilities be placed underground to the new library and the contractor be requested to submit an itemized unit price of this change. (Judge Hernandez voted "No") JUVENILE PROBATION DEPARTMENT Motion by Judge Hernandez, seconded by Commissioner Mikula, and carried, that a new typewriter be purchased for the Juvenile Probation Department to be paid out of the Contingency Fund. RISK MANAGEMENT CONSULTING SERVICES - RISK MANAGEMENT GROUP • Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that Risk Management Group be employed as risk management consultants at a maximum cost of $5,990.00. ACCOUNTS ALLOWED - COUNTY Claims totalling $235,605.55 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Belk, and carried, that said claims be approved for payment. • ACCOUNTS ALLOWED - HOSPITAL Claims totalling $16,351.19 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Smith, and carried, that said claims be approved for payment. A motion was made by Commissioner Belk, seconded by Commissioner Mikula, and"carried, that the statement of VWR Scientific, Inc. in the amount of $782.87 and the statement of Cole-Parmer Instru- ment Co. in the amount of $152.29 be approved. THE COURT ADJOURNED. SPECIAL JUNE TERM THE STATE OF TEXAS COUNTY OF CALHOUN HELD JUNE 19, 1990 BE IT REMEMBERED, that on this the 19th day of June, A. D. 1990 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 7:00 P. M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, towit: Alex R. Hernandez Leroy Belk Stanley Mikula Roy Smith 0`scar F. Hahn Opal M. Hayes County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 Deputy County Clerk whereupon the following proceedings were had: HOSPITAL - COMBINATION TAX & HOSPITAL REVENUE CERTIFICATES OF • OBLIGATION - PUBLIC HEARING A public hearing was held concerning the issuance of Combination Tax and Hospital Revenue Certificates of Obligation in the amount of $7,500,000.00. There were approximately 30 citizens present. W. H. Bauer, Sr. spoke,for the Calhoun County Taxpayers League in support of the project and emphasized that it should be no more than $7,500000.00. Mr. Bauer thanked the Court, Hospital Board and Medical Community for the hard work they have given to the project. r Judge Hernandez stated it was the feeling of the Court to avoid change orders on the project. Dr. John Griffin spoke for the Medical Staff of Memorial Medical Center in support of the project and commended the Court, Medical Staff and citizens in unifying our community. No action was taken by the Court. A decision will be made at the Court's meeting on June 25, 1990.----- - ------ THE COURT ADJOURNED. SPECIAL JUNE TERM HELD JUNE 20, 1990 THE STATE OF TEXAS X X COUNTY OF CALHOUN --- BE_IT- .REMEMBERED.. -that on .this the -20th -day- -of -June,- A.- D: -1990 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M., a Special Term of the Commissioners Court, -within said County and State,--and-there were present on this date the following members of the Court, • towit : Alex R. Hernandez County Judge Leroy Belk Commissioner, Prct. 1 Stanley Mikula Commissioner, Prct. 2 Roy Smith Commissioner, Prct. 3 Oscar F. Hahn (Absent) Commissioner, Prct. 4 Opal M. Hayes Deputy County Clerk whereupon the following proceedings were had: LIBRARY-- COMBINATION TAX AND LIBRARY REVENUE CERTIFICATES OF OBLIGATION - PUBLIC HEARING A public hearing was held on the issuance of Combination Tax and Library Revenue Certificates of Obligation. - No public citizens were present. No action was taken by the Court.at this time but will be taken on MondaY., June-25th. • THE COURT ADJOURNED. SPECIAL JUNE TERM THE STATE OF TEXAS X X COUNTY OF CALHOUN X HELD', JUNE 25, -1990 BE IT REMEMBERED, that on this the 25th day of June, A. D. 1990 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A. M. a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, towit: Alex R. Hernandez Leroy Belk Stanley Mikula • Roy Smith Oscar F. Hahn Opal M. Hayes County Judge Commissioner, Prct. 1 Commissioner, Prct. 2 Commissioner, Prct. 3 Commissioner, Prct. 4 Deputy County Clerk whereupon the following proceedings were had: BIDS AND PROPOSALS - FUEL The following bids were received for fuel and after reviewing said bids and motion was made by Commissioner Smith, seconded by Commissioner --Hahn, and carried, —that —the bid of-Diebel-Oil Co, be accepted for fuel for the month of July. FUEL BID PROPOSAL RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED POSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED THE SPECIFICATIONS. UNLEADED GASOLINE PREMIUM UNLEADED GASOLINE DIESEL FUEL $ .671 PER GALLON $ •771 PER GALLON $ .512 PER GALLON THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING JULY 1, 1990 AND ENDING JULY 31, 1990, NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: ADDRESS •Y, STATE, ZIP AUTHORIZED SIGNATURE: TITLE DATE DIEBEL OIL COMPANY, INC. P. 0. Box 71 Port Lavaca, TX 77979 President June 25. 1 • 1 r • FUEL BID PROPOSAL J IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS- FOR- FUEL WE THE' UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING -rUELS TO THE -LOCATIONS INDICATED IN THE SPECIFICATIONS. UNLEADED GASOLINE $ •G % PER GALLON PREMIUM UNLEADED GASOLINE $ .75 PER GALLON DIESEL FUEL $ .S2 PER GALLON THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING JULY 1, 1990 • AND ENDING JULY 31, 1990. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: ADDRESS / z J2a vt)CR //? CITY, STATE, ZIP GANAt7o �_ICXAS %'7 fG.L AUTHORIZED SIGNATURE: �jY7 TITLE DATE 2's =£u 041 • FUEL BID PROPOSAL IN ,RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. UNLEADED GASOLINE PREMIUM UNLEADED GASOLINE DIESEL FUEL $ L' PER GALLON $ • PER GALLON $��PER GALLON THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING JULY 1, 1990 AND ENDING JULY 31, 1990. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. 04ME OF BIDDER: ADDRESS CITY, STATE, ZIP AUTHORIZED SIGNATURE TITLE DATE • 7 831 UTILITY PERMITS - GENERAL TELEPHONE COMPANY. PRECINCT 4 Motion by Commissioner Hahn, seconded by Commissioner Belk, and carried, that the following be approved: MC 600647 ED-175 (REV.1.88) • ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION DATE June 8, 1990 TO THE COMMISSIONER'S COURT OF _ CALHOUN COUNTY ATTENTION COUNTY JUDGE: Alex R. Hernandez • Calhoun County Courthouse Port Lavaca Texas 77979 Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in CALHOUN County, Seadrift Texas as follows: GTE proposes to place buried cable along the east right-of-way of Lane Rd. beginning at the intersection of.Lane Rd. and Hwy 185. From this intersection, buried cable will continue south along the east right-of-way of Lane Rd. for a distance of 35611. Existing cable will be used for the next 13,5431 at which point new cable will again begin and extend to Fulgrum's Landing. All cables will be placed at a minimum depth of 30". See Attached Sketch. The location and description of this line and associated appurtenances is more fully shown by three ( 3 ) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after July 15 1990 • GTE SOUTHW T CORP RAT/EDP By �- 0 Z-'- ' -- DAVID J. CUSTER SENIOR ENGINEER - OSP Address P. O. BOX 1112 ROBSTOWN TEXAS 78380 512/387-6037 832 • TO: GTE SOUTHWEST INCORPORATED ATTENTION: DAVID J. CUSTER CONCURRED SENIOR ENGINEER - OSP P. O. BOX 1112 ROBSTOWN, TEXAS 78380 The Commissioner's Court of CALHOUN County offers no objections to the location on the right-of-way of your proposed buried communications line as shown by accompanying drawings and notice dated 06-08-90 except • as noted below. It is further intended that the Commissioner's Court may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) • days written notice. The installation shall not damage any part of the County Road and adjacent property owners. Please notify Oscar Hahn telephone 512/785-3141 Commissioner of Precinct No. 4 , forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. Commissioner's Court of Calhoun County, Texas, acting herein by and through the County Judge and all the Commissioners pursuant to resolution passed on the 25th - day of June , 19 90 , and duly recorded in the Minute Book of the Commissioner's Court of Calhoun County, Texas. 8313 rh s� F Q Z i n y '� 13543To NETT UOkK LOCATON LANE RC. GTE ppoposcs ro PLALE ova„ o CA6LE ALDhLG THE EAST W 2oLi or- LAIat Lo. AT _0 T'wn LOCAT I0 KJS. F n- -- r LAKIE QD 3il' 1 1' nACT GENERAL TELERIONE COMPANY M ... m,._ 404C1 .� .�.,a. SEI, .7AR 2I -, rEYA ^!I NIT-,(- �T- VOTIFIr o+.....OwV o.r� 4-3 D-QD GALHD(�n! /^u tifTY a, E'f yt--t--s�- A64wnom cA. I nl PLALC PAoVcsEO cr. Exisnti6 Ll,- 0 0 0 AUDIT - BUMGARDNER, MORRISON & COMPANY Jerome R. Kotzer, with Bumgardner, Morrison & Company reviewed the outside audit for 1989, whereupon a motion was made by Commissioner Smith, seconded by Commissioner Belk, and carried, that said audit be approved. BUMOARDNER, MORRISON & COMPANY CERTIFIED PUBLIC ACCOUNTANTS 1501 E. MOCKINGBIRD. SUITE 300 P. O. BOX 3750 VICTORIA. TEXAS 77903 April 20, 1990 Honorable Members of the Commissioners' Court Calhoun County, Texas In connection with our audit of the 1989 general purpose financial statements of the County of Calhoun, Texas, and with our study and evaluation of the County of Calhoun, Texas internal control systems used to administer federal financial assistance programs, as required by Office of Management and Budget Circular A-128, "Audits of state and Local Governments," we selected certain transactions applicable to certain nonmajor federal financial assistance programs for the year • ended December 31, 1989. As required by OMB Circular A-128, we have performed auditing procedures to test compliance with the requirements governing types of services allowed or unallowed; eligibility; political activity; civil rights; cash management; and federal financial reports that are .applicable to those transactions. Our procedures were substantially less in scope than an audit, the objective of which is the expression of an opinion on the County of Calhoun, Texas compliance with these requirements. Accordingly, we do not express such an opinion. With respect to the items tested, the results of those procedures disclosed no material instances of noncompliance with the requirements listed in the preceding paragraph.' With respect to items not tested, nothing came to our attention that caused us to believe that the County of Calhoun, Texas had not complied, in all 'material respects, with those requirements. This report is intended for the information of the Commissioners' Court, management, and the cognizant Federal Agency. This restriction is not intended to limit the distribution of this report, which is a matter of public record. a 147 a„,, W64,,ew d 6117 S-15 BUMOARDNER, MORRISON & COMPANY CERTIFIED PUBLIC ACCOUNTANTS 1501 E. MOCKINGBIRD. SUITE 300 P. O. BOX 3750 VICTORIA. TEXAS 77903 Honorable Members of the Commissioners' Court Calhoun County, Texas Independent Auditors' Report April 20, 1990 • We have audited the general purpose financial statements of the County of Calhoun, • Texas for the year ended December 31, 1989, and -have issued our report thereon dated April 20, 1990. These general purpose financial statements are the responsibility of the County of Calhoun, Texas management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance With generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that We plan and perform the audit to obtain reasonable assurance about Whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as Well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Our audit Was made for the purpose of forming an opinion on the general purpose financial statements of the County of Calhoun, Texas taken as a Whole. The accompanying schedule of federal financial assistance is presented for purposes of additional analysis and is not a required part of the general purpose financial statements. The information in that schedule has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statAhlents taken as a Whole. • 1 0UN LOUNIV Schedule of Federal Financial Assistance For the year Ended December 31, 1989 FEDERAL GRANTOR/PASS-THROUGH GRANTOR/PROGRAM TITLE United States Department of Health and Human Services Passed through Texas Department of Health Maternal and Child Health Services Block Grant Maternal and Child Health Services Block Grant Community and Rural Health Total Department of Health and Human Services FEDERAL PASS -THROUGH PROGRAM CFDA GRANTOR'S OR AWARD NUMBER NUMBER AMOUNT 13.994 C9000512 $ 14.275.00 13.994 C0000512 14.275.00 N/A C0000512 2,876.00 Federal Emergency Management Agency Passed through Texas Department of Public Safety Division of Emergency Management Emergency Management Assistance 83.503 CCA-89 Emergency Management Assistance 83.503 CCA-90 Total Federal Emergency Management Agency United Staler. Department of AUtlCulture .Passed through the Texas Department of Human Services Temporary Emergency Food Assistance Program 10.568 N/A Temporary Emergency Food Assistance Program 10.568 N/A Total Department of Agriculture United States Department of Housing and Urban Development Passed through the Texas Department of Commerce Community and Economic Development Program 14.219 707017 Planning and Capacity Building Program 14.228 705744 Total Department of Housing and Urban Development United States Department of Education Passed through the Texas State Library and Archives Commission Library Services and Construction Act 84.154 378.8 Total Department of Education 19,525.00 19.623.00 N/A N/A (DEFERRED) REVENUE AT 01/01/89 RECEIPTS $ 2,415.00 $ 9.118.81 2,146.00 2,415.00 11,264.61 4.881.25 20,894.87 4,881.2520,894.87 5,363.00 5.363.00 - 0,352.94 5,363.00 13,715.94 400.000.00 1.715.50 72,758.14 33.000.00 1,715.50 72.7S8.14 200.000.00 5,700.00- 5,700.00 • ACCRUED OR (DEFERREUI REVENUE AT DISBURSEMENTS 12/31/89 S 6.703.131 $ - 2,346.15 7.346.15 4,292.0 2,146.00 13,341.96 4,492.15 16.013.62 - 4,943.42 4,933.4 20,957 �04 4,943.42 8,352.94 8.352.94 260.157.56 189.114.92 30,000.00 30,000.00 290.157.56 219.114.92 28,500.00 34 200.00 28,500.00 34,200.00 United States Department of Justice Passed through the Criminal Justice Program of Texas Victim Assistance Program 16.575 JF-88-A02-2538 7,248 (771.73) 2,443.66 3,215.39 Total Department of Justice (777.73) 2,443.66 3,215.39 Other Federal Assistance Payments in lieu of taxes Game Refuge N/A N/A N/A - 31,016.22 31,016.22 - Housing Authority N/A N/A N/A 773.51 773.51 Total Other Federal Assistance 31,789.73 31, 789.73 Total Federal Financial Assitance - All Programs $ 19.303.02 $ 152.867.15 $ 396.314.62 $ 262,750.49 • This amount was paid in December, 1968 for architect fees and the grant was received in December, 1989. This is an allowable axoenditure under the grant and is reported as such at the beginning Of the year. • BUMGARDNER, MORRISON & COMPANY CERTIFIED PUBLIC ACCOUNTANTS 1SOl E. MOCKINGBIRD. SUITE 300 P. O. BOX 3750 VICTORIA, TEXAS 77903 April 2d, 1990 Honorable Members of the Commissioners' Court Calhoun County, Texas We have audited the general purpose financial statements of the County of Calhoun, Texas, as of and for the year ended December 31, 1989, and have issued our report thereon dated April 20, 1990. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable • assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to the County of Calhoun, Texas is the responsibility of the County's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the County's compliance with certain provisions of laws, regulations, contracts, and grants. However, our objective was not to provide an opinion on overall compliance with such provisions. The results of our tests indicate that, with respect to the items tested, the County of Calhoun, Texas complied, in all material respects, with the provisions referred to in the preceding paragraph. With respect to items not tested, nothing came to our attention that caused us to believe that the County had not complied, in all material respects, With those provisions. This report is intended for the information of the Commissioners' Court, management, and the cognizant Federal Agency. This restriction is not intended to limit the distribution of this report, which is a matter of public record. as BUMOARDNER, MORRISON & COMPANY • CERTIFIED PUBLIC ACCOUNTANTS 1501 E. MOCKINGBIRD. SUITE 300 P. O. Box 3750 VICTORIA. TEXAS 77903 April 20, 1990 Honorable Members of the Commissioners' Court Calhoun County, Texas We have audited the general purpose financial statements of the County of Calhoun, Texas, as of and for the year ended December 31, 1989, and have issued our report thereon dated April 20, 1990. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. In planning and performing our audit of the general purpose financial statements of • the County of Calhoun, Texas, for the year ended December 31, 1989, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control structure. The management of the County of Calhoun, Texas is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. 0 Honorable Members of the Commissioners' Court • Calhoun County, Texas April 20, 1990 Page 2 For the purpose of this report, we have classified the significant internal control structure policies and procedures into the following categories: Budget Cash Petty Cash Investments Revenue and Receivables - Governmental Funds Service Revenue and Receivables - Proprietary Fund Types Expenditures for Goods and Services and Accounts Payable Payroll and Related Liabilities Inventories Property, Equipment; and Capital Expenditures Debt and Debt Service Expenditures Single Audit and Similar Grant Programs Solely to assist us in planning and performing our audit, we made a study and evaluation of the incernal control structure of the County of Calhoun, Texas. That study and evaluation was limited to a preliminary review of the structure to obtain an understanding of the control environment and the flow of transactions through the accounting system. Because the audit effort required to complete the study and evaluation would exceed the reduction in effort that could be achieved by reliance upon the structure, our study and evaluation did not extend beyond this preliminary review phase. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a reportable condition in which the design or operation of one or more of the specific internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. However, we noted certain matters involving the internal control structure and its operation that we have reported to the management of the County of Calhoun, Texas. This report is intended for the information of the Commissioners' Court, management, and the cognizant Federal Agency. This restriction is not intended to limit the distribution of this report, which is a matter of public record. C 1 BUMOARDNER, MORRISON & COMPANY • CERTIFIED PUBLIC ACCOUNTANTS 1501 E. MOCKINGBIRD. SUITE 300 P. O. Box 3750 VICTORIA TEXAS 77903 April 20, 1990 Honorable Members of the Commissioners' Court Calhoun County, Texas We have audited the general. purpose financial statements of the County of Calhoun, Texas, for the year ended December 31, 1989, and have issued our report thereon dated April 20, 1990. As part of our audit, we made a study and evaluation of the internal control systems, including applicable internal administrative controls, used in administering federal financial assistance programs to the extent we considered necessary to evaluate the systems as required by generally accepted auditing standards, Government Auditing Standards, issued by the Comptroller General of the United States, the Single Audit Act of 1984, and the provisions of Office of Management and Budget Circular A-128, "Audits of State and Local Governments." For the purpose of this report, we have classified the significant internal accounting and administrative controls used in administering federal financial assistance programs in the following categories: • Accounting Controls Budget Cash Petty Cash Investments Revenue and Receivables — Governmental Funds Service Revenue and Receivables - Proprietary Fund Types Expenditures for Goods and Services and Accounts Payable Payroll and Related Liabilities Inventories Property, Equipment, and Capital Expenditures Debt and Debt Service Expenditures Single Audit and Similar Crant Programs Controls Used in Administering Federal Programs General Requirements Political Activity Davis -Bacon Act Civil rights Cash management Federal financial reports Specific Requirements Types of services Reporting Cost allocation • Special requirements 841 Honorable Members of the Commissioners' Court Calhoun County, Texas April 20, 1990 Page 2 The management of the County of Calhoun, Texas is responsible for establishing and maintaining internal control systems used in administering federal financial assistance programs. In fulfilling that responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objectives of internal control systems used in administering federal financial assistance programs are to provide management with reasonable, but not absolute, assurance that, with respect to federal financial assistance programs, resource use is consistent with laws, regulations, and policies; resources are safeguarded against waste, loss, and misuse; and reliable data are obtained, maintained, and fairly disclosed in reports. Because of inherent limitations in any system of internal accounting and administrative controls used in administering federal financial assistance programs, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the systems to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the degree of compliance with the procedures may deteriorate. • Our study included all of the applicable control categories listed above. During the • year ended December 31, 1989, the County of Calhoun, Texas, had no major federal financial assistance programs and expended 65.3 percent of its total federal financial assistance under the following nonmajor federal financial assistance program: Community and Economic Development Program With respect to internal control systems used in administering nonmajor federal financial assistance programs, our study and evaluation included considering the types of errors and irregularities that could occur, determining the internal control procedures that should prevent or detect such errors and irregularities, determining whether the necessary procedures are prescribed and are being followed satisfactorily, and evaluating any weaknesses. With respect to the internal control systems used solely in administering the nonmajor federal financial assistance programs of the County of Calhoun, Texas, our study and evaluation was limited to a preliminary review of the systems to obtain an understanding of the control environment and the flow of transactions through the accounting system. Our study and evaluation of the internal control systems used solely in administering the nonmajor federal financial assistance programs of the County of Calhoun, Texas, did not extend beyond this preliminary review phase. Our study and evaluation was more limited than would be necessary to express an opinion on the internal control systems used in administering the federal financial assistance programs of the County of Calhoun, Texas. Accordingly, we do not express an opinion on the internal control systems used in administering the federal financial assistance - programs of the County of Calhoun, Texas. Also, our audit, made in accordance with the standards mentioned above, would not • necessarily disclose material weaknesses in the internal control systems for which our study and evaluation was limited to a preliminary review of the systems, as discussed in the fifth paragraph of this report. 842 honorable Members of Calhoun County, Texas April 20, 1990 Page 3 • the Commissioners' Court However, our study and evaluation and our audit disclosed no condition that we believe to be a material weakness in relation to a federal financial assistance program of the County of Calhoun, Texas. This report is intended solely for the use of the Commissioners' Court, management and the cognizant Federal Agency and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the Commissioners' Court, is a.matter of public record. f 6?r7 • • 843 G CAL HOUN COUNTY, TEXAS Annual Financial Report Presentation to the Commissioners Court June 25, 1990 11 Presented by SLMOARDNER, MORRISON i COMPANY • Certified Public Accountants Jerore Ii. Kotzur, Partner s t CAL HOUN COUNTY, TEXAS • Annual Financial Report Presentation to the Commissioners Court June 25, 1990 I. Introductory Section A. Directory of Officials and Department Heads B. Calhoun County Organization Chart C. County Auditor's Letter of Transmittal II. Financial Section A. Report of the Independent Auditors (page 19) 1. We have audited the December 31, 1989 general purpose financial statements 2. The financial statements are the responsibility of management 3. Our responsibility is to express an opinion on the general purpose financial statements based on our audit. 