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2002-01-24 REGULAR JANUARY TERM HELD JANUARY 24, 2002 THE STATE OF TEXAS S COUNTY OF CALHOUNS e BE IT REMEMBERED, that on this the 24th day of January, AD., 2002 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 AM., a Regular Tenn of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to-wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pet. 2 Commissioner, Pct. 3 Commissioner, Pet. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. PUBLIC HEARING TO AMEND THE YEAR 2001 AND 2002 COUNTY BUDGETS Judge Marshall opened the public hearing at 10:01 AM. e County Auditor, Ben Comiskey, before the budget amendments were read, gave a statement concerning the County's finances. In doing the budget in July and August, he estimated a $5 Million ending cash balance at the end of2001, but is $45,540 short. The ending cash balance is actually $4,954,460 after taking the prior year's accounts payable into consideration. The budget starts with a $5 Million cash balance but after 2002 expenses and revenues; the balance is $3,163,212. Being short $45,540 reduces the ending balance to $3,117,672 and the 2002 budget amendments will be presented shortly for approval. He cited several instance~that caused this decrease. Cindy Mueller with the Auditor's Office read the following 2001 Budget Amendments, numbered 1 through 6. There were no objections from the Public. I BUDOST AKE:NDtomT lUCQUBST I i To: Calhoun C<>>1nty Commissioners' Court S-A,,:({, (Department making this request' From, Oa.te, It, ft.f-o I 1 request an ..._ndment to the ~ oGI budget for the year) following line items in my department, ~!:~~!;~~~_!- Account Kame (~';:j'~~i.:t .A..tl~~~,~' ~dm.oo..t ..........____~____ a...OD 1,,""'''''''''''' ~~~,:,t!r t/)..~) ICd/:' C'''"''-il.:tUl J - PO,,,)' .pu f'l.o,"" C"....~d-.. , f'~~' ;}.,jL.O n r...~...w.f ('~ <'1-,1 {.n '> p^ J<:1',,^3 -(.,;.,. <;... ,',.Q~, d, L~ :... APPROVED B l;t}q , ~ 1r.o-'{Q7:ll1 11.0 - 'iY\:Co C, r'" I n,~L..r .a;......J.I!(r_"'-I. e '"){,o.10151l '1ID{)-t:)"\o)..o Net change ia total budget for thle depart.meat 1., Other relllarks/justification: , --<:l- .................... I understand that my budget "annot be amended as requeRted until Commissioners' Court approval is obtained. " Signature ot official/department head: Date ot COIMlissioners' Court ...pproval: ~te poRted to General Ledger account (a), 581 e BUDGET AMENDMENT REQUEST 0< NEW Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET APPROVED JAN 2 4 2002 II e 582 e e e BUDGET AMENDMENT REQUEST :3 Total for FUND (99,796) (99,796) NET CHAN E IN TOTAL BUDGET ......