4. Our audit was conducted in accordance with generally accepted auditing standards • 5. Acknowledges auditor's responsibility to provide reasonable -not absolute - assurance that the financial statements are free of material errors and irregularities. 6. Brief description of audit introduces several concepts inherent in an audit. An audit includes - a. examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. b. assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. 7. Addresses sufficiency of auditor's work. We believe our audit provides a reasonable basis for our opinion, which states that the general purpose financial statements, present fairly, in all material respects, the financial positiory as of December 31, 1989, and the results of its operations and changes in its fund balance for the year than ended. S. Supplemental Schedules a. have been audited b. are fairly stated c. are not a required statement under SAAS • Annual Financial Report Presentation.to the Commissioners Court June 25, 1990 • Page 2 B. Combined Balance Sheet (pages 20-21) 1. Assets a. available cash has decreased by approximately $1,063,000 (Exhibit A) b. restricted cash has increased approximately $694,000 (Exhibit B) c. taxes receivable has decreased about $983,000; basically a tiring difference in the payment of taxes d. due from other governments has increased $246,523, due primarily to funds that are due on the new library 2. Liabilities a. accounts payable have increased by approximately $141,500, due primarily to the capital projects fund (construction of the library) b. deferred revenue decreased by approximately $360,000 3. Fund Equity a. investment in general fixed assets (Exhibit C) b. retained earnings in the proprietary fund types (Exhibit D) c. fund balance (Exhibit E) • C. Combined Statement of Revenue, Expenditures, Transfers and Changes in Fund Balances (pages 22 and 23) 1. Comparison of revenues a. Taxes and interest revenue (Exhibit F) b. Licenses i permits and charges for services (Exhibit (1) c. Fines i Forfeitures and Intergovernmental (Exhibit H) d. Sifts 9 Contributions and Other (Exhibit 1) 2. Comparison of expenditures (Exhibit J) 3. Deficiecy of revenues over expeditures (Exhibit N) D. Combined Statement of Revenues, Expenditures, Transfers and Changes in Fund Balances - Budget and Actual (pages 24 and 25) E. Combined Statement of Revenues, Expenditures, Transfers and Changes in Retained Earnings, for All Proprietary Fund Types and Similar Trust Funds (page 26) F. Combined Statement of Cash Flows for All Proprietary Fund Types and Similar Trust Funds (pages 27 and 29) S. Notes to the Financial Statements (pages 29-36) 1. Reporting Entity • 2. Summary of Significant Accounting Policies 3. Property Taxes 846 Annual Financial Report Presentation to the Commissioners Court June 28, 1990 Page 3 4. Accounts Receivable is5. Retirement Plan 6. Changes in General Fixed Assets 7. Long -Term Debt 8, Interfund Receivables/Payables 9. Depository 10. Liability for Compensated Absences 11. Litigation and Contingencies 12. Prior Period Adjustment H. Financial Statements of Individual Funds III. Reports on Federal Financial Assistance A. Auditors' report on the Schedule of Federal Financial Assistance B. Schedule of Federal Financial Assistance C. Auditors' Report on Compliance on an Audit of General Purpose Financial • Statements Performed in Accordance with Government Auditing Standards D. Auditors' Single Audit Opinion on Compliance with Requirements Applicable to Nonmajor Federal Financial Assistance Program Transactions E. Auditors' Report on Internal Control Structure in Accordance With Government Auditing Standards F. Auditors' Report on Internal Controls (Accounting and Administrative) - Based on a Study and Evaluation Made as a Part of an Audit of the General Purpose Financial Statements and the Additional Tests Required by the Single Audit Act • 847 Annual Financial Report Presentation to the Cotmmissioners Court June 25, 1990 Pape 4 11 10 9 fi 7 8 6 4 3 2 t n 8.269,152 CALHOUN COUNTY, TEXAS Total Cash kvaWe 7,930,444 1987 19" A• of 0econber 3t•1 Exhibit A 6.867.274 1900 • • • Annual Financial Report Presentation to the Commissioners Court June 25, 1990 Page S 7 4 CI 0 • 3,018,151 1087 CALHOUN COUNTY, TEXAS Tdd Cash %9&kted 1.*6,02S ime As of Deownbw 31mi Exhibit B 2m"'114 100 849 Annual Financial Report Presentation to the Commissioners Court June 25, 1990 Page 6 CALHOUN COUNTY, TEXAS kwestment In Oenerd Flied Aawta 1987 1988 1984 A• •f D•ow6e. 31at Exhibit C • • A 850 Annual Financial Report Presentation to the Commissioners Court June 25, 1990 Page 7 • • I. • CALHOUN COUNTY, TEXAS PropAehny Fads — Retained ram" PAR 9 1001 1987 1988 1989 As of Dom n+bw 31 st Exhibit D 851 Annual Financial Report Presentation to the Comaissioners Court June 25, 19% Page a 11 10 9 e 7 B 5 3 2 1 n 6,474,921 CALHOUN COUNTY, TEXAS Ca nporlaon of Fund Balance 8A43,351 1987 19" As of D•carnber 31•i Exhibit E 5,535,609 19" • • is 852 C Annual Financial Report Presentation to the Commissioners Court June 25, 1990 Page 9 O CALHOUN COUNTY, TEXAS .V7. "8 k Me Tax & Intacat Reanue 3.7ft718 Tar• W3,1 M M UM 7M740 For the D•a•erdw 3 ® 1007 16" M left Exhibit F Annual Financial Report Presentation to the Commissioners Court June 25, 1990 Page 10 60o 600 400 �a C Mo f� 200 100 0 CALHOUN COUNTY, TEXAS Llomum k %=Its and Ser.4oe Charges 1156.2W 362,3G6 MZ783 MUM 246= r-c-r-" 2040M 1 Llc� ate parnwo Charge for SeMoss For the Y �r Dsosmb3 ® 1967 �d I a" Exhibit 0 • A • Annual Financial Report Presentation to the Commissioners Court June 25, 1990 Page 11 • • 100 A • CALHOUN COUNTY, TEXAS Flr� & FamMtu and ntQyo.-art 17e,943 163,3w 16em 13U26 1294M "7.M Fins b ra 6v lun. 1A"90 Mr"" For the YtaLErpD.anb.r 3 ® 1967 Iwe & Is" Exhibit H 855 Annual Financial Report Presentation to the Commissioners Court June 259 19W Page 12 110 too 8o so 70 EO 60 •0 JO 20 10 0 e2"I CALHOUN COUNTY, TEXAS O#w Rewru+o and Domob" 76.e11 67.613 20.1m 17AM OHM NOVA • For Nr D�wrrbor 3 ® lee7 jttdW — I 1tg tOW Exhibit.I • • • • f • Annual Financial Report Presentation to the Commissioners Court June 25, 1990 Page 13 CALHOUN COUNTY, TEXAS Comparison of Major Category of Expenditures For The Years Ending December 31, 1987, 1988 and 1989 Year Ending December 31st ---------------------------- 1987 1988 1989 % Increase or Decrease --------------------------- '88 over 187 189 over '88 ------------ ------------ Roads 4 Bridges $1,594,062 $1,561,107 $1,553,879 -2.07% -0.46% Health i Welfare 1,100,114 1,070,025 1,252,523 -2.74% 17.06% Public Facilities 592,679 806,719 921,457 36.11% 14.22% Public Safety 791,404 632,675 874,398 5.21% 5.01% Financial Administration 444,052 422,301 449,336 -4.90% 6.40% Judicial 351,458 362,977 434,323 3.28% 19.66% General Administration 387,208 443,036 413,426 14.42% -6.68% Legal 158,139 156,949 166,973 -0.75% 6.39% Culture i Recreation 145,053 160,594 157,298 10.71% -2.05% Intergovernmental 196,016 54,545 84,798 -72.17% 55.46% Other 214,664 76,032 79,892 -64.58% 5.08% Conservation 75,437 ---------- 79,997 --------- 76,149 ---------- 6.04% -4.819 Total Expenditures t6,050,286 $6,026,957 $6,464,452 a.aaaasava .aa..aa.av aaaava.aa. Exhibit J Annual Financial Report Presentation to the Coremissioners Court June 25, 1990 Page 14 a0o aoo i 400 �F 3 sDo S 2W 184722 0 too 0 CALHOUN COUNTY, TEXAS DNideno/ of Revenue oer Evenatums 428.301 1097 low For the V. E+dd Doa.nb« 31.t Exhibit K • • • • LIBRARY - CERTIFICATES OF OBLIGATION Motion by Commissioner Hahn, seconded by Commissioner Mikula, and carried, that the Order Authorizing the Issuance of Combination Tax and Library Revenue.Certificates of Obligation in the amount of $475,000.00 and incorporate paying Victoria Bank & Trust Co., Agent/Registrar. PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of July 1, 1990 (this "Agreement"), by and between Calhoun County, Texas (the "Issuer"), and Victoria Bank & Trust Co., Victoria, Texas, a banking association duly organized and existing under the laws of the United States of America (the "Bank"). RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of Calhoun County, Texas Combination Tax and Library Revenue Certificates of Obligation, Series 1990 (the "Securities") in the aggregate principal amount of $1, such Securities to be issued in fully registered form only as to the payment -of principal knj intrest thereon; and 4'7),o0o WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof • on or about July 15, 1990; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof, and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof, all in accordance with this Agreement and the "Resolution" (hereinafter defined). isRegistrar Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the Resolution. The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and 009 Registrar for the Securities. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal corporate trust office of the Bank as indicated on the signature page hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Fiscal Year" means the fiscal year of the Issuer, ending August 31. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the County Judge, County Clerk, County Treasurer or County Auditor of the Issuer, any one or more of said officials, delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. r� U • • 2 al "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Resolution. "Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice - Chairman of the Board of Directors, the Chairman or Vice-chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or • Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfer of the Securities. "Stated Maturity" means the date specified in the Resolution the principal of a Security is scheduled to be due and payable. Section 2.01 Other Definitions. The terms "Bank," Issuer," and Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paging_Agent. • As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States Mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Resolution. • ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re - registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation is an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities -to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers 862 or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use, and rcasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political subdivisions or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of SecuriLy Register. The Bank, ss Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. • Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated Destroyed. Last or Stolen Securities • The Issuer hereby instructs the Bank, subject to the applicable provisions of the Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank, in its 8F3 • discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an' amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, • furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents. Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that • repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power 864 of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, • or any other Person for any amount due on any Security from its own funds. Section 5.04. MU Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Mon_ye s Held by Bank. The Bank shall deposit any moneys received from the Issuer into a trust account to be held in a fiduciary capacity for the payment of the Securities, with such moneys in the account that exceed the deposit insurance, available to the Issuer, provided by the Federal Deposit Insurance Corporation to be fully collateralized with securities or obligations that are eligible under the laws of the State of Texas to secure and be pledged as collateral for trust accounts until the principal and interest on such securities have been presented for payment and paid to the owner thereof. Payments made from such trust account shall be made by check drawn on such trust account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. All funds at any time and from time to time provided to or held by the Bank hereunder shall be deemed, construed and considered for all purposes as being provided to or held by the Bank in trust and as a Trustee for the benefit of the Security Holders. The Bank acknowledges, covenants and represents that it is acting herein in a fiduciary capacity in relation to such funds, • and is not accepting, holding, administering, or applying such funds as a banking depository, but solely as trustee and fiduciary for and on behalf of the Security thereto, except as trustee pursuant to the terms of this Agreement. The Security Holders shall be entitled to the same preferred claim and first Gen on the funds so provided as are enjoyed by the beneficiaries of trust funds generally. The funds provided to the Bank hereunder shall not be subject to warrants, drafts or checks drawn 865 by the Issuer and, except as expressly provided herein, shall not be subject to compromise, setoff, or other charge or diminution by the Bank. The Bank shall be under no liability for interest on any money received by it. hereunder. Subject to the unclaimed property laws of the State of Texas and any provisions in the Resolution to the contrary, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the issuer, and the Holder of such Security shall thereafter look only to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Intemleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to File a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. Depository Trust Company Services. • • It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements," effective August 1, 1987, which establishes • requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. Q ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, of other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page • of this Agreement. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Arreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement • This Agreement and the Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between his Agreement and the Resolution, the Resolution shall govern. 6 M • Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and • Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent(Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. • IL IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. [BANK SEAL] Attest: Title E • 11 Victoria Bank & Trust Co. By _ Title Address: One O'Connor Plaza Victoria, Texas 77902 Calhou Coun By a uri Title: County J dge Address: 211 South Ann Stre Port Lavaca, Texas 77979 0 SCHEDULE A Paying Agent/Registrar Fee Schedule [To be supplied by the Bank] • �J r � U GENERAL CERTIFICATE THE STATE OF TEXAS COUNTY OF CALHOUN We, the undersigned officers of said County, hereby certify as follows: 1. That this certificate is executed for and on behalf of said County with reference to the issuance of the proposed CALHOUN COUNTY, TEXAS COMBINATION TAX AND LIBRARY REVENUE CERTIFICATES OF OBLIGATION, SERIES 1990, dated July 1, 1990, in the principal amount of $475,000. 2. That no litigation of any nature has ever been filed pertaining to, affecting, questioning, or contesting: (a) the order which authorized said County's proposed Certificates of Obligation described in paragraph I of this certificate; (b) the issuance, execution, delivery, payment, security or validity of said proposed Certificates of Obligation; (c) the authority of the Commissioners Court and the officers of said County to issue, execute and deliver said Certificates of Obligation; (d) the • validity of the corporate existence of said County, or (e) the current tax rolls of said County; and that no litigation is pending pertaining to, affecting, questioning, or contesting the current boundaries of said County. 3. That no petition signed by at least five percent of the qualified voters of said County protesting the issuance of the Certificates of Obligation and requesting a referendum election has been received. 4. That other than the aforesaid proposed Certificates of Obligation, there is no presently outstanding tax bond indebtedness of said County and no presently outstanding indebtedness of said County payable, in whole or in part, from any revenues to be derived by the County from the ownership and operation of the County Library being financed with proceeds of the proposed Certificates of Obligation. 5. That all meetings of the Commissioners Court of said County at which action was taken in preparation for or in connection with the issuance of the proposed Certificates of Obligation occurred at the usual designated meeting place, being the Calhoun County Courthouse. 6. That the currently effective ad valorem tax appraisal roll of said County (the "Tax Roll") is the Tax Roll prepared and approved during the calendar year 1989, being the most recently approved Tax Roll of said County; that the taxable property in said County has been appraised, assessed, and valued as required and provided by the Texas Constitution and Property Tax Code (collectively, "Texas law"); that the Tax Roll for said year has been submitted to the Commissioners Court of said County as required by Texas law, and has been approved and recorded by said • Commissioners Court; and according to the Tax Roll for said year the net aggregate taxable value 871 of taxable property in said County (after deducting the amount of all applicable exemptions required or authorized under Texas law), upon which the annual ad valorem tax of said County has been or will be imposed and levied, is $1,611,016,355. SIGNED AND SEALED this the • • • ' W NO. R-6 UNITED STATES OF AMERICA PRINCIPAL STATE OF TEXAS AMOUNT $45,000 CALHOUN COUNTY, TEXAS COMBINATION TAX AND LIBRARY REVENUE CERTIFICATE OF OBLIGATION SERIES 1990 INTEREST RATE MATURITY DATE DATE OF SERIES CUSIP NO. 7.30% February 15, 1996 July 1, 1990 REGISTERED OWNER: VICTORIA BANK & TRUST CO. PRINCIPAL AMOUNT: FORTY FIVE THOUSAND DOLLARS ON THE MATURITY DATE specified above, CALHOUN COUNTY, TEXAS (the "Issuer" or the "County"), being a political subdivision of the State of • Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns (hereinafter called the "registered owner") the principal amount set forth above, and to pay interest thereon from July 1, 1990, on February 15, 1991 and semiannually on each August 15 and February 15 thereafter to the maturity date specified above, at the interest rate per annum specified above; except that if this Certificate of Obligation is required to be authenticated and the date of its ` authentication is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate of Obligation or Certificates of Obligation, if any, for which this Y Certificate of Obligation is being exchanged is due but has not been paid, then this "c Certificate of Obligation shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate of Obligation are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate of Obligation shall be paid to p the registered owner hereof upon presentation and surrender of this Certificate of ' Obligation at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of Victoria Bank & Trust Co., Victoria, Texas, which is the "Paying Agent/Registrar" for this Certificate of Obligation. The • bT Page 1 of 5 873 payment of interest on this Certificate of Obligation shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying' .` Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Certificates of Obligation (the "Order") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter .! provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month next preceding such date (the 'Record Date") on the Registration Books ti - kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest ..` may be paid by such other method acceptable to the Paying Agent/Registrar, • requested by, and at the risk and expense of, the registered owner. In the event of a nonpayment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special rviT Record Date and of the scheduled payment date of the past due interest (the "Special Payment Date" which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United_ States mail, first class, postage prepaid, to the address of each owner of a Certificate of Obligation appearing on the books of the Paying Agent/Registrar at "iN. the close of business on the last business day next preceding the date of mailing'' of such notice. The Issuer covenants with the registered owner of this Certificate of Obligation that on or before each principal payment date and interest payment date for this Certificate of Obligation it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund' created by the Order, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates of Obligation, when due. IF THE DATE for the payment of the principal of or interest on this gal Certificate of Obligation shall be a Saturday, Sunday, a legal holiday, or a day on, which banking institutions in the city where the Paying Agent/Registrar is located ax <f,. • are authorized by law or executive order to close; then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. Page 2 of 5 THIS CERTIFICATE OF OBLIGATION is one of a series of Certificates % of Obligation dated as of July 1, 1990, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $475,000, FOR THE PURPOSE OF PAYING, IN WHOLE OR IN PART, CONTRACTUAL OBLIGATIONS TO BE INCURRED BY THE COUNTY IN ORDER TO CONSTRUCT, FURNISH AND EQUIP A NEW COUNTY LIBRARY TO BE ESTABLISHED, MAINTAINED AND OPERATED BY THE COUNTY, AND TO PAY ALL OR A PORTION OF THE LEGAL, FISCAL • - `' / AND ENGINEERING FEES IN CONNECTION WITH THIS PROJECT. THIS CERTIFICATE OF OBLIGATION may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying r } Agent/Registrar acting in the capacity of registrar for the Certificates of Obligation, upon the terms and conditions set forth in the Order. Among other requirements for such assignment and transfer, this Certificate of Obligation must be presented n and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying r f Y Agent/Registrar, evidencing assignment of this Certificate of Obligation to the assignee in whose name this Certificate of Obligation is to be transferred and 4 registered. The form of Assignment printed on this Certificate of Obligation shall be executed by the registered owner, or its duly authorized attorney or representative, to evidence the assignment hereof. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate of Obligation during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. The registered owner of this Certificate of Obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate of Obligation to the extent of such payment, and the Issuer and the • }~ Paying Agent/Registrar shall not be affected by any notice to the contrary. IN THE EVENT any Paying Agent/Registrar for the Certificates of Obligation is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Order that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Certificates of Obligation. Page 3 of 5 • 875 • IT IS HEREBY certified, recited, and covenanted that this Certificate of M. Obligation has been duly and validly authorized, issued, and delivered; that all acts, ' conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation, as such interest comes due, and as such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed by law; and that this Certificate of Obligation,• • is additionally secured by a lien on and pledge of certain Net Revenues of said Issuer's county library, all as provided in the Order authorizing the Certificates of Obligation. m BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby acknowledges all of the terms and provisions of the Order, agrees to be bound by such terms and provisions, acknowledges that the Order is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate of Obligation and the Order constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the manual or facsimile signature of the County Judge of the Issuer and countersigned with the manual or facsimile signature of the County Clerk of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate f bligati // 1 i unty CI k C Linty Judge '.. (COUidSE t, COMPTROLI;'E1`Y'S REGISTRATION CERTIFICATE: REGISTE W y1 I hereby certify that this Certificate of Obligation has been examined, fir.-•'•✓.`.;; r certified as to validity, and approved by the Attorney General of the Slate of Texas, and that this Certificate of Obligation has been registered by the Comptroller of I„ Public Accounts of the State of Texas..:.;, Page 4 of 5 • • Witness my signature and seal this (COMPTROLLER'S SEAL) Comptroller of Public Accounts of the State of Texas ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code of Transferee) the within Certificate of Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Certificate of Obligation on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. Page 5 of 5 NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Certificate of Obligation in every particular, without alteration or enlargement or any change whatsoever. 877 $475,000 CALHOUN COUNTY, TEXAS COMBINATION TAX 4 LIBRARY REVENUE CERTIFICATES OF OBLIGATION, SERIES 1990 AVERAGE MATURITY = 6.496 yrs. NET EFFECTIVE INTEREST RATE = 7.489% DATED: 7/ 1/90 PRINCIPAL DUE: 2/15 FIRST CPN DUE: 2/15/91 INTEREST DUE: 2/15 8/15 YEAR END THIS $ 475,000 ISSUE 12 31 PRINCIPAL RATE % INTEREST TOTAL 1991 $ 20,000 6.800 $ 38,584 $ 58,584 1992 30,000 6.950 32,585 62,585 1993 35,000 7.000 30,318 65,318 1994 35,000 7.100 27,850 62,850 1995 40,000 7.200 25,168 65,168 1996 45,000 7.300 22,085 67,085 1997 45,000 7.400 18,778 63,778 1998 50,000 7.500 15,238 65,238 1999 55,000 7.550 11,286 66,286 2000 60,000 7.650 6,915 66,915 2001 60,000 7.700 2,310 62,310 $ 475,000 $ 231,117 $ 706,117 • • �i NEW ISSUE LIMITED OFFERING MEMORANDUM Dated June 15, 1990 In the opinion of Bond Counsel, interest on the Certificates will be excludable from gross income for federal income tax purposes under existing law, subject to the matters described under "Tax Exemption" herein, including the alternative minimum tax on corporations. THE COUNTY WILL DESIGNATE THE CERTIFICATES AS "QUA LIFILI:) TAX-EXEMPT OBLIGATIONS" FOR FINANCIAL 1NST IT UT IONS $475,000 .CALHOUN COUNTY, TEXAS . (Calhoun County) COMBINATION TAX AND LIBRARY REVENUE CERTIFICATES OF OBLIGATION, SERIES 1990 Dated: July 1, 1990 Due: February 15, as shown below Interest on the $475,000 Calhoun County, Texas (the "County") Combination Tax and Library Revenue Certificates of Obligation, Series 1990 (the "Certificates") will accrue from the dated date as shown above and will be payable February 15 and August 15 of each year, commencing February 15, 1991, and will be calculated on the basis of a 360-day year of twelve 30-day months. The definitive Certificates will be issued only in fully registered form in the denomination of $5,000 or any integral multiple thereof. The Certificates constitute direct obligations of the County, payable from a combination of (i) the levy and collection of a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable property within the County, and (ii) the net revenues from book fines collected by the County Library remaining after payment of all amounts constituting operations and maintenance expenses of the County Library, as provided in the order authorizing the Certificates (the "Order") (see "Authority for Issuance"). The initial Paying Agent/Registrar shall be the Victoria Bank h Trust, Victoria, Texas (see "Paying Agent/Registrar"). Proceeds from the sale of the Certificates together with other local funds and grant monies will be used for constructing, equipping and furnishing a County Library and the costs of issuance related to the sale of the Certificates. MATURITY SCHEDULE isPrice or Amount Maturity Rate Yield Amount Maturity 20,000 2-15-91 45,000 2-15-97 30,000 2-15-92 50,000 2-15-93 35,000 2-15-93 55,000 2-15-99 35,000 2-15-94 60,000 2-15-00 40,000 2-15-95 60,000 2-15-01 45,000 2-15-96 The Certificates are not optional for prior payment. Presently the County does not have any tax supported debt outstanding. • Price or Rate Yield The Certificates are offered for delivery when, as and if issued and received by the purchaser and subject to the approving opinion of the Attorney General of the State of Texas and of McCall, Parkhurst & Horton, Bond Counsel, San Antonio, Texas. The legal opinion will be printed on the Certificates (see Appendix C, "Form of Bond Counsel's Opinion"). It is expected that the Certificates will be eligible for delivery through the Depository Trust Company ("DTC"). It will be the obligation of the purchaser of the Certificates to complete and file the DTC Eligibility Questionnaire. Delivery: Anticipated on or about July 31, 1990 This Limited Offering Memorandum does not constitute an offer to sell Certificates in any jurisdiction to any person to whom it is unlawful to make such offer in such jurisdiction. No dealer, salesman, or any other person has been authorized to give any information or make any representation, other than those contained herein, in connection with the offering of these Certificates, and if given or made, such information or representation must not be relied upon. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Limited Offering Memorandum nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the County since the date hereof. TABLE OF CONTENTS Limited Offering Memorandum Description of the Certificates --------------------------------------------------- County Officials ElectedOfficials ---------------------------------------------------------------- Other Elected and Appointed Officials --------------------------------------------- Consultants and Advisors --------------------------------------------------------- Selected Data from the Limited Offering Memorandum --------------------------------- Certificate Information Authority for Issuance ----------------------------------------------------------- Security for Certificates--------------------------------------------------------- Redem ption of Certificates ------------------------------------------------------ Paying Agent/Registrar ---------------------------------------------------------- Transfer, Exchange and Registration ----------------------------------------------- Record Date for Interest Payment -------------------------------------------------- Use of Certificate Proceeds -------------------------- --------------------------- Sources and Uses of Funds -------------------------------------------------------- Tax Information AdValorem Tax Law ------------------------------------------------------------ Valuation, Exemptions and Debt Obligations ---------------------------------------- Taxable Assessed Valuations by Category ------------------------------------------- Valuation and Funded Debt History -------------------------- --------------------- Tax Rate, Levy and Collection History --------------------------------------------- Tax Rate Distribution Analysis ---------------------------------------------------- Ten Largest Taxpayers ---------------------------------------------------------- Tax Rate Limitation ------------------------------------------------------------- Assessed Valuations, Tax Rates, Outstanding Debt and Authorized But Unissued Bonds of Consolidated Overlapping Taxing Jurisdictions----------------- DebtInformation Debt Service Requirements ------------------------------------------------------- Estimated Direct and Consolidated Overlapping Funded Debt Payable From Ad Valorem Taxes -------------------------------------------------------- Authorized But Unissued General Obligation Bonds ---------------------------------- Anticipated Issuance of General Obligation Bonds ----------------------------------- Funded Debt Limitation ----------------------------------------------------------- Other Obligations PensionFund ------------------------------------------------------------------- Financiallnformation General Fund Revenues and Expenditure History ------------------------------------ Financial Administration --------------------------------------------------------- Financial Policies --------------------------------------------------------------- Other Relevant Information Ratings------------------------------------------------------------------------ TaxExemption ----------------------------------------------------------------- Qualified Tax -Exempt Obligations ------------------------------------------------- Tax Accounting Treatment of Original Issue Discount --------------------------------- Litigation---------------------------------------------------------------------- Registration and Qualification of Certificates for Sale ------------------------------- Legal Investments and Eligibility to Secure Public Funds in Texas ---------------------- Legal Opinions and No -Litigation Certificate --------------------------------------- Authenticity of Financial Data and Other Information -------------------------------- Financial Advisor -------------------------------------------------------------- Certification of the Limited Offering Memorandum ---------------------------------- Appendices General Information Regarding the County ------------------ ---------------------- Excerpts From the Annual Financial Report ---------------------------------------- Form of Bond Counsel's Opinion--------------------------------------------------- PageNo. 3 3 3 4/5 6 6 6 6 6 6/7 7 7 8/9 9 10 11 11 12 13 13 14 15 16 16 16 17 17 17/18 19 19 19/20 21 21 21 22 22 22 22 23 23 23 23 A B C The cover page hereof, this page, the appendices included herein and any addenda, supplement or amendment hereto, are part of the Limited Offering Memorandum. -2- • • r_1 COUNTY OFFICIALS Elected Officials Commissioners Court Length of Service Term Expires Alex R. Hernandez 3 Years 12-31-1990 County Judge 6 Months Leroy Belk 16 Years 12-31-1992 Commissioner, Precinct No. 1 6 Months Stanley Mikula 11 Years 12-31-1990 Commissioner, Precinct No. 2 6 Months • Roy Smith 5 Years 12-31-1992 Commissioner, Precinct No. 3 6 Months Oscar F. Hahn 7 Years 12-31-1990 Commissioner, Precinct No. 4 6 Months Other Elected and Appointed Officials Length of Length of Service Service Name Position in Current Position With County Term Expires Mary Lois McMahan County Clerk 19 Years 29 Years 12-31-1990 Annette Baker Tax Assessor -Collector 4 Years 26 Years 12-31-1992 Sharron Marek County Treasurer 12 Years 28 Years 12-31-1990 Ben H. Comiskey, Jr. County Auditor 9 Years 9 Years 10-31-19910) 0 • (1) Appointed by District Judges. Consultants and Advisors Architects--------------------------------------------------------- Reitzer Cruz Architects Inc. San Antonio, Texas Bond Counsel------------------------------------------------------- McCall, Parkhurst & Horton San Antonio and Dallas, Texas Certified Public Accountants ----------------------------- Bumgardncr, Morrison & Company, C.P.A. Victoria, Texas Financial Advisor ------------------------------------------------------ First Southwest Company San Antonio and Dallas, Texas For additional information regarding the County, please contact: Mr. Ben Comiskey, Jr. County Auditor Calhoun County 211 S. Ann Port Lavaca, Texas 77979 (312) 553-4610 Mr. Robert V. Henderson or Ms. Anne M. Burger First Southwest Company 154 E. Commerce Street Suite 1920 San Antonio, Texas 78205 (512)222-8522 -3- SELECTED DATA FROM THE LIMITED OFFERING MEMORANDUM The selected data on this page is subject in all respects to the more complete information and definitions contained or incorporated in this Limited Offering Memorandum. The offering of the Certificates to potential investors is made only by means of this entire Limited Offering Memorandum. No person is authorized to detach this data page from this Limited Offering Memorandum or to otherwise use it without the entire Limited Offering Memorandum. This data page was prepared to present the purchasers of the Certificates information concerning the Certificates, the revenues pledged to payment of the Certificates, the description of the revenue base and other pertinent data, all as more fully described herein. The Issuer-------------- Calhoun County was organized in 1846. The County operates as specified under the Constitution of the State of Texas and statutes which provide for a Commissioners Court consisting of the County Judge and four Commissioners, one from each of four geographical Commissioners Precincts. The County Judge is elected for a term of four years and the Commissioners for four year staggered terms. Other major County elective officers include the County Clerk, County Tax Assessor -Collector and County Treasurer. The County Auditor is appointed for a term of two years by, and serves at the will of, the District Judges whose courts are located in Calhoun County. The County is approximately 540 square miles in .area (see Appendix A - "General Information Regarding the County"). The Certificates -------- The Certificates are being issued in the.principal amount of $475,000 pursuant to the Constitution and General Laws of the State of Texas, particularly Subchapter C of Chapter 271, Texas Local Government Code, and an Order passed by the Commissioners Court of the County (see "Authority for Issuance"). Qualified Tax -Exempt Obligations------------ The County will designate the Certificates as "Qualified Tax -Exempt Obligations" for financial institutions (see "Qualified Tax -Exempt Obligations"). Security for the Certificates ---------- The Certificates constitute direct obligations of the County, payable from a combination of (i) the levy and collection of a direct ad valorem tax, within the limits prescribed by law, on all taxable property within the County, and 01) the net revenues from book fines collected by the County Library remaining after payment of all amounts constituting operations and maintenance expenses of the County Library (see 'Security for Certificates"). Optional Redemption ---- The Certificates are not optional for prior payment. Tax Exemption---------- In the opinion of [fond Counsel, the interest on the Certificates will be excludable from gross income for federal income tax purposes under existing law, subject to the matters described under "Tax Exemption" herein, including the alternative minimum tax on corporations. Use of Certificate Proceeds ------------- The Certificate proceeds together with other local funds and grant monies will be used for constructing, equipping and furnishing a County Library, and paying costs related to the issuance of the Certificates. Payment Record -------- The County has never defaulted. ; -4- • • • 882 Selected Issuer Indices Ratio Per Per Funded Tax Capita Capita Debt to Year Cstimated Taxable Taxable Funded Funded Taxable Ended County Assessed Assessed Tax Tax Assessed 9-30 Pooulation(1) Valuation Valuation Debt Debt —�- Valuation 1986 19,900 1,825,695,870 91,744 130,000 7 0.01% 1997 19,900 1,775,928,544(3) 89,243 -0- -0- 0.00% 1938 19,950 1,684,464,414(2) 84,434 -0- -0- 0.00% 1989 20,000 1,591,739,409(3) 79,587 -0- -0- 0.00% 1990 22,150 1,611,016,355 72,732 475,000(4) 21 0.03% • (1) Source: Port Lavaca Chamber of Commerce and Calhoun County Officials. (2) Revaluation. (3) Lower taxable assessed valuation due to loss in mineral values and economic deline. (4) Projected, includes the Certificates. (5) Collections for part year only, through May 31, 1990. Cl • -5- % of Total Tax Collections 99.65% 99.80% 99.82% 99.64% 98.759G(5) CERTIFICATE INFORMATION Authority for Issuance The Certificates are authorized and issued as provided by the Constitution and General Laws of the State of Texas, particularly Subchapter C of Chapter 271, Texas Local Government Code, as amended, and the Order. Security for Certificates The Certificates constitute direct obligations of the County, payable from a combination of (i) the levy and collection of a direct ad valorem tax, within the limits prescribed by law on, all taxable property within the County, and 00 the net revenues from book fines collected by the County Library remaining after payment of all amounts constituting operations and maintenance expenses of the County Library. Redemption of Certificates The Certificates are not optional for prior payment. Paying Agent/Registrar The initial Paying Agent/Registrar is the Victoria Bank do Trust, Victoria, Texas. In the Order the County retains the right to replace the Paying Agent/Registrar. The County covenants to maintain and provide a Paying Agent/Registrar at all times while the Certificates are outstanding and any successor Paying Agent/Registrar shall be a commercial bank or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to serve as and perform the duties and services of Paying Agent/Registrar for the Certificates. Upon any change in the Paying Agent/Registrar for the Certificates, the County agrees to promptly cause a written notice thereof to be sent to each registered owner of the Certificates by United States mail, first class, postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of the Certificates will be payable to the registered owner at maturity or prior redemption upon presentation at the principal office of the Paying Agent/Registrar. Interest on the Certificates will be payable by check, dated as of the interest payment date, and mailed by the Paying Agent/Registrar to registered owners as shown on the records of the Paying Agent/Registrar on the Record Date (see "Record Date for Interest Payment" herein), or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner: If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to closet and payment on such date shall have the same force and effect as if made on the original date payment was due. Transfer, Exchange and Registration The Certificates may be transferred and exchanged on the registration books of the Paying Agent/Registrar only upon presentation and surrender thereof to the Paying Agent/Registrar and such transfer or exchange shall be without expense or service charge to the registered owner, except for any tax or other governmental charges required to be paid with respect to such registration, exchange and transfer. A Certificate may be assigned by the execution of an assignment form on the Certificate or by other instrument of transfer and assignment acceptable to the Paying Agent/Registrar. A new Certificate or Certificates will be delivered by the Paying A gent/Registrar, in lieu of the Certificate being transferred or exchanged, at the principal office of the Paying Agent/Registrar, or sent by United States mail, first class, postage prepaid, to the new registered owner or his designee. To the extent possible, new Certificates issued in an exchange or transfer of Certificates will be delivered to the registered owner or assignee of the registered owner in not more than three business days after the receipt of the Certificates to be cancelled, and the written instrument of transfer or request for exchange duly executed by the registered owner or his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. New Certificates registered and delivered in an exchange or transfer shall be in any integral multiple of $5,000 for any one maturity and for a like aggregate principal amount as the Certificate or Certificates surrendered for exchange or transfer. Record Date for Interest Payment • The record date ("Record Date") for the interest payable on any interest payment date means the close of • business on the last business day of the preceding month. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, it and when funds for the payment of such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shalt be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. Use of Certificate Proceeds Proceeds from the sale of the Certificates together with other local funds and grant monies will be used for constructing, equipping and furnishing a County Library and the costs of issuance related to the sale of the Certificates. Sources and Uses of Funds is The construction program will be funded as follows: Sources: Proceeds from Sale of Certificates Total Sources of Funds Uses: • • Estimated Cost of Construction for Library Estimated Costs of Issuance Total Uses of Funds -7- 475 000 475 000 $460,000 15,000 475 000 885 TAX INFORMATION Ad Valorem Tax Law The appraisal of property within the County is the responsibility of the Calhoun County Appraisal District. Excluding agricultural and open -space land, which may be taxed on the basis of productive capacity, the Appraisal District is required under the Property Tax Code to appraise all property within the Appraisal District on the basis of 10096 of its market value and is prohibited from applying any assessment ratios. The value placed upon property within the Appraisal District is subject to review by an Appraisal Review Board, consisting of three members appointed by the Board of Directors of the Appraisal District. The Appraisal District is required to review the value of property within the Appraisal District at least every three years. The County may require annual review at its own expense, and is entitled to challenge the determination of appraised value of property within the County by petition filed with -the Appraisal Review Board. Reference is made to the VTCA, Property Tax Code, for identification of property subject to taxation; property exempt or which may be exempted from taxation, if claimed; the appraisal of property for ad valorem taxation purposes; and the procedures and limitations applicable to the levy and collection of ad valorem taxes. Article Vlll of the State Constitution ("Article VIIP) and State law provide for certain exemptions from property taxes, the valuation of agricultural and open -space lands at productivity value, and the exemption of certain personal property from ad valorem taxation. Under Section I -a, Article Vill, the first $3,000 value of residential homestead. is exempt from the ad valorem tax of a maximum of $0.30 per $I00 valuation that the County may levy for construction and maintenance of farm -to -market roads and flood control. Under Section 1-b, Article Vlll, and State law, the governing body of a political subdivision, at its option, may grant: (1) An exemption of not less than $3,000 of the market value of the residence homestead of persons 65 years of age or older and the disabled from all ad valorem taxes thereafter levied by the political subdivision; (2) An exemption of up to 20% of the market value of residence homesteads; minimum exemption $5,000. In the case of residence homestead exemptions granted under Section 1-b, Article Vlll, ad valorem taxes may continue to be levied against the value of homesteads exempted where ad valorem taxes have previously been pledged for the payment of debt if cessation of the levy would impair the obligation of the contract by which the debt was created. State law and Section 2, Article Vlll, mandate an additional property tax exemption for disabled veterans or the surviving spouse or children of a deceased veteran who died while on active duty in the armed forces; the exemption applies to either real or personal property with the amount of assessed valuation exempted ranging from $1,500 to a maximum of $3,000. Article Vlll provides that eligible owners of both agricultural land (Section 1-d) and open -space land (Section 1-d-1), including open -space land devoted to farm or ranch purposes or open -space land devoted to timber production, may elect to have such property appraised for property taxation on the basis of its productive capacity. The same land may not be qualified under both Section 1-d and 1-d-1. Nonbusiness vehicles, such as automobiles or light trucks, are exempt from ad valorem taxation unless the governing body of a political subdivision elects to tax this property. Boats owned as nonbusiness property are exempt from ad valorem taxation. Article Vlll, Section 1-j of the Texas Constitution authorizing an ad valorem tax exemption for "freeport property" was approved November 7, 1989, Freeport property is goods detained in Texas for 175 days or less for the purpose of assembly, storage, manufacturing, processing or fabrication. The amendment provides that the exemption will be effective for the 1990-91 fiscal year unless the County takes action to tax such property prior to January 1, 1990 and that the exemption will be effective for all future tax years unless the County takes action prior to April 1, 1990 but after January 1, 1990. Decisions to continue to tax may be reversed in the future; decisions to exempt freeport property are not subject to reversal. The County has taken action to tax freeport property in the 1990-1991 fiscal year and is studying the