-..--- APPRO." It:) , . , "il L..l"." JAN 2 4 2002 ... II 58:l (~~~'--:-'1' . . . .... r-'---~"-'"-"""-"""-'"P''' . .,..." .. '[ .. . , - " : I. ~ I r~-'~"""'" --~J-'-: i". i~", :: ."t{;,:'J~~-r;~"':::-;'~"f1t:~~: : "..' ',. '.... ,;' .q>~_.~ L_~._~, _' .4 _ .~_ _ _ ,'_ __~~ ~.___ J ~ "~ ___ E .. -- -~......_._... - BUDGCT AMENDMENT REQUEST GL ACCOUNT NO. 2742.99!l-XXXX 46010 INTERESTlNCOME 53210 MACHINERY PARTS/SUPPLIES 53510 ROAOIBRIDGE SUPPLIES 53520 TIRES & lUBES 53540 GASlOIUOIESEL 53550 LUMBER 53580 PIPE 53590 SIGNS 53595 TOOLS 53540 JANITOR SUPPLIES 53992 SUPPLlES-MISC. 53995 UNIFORMS 63350 LEGAL SERVICES 63530 MACHINERY/EQUIPMENT REPAIRS 63920 MISCELLANEOUS 64370 OUTSIDE MAINTENANCE 66192 TELEPHONE SERVICES 66476 TRAVEL.IN COUNTY 56498 TRAVEL-OUT OF COUNTY 66600 UTILITIES 66614 UTILITIES-PARKS 70200 ACQUISITION.RIGHT OF WAY 73400 MACHIERY & EQUIPMENT 90005 GAINlLOSS ON SALE OF ASSETS Total for RIND - AS NEEDED (50) 1,103 (14,632) 71 1,507 12 1.616 337 27 45 237 504 500 240 32 1,220 722 75 242 351 179 1,694 8.600 (2,932) 1,902 NET CHANGE IN TOTAL BUDGET 1,902 (FROM CASH BALANCE) II 584 APPROVED r JAN ,~4 2"", e 4 "'I. , , , 1 j \ ..,.......~~_.j e e e e II BUDGET AMENDMENT REQUEST II To: Calhoun County Commissioners' Court ;5h.;JJJ (Dep~ mak1ng this request) From: Date: I-J..I-Od-. 5 I request an amendment to the d..60 ( budget for the (year) following line items in my department: -?j513V> ~----- I ~ +O~II~ PReVEB- -t-~~j- A ~~~~ GL Acc.ount It ------------- Account Name ~------------- '<ALJJGMd~ J\mendment J\mOunt 1iPO-(o?JQJJj Net change in total budget for this department is: Other remarks/justification: $ =Q~*1~~1 Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. II Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s) : 585 BUDGET AMENDMENT REQUEST roe Total for GENERAL FUNO NET CHA GE IN TOTAL BUD APPROVED JAN 2 4 2002 e II e -'586 \ \ \ \ \ , , , i . . ~ ~ ~ OJ OJ ~~ 8 8 '" iM "'~ ",M :Co ~6 ~6 ..u u a::1 -= ;:: ~B ~~ g;~ "" 6~ c ~re ~ ~~I M aM 0 ;!: ~~ ~ M ~ I 8 8 <:! S ,- '~ !:1 '- aO o~ ...~ ~ 0>- "'''' ~~ :Co ..u "'::1 ~~ ~g u"' ~ t: } ~ . ii ii ~ ~ e ! ~e .... SS ~i! ~Ig 8::1~ ~~~ == ~ ~ U~L ~ 0 ~ 0 ~ ~ ...'" ~"' u - ~g 63'" "" lil 8- :5 t~ u -= ;:: 1t o u -= ;:: ..J " . o ." ~ '5 & c o 'il ~ ... ;; I o Z Cl ~ ill z "' ~ u ~ !5 ~ ~ o u i:5 I C) ~ 8 o ~~ U ~~~ O!f]u ~<::1 I ~ ~ OJ ~ ;g fil ~ ~ o w > o a: a. a. <( ("'oJ ~ .... ("'oJ :z: <( .." e ~ V1 ."J S"") <:S Gb. II ~ .!3 :5 .; ~ :5 .; ~ :5 ,,; '" .... 8i o o ,,; '" .... 