issue with respect to subsequent years. -8- • • is =I The County grants an exemption to the market value of the residence homestead of persons 65 years of age or older of up to $20,000, the disabled are granted an exemption from $1,500 to $3,000. The County has granted an additional exemption of 20% of the market value of residence homesteads; minimum exemption of $5,000; Ad valorem taxes are levied by the County against the exempt value of residence homesteads for the payment of debt; The County does not tax nonbusiness vehicles; and The Calhoun County Appraisal District collects the taxes for the County. • Valuation, Exemptions and Debt Obligations 1989 Market Valuation Established by Calhoun County Appraisal District $1,800,460,520 Less Exemptions/Reductions at 100% Market Value: Residence Homestead Exemptions $ 49,289,210 Disabled Veterans Exemptions 190,276 Open -Space Land Use Reductions 139,964,679 189,444,165 1989`faxable Assessed Valuation $1,611,016,355(1) County Funded Debt Payable From Ad Valorem Taxes: Limited Tax Bonds (as of 6-1-90) $ -0- The Certificates 475,000 Funded Debt Payable From Ad Valorem Taxes $ 475,000 Interest and Sinking Fund (as of 6-1-90) $ -0- Ratio Funded Debt to Taxable Assessed Valuation ---------------------------------- 0.03% 1990 Estimated Population - 22,150 Per Capita Taxable Assessed Valuation - $72,732 Per Capita Funded Debt - $21.44 (1) The Calhoun County Chief Appraiser estimates the 1990 Taxable Assessed Value for the County to be $1,605,973,307. isNote: The exemptions/reductions detailed above exclude the state -mandated $3,000 residence homestead exemption applicable only to the Farm -to -Market and Flood Control ad valorem tax permitted by Section I -a, Article VIII. The Taxable Assessed Valuation shown is for all County purposes other than the Farm -to -Market and Flood Control tax. The County's Taxable Assessed Valuation for purposes of the Farm -to -Market and Flood Control tax is $1,602,392.166. • -9- X Taxable Assessed Valuations by Category(1) 00 00 0 Category Amount Total Amount Total Amount Real, Residential, Single -Family 226,537,645 12.58% 224,755,446 12.63% 234,850,693 Real, Residential, Multi -Family 12,467,733 0.69% 12,546,061 0.70% 13,506,133 Real, Vacant Lots/Tracts 25,396,734 1.41% 26,035,380 1.46% 33,895,616 Real, Acreage (Land Only) 171,320,029 9.52% 170,001,910 9.55 % 219,544,482 Real, Farm and Ranch improvements 11,522,589 0.64% 11,646,643 0.65% 12,488,728 Real, Commercial 55,906,229 3.10% 55,492,971 3.12% -0- Real, Industrial 897,210,372 49.28% 853,860,126 47.97% 959,716,929 Real, Oil, Gas and Other Mineral Reserves 137,765,410 7.65 % 159,588,830 8.97 % 183,373,880 Tangible Personal, Nonbusiness Vehicles -0- 0.00% -0- 0.00% -0- Real and Tangible Personal, Utilities 117,395,950 6.52% 105,009,440 5.90 % 104,915,087 Tangible Personal, Commercial 32,741,731 1.82% 38,650,740 2.17% -0- Tangible Personal, Industrial 113,967,931 6.33% 113,236,621 6.36% 149,202,703 Tangible Personal, Other 3,932,785 0.22% 4,515,755 0.25% 5,536,907 Intangible Personal 3,186,657 0.18% 3,464,885 0.19 % 3,641,175 Real Property, Inventory (1) Total Appraised Value Before Exemptions 1 108 725 1,800,460,520 0.06% 100.00% 1,193,877 1,779,998,685 0.08% 100.00% -0- 1,920,672,233 Less: Total Exemptions/Reductions(3) 139 444 165 138 259 276 1 591 739 409 236 207 819 1 44 464 414 Taxable Assessed Value 1 611 016 355 Cateeor Real, Residential, Single -Family Real, Residential, Multi -Family Real, Vacant Lots/Tracts Real, Acreage (Land Only) Real, Farm and Ranch Improvements Real, Commercial Real, Industrial Real, Oil, Gas and Other Mineral Reserves Tangible Personal, Nonbusiness Vehicles Real and Tangible Personal, Utilities Tangible Personal, Commercial Tangible Personal, Industrial Tangible Personal, Other Intangible Personal Real Property, inventory (2) Total Appraised Value Before Exemptions Less: Total Exemptions/Reductions (3) Taxable Assessed Value Taxable Appraised Value For Tax Year Ended September 30 1987 1986 16 Of % of Amount Total Amount Total 231,009,617 11.46% 221,367,423 10.73% 12,951,235 0.64 % 12,913,099 0.6396 36,477,036 1.81% 36,612,772 1.77% 226,546,109 11.24 % 227,346,950 11.02% 12,439,578 0.62% 12,862,498 0.62% -0- 0.00% -0- 0.00% 995,222,906 49.37% 1,035,409,349 50.13 % 226,392,770 11.23% 254,101,670 12.31% -0- 0.00% -0- 0.00% 111,260,716 5.52% 102,013,871 4.95% -0- 0.00% -0- 0.00% 154,860,874 7.68 % 148,983,299 7.22% 6,561,233 0.33% 8,467,529 0.41% 1,940,050 0.10% 3,383,679 0.16% =0- 0.00% -0- 0.00% 2,015,662,124 100.00% 2,063,462,639 100.00 % 239 733 590 928 544 237,766,769 1 825 695 870 1 775 Total 12.23% 0.70% 1.76% 11.43% 0.65% 0.00% 49.97% 9.55% 0.00% 5.46% 0.00% 7.77% 0.2996 0.19% 0.00% 100.00% (1) Source: State Property Tax Board Reports. (2) Residential inventory properties in the hands of developers or builders, each group of properties in this category is appraised on the basis of its value as a whole as a sale to another developer or builder. This category initiated in 1988. (3) Exemptions/reductions exclude residence homestead exemptions applicable only to the Farm -to -Market and Flood Control tax. 0 0 0 Valuation and Funded Debt History Ratio Funded Tax Taxable Funded Debt Debtto Year Taxable Assessed Outstanding Taxable Funded Ended Estimated Assessed Valuation at End Assessed Debt 9-30 Population(1) Valuation(2) Per Capita of Year Valuation Per Capita 1981 19,625 306,294,748 $05,607 9 -0- 0.00%-0- 1982 19,680 1,176,023,586(2) 59,758 650,000 0.06% 33 1983 19,700 1,519,785,756 77,146 520,000 0.03% 26 1984 19,780 1,543,586,685(3) 78,033 390,000 0.03% 20 1985 19,810 1,760,205,563 88,854 260,000 0.01% 13 1986 19,900 1,825,695,870 91,744 130,000 0.01% 7 1987 19,900 1,775,928,544(4) 89,243 -0- 0.00% -0- 1988 19,950 1,684,464,414(3) 84,434 -0- 0.00% -0- • 1989 20,000 1,591,739,409(4) 79,587 -0- 0.00% -0- 1990 22,150 1,611,016,355 72,732 475,000(5) 0.03% 21 (1) Source: Port Lavaca Chamber of Commerce and Calhoun County Officials. (2) Increased basis of assessment from 30% to 100%. (3) Revaluation. (4) Lower taxable assessed value due to loss in mineral values and economic decline. (5) Includes the Certificates. Tax Rate, Levy and Collection History(1) Tax Year Distribution Ended Tax General Interest and % Current % Total 9-30 Rate Fund Sinkin Fund Tax Lev Collections Collections 1991 0.6300 O.G300 0.0000 1,929,667 97.35% 117.33%(1) 1982 0.2600 0.2600 0.0000 3,085,935 95.17% 96.30% 1983 0.2369 0.2244 0.0125 3,600,423 96.42% 96.91% 1984 0.2506 0.2399 0.0107 3,868,235 99.62% 99.22% 1985 0.2345 0.2257 0.0088 4,127,688 98.12% 98.90% 1986 0.2351 0.2271 0.0080 4,292,221 98.07% 99.65% 1987 0.2100 0.2100 0.0000 3,729,457 97.70% 99.80 % 1989 0.2100 0.2100 0.0000 3,537,382 97.40% 99.82% 1989 0.2100 0.2100 0.0000 3,342,180 98.36% 99.64% 1990 0.1874 0.1874 0.0000 3,019,044 97.47 %(2) 98.7596(2) • 0) This figure is affected by a tax litigation that was settled between 9-30-80 and 10-30-80. (2) Collections for part year only, through May 31, 1990. Property within the County is assessed as of January 1 of each year (except for business inventory which may, at the option of the taxpayer, be assessed as of September 1); taxes become due October 1 of the same year, and become delinquent on February 1 of the following year. Split payments are not permitted. Discounts are allowed: 396 in October; 2% in November; 1% in December. Taxpayers 65 years old or older are permitted by state law to pay taxes on homesteads in four installments with the first due on February I of each year and the final installment due on August 1. Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows: Month Penalty Interest Total February 6% 1% 7% March 7% 2% 9% April 3% 396 11% May 9% 4% 13% June 10% 5% 15% July 12% 6% 18% After July, penalty remains at 12%, and interest increases at the rate of 1% each month. In addition, if an account is delinquent in July, a 15% attorney's collection fee is added to the total tax penalty and interest charge. Tax Rate Distribution Analysis Constitutional Tax Rate Operating Fund Interest and Sinking Fund Total Constitutional Tax Rate Special Road Maintenance Tax Rate Farm -to -Market and Flood Control Tax Rate Total Tax Rate Constitutional Tax Rate Operating Fund Interest and Sinking Fund Total Constitutional Tax Rate Special Road Maintenance Tax Rate Farm -to -Market and Flood Control Tax Rate Total Tax Rate Tax Year Cnded September 30 1990 1989 1988 1987 1986 $0.1874 $6.2100 $0,2100 $0.1700 $0.1821 -0- 0.1874 -0- 0.2100 -0- 0.2100 -0- 0.1700 0.0080 0.1901 -0- -0- -0- 0.0400 0.0450 0.0258 0.0300 0.0300 0.0300 0.0300 0.2651 0.2132 0.2400 0.2400 0.2400 Tax Year Ended September 30 1985 1984 1983 1982 198 $0.2257 $0.2399 $0.2244 $0.2600 $0.6300 0.0088 0.2345 0.0107 0.2506 0.0125 0.2369 -0- 0.2600 -0- 0.6300 -0- -0- -0- -0- -0- 0.0299 0.2644 0.0319 0.2825 0.0300 0.2669 0.0300 0.2900 0.0800 0.7100 -12- • • 11 Ten Largest Taxpayers 1989 % of Total Taxable Taxable Assessed Assessed Name of Taxpayer Nature of Propert Valuation Valuation Union Carbide Chemical Plastics 410,337,619 25.47% Alcoa Aluminum Company Chemicals 266,919,554 16.57% BP Chemicals Incorporated Chemicals 151,761,363 9.42% Formosa Plastics Corporation of Texas Chemicals 123,613,989 7.67% Carbon Graphite Group, Incorporated Chemicals 49,696,267 3.02% Newman Production Company Pipeline/Oil 41,213,980 2.56% Central Power & Light Utility 34,940,267 2.17% Seadrift Polypropylene Chemicals 25,039,600 1.55% General Telephone Company Utility 16,534,114 1.03% • Exxon Pipeline/Oil 15,461,230 0.96% 70.420.6 1,134,517,782 Tax Rate Limitation General O erations• Limited Tax Bonds Time Warrants and Certificates of Obli ation ... Texas Constitution Article VIII, Section 9 imposes a limit of 0.80 per 100 assessed valuation for all purposes of General Fund, Permanent Improvement Fund, Road and Bridge Fund and Jury Fund, including debt service of bonds, warrants or Certificates of Obligation issued against such funds. The Attorney General of Texas will not approve limited tax obligations in an amount which produces debt service requirements exceeding that which can be paid from $0.40 of the foregoing $0.80 maximum tax rate calculated at 90% collection. The Certificates are limited tax obligations payable from the Constitutional tax rate. Road Maintenance (Special Road and Bride Tax) ... Imposed by Texas Constitution (Article Vlll, Section 9), 0.15 per 100 Assessed Valuation, no part of which may be used for debt service. Farn-To-Market and Flood Control Purposes ... Imposed by Texas Constitution (Article VIII, Section 1-a), 50.30 per sloo assessed valuation after exemption of homesteads up to $3,000; no allocation prescribed by statute between debt service and maintenance. By each September 1 or as soon thereafter as practicable, the Commissioners Court adopts a tax rate per $100 taxable value for the current year. The tax rate consists of two components: (1) a rate for funding of maintenance and operation expenditures, and (2) a rate for debt service. Under the Tax Code: The County must annually calculate and publicize its "effective tax rate" and "rollback tax rate". The • Commissioners Court may not adopt a tax rate that exceeds the lower of the rollback tax rate or 103% of the effective tax rate until it has held a public hearing on the proposed increase following notice to the taxpayers and otherwise complied with the Tax Code. The Tax Code provides that if the adopted tax rate exceeds the rollback tax rate the qualified voters of the County by petition may require that an election be held to determine whether or not to reduce the tax rate adopted for the current year to the rollback tax rate. "Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values (adjusted) less the "sales tax adjustment rate". "Sales tax adjustment rate" means the last four calendar quarters' additional sales tax revenue divided by the current year's total taxable values. "Rollback tax rate" means the rate that will produce last year's maintenance and operation expenses paid from property and sales taxes (adjusted) from this year's values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted) divided by the anticipated tax collection rate less,the sales tax adjustment rate. "Adjusted" means lost values are not included in the calculation of last year's taxes and new values are not included in this year's taxable values. The Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to authorize an additional one-half cent sales tax on retail sales of taxable items. If the additional tax is levied, the effective tax rate and the rollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year. The County does collect the additional one-half cent sales tax. Reference is made to the Tax Code for definitive requirements for the levy and collection of ad valorem taxes and the calculation of the various defined tax rates. -13- 0�1 Assessed Valuations, Tax Rates, Outstanding Debt and Authorized But Unissued Bonds of Consolidated Overlapping Taxing Jurisdictions(l) Taxing Jurisdiction Calhoun County Drainage District No. 6 Calhoun County Drainage District No. 8 Calhoun County Drainage District No. 10 Calhoun County Drainage District No. 11 Calhoun County Navigation District Calhoun County Water Control h Improvement District No. 1 Port O'Connor Municipal Utility District City of Port Lavaca City of Seadrift Calhoun County Independent School District 1989 Outstanding Authorized Taxable 1989 Tax Supported But Unissued Assessed Tax Debt As of Debt As of Valuation Rate 6-1-90 6-1-90 2,856,069 TO.0490 -0- None 4,979,372 0.2904 -0- None 5,541,599 0.1963 76,000 None 37,664,477 0.3043 259,000 None 802,072,252 0.0309 -0- None 461,101,081 0.0354 -0- None 57,162,441 0.0800 -0- None 190,569,788 0.6247 2,302,500 None 13,486,151 0.4848 68,000 None 1,571,209,118 0.9145 -0- None 1 A new Water Control and Improvement District has been formed and anticipates setting a tax rate of $0.01 for the 1990 tax year. The Appraisal District is currently working to determine the taxable assessed value for the District, but does not anticipate it to exceed $7,000,000. ' Source. "Texas Municipal Reports" published by the Municipal Advisory Council of Texas. -14- • 0 C J RE • n LJ 0 Debt Service Requirements Year Ending 12/31 19 11 1992 1993 1994 1995 1996 1997 1993 1999 2000 2001 Outstanding Bonds Principal Interest Total The Certificatess Principal Interest Total 20,000 38,584 , 53,584 30,000 32,585 62,585 35,000 30,318 65,319 35,000 27,850 62,850 40,000 25,168 65,163 45,000 22,085 67,085 45,000 18,778 63,778 50,000 15,238 65,238 55,000 11,286 66,286 60,000 6,915 66,915 60,000 2,310 62,310 Grand Total Requirements 58,584 62,585 65,318 62,850 65,168 67,085 63,778 65,238 66,236 66,915 62,310 $ -0- $ -0- $ -0- $ 475,000 $ 231,117 $ 706,117 $ 706,117 % of Principal Retired 33.68% 87.37% 100.0096 Estimated Direct and Consolidated Overlapping Funded Debt Payable From Ad Valorem Taxes (As of 6-1-90) Expenditures of the various taxing bodies within the territory of the County are paid out of ad valorem taxes levied by these taxing bodies on properties within the County. These political taxing bodies are independent of the County and may incur borrowings to finance their expenditures. The following statement of direct and estimated overlapping ad valorem tax bonds was developed from information contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas. Except for the amounts relating to the County, the County has not independently verified the accuracy or completeness of such information, and no person should rely upon such information as being accurate or complete. Furthermore, certain of the entities listed below may have issued additional bonds since the date stated in the table, and such entities may have programs requiring the issuance of substantial amounts of additional bonds the amount of which cannot be determined. The following table reflects the estimated share of overlapping funded debt of these various taxing bodies. Estimated Total % Overlapping Funded Debt Applicable Funded Debt Governmental Subdivision Calhoun County $ 475,000 100.00% 475 000(1) Total Governmental Subdivision 475,000 Special Districts Calhoun County Drainage District No. 6 $ -0- 100.00% $ -0- Calhoun County Drainage District No.3 -0- 100.0096 -0- Calhoun County Drainage District No. 10 76,000 100.00% 76,000 Calhoun County Drainage District No.11 259,000 100.00% 259,000 Calhoun County Navigation District -0- 100.00% -0- Calhoun County Water Control and Improvement District No. 1 -0- 100.00% -0- Port O' Connor Municipal Utility District -0- 100.00% -0- Total Special Districts 335,000 Cities Port Lavaca $2,302,500 100.00% $2,302,500 Seadrift 68,000 100.0006 68 000 Total Cities 2,370:500 School District Calhoun County Independent School District $ -0- 100.00% S -0- Total School Districts 0- Total Direct and Consolidated Overlapping Funded Debt $3,190,500 Ratio of Direct and Consolidated Overlapping Funded Debt to Taxable Assessed Valuation --------------------------------------------------- 0.20% Per Capita Consolidated Overlapping Funded Debt ---------------------------------- $144 (IT Includes the Certificates. Authorized But Unissued General Obligation Bonds The County does not have any authorized but unissued general obligation bonds. Anticipated Issuance of General Obligation Bonds The County anticipates the issuance of $7,500,000 certificates of obligation in July of 1990. -16- • • • Funded Debt Limitation Limited Tax Bonds Payable From the $0.80 Constitutional Tax Rate ... Article 722, V.A.T.C.S., limits the amount of bonds that may be issued for certain purposes as follows: Courthouse Bonds - 2% of Assessed Valuation Jail Bonds - 1 1/2% of Assessed Valuation Courthouse and Jail Bonds - 3 1/2% of Assessed Valuation Road and Bridge Bonds - 1 1/2% of Assessed Valuation However, courthouse, jail and certain othei= types of bonds may be issued under the authority of Article 2370b which removes the above limitations. • Article Vlll, Section 9, of the Texas Constitution, imposes a limit of $0.80 per $100 Assessed Valuation for all constitutional purposes, including the General Fund, Permanent Improvement Fund, Road and Bridge Fund and Jury Fund, and debt service of bonds, certificates, warrants and certificates of obligation issued against such funds. Administratively, the Attorney General of the State of Texas will permit allocation of $0.40 of the $0.30 constitutional tax rate for Limited Tax Bond debt service. The Certificates are Limited Tax Obligations payable from within the County's $0.80 constitutional tax rate. Unlimited Tax Road Bonds ... Article 111, Section 52, Texas Constitution, provides that Unlimited Tax Road Bond Debt may not exceed 25% of the County's assessed valuation of real estate. Other Obligations The County has the following unfunded debt outstanding as of May 1, 1990. Principal and Payment Amount Dated Interest Payment Frequency Outstandin July 1989 202.31 Monthly 5,057.75 December 1988 1,765.00 Annually 3,530.00 November 1988 395.00 Monthly 11 455.00 20 042.75 Pension Fund County officials and full-time employees of the County are members of the Texas County and District Retirement System (TCDRS), a non-profit agency established in 1967 by legislative act. All counties of the State are eligible to participate in TCDRS, and the Commissioners' Court elected to include the employees of the county hospital. The County and Memorial Medical Center are considered separate • member units under this plan. The TCDRS is a multiple -employer public employee retirement system (PERS) which provides pension, disability, and death benefits for all employees engaged in the performance of the duties of an elective or appointive office, or of any position of employment which normally requires performance of duty during not less than nine hundred (900) hours per year. Under the State law governing TCDRS, the contribution rate of a county is a fixed percent equal to the contribution rate payable by the employee member. Rates of 7% for the County and 5% for Memorial Medical Center were adopted by the Commissioners' Court of Calhoun County. These rates are not actudrially determined and are among the rates that can be adopted in accordance with the TCDRS Act. However, the plan of benefits adopted by the employer at the time of plan inception and when benefit increases are adopted is limited by statute to what the actuary determines can be adequately financed by the commitment of the employer to contribute the same amount as the employees. The statute specifies that the actuary's determination is based on a maximum period of 30 years for amortizing the unfunded pension benefit obligation. The plan provisions are designated by the governing body of Calhoun County, within the options available in the State statutes governing TCDRS. Members can retire at ages 60 and above with 10 or more years of service or with 30 years regardless of age or when the sum of their age and years of service equals 80 or more. A member is vested after 10 years but must leave his accumulated contributions in the plan. If a member withdraws his personal contributions in a lump -sum, he is not entitled to any amounts contributed by the employer. The amount of retirement benefits a retiree receives from the TCDRS is determined by the accumulated funding at time of retirement, actuarial tables of life expectancy, and upon certain options selected by the retiree upon retirement. Annuities are funded at time of retirement and may be periodically adjusted. is - 17 - Is Calhoun County and the members (employees) are joint contributors. Employer contribution information (exclusive of amounts withheld from employees) for 1989 and 1983 is as follows: Employer Total % of Total Contribution Payroll Payroll Calhoun County 1989 $163,025 $2,468,136 6.61% 1988 149,658 2,286,164 6.55% - Memorial Medical Center 1989 78,388 2,472,499 3.17% 1988 93,515 2,520,149 3.71% The actuarial value of the plan assets allocated to Calhoun County was $3,632,381 at December 31, 1988, the latest actuarial valuation report. I8 _ • • FINANCIAL INFORMATION C� • 0 General Fund Revenues and Expenditure History For Fiscal Year Ended December 31, 1989 1988 1987 1986 1985 Revenues Taxes $2,841,345 $2,923,254 $2,988,920 $3,172,845 $3,002,708 Licenses and Permits 16,613 13,010 15,445 14,969 25,228 Intergovernmental 108,970 53,553 53,307 63,995 63,490 Charges for Services 279,814 245,867 235,203 245,215 234,388 Fines and Forfeitures 119,341 100,301 106,737 128,236 145,127 Interest 374,840 339,881 393,694 535,784 457,938 Miscellaneous Total Revenues 31�905 .3 772 823 46 191 3 727 057 28 029 3 326 335335 _ 2_ 9 08? 