8i :5 ,,; .. "' gi u ~ e u o - . . - ~8~ :5 .; o o .; :5 .; e e e e CALHOUN COUNTY, TEXAS I '''';''';';~;?~l Unposted Budget Transactions - 2001 EXPEND.AMDMTS Ifl4/02 HEARING ~ ;-..' ,f,..... ;.~ tJ \, ~,_ BOOI89.2001 AMENDMENTS FOR IlEARING 1124/02 . ----_._.~_..._-.. ..... i \ JAf! ' ., I I Fund Arne... t.. Lj. Lv...:'" Eff.Date Cod. Fund Tide No. Transaction Description DcptTitle GLTitle Increase Dce as. 1213112001 1000 GENERAL FUND 01 TOCO~YCHARGE SIIER1FF GENERAL OF SUPPLIES 1,239.00 COMPlITER SYSTEM, SOFlW ARE UPGRADE 1213112001 1000 GENERALl11ND 01 TO CORRECTLY CHARGE SHERIFF GENERAL OFFICE SUPPLIES 2,760.00 COMPlITER SYSTEM, SOFlW ARE UPGRADE 1213112001 1000 GENERAL FUND 01 TOCO~YCHARGE SHERIFF CAPITAL OUTLAY 2,760.00 COMPlITER SYSTEM, SOFlW ARE UPGRADE 1213112001 1000 GENERAL FUND 01 TO CORRECfL Y CHARGE SHERIFF CAPITAL OlITLA Y 1,239.00 COMPUTER SYSTEM. SOFlW ARE UPGRADE 1213112001 1000 GENERAL FUND 02 FREEZER JAIL OPERATIONS PRISONER 2,186.00 CLOTIllNGISUPPLIES 1213112001 1000 GENERAL FUND 02 FREEZER JAIL OPERATIONS TRAINING TRAVEL OUT OF 1,646.00 COUNTY 1213112001 1000 GENERAL FUND 02 FREEZER JAIL OPERATIONS CAPITAL OlITLA Y 3,832.00 1213112001 1000 GENERAL FUND 05 INSURANCE SEITLMT .FOR SIIER1FF MISCELLANEOUS 15,734.00 LEASE.NOT PAID IN 2001 1213112001 1000 GENERAL FUND 06 REMOVE ERRONEOUS ROAD AND MEAL ALLOWANCE 18.00 CREDIT EXPENSE BUDGET BRlDGE.PRECINCf #2 Total GENERAL FUND 7,849.00 23,565.00 1000 1213112001 2742 ROAD AND BRIDGE FUND 04 SET UP ACCOUNTS NEEDED NO DEPARTMENT MACIllNERY 1,103.00 PRECINCf #2 PARTSlSUPPLIES 1213112001 2742 ROAD AND BRIDGE FUND 04 SET UP ACCOUNfS NEEDED NO DEPARTMENT ROAD & BRIDGE SUPPLIES 14,632.00 PRECINCf #2 1213112001 2742 ROAD AND BRIDGE FUND 04 SET UP ACCOUNfS NEEDED NO DEPARTMENT TIRES AND TUBES 71.00 PRECINCf #2 1213112001 2742 ROAD AND BRIDGE FUND 04 SET UP ACCOUNfS NEEDED NO DEPARTMENT GASOL1NEI0lLIDIESEUGR... 1,507.00 PRECINCf #2 1213112001 2742 ROAD AND BRIDGE FUND 04 SET UP ACCOUNfS NEEDED NO DEPARTMENT LUMBER 12.00 PRECINCf #2' 1213112001 2742 ROAD AND BRIDGE FUND 04 SET UP ACCOUNTS NEEDED NO DEPARTMENT PIPE 1,618.00 PREClNcr #2 1213112001 2742 ROAD AND BRIDGE FUND 04 SET UP ACCOUNTS NEEDED NO DEPARTMENT SIGNS 337.00 PREciNcr #2 1213112001 2742 ROAD AND BRIDGE FUND 04 SET UP ACCOUNfS NEEDED NO DEPARTMENT TOOLS 27.00 PREClNCf #2 '00 Dt!e:II22J0208;02:IOPM P......, 00 lJ') i:' g g g g g g g g g g g g g g g '" '8 F'l " ;; ;; ;; ;; ~ ;; ;; ;; ;; ;; ;; ;; ;; ~ ;; ~ ';1 ~ ~ Q Q ~ ~ ~ ~ ~ ~ ~ 1! Q g := := := N-I N N N '" ~ N N '" N N N N N ~ N Q~ ~O ;;: ;;: ;;: ;;: ~ ;;: ;;: ;;: ;;: ;;: ~ ;;: ~ la t; ... ... ... ... N N N N N N N N N N N N N N ll-~ - U ~~ U ~~ ~~ u u ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ g ~ -I a: !