4i�_195�1_26 �343 4 04�5 227 Expenditures General Administration Judicial Legal Elections Financial Administration Public Facilities Public Safety Environmental Protection Health and Welfare Culture and Recreation Conservation Miscellaneous Total Expenditures Excess (deficiency) of Revenues Over Expenditures Total Budgeted Transers Net Increase (Decrease) Beginning Fund Balance Ending Fund Balance Financial Administration $ 413,426 434,323 153,935 15,546 449,336 551,069 853,687 45,000 1,243,474 15I,130 76,149 84 798 4 471 873 $ 442,550 362,977 143,683 15,339 422,301 543,232 797,578 45,000 1,053,661 151,845 79,997 54 545 4 117 708 $ (699,045) $ (390,651) $ (111,589) (41,093) $ (810,633) $ (431,744) 2,860,005 2 049 372 3,394,433 $ 372,451 350,323 130,787 11,4G8 442,258 514,391 761,750 45,000 1,043,997 130,316 75,437 196 016 4 074 694 $ (243,359) $ 324,917 252,962 133,653 12,601 415,577 474,606 705,200 45,000 345,336 121,187 71,459 32 236 3 435 289 $ 759,837 $ 245,494 213,111 122,700 6,766 461,640 455,331 852,061 45,000 613,973 151,787 65,200 35 955 3 269 Ol8 $ 776,209 $ (9,584) $ (46,465) $ -0- $ (257,943) $ 713,372 $ 776,209 3,652,376 2,939,004 2,162,795 2 962 689 13,394,433 $3,652,376 $2,939,004 Under the State Constitution and State law, financial administration is the responsibility of the Commissioners Court, both as to policy and execution. The County Auditor assists the Commissioners Court in budget preparation, financial recordkeeping and auditing. The County Treasurer is the custodian of County funds. Financial Policies Basis of Accounting ... The accounting policies of Calhoun County, conform to generally accepted accounting principles. The modified accrual basis of accounting is used by all governmental fund types and agency funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become both measurable and available). "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures are recorded when the related fund liabilities are incurred. Prinipal and interest on general long-term debt are recorded as fund liabilities when due. General Fund Balance ... The County's budgetary goal is to maintain balances in the combined General Fund and Road and Bridge Fund equal to approximately four month's expenditures for operations. Debt Service Fund Balance ... The County's policy will be to build-up a small cash balance in the Debt Service Fund with collection of adequate tax revenues to provide full debt service. Budgetary Procedures ... The County's Fiscal Year begins January 1 and ends December 31. The annual budget is prepared by the County Auditor's office under the direction of and with the advice of the Commissioners Court. Department heads and departments commence preparation of departmental - 19 - �� budgets in June. The Commissioners Court reviews each departmental budget and completes budget preparation during July and August. The Commissioners Court approves the final budget and sets the County's tax rate in September. Fund Investments ... The County's investment policy parallels state laws which govern the investment of public funds, particularly the Public Funds Investment Act of 1987. Funds are invested to maximize yield, with safety of principal and liquidity as primary objectives. The County generally restricts investments to direct obligations of the United States Government, governmental agencies, and to insured or • collateralized bank certificates of deposit, primarily with the County's depository bank. • • -20- OTHER RELEVANT INFORMATION Ratings Presently the County does not have any tax supported debt outstanding. Tax Exemption In the opinion of McCall, Parkhurst he Horton, Dallas, Texas, Bond Counsel, under existing statutes, regulations, published rulings and court decisions, interest on the Certificates is excludable from the gross income of the owners of the Certificates for federal income tax purposes. In expressing their opinion that interest on the Certificates is excludable from the gross income of the owners of the Certificates, Bond Counsel will rely on the County's no -arbitrage certificate, and will assume compliance by the County with • certain covenants of the County with respect to the use and investment of the proceeds of the Certificates. Failure by the County to comply with these covenants may cause the interest on the Certificates to become includable in gross income retroactively to the date of issuance of the Certificates. A portion of the interest on the Certificates will be includable as an adjustment for book income or adjusted earnings and profits to calculate alternative minimum taxable income for purposes of determining the alternative minimum tax imposed on corporations by section 55 of the Internal Revenue Code of 1986 (the "Code"), and for purposes of the environmental tax imposed on corporations by section 59A of the Code. In addition, certain foreign corporations doing business in the United States may be subject to the new "branch profits tax" on their effectively -connected earnings and profits including tax- exempt interest such as interest on the Certificates. Furthermore, in the case of an 5 corporation, interest on the Certificates is treated as "passive investment income" which is subject to the tax imposed by section 1375 of the Code. The Code includes as an individual and corporate alternative minimum tax preference item, the interest on certain "private activity bonds" issued after August 7, 1986. In the opinion of Bond Counsel, the interest on the Certificates is not an alternative minimum tax preference item under section 57(a)(5) of the Code. Except as stated above with respect to the exclusion of the interest on the Certificates from gross income, Bond Counsel expresses no opinion as to any other federal income tax consequences of acquiring, carrying, owning or disposing of the Certificates. The law upon which Bond Counsel has based their opinion is subject to change by the Congress and the Department of the Treasury and to subsequent judicial and administrative interpretation. There can be no assurance that such law or the interpretation thereof will not be changed in a manner which would adversely effect the tax treatment of ownership of the Certificates. • Prospective purchasers of the Certificates should be aware that the ownership of tax-exempt obligations may result in collateral federal income tax consequences to financial institutions, property and casualty insurance companies, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax- exempt obligations. Prospective purchasers falling within any of these categories should consult their own tax advisors as to the applicability of these consequences. • Qualified Tax -Exempt Obligations Section 265 of the Code provides, in general, that interest expense incurred to acquire or carry tax- exempt obligations is not deductible from the gross income of the holder. For certain holders that are "financial institutions" within the meaning of such section, complete disallowance of such expense would apply to taxable years beginning after December 31, 1986, with respect to tax-exempt obligations acquired after August 7, 1986. Section 265(b) of the Code provides an exception to this rule for interest expense incurred by financial institutions to carry tax-exempt obligations (other than private activity bonds) which are designated by an issuer as "qualified tax-exempt obligations." The County may only designate an issue as an issue of "qualified tax-exempt obligations" where not more than $10 million of tax-exempt obligations are issued by the County during the calendar year in which the issue so designated is issued. The County expects to designate the Certificates as "qualified tax-exempt obligations." Furthermore, the County will represent that it has or will take such action as is necessary for the Certificates to constitute "qualified tax-exempt obligations:' Accordingly, it is anticipated that financial institutions that purchase the Certificates will not be subject to the 100 percent disallowance of interest expense under section 265 of the Code. However, such purchasers would be subject to the 20 percent interest disallowance rule applicable under prior law. -21- 899 Tax Accounting Treatment of Original Issue Discount The initial public offering price to be paid for one or more maturities of the Certificates (the "Original Issue Discount Certificates") may be less than the principal amount thereof. In such event, the difference between (i) the amount payable at the maturity of each Original Issue Discount Certificate, and (ii) the initial offering price to the public of such Original Issue Discount Certificate constitutes original issue discount with respect to such Original Issue Discount Certificate in the hands of any owner who has purchased such Original Issue Discount Certificate in the initial public offering of the Certificates. Under • existing law, such initial owner is entitled to exclude from gross income (as defined in Section 61 of the Code) an amount of income with respect to such Original Issue Discount Certificate equal to that portion of the amount of such original issue discount allocable to the period that such Original Issue Discount Certificate continues to be owned by such owner. See "Tax Exemption" herein for a discussion of certain collateral federal tax consequences. In the event of the redemption, sale or other taxable disposition of such Original Issue Discount Certificate prior to stated maturity, however, the amount realized by such owner in excess of the basis of such Original Issue Discount Certificate in the hands of such owner (adjusted upward by the portion of the original issue discount allocable to the period for which such Original Issue Discount Certificate was held by such initial owner) is includable in gross income. Under existing law, the original issue discount on each Original Issue Discount Certificate is accrued daily to the stated maturity thereof (in amounts calculated as described below for each six-month period ending on the date before the semiannual anniversary dates of the date of the Certificates and ratably within each such six-month period) and the accrued amount is added to an initial owner's basis for such Original Issue Discount Certificate for purposes of determining the amount of gain or loss recognized by such owner upon the redemption, sale or other disposition thereof. The amount to be added to basis for each accrual period is equal to (a) the sum of the issue price and the amount of original issue discount accrued in prior periods multiplied by the yield to stated maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period) less (b)the amounts payable as current interest during such accrual period on such Certificate. The federal income tax consequences of the purchase, ownership, redemption, sale or other disposition of Original Issue Discount Certificates which are not purchased in the initial offering at the initial offering price may be determined according to rules which differ from those described above. All owners of Original Issue Discount Certificates should consult their own tax advisors with respect to the determination for federal, state and local income tax purposes of interest accrued upon redemption, sale or other disposition of such Original Issue Discount Certificates and with respect to the federal, state, • local and foreign tax consequences of the purchase, ownership, redemption, sale or other disposition of such Original Issue Discount Certificates. Litigation It is tite opinion of the County Attorney and County Staff that there is no pending litigation against the County that would have a material adverse financial impact upon the County or its operations. Registration and Qualification of Certificates for Sale The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the exemption provided thereunder by Section 3(a) (2); and the Certificates have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any jurisdiction. The County assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions. Legal Investments and Eligibility to Secure Public Funds in Texas Section 9 of the Bond Procedures Act provides that the Certificates "shall constitute negotiable instruments, and are investment securities governed by Chapter 8, Texas Uniform Commercial Code, notwithstanding any provisions of law or court decision to the contrary, and are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking fund of cities, towns, villages, school districts, and other political subdivisions or public agencies of the State of Texas". Such Act further provides that the Certificates are eligible to secure deposits of any public funds of the state, • its agencies and political subdivisions, and are legal security for those deposits to the extent of their market value. No review by the County has been made of the laws in other states to determine whether the Certificates are legal investments for various institutions in those states. _22- 9O0 Legal Opinions and No -Litigation Certificate The County will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Certificates, including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Certificate and to the effect that the Certificates are valid and legally binding obligations of the County, and based upon examination of such transcript of proceedings, the approving legal opinion of Bond Counsel, to like effect and to the effect that the interest on the Certificates will be excludable from gross income for federal income tax purposes under Section 103(a) of the Code, subject to the matters described under "Tax Exemption" herein, including the alternative minimum tax on corporations. The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates, or which would affect the provision made for their payment or security, or in any manner questioning the validity of said Certificates will also be furnished. Bond Counsel was not requested to participate, and did not • take part, in the preparation of the Limited Offering Memorandum, and such firm has not assumed any responsibility with respect thereto or undertaken independently to verify any of the information contained therein, except that, in its capacity as Bond Counsel, such firm has reviewed the information describing the Certificates in the Limited Offering Memorandum to verify that such description conforms to the provisions of the Order. The legal fee to be paid Bond Counsel for services rendered in connection with the issuance of the Certificates is contingent on the sale and delivery of the Certificates. The legal opinion will be printed on the Certificates. Authenticity of Financial Data and Other Information The financial data and other information contained herein have been obtained from the County's records, audited financial statements and other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained herein will be realized. All of the summaries of the statutes, documents and resolutions contained in this Limited Offering Memorandum are made subject to all of the provisions of such statutes,documents and resolutions. These summaries do not purport to be complete statements of such provisions and reference is made to such documents for further information. Reference is made to original documents in all respects. Financial Advisor First Southwest Company is employed as Financial Advisor to the County in connection with the issuance of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and delivery of the Certificates. First Southwest Company, in its capacity as Financial Advisor, has not verified and does not assume any responsibility for the information, covenants and representations contained in any of the bond documentation with respect to the federal income tax status of the Certificates. Certification of the Limited Offering Memorandum • At the time of payment for and delivery of the Certificates, the Purchaser will be furnished a certificate, executed by proper officers, acting in their official capacity, to the effect that to the best of their knowledge and belief: (a) the descriptions and statements of or pertaining to the County contained in its Limited Offering Memorandum, and any addenda, supplement or amendment thereto, on the date of such Limited Offering Memorandum, on the date of sale of said Certificates and the acceptance of the best bid therefor, and on the date of the delivery, were and are true and correct in all material respects; (b) insofar as the County and its affairs, including its financial affairs, are concerned, such Limited Offering Memorandum did not and does not contain an untrue statement of a material fact or ornit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (c) insofar as the descriptions and statements, including financial data, of or pertaining to entities, other than the County, and their activities contained in such Limited Offering Memorandum are concerned, such statements and data have been obtained from sources which the County believes to be reliable and the County has no reason to believe that they are untrue in any material respect; and (d) there has been no material adverse change in the financial condition of the County since the date of the last audited financial statements of the County. The Order authorizing the issuance of the Certificates will also Limited Offering Memorandum, and any addenda, supplement or further use in the reoffering of the Certificates by the Purchaser. ATTEST: MARY LOIS McMAHAN CountyClerk -I• �p • / /h. !�"��. 1 23 JVi APPENDIX A GENERAL INFORMATION REGARDING THE COUNTY • E 9102 The County Calhoun County, organized in 1846, is a South Texas Gulf Coast County and has an area of approximately 540 square miles. The City of Port Lavaca, the County Seat, is the largest city and principal commercial center for the County. The City is located at the end of U.S. Highway 37. Population Port Lavaca Calhoun County 1950 U.S. Census 5,599 8,694 1960 U.S. Census 9,222 16,477 1970 U.S. Census 10,491 17,831 1980 U.S. Census 10,911 19,574 1990 Estimate (1) 13,075 22,150 • (1) Source: Port Lavaca Chamber Commerceand County officials. of Economy Calhoun County's economy is primarily based on manufacturing, abribusiness, petroleum, tourism, fishing and fish process. Dun and Bradstreet rates 224 business establishments. The primary employers of the County include: Number of Name Industr Employees 1. Union Carbide Chemicals Plastics 1,250 2. Aluminum Company of America Chemicals 961 3. Calhoun County Independent School District School District 573 4. H.B. Zachary Construction 350 5. Formosa Plastics Corporation of Texas Chemicals 286 6. King Fisher Marine Service Dredging 250 7. B P Chemicals Incorporated Chemicals 147 8. Carbon Graphite Group, Incorporated Graphite 109 9. General Telephone Utility 98 10. Clegg Shrimp Company Wholesale Seafood 75 Employment and Wages by Industry(1)(2) Fourth Quarter. 1989 1983 1987 1996 Agriculture 30 80 100 113 Mining 73 71 61 186 Construction 1,591 1,991 1,662 1,241 • Manufacturing 2,962 2,754 2,793 3,040 Transportation 211 232 236 271 Trade 1,404 1,439 1,346 1,346 Finance, Insurance and Real Estate 260 224 231 283 Service 831 605 536 451 State Government 63 62 61 55 Local Government 1,152 1.094 1,108 1,115 Total 3,627 8,552 8,134 8,101 Total Wages $59,733,905 $54,065,107 $49,917,088 $46,534,422 1) Source. Texas Employment Commission. (2) Statistics do not include Federal employees or their wages. Labor Force Statistics for Calhoun County (1) 1990(2) 1989(3) 1988(3) 1987(3) 1986(3) Civilian Labor Force 9,723 9,747 9,536 9,713 9,781 Total Employed 9,116 9,037 8,626 8,636 8,591 Unemployed 607 710 910 1,077 1,200 • Unemployment 6.2% 7.3% 9.5% 11.1% 12.3% % Unemployment (Texas) 6.2% 6.7% 7.3% 8.4% 8.9% % Unemployment (United States) 5.1% 5.3% 5.5% 6.2% 7.0% (1) Source: Texas Employment Commission. (2) As of May, 1990. (3) Average Annual Statistics. • A - 1 9 )3 Transportation Within the County is one U.S. Highway and two State Highways, as well as numerous County and farm -to -market roads. Freight service is provided by Missouri Pacific, Southern Pacific and -Point Comfort Northern. Four motor freight lines and one major busline also serve the area. Calhoun County has a 5,000 foot asphalt runway. The Victoria Regional Airport located 26 miles northwest of Port Lavaca, offers commuter air service to Houston Intercontinental Airport with five daily flights to and from Houston. Medical Medical care is provided at a 75-bed J.C.A.H. Certified Acute Care Hospital in Port Lavaca and a clinic. The Hospital has 15 active local physicians specializing in general practice, internal medicine, pediatrics, surgery and obstetrics/nursery. Education The boundaries of the County are coterminous with the Calhoun County Independent School District. Historical enrollment for the District is as follows: 1989/1990 1988/1989 1987/1988 1986/1987 1985/1986 Harrison Elementary 335 363 416 489 463 Jackson Elementary 449 427 396 395 356 Jefferson Elementary 365 359 364 351 387 Madison Elementary 342 320 356 342 355 Point Comfort Elementary 140 145 163 159 155 Port O'Connor School 95 90 104 114 130 Roosevelt Elementary 261 283 262 211 227 Seadrift Elementary 237 235 261 252 253 29b Crockett Middle School 273 275 227 262 Fannin Middle School 113 106 103 101 114 Travis Middle School 515 522 562 652 620 Calhoun High School 1.077 1,127 1,217 1,197 1,212 4,202 4,252 4,431 4,525 4,55$ Higher education facilities include Victoria College and University of Houston - Victoria located in Victoria approximately 26 miles from Port Lavaca. Financial Institutions Three banks serve the area, two in Port Lavaca and one in Seadrift. Historical bank deposits as of December 31st, are as follows: 1989 1988 1987 1986 1985 The First National Bank in Port Lavaca $ 59,977,000 $ 59,589,000 $ 54,347,950 $ 51,707,955 $ 51,636,072 First State Bank and Trust Company 108,413,000 105,424,000 104,984,009 109,300,218 105,992,376 Seaport Bank 14 127 000 182:417:000 13 002 000 177:015:000 12 516 439 171,848,393 11 419 929 172,428,102 12 754 735 170:383:183 A - 2 • • • 9014 • • APPENDIX 6 EXCERPTS FROM THE CALHOUN COUNTY, TEXAS ANNUAL FINANCIAL REPORT For the Year Ended December 31, 1989 The information contained in this Appendix consists of excerpts from the Calhoun County Annual Financial Report for the Year Ended December 31, 1989, and is not intended to be a complete statement of the County's financial condition. Reference is made to the complete Report for further information. 9v5 APPENDIX C FORM OF BOND COUNSEL'S OPINION • • • 9v6 CERTIFICA17E FOR ORDER AUTHORIZING THE ISSUANCE OF COMBINATION TAX AND LIBRARY REVENUE CERTIFICATES OF OBLIGAITON THE STATE OF TEXAS COUNTY OF CALHOUN We, the undersigned officers of said County, hereby certify as follows: 1. The Commissioners Court of said County convened in REGULAR MEETING ON THE 25TH DAY OF JUNE, 1990, at the County Courthouse, and the roll was called of the duly constituted officers and members of said Commissioners Court, to wit: Alex Hernandez, County Judge Leroy Belk, Commissioner, Precinct 1 Stanley Mikula, Commissioner, Precinct 2 Roy Smith, Commissioner, Precinct 3 • Oscar F. Hahn, Commissioner, Precinct 4 and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, Among other business, the following was transacted at said Meeting: a written ORDER AUTHORIZING THE ISSUANCE OF COMBINATION TAX AND LIBRARY REVENUE CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said Commissioners Court and read in full. It was then duly moved and seconded that said Order be adopted; and, after due discussion, said motion carrying with it the adoption of said Order, prevailed and carried by the following vote: AYES: All members of said Commissioners Court shown present above voted "Aye", except ABSTENTIONS: NOES: 2. That a true, full and correct copy of the aforesaid Order adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Order has been duly recorded in said Commissioners Court's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said Commissioners Court's • minutes of said Meeting pertaining to the passage of said Order; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Commissioners Court as indicated therein; that each of the officers and members of said Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Order would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the 9vd public and public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes. 3. That the County Judge of said County has approved and hereby approves the aforesaid Order; that the County Judge and the County Clerk of said County have duly signed said Order; and that the County Judge and the County Clerk of said County hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 25th, day of June, 1990. County erK�; 1 (SEAL)!' '.i ,1�• a • • County Judg • 9108 • ORDER AUTHORIZING THE ISSUANCE OF COMBINATION TAX AND LIBRARY REVENUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, the Commissioners Court of Calhoun County, Texas (the "County") desires to establish, maintain and operate a new free county library pursuant to Chapter 323, Texas Local Government Code, as amended; WHEREAS, the Commissioners Court of the County intends to finance the construction of a new county library and the acquisition of furniture and equipment related thereto from proceeds derived from the sale of Certificates of Obligation herein authorized to be issued by the County pursuant to Sections 271.041 - 271.063, Texas Local Government Code, as amended; • WHEREAS, the Commissioners Court has heretofore, on the 31st day of May, 1990, adopted an order authorizing and directing the County Clerk to give notice of intention to issue Certificates of Obligation; and WHEREAS, said notice has been duly published in the Port Lavaca Wave, which is a newspaper of general circulation in the Issuer in its issues of June 4, 1990 and June 11, 1990; and WHEREAS, beginning at 10:00 a.m. on June 20, 1990, the Commissioners Court held a Special Meeting to hear public comments relating to the issuance of such Certificates of Obligation, and during such meeting the County Judge announced that the Commissioners Court would not formally authorize the issuance of such Certificates of Obligation during such meeting, but that the Commissioners Court would meet on Monday, June 25, 1990 at 10:00 a.m. to authorize the issuance of such Certificates of Obligation; and WHEREAS, the Issuer received no petition signed by at least five percent of the qualified electors of the Issuer protesting the issuance of such Certificates of Obligation; and WHEREAS, it is considered to be in the best interest of the Issuer that said interest bearing Certificates of Obligation be issued. WHEREAS, it is hereby officially found and determined that the meeting at which this order was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Art. 6252-17, Vemon's Texas Civil Statutes. • THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS THAT: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES OF OBLIGATION. The certificates of obligation of Calhoun County, Texas are hereby authorized to be issued and delivered in the aggregate principal amount of $475,000, FOR THE PURPOSE OF PAYING, IN WHOLE OR IN PART, CONTRACTUAL OBLIGATIONS TO BE INCURRED BY THE t t COUNTY IN ORDER TO CONSTRUCT, FURNISH AND EQUIP A NEW COUNTY LIBRARY TO BE ESTABLISHED, MAINTAINED AND OPERATED BY THE COUNTY, AND TO PAY ALL OR A PORTION OF THE LEGAL, FISCAL AND ENGINEERING FEES IN CONNECTION WITH THIS PROJECT. Section 2. DESIGNATION, DATE, DENOMINATION, NUMBERS, AND MATURITIES OF CERTIFICATES OF OBLIGATION. Each certificate of obligation issued pursuant to this Order shall be designated: "CALHOUN COUNTY, TEXAS COMBINATION TAX AND LIBRARY REVENUE CERTIFICATE OF OBLIGATION, SERIFS 1990," and there shall be issued hereunder fully registered certificates of obligation, without interest coupons, dated as of July 1, 1990 in the denomination of $5,000 or any integral multiple thereof, numbered consecutively from R-1 upward (the "Certificates of Obligation"), payable to the initial registered owners thereof. (as shown in Section 15 hereof) or to the registered assignee of any of said Certificates of Obliga- tion (in each case, the "Registered Owner"), and the Certificates of Obligation shall mature and be payable serially on February 15 in each of the years and in the principal amounts, respectively, as set forth in the following schedule: YEARS AMOUNTS YEARS AMOUNTS 1991 $20,000 1997 $45,000 5' 1992 30,000 1998 50,000 1993 35,000 1999 55,000 1994 35,000 2000 60,000 �S 1995 40,000 2001 60,000 (05 1996 45,000 Section 3. INTEREST. The Certificates of Obligation shall bear interest from the dates specified in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Order to their respective dates of maturity at the following per annum rates: Maturities 1991 ........ 6.80% Maturities 1997 ........ 7.40% Maturities 1992 ........ 6.95% Maturities 1998 ........ 7.50% Maturities 1993 ........ 7.00% Maturities 1999 ........ 7.55% Maturities 1994 ........ 7.10% Maturities 2000 ........ 7.65% Maturities 1995 ........ 7.20% Maturities 2001 ........ 7.70% Maturities 1996 ........ 7.30% Said interest shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Order. Section 4. CHARACTERISTICS OF THE CERTIFICATES OF OBLIGATION. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of Victoria Bank & Trust Co., Victoria, Texas (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates of Obligation (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying • • • 910 • Agent/Registrar shall make such transfers and registrations as herein provided. Attached hereto as Exhibit A is a copy of the Paying Agcnt/Registrar Agreement between the Issuer and the Paying Agent/Registrar which is hereby approved in substantially final form, and the County Judge and County Clerk of the Issuer are hereby authorized to execute the Paying Agenl\Registrar Agreement and approve any changes in the final form thereof. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate of Obligation to which payments with respect to the Certificates of Obligation shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate of Obligation may be transferred in the Registration Books only upon presentation and surrender of such Certificate of Obligation to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying • Agent/Registrar evidencing the assignment of the Certificate of Obligation. A form of assignment shall be printed or endorsed on each Certificate of Obligation which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Certificate of Obligation for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall make notation of such transfer in the Assignment section appearing on each Certificate of Obligation, and deliver the Certificate of Obligation to the assignee. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate of Obligation during the period commencing with the close of'business on any Record Date and ending with the opening of business on the next following principal or interest payment date. (b) Ownership of Certificates of Obligation. The entity in whose name any Certificate of Obligation shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Order, whether or not such Certificate of Obligation shall be overdue, and the Issuer and the Paying Agent/Rcgistrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Certificate of Obligation shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate of Obligation to the extent of the sum or sums so paid. • (c) Payment of Certificates of Obligation and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates of Obligation, and to act as its agent to replace Certificates of Obligation, all as provided in this Order. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates of Obligation, and of all replacements of Certificates of Obligation, as provided in this Order. 911 • (d) Replacement of Certificates of Obligation; Authentication. Each Certificate of Obligation issued and delivered pursuant to this Order may be replaced as provided in Section 4 and Section 10 of this Order. If any Certificate of Obligation is replaced the substitute Certificate of Obligation issued in replacement for such Certificate of Obligation thereof shall be in the denomination of $5,000 and have a principal maturity date corresponding to the maturity date of the principal of the Certificate of Obligation it is replacing; and each such Certificate of Obligation shall bear interest at the rate applicable to and borne by the Certificate of Obligation it is replacing. The Paying Agent/Registrar shall replace Certificates of Obligation as provided herein, and each fully registered certificate of obligation delivered in replacement of any Certificate of Obligation as permitted or required by any provision of this Order shall constitute one of the Certificates of Obligation for all purposes of this Order, and may again be replaced. Each Certificate of Obligation delivered in replacement of another Certificate of Obligation shall be • dated the same date as the Certificates of Obligation originally issued hereunder. The Certificates of Obligation originally issued and delivered pursuant to this Order are not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate of Obligation issued in replacement of any Certificate of Obligation or Certificates of Obligation issued under this Order there shall be printed a certificate, in the form substantially as follows: PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Order described on the face of this Certificate of Obligation; and that this Certificate of Obligation has been issued in replacement of a certificate of obligation which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated Paying Agent/Registrar By Authorized Representative An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate of Obligation, date and manually sign the above Certificate, and no such Certificate of Obligation shall be deemed to be issued or outstanding unless such Certificate is so executed. The • Paying Agent/Registrar promptly shall cancel all Certificates of Obligation, if any, surrendered for replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing replacement of any Certificate of Obligation, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates of Obligation in the manner prescribed herein, and said Certificates of Obligation shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of replacement of Certificates of Obligation as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the substitute • Certificate of Obligation shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates of Obligation which originally were issued and delivered pursuant to this Order, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (e) In General. The Certificates of Obligation originally issued hereunder and all Certificates of Obligation issued in replacement of any Certificate of Obligation (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates of Obligation to be payable only to the registered owners thereof, (ii) may be transferred and assigned, (iii) shall have the characteristics, (iv) shall be signed and sealed, and (v) the principal of and interest on the Certificates of Obligation shall be payable, all as provided, and in the manner required or indicated, in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Order. (f) )moment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Certificates of Obligation that it will pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates of Obligation, when due. • (g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Certificates of Obligation that at all times while the Certificates of Obligation are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates of Obligation under this Order, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Order. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates of Obligation, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates of Obligation, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Order, and a certified copy of this Order shall be delivered to each Paying Agent/Registrar. Section 5. FORM OF CERTIFICATES OF OBLIGATION. The form of the Certificates • of Obligation and all Certificates of Obligation issued in replacement of any Certificate of Obligation, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas and the Delivery Certificate to appear on the Certificates of Obligation originally issued hereunder, the form of Paying Agent/Registrar's Certificate to appear on any replacement Certificate of Obligation, and the Form of Assignment to appear on each of the �913 Certificates of Obligation, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Order. FORM OF CERTIFICATE OF OBLIGATION NO. R•_ UNITED STATES OF AMERICA PRINCIPAL STATE OF TEXAS AMOUNT $ CALHOUN COUNTY, TEXAS COMBINATION TAX AND LIBRARY REVENUE CERTIFICATE OF OBLIGATION SERIES 1990 INTEREST RATE MATURITY DATE DATE OF SERIES CUSIP NO. % July 1, 1990 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, CALHOUN COUNTY, TEXAS (the "Issuer" or the "County"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns (hereinafter called the "registered owner") the principal amount set forth above, and to pay interest thereon from July 1, 1990, on February 15, 1991 and semiannually on each August 15 and February 15 thereafter to the maturity date specified above, at the interest rate per annum specified above; except that if this Certificate of Obligation is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate of Obligation or Certificates of Obligation, if any, for which this Certificate of Obligation is being exchanged is due but has not been paid, then this Certificate of Obligation shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate of Obligation are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate of Obligation shall be paid to the registered owner hereof upon presentation and surrender of this Certificate of Obligation at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of Victoria Bank & Trust Co., Victoria, Texas, which is the "Paying Agent/Registrar" for this Certificate of Obligation. The payment of interest on this Certificate of Obligation shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Certificates of Obligation (the "Order") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first - • is • 914 class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month next preceding such date (the "Record Date") on the Registration Books kept by the Paying Agent/Rcgistrar, as hereinafter described. In addition, interest may be paid by such other method acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a nonpayment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the "Special Payment Date" which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of each owner of a Certificate of Obligation appearing on the books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. The Issuer covenants with the registered owner of this Certificate of Obligation that on or before each principal payment date and interest payment dale for this Certificate of Obligation it • will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Order, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates of Obligation, when due. IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE OF OBLIGATION is one of a series of Certificates of Obligation dated as of July 1, 1990, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $475,000, FOR THE PURPOSE OF PAYING, IN WHOLE OR IN PART, CONTRACTUAL OBLIGATIONS TO BE INCURRED BY THE COUNTY IN ORDER TO CONSTRUCT, FURNISH AND EQUIP A NEW COUNTY LIBRARY TO BE ESTABLISHED, MAINTAINED AND OPERATED BY THE COUNTY, AND TO PAY ALL OR A PORTION OF THE LEGAL, FISCAL AND ENGINEERING FEES IN CONNECTION WITH THIS PROJECT. THIS CERTIFICATE OF OBLIGATION may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates of Obligation, upon the terms and conditions set forth in the • Order. Among other requirements for such assignment and transfer, this Certificate of Obligation must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate of Obligation to the assignee in whose name this Certificate of Obligation is to be transferred and registered. The form of Assignment printed on this Certificate of Obligation shall be executed by the registered owner, or its duly authorized 7 attorney or representative, to evidence the assignment hereof. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate of Obligation during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. The registered owner of this Certificate of Obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate of Obligation to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. IN THE EVENT any Paying Agent/Registrar for the Certificates of Obligation is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Order that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Certificates of Obligation. IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation, as such interest comes due, and as such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed by law; and that this Certificate of Obligation is additionally secured by a lien on and pledge of certain Net Revenues of said Issuer's county library, all as provided in the Order authorizing the Certificates of Obligation. BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby acknowledges all of the terms and provisions of the Order, agrees to be bound by such terms and provisions, acknowledges that the Order is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provsions of this Certificate of Obligation and the Order constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the manual or facsimile signature of the County Judge of the Issuer and countersigned with the manual or facsimile signature of the County Clerk of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate of Obligation. (facsimile signature) County Clerk (COUNTY SEAL) (facsimile signature) County Judge • • is 916 • is • FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. _ I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this (COMPTROLLER'S SEAL) xxxxx xxxxxnooa Comptroller of Public Accounts of the State of Texas FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate of Obligation is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Order described in the text of this Certificate of Obligation; and that this Certificate of Obligation has been issued in exchange for a certificate of obligation which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated Paying Agent/Registrar Authorized Representative qiV • FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code of Transferee) • the within Certificate of Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Certificate of Obligation on the books kept for registration thereof, with full power of substitution in the premises. Dated: • 918 10 • • E Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Certificate of Obligation in every particular, without alteration or enlargement or any change whatsoever. Section 6. TAX LEVY. That a special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer at an official depository bank of the Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and the principal of said Certificates of Obligation. All ad valorem taxes levied and collected for and on account of said Certificates of Obligation shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of the Certificates of Obligation or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates of Obligation as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of the Certificates of Obligation as such principal matures (but never less than 2% of the original principal amount of the Certificates of Obligation as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates of Obligation or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund created by this Order. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates of Obligation, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 7. NET REVENUES. The Certificates of Obligation additionally shall be payable from and secured by revenues from book fines derived by the Issuer from the ownership and operation of the Issuer's county library (to be constructed with proceeds of the Certificates of Obligation) remaining after payment of all amounts constituting operation and maintenance expenses of said county library (the "Net Revenues"). If, for any reason, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 6 hereof to the credit of the Interest and Sinking Fund in an amount sufficient to pay, when due, the principal of and interest on the Certificates of Obligation, then Net Revenues may be deposited to the credit of the Interest and Sinking Fund and used to pay such principal and/or interest. 11 t t • Section 8. CONSTRUCTION FUND. (a) There is hereby created and established in the depository of the Issuer, a fund to be called the Calhoun County, Texas Combination Tax and Library Revenue Certificates of Obligation (Series 1990) Construction Fund - (herein called the "Construction Fund"). All proceeds from the sale and delivery of any Certificate of Obligation (other than proceeds representing accrued interest on such Certificate of Obligation, if any, which shall be deposited in the Interest and Sinking Fund) shall be deposited in the Construction Fund. The Construction Fund may be invested from time to time in any investment authorized in the Public Funds Investment Act of 1987 (Article 842a-2, Vernon's Texas Civil Statutes), as amended, or authorized by other applicable law at the direction of the County Judge or County Auditor of the Issuer. Income and profits from such investments shall be deposited in the Construction Fund; however, any such income and profits may be withdrawn by the Issuer (at the direction of the County Judge or County Auditor of the Issuer) and deposited in the Interest and Sinking Fund to pay all or a portion of the interest next coming due on the Certificates of Obligation. After • completion of the project being financed with proceeds of the Certificates of Obligation, if any of such interest earnings remain on deposit in the Construction Fund, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates of Obligation from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. (b) Funds on deposit in the Construction Fund shall be secured by the Depository of the Issuer in the manner and to the extent required by law to secure other public funds of the Issuer. (c) Money in the Construction Fund shall be subject to disbursements by the Issuer for payment of all costs incurred in carrying out the purpose for which the Certificates of Obligation are issued, including but not limited to cost for construction, engineering, architecture, financing, financial consultants and legal services related to the project being financed with proceeds of the Certificates of Obligation and the issuance of the Certificates of Obligation. Section 9. EMPOWERED. That the County Judge, the County Auditor and the County Clerk are hereby ordered to do any and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund of this issue in ample time to pay such items of principal and interest. Section 10. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning • of this Order, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Govemment Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until 12 • -- all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Order, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and limes as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section, shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book -entry • form. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Order. Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES OF OBLIGATION. (a) Replacement Certificates of Obligation. In the event any outstanding Certificate of Obligation is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of obligation of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate of Obligation, in replacement for such Certificate of Obligation in the manner provided in Section 4(d) and this Section 11. (b) Application for Replacement Certificates of Obligation. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates of Obligation shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate of Obligation, the registered owner applying for a replacement certificate of obligation shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate of Obligation, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate of Obligation, as the case may be. • In every case of damage or mutilation of a Certificate of Obligation, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate of Obligation so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Certificate of Obligation shall have matured, and no default has occurred which is 13 921 • then continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate of Obligation, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate of Obligation) instead of issuing a replacement certificate of obligation, provided security" or indemnity is furnished- as above provided in this Section. (d) Charge for Issuing Replacement Certificates of Obligation. Prior to the issuance of any replacement certificate of obligation, the Paying Agent/Rcgistrar shall charge the registered owner of such Certificate of Obligation with all legal, printing, and other expenses in connection therewith. Every replacement certificate of obligation issued pursuant to the provisions of this Section by virtue of the fact that any Certificate of Obligation is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate of Obligation shall be found at any time, or be enforceable by anyone, and shall be • entitled to all the benefits of this Order equally and proportionately with any and all other Certificates of Obligation duly issued under this Order. (e) Authority for Issuing Replacement Certificates of Obligation. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section 10 of this Order shall constitute authority for the issuance of any such replacement certificate of obligation without necessity of further action by the governing body of the Issuer or any other "body or person, and the duty of the replacement of such certificates of obligation is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates of Obligation in the form and manner and with the effect, as provided in Section 4(d) of this Order. Section 11 CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES OF OBLIGATION; BOND COUNSEL'S OPINION, AND CUSIP NUMBERS AND BOND INSURANCE. The County Judge of the Issuer is hereby authorized to have control of the Certificates of Obligation issued hereunder and all necessary records and proceedings pertaining to the Certificates of Obligation pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates of Obligation said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Certificates of Obligation, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Certificates of Obligation. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers, if any, and a statement regarding the issuance of a municipal bond insurance policy to further secure payments and principal of and interest on the Certificates of Obligation, if any, may be printed on • the Certificates of Obligation, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates of Obligation. Section 13. COVENANTS REGARDING TAX EXEMPTION. The Issuer covenants not to take any action, and to refrain from taking any action, which would adversely affect the treatment of the Certificates of Obligation as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: 14 922 • (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates of Obligation (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates of Obligation, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates of Obligation (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser isof $5,000,000, or 5 percent of the proceeds of the Certificates of Obligation (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Certificates of Obligation being treated as "private activity bonds" within the meaning of section 141(b) of the Code; - (e) to refrain from taking any action that would result in the Certificates of Obligation being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) ' to refrain from using any portion of the proceeds of the Certificates of Obligation, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Certificates of Obligation, other than investment property acquired with -- (1) proceeds of the Certificates of Obligation invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning • of section 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates of Obligation; 15 a • (g) to otherwise restrict the use of the proceeds of the Certificates of Obligation or amounts treated as proceeds of the Certificates of Obligation, as may be necessary, so that the Certificates of Obligation do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates of Obligation) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(0 of the Code and to pay to the United States of America, not later than 60 days after the Certificates of Obligation have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(o of the Code; and (i) to maintain such records as will enable the Issuer to fulfill its responsibilities • under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Certificates of Obligation. In order to facilitate compliance with the above covenants (g), (h), and (i), a "Rebate Fund" may be established by the Issuer at its depository for the sole benefit of the United States of American, and such Fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Certificates of Obligation, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally -recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates of Obligation under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates of Obligation, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally -recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. Section 14. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The Issuer hereby designates the Certificates of Obligation as "qualified tax-exempt obligations" as defined in Section 265(b)(3) of the Code. In furtherance of such designation, the Issuer represents, covenants and warrants the following: (a) that during the calendar year in which the Certificates of Obligation are issued, the Issuer (including any subordinate entities) has not desig- nated nor will designate bonds or other obligations, which when aggregated with the Certificates of Obligation, will result in more than $10,000,000 of "qualified tax-exempt obligations" being issued; (b) that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued during the calendar year in which the Certificates of Obligation are issued by the Issuer (or any subordinate entities) will not exceed $10,000,000; and, (c) that the Issuer will take such action or refrain from such action as necessary, and as more particularly. set forth in Section 13 hereof, in 16 • order that the Certificates of Obligation will not be considered "private activity bonds" within the meaning of Section 141 of the Code. Section 15. SALE AND DELIVERY OF CERTIFICATES OF OBLIGATION. The Certificates of Obligation are hereby sold and shall be delivered to First State Bank and Trust Co. (the "Purchaser") at a price of par plus accrued interest from their dated date to the date of initial delivery. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. The Certificates of Obligation shall initially be registered in the name of First State Bank and Trust Co. Section 16. APPROVAL OF LIMITED OFFERING MEMORANDUM. The Issuer hereby approves the form and content of the Limited Offering Memorandum relating to the Certificates of Obligation and any addenda, supplement, or amendment thereto, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The Issuer finds and determines that the Limited Offering Memorandum is "deemed final" as that term is defined in 17 C.F.R. Section 240.15c2-12. is Section 17. AUTHORITY FOR OFFICERS TO EXECUTE DOCUMENTS. The County Judge, the County Auditor and the County Clerk of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provision of this Order, the Certificates of Obligation and the Paying Agent/Registrar Agreement. • Section 18. INCORPORATION OF RECITALS. The Issuer hereby finds that the statements set forth in the recitals of this Order are true and correct, and the Issuer hereby incorporates such recitals as a part of this Order. Section 19. EFFECTIVE DATE. This Order shall become effective immediately after its adoption. 17 925 • EXHIBIT A Form of Paying Agent/Registrar Agreement • HOSPITAL - COMBINATION TAX AND HOSPITAL REVENUE CERTIFICATES OF OBLIGATION The Court met to consider and take necessary action to issue Combination Tax and Hospital Revenue Certificates of Obligation in the amount not to exceed $7,500,000.06 for the purpose of paying all or a portion to renovate and expand Memorial Medical Center. A petition was presented by Michael Hynes constituting 5% or more of the registered voters of Calhoun County, petitioning the Court • to call for an election to have a public vote on the 7.5 million dollars, designated for hospital expansion, in lieu of Certificates of Obligation. The Court took no action at this time other than to set July 9th as the date to consider the request. 926 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, 'TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON— STITUTING 57 OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE. JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV— ING SUCH A GREAT DEAL OF, MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS 2. 3. /a, 5. — 6. 7. • 8. J 9. 10. 11. 12. 13. 14. 15. 16. _ • 17. 18. 19. 20. 927 J TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, 191E UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE,7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF. MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS 4 5 6 7 8 9 10 • 9A0 -1 D TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: � 0 WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS '10 CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOI.I.ARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGA'110N. 1'1' IS OUR BELIEF THAT THIS IS AN ISSUE, 1NVOLV- INC SUCH A GREAT DEAL OF MONVY. THAT ']TIE VOTERS SHOULD BE GIVEN THE OPPORTUNITY '1'O DECIDE THIS BY A BOND FlIFC1I"P1. PRINT NAME xu 20. SIGNATURE 929 Q� '4 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALkIOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF/CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF.MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. / PRINT NAME SIGNATURE / ADDRESS 2. 3. 4. 5. 6.------- - __.._- - 7. B. 9. 3. i. i. • • TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE. UNDERSIGNED, AIJ, REGI3'rERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 57 OR MORE OF 'CITE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSLONERS To CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. I'1' IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL, OF MONEY, 'I'11AT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BONI) ELECTLON. PRINT NAME i 1A4oNz v ko�� � f r11m •s. 9. 10. 11. 12. 19. 20 SIGNATURE ADDRESS �(SAL — r �o ° a ,vim �. 71(7 w. r;C\xt� 931 .s P �/ TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: t. //` WE, THEIUNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE i / I `� • �jhQX r �- � �1�� arr�, ✓ 1Y Gl.S�i �ll� tf �� .D1�a V/'z Oonzxlez, 5y, �'�tc�j jy(C-"WV 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. ADDRESS ;/o P/co,� 111. MCA55g�c 4 loll' LA%/ A, • • Jt'lFy /b 1y U lq L G TO '11111 HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDF,RSIGNED, All, REIGIS'I'ERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5t OR MORE OF THF, RECISTERED VOTERS OF CALIIOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL, FOR AN EI,EC'TIUN TO HAVE A PUBLIC I VOTE ON TIIE'7.5 MILLION DOIJ,ARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CF.R'I'IFICATES OF 013I,1GA'I'IOII. 1'1' IS OUR RELIEF THAT THIS IS AN ISSUE, INVOLV- ING SIICII A TREAT DEAL OF. IIONF.'i, ToAl' 'I111" VOTERS SHOULD 1111 GIVEN THE OPPOR'TUN In • TO DECIDE. 'TIi IS BY A BOND VLEC'I Itgl. I'RIN'1' ME ;ICNAIURE ADDRESS •%r __�i/_.l t� ��.1«r1_ii' G�I� I^ L�%_ � .�cc 9, A Al 19. zD. 17iA7:7t5`vJY Y26 Lcly C — ,%� I le /col L0j Z )-:4 -/( - 5 933 )3 0- 14 15 16 17 IB 19 21) 9 T�Q1v TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTLNG 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND CONMISSLONI;RS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME. mrgvk ilvinm ADDRESS YV/2LowW1re • • TO THE HONORABLE: JUDGEE, AND CUNMI.SSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGLS'I'ERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTLNG 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- 1.NG SUCH A GREAT DEAL OF.MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND ELECTION. PRINT NAME r ,/1 • ��Z vA (Sawl 1 r fr h 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ADDRESS ,�- 915 S � . /0 4( TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE, UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5%.OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME ✓3, (/4 . ✓.tea , �Q 6 7 8 9. to. 11. 12. 13. 14. 15. 16. L7 . 18. 19. SIGNATURE V / __Z4Qi1i e ADDRESS • c2l /1Gw.vp/EGS Poi✓r �o��o.ei ?/-4 k6JOF6S - urP %Atkt.p ; • • 0 TO TOE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL RECLSTERF.D VOTERS OF CALHOUN COUNTY, TEXAS, CON- S'1'LTUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOIJ ARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT 1S OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL. OF Mm*li', THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE. THIS BY A BOND L;I,P.C'LIDN. PRINT NAME 9. lU. 11. 12. 13. 14. 15. 16. SIGNATURE ---6 Ai . 4- d-i ADDRESS 30 (o uyo 6&)olc. 13 Q l a d/ �y TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: l-� WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC • VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF,MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME n y r- u Hi A// f A v ,/Z . ErM SeYd-/R/vozf V � • Y ice,.... _ � .P-1� .!/.� ✓ 4 ✓7 SIGNATURE FT otv L ADDRESS /,2701,.. bu/?keVA-L e D Jri/ ALe a 7 �lr z q Li'-7r'f �itiT L /4 c-i,q � /{ ell, rc,11� ,v�,��---�YQ ✓I ✓ L 3. � iV � � �t��� _ �de3a. (lith.P�Qi __�W%��-,fi�,1%, 14. 15. • 16. 17. IR. 19. . 94AI � 0 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON— STITUTING 57 OR MORE OF THE RVIG19TERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS 'i'O CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, ORSIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTI.FI.CAtES OF OBLIGATION. IT IS OUR BELIEF THAT ']'HIS IS AN ISSUE, INVOLV— ING SUCH A GkE.AT DEAL OF NONKY, ThAT THE VOTF,RS SHOULD BE GIVEN THE OPPORTUMAY • TO DECIDE THIS BY A BONI) ELECTION. oo TGPr MAMV c,en,mrnnc ADDRESS Or ✓�• ke Pic h r7 f)'Ne, Add 'd 3/0 G1,�,� 4 LaK.CnTic ✓4. ZA'; '. „��l�Rm /J� /Pnn/So✓1 FA L� 9. L0. li. 12. 13. 14. 15. 16. 18 19 20 JMtf ao 4 I TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: //�� �'v WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF.MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE 2 (Ct Ph - / M - D �- r,5�) & " �. /✓Ielvi �/ _� Sty �. flaz el 5d h — ✓1 v 3. osALF E �/. �P`Ot�I/y J4 . "-`-_ Q —' Cat G AAd �5. Camay AIV6Ma GA Rciea ADDRESS O� LVESrwoo r ' • `)1a P.L-. • C4, %3 A "Ot u):c%k "7 12) 2 1�. A. 0 t.- l 0 '7©l{ lllu- too Qtc c • 940 I` TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS-0 WE, THE UNDERSIGNED, AL1, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON ]'HE 7.5 MILLION DOLLARS, DESLGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCII A GREAT DEAL OF MUNP: Y'. THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • 1F0 DEC I. DE THIS BY A BONI) EI.F.C'I'I ON. PRINT NAME SIGNATURE ADDRESS xz. ,, J `l �j r rd 2[ d �. sip• n✓l✓}��� x5. N 1(a6A/ _ X 6. 7. x8. s- • l�l AAG 9 / l�r ise ��a l >C� r�J sow �/✓4. iYh,� aaret��csn�ie►7,1s ✓� O /1/7 V. 1/ i9.L�r��� - X 20. b�_o ;2 a 3 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: / WE, 'CITE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STPCU'CING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS 1'0 CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BONI) ELECTION. PRINT NAME SIGNATURE ADDRESS • a, S'16 ✓./P/?S 6. i 1._J�--- ✓. - I. A 1/16 . — I—" `*- Are u �a r y vi-9. J� L, �3m'�- %, V1/ zu. 9-�V 4 FORM 50" 74. / ?rC,�I� ?OVA L V al'4_ ;/ 07_ Q, TO THE HONORABLE JUDGE AND COMMISSIONERS OFCALHOUNCOUNTY, TEXAS: • WE, THE UNDERSIGNED, AI.I, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 57, OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION C�7) THE HONORABLE JUDGE AND COMMISSIONERS '1'0 CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS. Df•.SIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICA+ES OF OBLIGATLON. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL. OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME Ir. k c� ltfltlso�ti�2. 12.�l,RA °i V/5 . T l t J??o�ly„�� f«eL h i C Morr) s i I L�/ Syrg-,cay !-JNI/TN _ SIGNATURE ADDRESS /�,/., TeI< M3 »y?Y ld16 Alea�o e w% )216 1-. (Le7g. LM WV-L" 2f 2 &o-Ic I a �_ WMI �/I ✓� i � ' 1 �l 1 03 Se (f1,kOeF..4,90 703 S, eo:~ omit Ao az N11 �L� ✓„ 6., i7. PI 12CELL G�Zc YuAc v- X_ X 20. 943 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE,UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, • VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV= ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS lone � V l aPJ/A,' t" �.Ql�<tR v L , i ll� AJ ,e,,, iz Mc-fARisov S/` 226Z- ilk"( IIAVASAf 5f- 77171 •Fol 9 TO THE HONORABLE JUDGE AND COMM SSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF,MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BONI) ELECTION. PRINT NAME � J SIGN "URE ADDRESS ,gyp xt G KE4t ��-A'CK FT ! �.61txt.i K f 2 fjr a �?6 -Z I?( /n,r- /^'oo 1aal, ll ulVA CAUZOA 1916 z vlkr, 81 ,7i- m JJ S PIT t)a set yalr e,5 141 i)Q1 e ot� Luo�,R �r���.��CJa� �STe i1� Qo m t Nq� HER �d�,r �r�f✓��' -5",� Obi ,'y-,a-`-�— Py��� -tee PoRT,C ,if.4 /r-- LL YOM'§ PA 0r � y tv lC G C J. 1114 If L, /X - IYhF4AxIICA'c-: ✓ 41. 9D 9 /'v , -, _ Tr 9 -5 Am a o at, 4/ 1 0 TO TlIE HONORABLE .IIIINIE AND CONMISSLONERS OF CALHOUN COUNTY, TEXAS: WE, THV, UNDERSIGNED, ALL REGISTERED VOTERS OF CALIIOUN COUNTY, TEXAS, CON- S'I'L'I'Il'C1NG 5 OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMIISSI.ONERS T(I CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON INE 7.5 MILLION DOLLARS, DFSICHATED FOR IRNPUML RENOVATION, IN LIEN OF CERTIFICATES OF OBLICAI'I11H. I'I' IS OUR BELIEF THAT THIS 1S AN ISSUE, INVOLV- IHIL 51141H A GREAT DEAL OF. MOIWi. THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY 1'0 DECIDE,, THIS BY A BOND l PRINT NAME, U - makkii _�&yw s V109. Ajc/2 a eZ- q __R6(s✓YIG _ r� % .WAD vi vf« C IGNAIURE Q �322c� - - agRy SrvNKKtt ADDRESS 17/G 4�E•i/cycc�-6E s/ n l4dX 1 6 P T L 4✓AcA l�aJ11,eor fJt- APr 1�3. /y_I�Ci✓FJ✓/!mac �, `-'� I L o i W"W eti Af Df . Dk v4 c < �v�_ 14o _iG1Lo�idc, d- �y f/ C • !3 TN '1'IIP. ININORARI.E .1 lno'I Alin rinull ;SInI1I?R!; OF CAIM ON co1INTY, 'I EXAS: IJP., '11117 VOIKIRS OF CALIIOIIII COUNTY, TEXAS, CON- ';'I'I I'ifl'lllr, 5;± OR IIORP. OF '1111: I'.L.i:1!:]1:1:1<11 Vol ER(; OF CAI.IIOIIN COUNTY, NO PE'1'I'PI.oN 'ME.. IIONORAIN,R AIIOOP. ANO To CAU. FOR All ELIJITION TO NAVE A 1'IIBL'U; V0T1-, ON 'I'11E 7.5 A111.1.ION NW.I.ARS. NAI;ICNA'I'IUI POIi NOSPITAI, RENOVATION, IN LIR11 OF I:P.RI'IPICA'IIRS OF ORIAGAI loll. I IIS OUR RP.IJEF 'I'IIAT 'UIIIS 1.5 AN ISSNP., UNVOLV- INC SOCII A CREA'I' DEAL Ill' HOIIE: ' 'I'IIAI 'IIIP. V0111"S SHOOL0 RP. GIVEN '111E. OPPORTUNITY ./� '111 IIECIOP. 'I'NIS BY A RONO EI.EC'I'loN. I'RINT NAM'% SICl1AILIRE A< I ISoy opk DY—•TLC - ��f'lAU1�C.S SO�2 _ '-;�a5_._ 947 L/ Ill IlO-- HOMORAIII.F. IIPIWI AM) I lilTHISS1011FIRS OF CA1.11011M COMITY, TEXAS: wi.:, I'llk ONI)FIlsiclivil, ,NI,I. VOIFIRS OF CA1,1101IN COUNTY, TEXAS, CON- SI I 1111111C 57 OR HORF OF 'IIII: PV,:I!:IVQV.P Vol'FRS 017 CA1,1101111 COWNY, NO PETITION 111F. HONORABLE HIDCF ANO 10 CALL, FOR All ELECTION 10 IIAVE A PI BIA(; voll., ON 111F. 7.5 1,111.1.10m Oof,I.AV!:, DI:!: ICNA I'll) FOR HOSPITAI, RENOVATION, IN LIFO OF CF.Wt IFICNIVS OF OMMINI 1110. 1 1 1!! Will IW'3. I EF TIIA T 1 It I q 19 AN I SqUE, i tIVOi,V- I fl(: SI ICII A CP EAT OFAI. OF HONVI, 111% 1 1 HE VO 11711.!, "MOULD BE. C I VEIN TIII, OPPORTim I r� '10 ORC I DI--. '111 IS RY A BOND FI,E(71 I Oil. PRIM' NAHE' wololy 1XI, Pill,/ ADDIMSS S I GUM URF" 7e71771cl 948 a3s� 1� b /3 • ll1 1111� NOMORAIll.F. fill" I Alil, OF CAI,11011II CONI.1'IY, 'TEXAS: IqF, 11,17, vI1. PI,:IRIF.111=.N VOl'FW; OF CAI,IIUIIN COIIN'1'Y, TEXAS, CON- S I'IIll IIII(; w t11? Ault I: of Illl: cI,C I': I II!l:p Vtl'IFlu, UP CALIIOIIN COINIy, NO I'M ITI ON 'f IIF. 110111)RAIILI? .IIMCF, Atli) ctil Ill I':'. 11111EW; In CAI.I. Hill All F.I,Ff:'I'I ON -1'0 IIAVE A 111MA,I; VII'll," ON TIN-" 7. i NI I.I,ION DW,I.ARS, Ill'; I CNAI'P•N 1'01t IIOSPIIA]. REINOVATION, I I,II?N OP CER'I IFI CA'II7S OF Oltl, I CA II I'll. I ' IS ONIZ IIFI,I VV THAT' '1111 S I.S AN ISSIIE, I.NVOI,V- IN(: SIICII A OIt VAT NEAI. 01ill NF), 'I IIAI '11117, MYI ERS SIIOIII.N 11F. CIVE,N 'I'IIIi OITORI'[IN I.'I'Y 'JO UIRCI NP. '1'IIIS BY A ROAN V1,RC1f011. I'RII11' NAND, .hfJ oi—I. fL kIr4P� • ✓�✓�-m�� c�onlz��ez ADDRESS TIC 9/ Ile NI,e4) —Kf l- Q�X 3/ ------ awl "1'0 '1'11V RONORABLE, .11111f F Ann i:O11IISSIONRRS OF. CAI.IIOIIN MONTY, TEXAS: wv, -IIIP. IINUFR3ICNFN, AI.I. I: P7:1 S'I'fa?ICU VOIIPRS OF CAI.IIOIIN COUNTY, UXAS, CON- ;I'I'I'II'1111C 51 OR MORE OF 'llll': RIU:1';IF.I'Fl) VOI'F.RS OF CAI HOUN COUNTY, DO FF1'I.TION '1'11F IGrtJORABL.F MIDGE Atli) cnl Rll!:':IOIIF !; '1'0 CALL. FOR All I:LIiIPI'I I1N To HAVE A PIIIII.i; VO'1'F. ON 'I'IIE 7.5 MILLION l)oI,I.AlV;, OF!;ICtJA'I'Fll JOR HOSPITAL RENOVATION, IN LIFII OF CER'I'1 FICA'FS OF ORLICA'1'I11N. 1'1IS OUR RELIFF TIIAT THIS 1S AN 1SSIIF., I.NVOI,V- INC SIICII A f;RF.AT OFAI, III: MONEY. 'I'IIAI' 'IM'. VOTERS 9110111,1) RR CIVEN Till". OPPOR'I'UNI.-1-Y 'JO 111¢CIDI', THIS IIY A BONI) FLECTION. PRINT' NA11E SI.MIA 'I'URE ADDRESS t4 11LLIf - -- - — -- 4. 7. - - -- — - --- — - - — — 1/1 950 • a o z-off a s- �3 ✓ I� TO THE HONORABLE .JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON— STITUTING 5%IOR MORE OF THE, REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS 'I'D CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV— ING SUCH A GREAT DEAL, OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME of/� es /2. _`J0�f (5���w SIGNATURE ADDRESS rp �, Rf / 3nx 11196, F /04 &/ Z4�- // S L) �r��a✓a,. /-Lal7l BOX W� ' /c�ef,Gw�� TAX c� �T Mz ZZ L . �r91-5 O.L. _ �����J� QG. 7 / f�/G3-,L )„/ / / `7 / C c:, e` S 1, q_k MAto,,K F 6, P �. ►9 Q� a6 e� 4/ %8 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBL14 VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THL' VOTERS & SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BONI) ELECTION. PRINT NAME SIGNATURE „✓ if/yf �fi f rnl T r nFs� 10. ✓very 15 (4,) n. 1L— b ✓.�XIc-N 17 . G f 4_ tit G A�_�(, :S - 1 wnC; . C c mC%-tiT..;-.\ CL Z iH. ✓� . ADDRESS • Al2 3 SaCIUeif RL- /� a o ozp ...,.v ., I>i.�) �� .� eo'e *1- r�/ - l � w vbl'v : 41 TI SJ/�/i�f LJ✓I� 7�1 r)rr/, ell 3:��1 Ch5nle,Hr 9a74 t3 a TO ]'HE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: 0 X I 2. • W/s. WE, THE UNDERSIGNED, ALL REGLSTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STIT'UTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBL14 VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY 'TO DECIDE THIS BY A BOND ELECTION. PRINT NAME v-ilt. C W. Et5EN1j0wEFZ + R. ✓9. alt. fmla SIGNATURE Ste/-�/ta�l 'wCs ISA< 4f'A lc CI L� i olia,� Mt,so � I 02/0. pe1 e, ADDRESS PL a63�- 1 / ✓1i ss }rz f Pz- FL ,f 3i 5 C /�Y�iu _cap f (I iC4S`�Qy�C�? 1 230 953 AD (paw. a4e� 4l C� /� b TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS. OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC. VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICA'L'ES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME i SIGNATURE ADDRESS ✓l • S14 /4 n_C C Fn icl(C /P*/2 • _ O Z)PCd N x3• i X6. 7-7 �/1. �i rlmr, 44 /NoAl A8.I ✓4. D VID r FAI - R1CH ✓.oem ,T F2�EpR�c/i 16. !r 17. L8. ✓✓ L_� ViAl,A (��—,L ZA2 �hGGt-cz �/it�cl�e_ 6P121 "ll Jltl aAC Zoo Tutor 4.1140ec. ne /SO so 3 2tCo l%G55ane �or�G ✓4'r $oa Gi?Cf/r>Lr�vS7, Ln d rCf�ft C IX � /e 19A A Av ca jcrf [Gv2cv 77`i ! L{ In jFkdo •e. urcw t o,2-�- LAB. �cµ,"jx 1I T47S Is TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REG1STEAZED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STIT'U'r1NG 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMLSSIONIiRS 'CO CALL FOR AN ELECTION TO HAVE A PUBL14 VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT 'rIIE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME .q]NNATI IRR -- u V °• Il'icLrc3 i>P 11+�p�1 ��;�4 �' l/fip�U ✓ 7 . f%i s'l 2 e e C'ii'I��JLt-�_ _ �..� ,.���Z`..rc Cti�«.�J L� 1Y1 a r e. S f (Z Vy•�yj�------ vi-6-.- �L�IFF C3. A CLGW ADDRESS ;;II 1 Tov+ AAVQ Qt 127oroei&St_-__. / 0 7 l/o k,"Iss- 'A�- Zoi 2.mt< You&-i , o�Z emu... e, l H-- 2 v 7 g� is ao �ae�c 30 (2 b 1 TO THE HONORABLE .1lIDC P: AND COHMISS LONERS OF CALIIOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, AIJ, RECISTF.RED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLTQ VOTE ON THE 7.5 MILLION OOIA.ARS, OESICNATED FOR HOSPITAL RENOVATION, IN LIED OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SIIOUI.D BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME 14--L,A)(fl,s 7.e Ago 1FIl:,r s' SIGNATURE ADDRESS • ,WIN � ✓/04 ��4�b's 7�/LLr �. ARCn1T i7iezevr%Q�v�pRt[ _ %30 pap P�. ,/0. VAC%%G gi624*,J"17el I I . A,k �FiY7o,J ✓ 2. PA or -. l/`s • ��_ /� %-------- 0 �(e' `) me to SU -- �A./ 9/.2 d1 &.vl41'0 a 0 �c.�• Vnr�k- .31 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE:UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE I7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND ELECTION. i I PRINT NAME SIGNATURE ADDRESS z(C — C �A 1A •� 8. / Y AA] "'f/o. v11 � /�Aa S�oNe� • /i1Ge.�iCt G lUc' r�/'%f 'L)Co l �Vta 1 lecle lyyti d Go �ZEL �,.✓ _ v�/U7 C�f�✓ , s=a • I7. Zr rn c1 LJWV1 Se. �_ 6L.y�q-,l i CE 19. 20 957 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME V 1• mn�Jnfly, l f1 f'2 SIGNATURE �1La44y, w 7. 8. 9. --- 10. IL. 12. 13. 14. 15. 16. 17. 18. ADDRESS • �`i BoX 3 2 �- t'' I;: /grvseeIAfa Pori Latch• 19 m TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI., REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL, RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY. THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND ELECTION. PRINT NAME V'2. MLlkCt K Ull n tY adtu Ica �n•d�h� oebe\- _ _ 6 `'- � 12 1 13 X14 1/ 15 SIGNATURE ADDRESS (`fl�j55a Kuehn ('�l'��d1el� alb �uRrk i P.L. �X �zUQ" rz�fih`y _ 9 b� k �3 eJccLaZ✓ ,8C-A64 l -Bn [LYE r. r-1 ��u� Sinc�l�Ptv►r 020 4 t711�cLM- bo llA�uN t-LqARD l A� ,.. ,ice ' 'r i YA Pi./ Illgu/P?_>+ wi 959 S I GNATURE ADDRESS • 2/i fox i��A P� ��,��_ a -3 !1 TO THE RONORABLE JUDGE Atli) C011HISSIONERS OF CALHOUN COUNTY, TEXAS: NE, TIIE UNDERSIGNED, ALL RF.CIS"I'EREU VOTERS OF CALHOUN COUNTY, 'TEXAS, CON- 9TI'TUTI.NC 5% OR MORE. OF THE III"(:IgTFREN VOTERS OF CALROIIN COUNTY, DO PETITION THE- HONORABLE JUDGE AND COMMISSIONERS -1.0 CALL FOR AN ELECTION .1.0 IIAVE A PI nte, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF ORLICA'TION. IT IS OUR RELIEF THAT' TIIIS IS AN ISSUE, INVOLV- ING SUCH A �HIEAT DEAL OF. MONEY, THAT 'I HP VOTERS SHOULD RE GIVEN THE OPP0RTUNtTY TO DFCIUE THIS BY A RONI) RLECTION. PRINTNAI-IE ✓. C-Ca4 _11 �I-�e-s---- ,T- rrc.l ✓��� �i1(l Gl��-� s- � ILA-=�tyC FY_t--rcla 11. IN- ._- 5' FA I A —� 19.�-- ot TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: C� WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION 'THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF. MONEY, THAT ')'HE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME VK� _ e /►�VU�ct/n SIGNATURE ADDRESS wregggg � ✓ 5. � � Q,d,.wv �w` ?ko_ o, A. I_�IV) �ZI4 Croc�i� 0✓+�5����, vc• 9. V,vial/Q�aiwev 11 Y ads u3aj z /off pie T tea �i��AIL/ nI�S I—d S-/>�r rt i�I e X� z..1Z ra _L V i I I a Y r c I SI�,, O'd 9%y�avlcllr /a C 14 _ _ ppleLCq ApUST ls. a,,�/,L/' / . is'e7 TAc.�lsv^� t�7�ksoti rpPf a0 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, AIJ, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- 1:NG SUCH A GREAT DEAL OF. MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE 'PHIS BY A BONI) ELECTION. PRINT NAMP �2. SIGNATURE �a �_ fJ � e. a Z i 6dd i e 01 [Le- �z t'e1=if:1 Ie1_Fr9 � ld P� -- Y�•- &�go ADDRESS /aE 12%/0 N /II 7�ISLea� ,,l"e f�71-Mn�cGtr Octc. !U3 .s CCo • C. K5 url/P:� av 01 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI, REGI.S'TERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON '[HE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF. MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS C� � (� i -� p-j "-1 ,•'��' u_ ���_�.� °c__1i ,t�;r�IT��. ! �� l>�F r i� /I:•-G.7,-%F 1" I, 1 1 / 17. i V 10. ���r(1r i� �i' ci ,/2. ,/. R� J 40 L. Nieoir,e-r, ,/ 17. - V_'. _� 4-6) � 4Li 7!t_lLl L �in Itl ,�tl�i �{���SOP" ��0 TOO a o 39 �I TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAMEE,� SIGNATURE ADDRESS /S Ili. (L��4- 6/GG - - '�Io�`��ie✓sE„� F, k¢LP" -/,. M 1 c DRLnc r /' jr� �3. 14. .tic.,. ���.c ; r• <.:>�-�C�J ''�� l �,�/ ';aai mc_l° _ra lr 112I1 ���,bh��s�x I6. )r4' 117. G'y �� d,�, '�' —W"4-�A77 V ' 9 . ✓ ni s J<� c UDN4/t LL a ° �� - �� °' ._ �olc 1 � car z Zo rc4 C� le TOTHEHONORABLE. MIDGE AND COMMISSIONERS OF CALHOUN COUNTY, • WE, TIIE UNDERSICNED, ALL IIE(:IS'VERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE RE(I I S'I'ERED VOTERS OF CALHOUN COUNTY, DO PETITION TIIE HONORABLE JUDGE AND CUMMISSIONFRS '1'0 CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 1.5 MILLION DOIJ,ARS, DESICNA'L'ED FOR HOSPITAL RENOVATION, IN W-EU OF CERTIFICATES OF OBLIGATION. I IS OIIR BEIA EF THAT Till IS AN ISSUE, INVOLV- ING SUCII A GREAT DEAL OF MONEY, THAT' TIIE VOTBRS SIIOULD BE GIVEN THE OPPORCUNJ'FY TO DECIDE THIS BY A BONI) I:LEGTLUN. PRINT NAME SIGNATURE ADDRESS lLjJC�(X !. U v-.'�--f V2 • Ll �/1,. L// c ro r Hd X o S/,G. V 20. " l e-,/ 14101ri'l /,-,.3 1r-- ZbT7- /i C--<2 C-13 965 d_ ya t� TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, 'CITE UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STI.TUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMLSSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAI. RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. P INT NAME SIGNATURE2-0 / f, / Pk d. • � �L� �e. r r z., • ADDRESS Ilf.%7;t COir� a� 9tSTftOQUF� /1ip J f"j. `1 7 �'`� �� tJ do Ua�z A}/ D y/ TO THE HONORABLE .JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI., REGIS'IERI30 VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGLS'I'ERED VOTERS OF CALHOUN COUNTY, DO PETITION THE IIONORAI3LE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPI.TAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. LT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT 'I'Illi VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A 13OND ELECTION. PRINT NAME SIGNATURE y .ADDRESS 1•/ �t/;��/%/i) /[.,hFi�� / /..�. '�i,� is /-�_., , =�-' �[� /°YisYp,.� • /%'1.. 2. p.wj w 0 Kim me\ • ✓e• >k lev ,l�wsquez N) eebeA, %1 orcnG 'x13. )�.U12,A u Z X14. 1 0e lJfi Z V7• i '�C00Y-\�--- ✓. Caro L Tv 'ra-►-e �) I ✓9. 'J�l��,� �AJn,.r PL- 2/S� ,T PDr- 13ox33 Z Q L /�. 421Sf - f_. JRAI —Adz P60 &ce A, p1V PL ur1- L C9 ur2, l e� { Qan Gi �.Qa�e Et �z PC. -iA.�L p%%<.c 8<� -� �. _cam ✓ l � LGY%/iJr_o _ ao 0 2. Z TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE. REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE, THIS BY A BOND ELECTION. PRINT NAME SIGNATURE - ADDRESS 'TA L L r12S_ L,,<' AMPIA S LA P f- 0 ` C `� y• ���il � klt Dr Irt.nNrP �.�.t2.ttic- hZC> `h ACN.F'L164--^ J C�aC- 7-s-0l U/-)fAll" ,i �• j� EE��DcF fFN�9��fi m M. im • TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: 0 4. 5. 6. 7. 9. 10. IL 12. 13. 14. 15. 16. 17. 18. 19. 20. WE, THE UNDERSIGNED, Al.l. REGis'rimr) VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE, HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL, RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, 'THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE A081) i5L-1ZMF,7P__1V1 I J;. ADDRESS 969 C� O TO '11II1 DONORARI.E .H 1D(:I: AND ctiIIIMSSIONF.RS OF CALIIOIIN COUNTY, 'TEXAS: IJI:, THE UNDERSIGNED, A1.1, I:HI:IS'I'FREU VO'TFRS OF CAI.IIOTIN COUNTY,-tExAS, COM- S'I'1'I'ITI'I.NG 5% OR MORE OF 'I'iIP: RF:CIS"1'I?Itl{D VOTERS OF CALHOUN COUNTY, DO PETITION THE IIONORARI.E JUDGE AID) COMMISSIUNNRS '10 CALL FOR AN F.LECTI.ON TO HAVE A PUBLIC, VOTV ON 'I'l1E 7.5 MILLION DOLLARS. DES'IGNA'TED FOR HOSPITAL RENOVATLON, IN LIEU OF CERTIFLCATRIS OF OBLI.CATION. IT IS OLIR RELIEF TDAT THIS IS AN ISSUF, I.NVOL,V- ING SIICII A GREAT ORAL OF LR,NRY, 'I*IIA'f THE VOTERS S110111.D RE GIVEN '1 BE OPPORTUNITY 1'0 DECIDE TlHS BY A RONI) ELECTION. TION. PRINT NMIE SLI:IIATURE ADDRESS -- 7 It 5. 6. 7. 8 9 10. II. 12. I}. 4. 15. 16. I7. IR. lo. 970D. --- --------- - J To THE HONORABLE JUDGE, AND CtnItI1.SSIONERS OF CALHOUN COUNTY, TEXAS: • • WE, THE UNDERSIGNED, ALL REGLSTLRED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL, FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. 17H111MMM MD1 SIGNATURE ADDRESS �,/.".(I/� /// ' /// GC�f ['�._� ; 'OiL-iC/` ��/• �,� ZYCL.i p�G� /7L�LLS fC.tl —.. �l � p� tan �uLcskc L.Z.�L'ea;/ia Do leZ.aI �' 14. 15. 16. • 17. 18. 19. 20. i ps 971 ao TO THE HONORABLE .JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE! UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF T'HE REOIS'1EAM) VOTERS OF CALHOUN COUNTY, DO PETITION THE. HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC. • VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF 'CHAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, TRAP 111E VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME v u t 5 • JilFo N5,l y¢ g5eu o. /�, 6 I �, C.Ii lu lf�°�c S,Lt���lli 1s S IGNATIIRF. i �C.9• C/I�r3T/NA �DUz.Y�LES to. 11. 1'.Cla1 V2 VIs.-1_1�_�( r 14 .. o � ��%'v � V� � O -- � VtS.S �odrrvz ADDRESS JAGS/ ly� //��ad .✓.�j CDs c J. (d,�L4 , v / /'eta oxp 601 pu- /155,i,N; (�! oaf/!/> • 16 . zl_ lZ /r o e4 . z'zf L 1. �. "e {y �3 ✓ r� V s fl N /f lY'%/J /Y/G 19 . .i (J N ( I- To THE HONORABLE JUDGE AND CutltI1SSIONERS OF CALHOUN COUNTY, TEXAS: .11 • WE, THE UNDERSIGNED, AL,I, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO*HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME r7 �• n 'a' • _cor���im-6rle,l 19 20 SIGNATURE n � r ✓ 7 (c c , wd� ,C�.v � u�•/1.4R ADDRESS Ii6 ptt 2 2ci P O, 01Y 3 5 i X. '�3 �t c /AwN'-/_7�, 1 rx. F. V' d Aox 332 973 an - 4 �� i� TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF, MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. RINT NAME • � /Yl. -ST ��.rr�� pp T -sp ascot 1AAM6 C,l ✓ _�ern�cY � S7v��'if m SIGNATURE 11- ii IPA. yj ADDRESS X're / ei'1 /0.-, a: 1w gt e 7--t I f' ljr r-.B P L- r • 19 9724 4 �I I TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI. RICISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE: RF.GIS'VEIREP VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONL:IIS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, 'TIIA'I' '1'I1E VOTERS SHOULD BE GLVL'.N THE OPPORTUNITY, • TO DECIDE THIS BY A BOND ELECTION. P iN'T NAME / Y sU ZC l"i �4 .Yr S IV.1 /, 7 C17iAlt SLGNA'L'URE vjfi,/5k6Y'c.'Smidkc(lI ��'Q_Lo o't )Snt&A zy fX?or� int 1�• (�i ��h�� �Ll�-N S — ,,�/rn-,s - e1 Q om•' -- M. /0N4It /1l ov�rL4u • 00 late 1, c.. %i s �v 1 w�C� rnP''oo Yam' o�e, C G•� , � %� �, i,��s VC,'Olk A Ewes ADDRESS 1-31 jal-Y I K'.'(d'rr if %. �. cz a t3ox ��►s l�Vs. w� 31e) 4 Y, 975 y, mole. Pwke,e o 0-� 7/� 0 r-/c 0 - TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING-5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, • VOTE ON TILE 1.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRTN'P NAME Ix! C, wm, (7Vu n w ✓v8. � 'J . > G Zr /49 " 1/ 0 . �1. X4. V1%6 . ✓H. 19. SIGNATURE ADDRESS It: e�: .&"/ do x 9 i pf-z !/ X1.II /os ``/ kso P /� 2 L " J /o /622 3 .2 pv. `lS9 3/7 Tean•'ncs 31I �ennin��s p 3� TO THE HONORABLE .JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGIS"I'RREU VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION TIIF. HONORABLE JUDGE AND COMMISSIONERS '10 CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DF,SIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY. THA"I''HF, VOTERS SHOULD BE, GIVEN THE, OPPORTUNITY • TO DECIDE THIS BY A 13OND ELECTION. PRINT NAME SIGNATURE ADDRESS Th�%/ oc, o6olz ✓� 0 N nre � ael Le.� ✓7 • �r FI � [�)Ik w r 9 S u 701 L)zV Qv. Z� / r m x Au STiV✓ _��� aye � � ✓2� i 977 RICNATI IRE. L(/ ADDRESS -.rRzf��57, (// "�oVY7-jo. _ _:�42SL0,"J4 5P )A2f rZ ✓/�� �_ � �c 17.E Owy lvl�II aa-j-lcj;_� • /✓~'2� AL6�E 1 � -ZD tL�.�v • uo-- uocc) '17fu C� ,, ✓tea cz�U,y �,� �,� /9 w d v �y m . wkO�k �ft_o�w/y "12- 978 - °J ttll A,4 4 �D D TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE! UNDERSIGNED, ALL. REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMI.SJIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, V0TE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. I IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY,jHAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY.A-BOND-ELECTION. PRINT NAME I MA S l 3. U-v� i I x5. 7. L- Vi/. i K\Az �AjLUcf -st" V/✓. TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNF,D, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON TILE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY I • TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE i FPgC'u Fox � � ADDRESS =vfWASMAE-A A i� wu ne�x-; 13 15 G?v� v t c J V 14. �i S`�/Y►S.%�� N''/jam)®��j�/� �6mt� 16.J �� �G. g6X /336 v9 S, q!uEe�3 ,A.f�(,L/ uo2 /� � o t3 ��.or c�cv1"}�/1 , %R 7;! Tj f 4V`L7. Rl-be-CCR' r� P.0 (�,o� 133� T ✓[e• I�AGaS+% e GJ /l ;n S t►���?�i2(ia�E� . d • �16.� &L-44(Z_Q_g ?g?9 19. LAUL 90662s � S 0 5-JZucuc i/ J� 20. bw.4CM4 ` f, )-eo vkar 979 ao C TO THE HONORABLE JUDOF. AND COIIHI.SSIONERS OF CALHOUN COUNTY, TEXAS - WE, THE UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- \ STTTUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION` THE HONORABLE JUDGE AN CC ...IONFRS -1.0 CALL FOR AN ELECTION TO HAVE A PUBLIC VO'L'li ON THE 7.5 MILL. ON DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. [T IS OUR. BELIEF THAT THIS IS AN ISSUE, INVOLV- LNG SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE 'PHIS BY A BONI) ELECTION. PRTNT NAME. SIGNATURE ADDRESS I I � �6 POVI I _ ` / V8 J us - to IO H 6 u E z �d3 N; 1Pa�,yd1 t4 ✓ 12. • - - "td $44� ✓/ L l;. 1 f" (� GI AQ46 1� —SL /6—S ° 4 A Q1' 1,W 8. 98�'H' M.12uoofac ao v a-r Ss D 10 -01F, HONORABLE .10111:1, A110 I (IHM SS IONF.RS OF CAI.IIOUN COUNTY, TEXAS: IJF., vlh UNDERSIGNED, AI,I, REOI S'FERP.0 VO'I'I71115 OF CAIIIOUN COUNTY, TEXAS, CON- SI'l l'UVINC 5% OR MORE OF '1'11F. RF.flI51'EI:F..1) VOTERS OF CALHOUN COUNTY, DO PETITION I IIE IIONORABI.E JUDGE AND COMMISSIONERS '10 CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILIION DOLLARS, OESICNA'MI) I;OR IIOSPI'FAI, RENOVATION, IN LIEU OF CERTIFI.CA'I'ES OF OBLIGATION. 1'I' IS OUR BEIA.17 THA'P 'I'IILS IS AN ISSUE, INVOLV- ING SUCII A i;RF.A'I' DEAL OF MONF,Y, '1'IIAI' 'I'Iil? VO'I'I;RS SNoUI.b 1i1: GIVEN TVIIS O4 POII'FUN L'1'Y • 1'O UECI.U6 'PHIS BY A B(INU 1?Llil;'I'ION. PRINT NMIE SI.GNA11.)RE ADDRESS _ CJJ ✓3• FC4.n4s,�1_t11�LlOs:�x� _-.. .�.2G�t,�% G¢CLPS� .�.�/����^_�2� -- _�e�chlw ✓ . t fiwi-axye- Va,,vd rewc ✓IB. wovuj _gal" 20 — 400 �A"15�.- TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OFCALHOUNCOUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME xi X 2. LU L AAJ W147zRs _ ices 5 D vl�9. A, -ow Zv L-/., I?A �l U .L� V ! 3. �/+J"L/a�tky�/Yl/h ite_ 18 ADDRESS � � 03 �ar�y�lr✓� SIGNATURE v C o w / Q/2 �uGZ�cce pil 1 7�4 J415 • 19 98220 5h a)61� 5> 18/ TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: • WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGLSTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS 'PO CALL FOR AN ELECTION TO HAVE A PURL1O VOTE. ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. SIGNATURE _ADDRESS ' �J _ w /boy I-fokmato Oe. _ "• 1 y%�i\�L1� ,_-C—,1\k _lLl l�l`i.l\ M1-�\..1,'♦.'VLI.WII� �'�Y.i..(.LI��V�'_ cr1�1 6. 7 9. 10. 11. 12. 13. 14. 15. 16. • 17. 18. 19. 20. 983 O (vanA_ 5 4 5 8/ TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITIITING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC • VOTE ON THE!7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BONI) ELECTION. PRINT NAME ✓- _Jrw G. ILltiMa7Z4 4. 5. 6. 7. 8. 9. 10. I1. 12. 17. 14. 15. 16. 17. 18. 19. 98420. SIGNATURE ADDRESS PLA"t- « Y a."6t- '5 1 � S / �S 0 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY TEXAS: WE, THE IUNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5%1OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC• VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU i OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BONI) ELECTION. SIGNATURE ADDRESS IN- j 7 l �i � /7¢yG l.r..,✓i�x.� /-a. C6 If /� //off S• C /�2 o' , S /3 JL ;;-r `. l_ (�G 0. l u ) P _. �d,- ct 4ct,. 1•.tG7`� y 985 o TO THE HONORABLE JUDGE AND CDiIMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLICS • VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR -HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS lJrpet e I. ya.�-- a — y L % Na rn m o p s c ©T To 17 Sc1�Pirc.d ��1��,a �i6 G �o >< 6VA &A/Z eL_ %T c�fe1vc ` �,22_24zlug�_ rz-11A .ems bk� J '( 6'j\�/ �9• i to C R I Y (Al�&:tt onla Sci /ct p 984- VT 1'O 191E HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO 11AVE A PUBL1.4 VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT' THIS IS AN ISSUE, LNVOEV- ING SUCH A GREAT DEAL Or MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BONI) ELECTION. PRINT NAME c�fo� l.ips•ul'E EI`LYL. TONE lNIS N ryY ��its I A- o f SIGNATURE II , �114, ADDRESS ' 3 o 6 Z..�a—�fl_ -- ►/ I Oo 3 0� • i�JV o 'DNS I 'TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN.ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF. MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME ��ri_s 'q-aasTo4 jell J ;A SDA�,C�s 71 h P7 l 7. B. 9. 10. I1. 12. 13. 14. 15. 16. 17, 18. 19, SIGNATURE o1li11r'e ooIt z ADDRESS 8/ • a O (y (o 5 0( S / 1� TO T'HE MONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, 'TEXAS: WE, THE UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF. MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND ELECTION. PRINT NAME s d r%G r1.��Y�/ems zill"k iYY11tT01 o —V u -, J Tz.SIV h ` ADDRESS a�03 ,,9/'4/', 1s1.2 fc��', /Z '�- e 'zve. e A" I P20- -E i�a ��� RS - I��i ��Gt1 ut-- mated-Z& �a� 989 Q—v- u 4 si i� TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COPAIISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIP VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. /PRINT NAME SIGNATURE 4�DTR y ti1 '!i1 . /� N� of L`/v SA ✓�-fi UG-a�-% ADDRESS _Jf o3 Ad" C r `7e4�_�Ln� �7ac r}L�Z-e is Pl d `1 a'e� 13 �I P� a 70 X _ yry (�� 1S �7f1iCoS l%0� ill9P� 17-65 ✓c�<si �99 C> TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: • WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION TIIE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. t /PRINT NAME J;, C'.a f, o� e CAR0 oa so //�,Ir � r/ � f// .✓j9 ,V &,eod& Ann /rlTz JV� • � v /� N"N 1� M� z. i� 14. 15. 16. • 17. 18. 19. 20. �1 �j F��� - /Izlej y d o x Sass =,1L_ f Cam. lei )909 CQ"Aas r L r �R7 ► 1- -1 6 o / 4 s, -- It 9191 a/ OP Qa-'i 66 y g/ TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE,UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC. VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS �• �LvRYLC� /yI M G'4 ✓v. D DRi s /)//; I Is ✓����arne� • 166,x 35-0—IJ , Qfcz 6'3ss-(hv°� &,a 3sa .6 PrzA Locid eL f3 �L�-�L? e�2�.. /� �'��o R-Lr,Z•B��`Sc�- �1101)((n %tin 02 Ray3S0-40 hL Lt,-f H a, h p f • ;�o R M A/i/ c V ct �K Sa r� C �Y,S /��z.. l�e�(L(�� /T• L /J 2Y � CIO TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE�UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC. VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT'THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE. THIS BY A BOND.ELEC'TION. PRINT NAME ST GNATT IR F. ADDRESS �/_� �l�i�.S U, -S �i(%T%'i�J ��e'C-e'z,�.. , C/ `1 / ����Cz� /�=�•._�-�o.0 .���1 i'� G dntvA 1. a r �. �� FtC� , �Tsh�q �✓S _ _6 6 I? , 4� 16. , I •1.7. 18. 19. 20. 'w m lom lam 993 TO THE HONORABLE JUDGE AND ComILSSIONERS OF CALHOUN COUNTY, TEXAS: .11 WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC: VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME I./ �, i 1 ,�Ya V1�in._ �OCVArd C�5L 9v � -- 5 A 7 8 9 10 11 YAP NCNA' (yk" l _GwC'—v 61 ADDRESS 1 ).) 1- V C (a ,, w tx> A • • TO •TIIE HONORABLE JIIh1:F. AND COMMISSIONERS OF CALUOUN COUNTY, TEXAS; WE, THE UNDERSIGNED. AIJ, 'R Fi:l:; 1'I'.RIiD VOTERS OF CALHOUN COUNTY, 'TEXAS, CON- STLTU'TING 57 OR MORE OF '1'IIF. IU',CIS'I ISI:I'.0 VOTERS OF CALHOUN COUNTY, DO PETITION HONORABLE JUDCE AND COMMISSIONERS '1'0 CALL FOR AN ELECTION TO HAVE A PUBL14 VOTE ON THE 7.5 MILLION DOLLARS, DIiSICNAMD FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. I'T IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL 017 MONEY, THAT' TIIE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND F.I.FICTION. /PRINT NAME SICNA'I'URE ADDRESS QA -� �--- -,"- —Ca,�— R £lI /�NRSf/ALL Vrn��y • V Pobert Wayne Hahn..__ i i / J �_ w, lRom "I 995 9Cb 0a-t ;70 7 8 / TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE,7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. ODTMT MAMr i� t bol r b N. ck. _. /Vx -Itim_�r�r LA� Jo /y/b 10. It. l2. 13. I4. 15. 16. 17. 18. 19. c rrMA,nmr. ADDRESS • / IP6. ;Gvoll� l� TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: • WE, THE UNDERSIGNED, ALL, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE RF,GISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMtSSIONF.RS TO CALL FOR AN ELECTION TO HAVE A PUBLIC. VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BONI) ELECTION. PRINT NAME n (20L.,` // // -- yam, 7. a>--N I S ✓✓- Y➢C c� � Cl._-- M � >o�( O� `Irv�jrisea ✓ 14. Y-s�C 1°4 15. Marcus Wl 16 • 17 18 19 20 SIGNATURE ESS �•��d!_C-!�^� C7z ✓l'O1U,w 7G �ed�ri�i �Il � i _, l I t oa FJ '/ �0 • Ppox 6Q3 'a4c24 997 1;L L9' TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE,UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5%'OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, • VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICA+ES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS y V L. _C 67 vS k (d��" FZN V ue� W• `� WINE z Lic cltlw� S. Ah�ofiy Cam_ -ter v9. kupi i cl odril,e. z D. 13 14. 15. 16. 17. 18. 19. 9980. --- �,�`2��u�-� L ` �.' . ✓�O,-lf�x %i lei , f��r.� vn) IN v/ �r 15 TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE:UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5%'OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS tools �py, 8ox o fhef en Kev _ ` +/ t1 &Lc(dt4,11 ,/6./ L�o-rA CL ti -- v� v✓7y�� fe •� Geo��ie 2d� Y V 9. > 0--�--� 1. 1I. InNRV pi9l3V �(14. �.,li, CilLG//)--zo A VV15. 'I� "h102Rts JT`t�lo2e�s rv�esfJteN(q�U AB. kga;1I9. Mo-10Pf6 ✓�&L�Q,q 761AOV�VY � 4&1_/fox/O �va�«�G�� ..�._ . _ �, _ i� �v 19 • rhhf� ht�a�i_s --- ���3�1n� ✓ari l��ad�� .i✓ o. � e 05 e �� L ✓6o o r � o� � 999 a G)) TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE',UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5%'OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC. VOTE ON THE /.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BONI) ELECTION. PRINT NAME VIT SIGNATURE ADDRESS - ad�.TT- i _ , • �! D.771 cli;� C I0 Vti,C'A A)U. fi£ tom, �% 1 cr sc� 3 7X Vio. V//Xl - V VIz._ IV I3.l c /1 A SLaTT Z ✓,/. '47kV //. 0)p TO THE HONORABLE .JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALI, REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5Z.OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMLSSI.ONF.RS TO CALL, FOR AN ELECTION TO HAVE A PUBLIC. VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, 'I'IIAI' 'fill'. VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BONI) ELECTION. PRINT NAME SIGNATURE ADDRESS V 1. ✓ .�� %i % J �r� ���._ ✓ �l�" Sig/ �(,�- �rc� �.e ✓ A �/3. n F04 V & i /S'o �C 18Si !yj ✓• .CDC tAnio K ad5-*Z, �`"i ` / D 3 C st' �✓ �l F! " 1 �)Zi_ n�,�'-1 n: ✓ c�. l ��..,._��.�- ✓�j� � �.c,X. 11ti `i r') O✓ G l rU %ur1nFZ > f v & q �7us %-rct= klilvdJeLek i TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, • VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE �f /yADDRESS / JV/ �J E7hN V1, . I viin� G V K7 II?� �h✓7f� ✓ rV . DEE ftRKEy sh',r�e {-�arKe Ljr Q�VAC0. ✓ (p(1-. I 13a� I I J -I-1 Qo.�- �aroti.. IX ✓� 4.-.1CiC� � r li � ✓ _:�:'/J�--L\ 1 �r % l�z, -� � � li�.{�✓ ��.�>_ %�'-r-- 1 s _•-�`:i„ lF✓ Y�`,c�r. �- q�-�a-lc:Z`itt ✓,.�.Sa.r,d ra �nd� ea s �.t�� �r�-� �12. -lit, MnLAER YT?ola�1 i 6c gat - D Arrlx107n ✓. a(� / Is. ��,,,,Q �&,yun„A�'t_n(��,tnA.t/1L� �iu� �l�iv�wtecsr�.rutd� � ��1 1�,�� • 16. 17. 18. 19. 20. 1002 10 U TO Tl1E ❑ONORA13LE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, 'TEXAS: 0 WE, THE UNDERSI.GNIM, A1.,L REGISTERED VOTERS OF CAL OUN COUNTY, TEXAS, CON- STITUTING 57 OR MORE OF THR. RI?GLSTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONIiRS TO CALL FOR AN ELECTION TO HAVE A PUBL14 VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OIUJCA'I'ION. IT IS ()DR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF PIONI:i , 'IIIAT '1'IIIi V( TEIRS SHOULD BE GIVEN TOR OPPORTUNITY To DECIDE: THIS BY A BAND HU-1CTInN, PRINT NAME ✓6. SIGNATURE ADDRESS L' q. /(T 6i ) i -Ll U 18. I" 20. TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: i WE, THE ',UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT'IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAME SIGNATURE ADDRESS VY ahar�enQ�S�' 155�7nnglz lt;nelL _ v,� C 'IS TOPIf�r2 Colli,yS P, n Co@p;�, 15:3 5. 6. • 7 8. 9. 10. ll. 12. 13. 14. 15. • 16. 17. i 18. 19. 10011 'TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION CJ3 THE HONORABLE JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY • TO DECIDE THIS BY A BOND ELECTION. PRINT NAME �S1GNA1'URE )LAVeYNe d�3vli In I i i 4. 5. 6. 7. • S. — 9. 10. 11. 12. 13. 14. 15. 16. • 17. 18. 19. 20. ADDRESS 1Qn5 Q 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. o TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: - WE, THE,UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON— STITUTING 5%,OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLk JUDGE AND COMMISSIONERS TO CALL FOR AN ELECTION TO HAVE A PUBLIC, /1� • VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICAES OF OBLIGATION. IT IS OUR BELIEF THAT THIS IS AN ISSUE, INVOLV— ING SUCH A GREAT DEAL OF MONEY, THAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DECIDE THIS BY A BOND ELECTION. PRINT NAMEE� 1 SIGNATURE Q ADDRESS /� `1 /3 Ug qj:L Sol i • TO THE HONORABLE JUDGE AND COMMISSIONERS OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED, ALL REGISTERED VOTERS OF CALHOUN COUNTY, TEXAS, CON- STITUTING 5% OR MORE OF THE REGISTERED VOTERS OF CALHOUN COUNTY, DO PETITION THE HONORABLE JUDGE AND COMMISSIONERS To CALL FOR AN ELECTION TO HAVE A PUBLIC / VOTE ON THE 7.5 MILLION DOLLARS, DESIGNATED FOR HOSPITAL RENOVATION, IN LIEU OF CERTIFICATES OFOBLIGATION. I IS OUR BELIEF THAT THIS' IS AN ISSUE, INVOLV- ING SUCH A GREAT DEAL OF LN rfl,' 'I'NAT THE VOTERS SHOULD BE GIVEN THE OPPORTUNITY TO DEC IDB TIM_S BY A BOND E1,1'IC I IOII. PRINT NAME SiCMA'CURE ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. • L7. 18. 19. 20. ACCOUNTS ALLOWED - COUNTY Claims totalling $89,355.48 were presented by the and after reading and verifying same, a motion was Commissioner Smith, seconded by Commissioner Hahn, that said claims be approved for payment. ACCOUNTS ALLOWED - HOSPITAL County Auditor made by and carried, Claims totalling $117,994.23 were presented by the County Auditor and after reading and verifying same, a motion was made by Com- missioner Mikula, seconded by Commissioner Hahn, and carried, that said claims be approved subject to approval by the Hospitl Board. THE COURT ADJOURNED. • • 0 1�L