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ !:l~ l!:l~ !:l~ n :\'" ~tD ~tD ~tD ~tD ~tD ~tl:l ~tD ~tI:l ~tD ~tD ~ttI ~tD ~ta :b= ~tD C! C! C! C! C! C! C! C! ~ ~ ~ ~ ~ ~ C! ~ g 8 8 8 8 8 8 8 8 8 8 8 888 ~ m m m m m m m m m m m m m m .. ~ ." .. .. .. ~ ~ ." ~ ~ ~. ." ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~!i f' c: '" '" '" '" ~ '" '" '" '" '" ~ '" '" ~ '" -I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " Ii Ii Ii Ii sa sa sa sa sa sa sa sa Ii sa sa ~ ~ ". '" '" i i > > i 1; 1; > 1; R i i 1; i; 1; 0 56- 13 () () 0 8 () ~ 8 () 8 8 8 ~ -'8 0 0 0 ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 "'-I o. ~ ~ n '0 '" '" '" '" '" '" '" '" '" '" ". Q 0 0 ~ gj ffi ffi I gj ffi ffi ffi ~ gj ffi ~. gj ffi 0 -,,> '" '" '" \3 \3 ~ \3 i~~ '" '" '" ~ g ~ 0 '" '" '" '" \3 \3 gj gj gj ~~ 0 '" '" '" '" '" '" 6 6 ~:=() - z z 6 a z z a z z 6 6 a a ~ ~ij 0 0 0 0 0 0 "g '" i ~ g ~ '" '" g 0 '" '" I g g g ~ '" ~ '" I ~ -I )> I I I I I .. I a: i~~ I I I n c:.. '"tJ I I I >- "'tJ :z: ,,~ ,...., ::r; -i:> i:>;" .... 0 ~I ~ < 2 m ~~ ~i ~~ 3 s ~ ~ r;j 0 10 1;:~ t""' ~ I i " ~ ~ t""' 0 F' r- ~ ~() ::! " t""' ~ ~ :3 ~ g '" 1Jl~ g "- n "'0 ~ fa !)l t""' '" f2 ;Q :j 0 z ~ I ~ ~ ~ ; o '" @ ~ S 8 '" ~ ~ ~ ~ 0 !:l () ." ~ 1;; ~ Ul rn /=: " 8 ;s '" :i @ 0 0 ~ ~ ." ." '" g '" s- o ;; N so ~ ~ ~ fj w ~ '" ;" :ii .., N i:l ~ ~ ~ ~ ... '" ;: :;: :t1 ~ ... ~ .., :;: ~ ~ N ~ Q N ~ 8 8 8 '" 8 '" '" '" '" 8 8 8 8 8 8 8 Q Q Q 0 0 ~ ~ ... :::; '" ~ ;:; '" '" ~ .., '" N 8 '" 8 Q Cindy M~eller rea~ th.e following 2002 Budget Amendments, numbered 1 through 60 There belOg no objeetlOns from the publie, the Public Hearing was closed by Judge . Marshall at 10:26 AM. 589 i ~ s ~ ;; ~ e e ~ ; " e BUDGET AMENDMENT REQUEST e 1 - 590 GL ACCOUNT NO. 100()..XXX.51940 110 140 150 170 180 190 200 210 250 260 270 350 380 410 420 430 440 450 460 470 480 490 500 510 640 550 560 570 580 590 600 610 620 630 710 720 760 780 790 ... ACCOUNT NAME.WORKMENS COMPENSATION DEPARTMENT NAME EXTENSION SERVICE LIBRARY MUSEUM BUILDING MAINTENANCE JAIL OPERA T{ONS COUNTY AUDITOR COUNTY TAX COLLECTOR COUNTY TREASURER COUNTY CLERK COUNTY JUDGE ELECTIONS HEALTH DEPT WASTE MANAGEMENT CoUNTYCoURT~T~W DISTRICT CLERK DISTRICT COURT JUSTICE OF PEACE.GENERAL JUSTICE OF PEACE PCT 1 JUSTICE OF PEACE PCT 2 JUSTICE OF PEACE PCT 3 JUSTICE OF PEACE PCT 4 JUST{CE OF PEACE PCT 5 JUVENILE COURT DISTRICT ATTORNEY ROAO AND BRIDGE.PCT #1 RoAO AND BRIDGE.PCT #2 ROAD AND BRIDGE.PCT #3 ROAD AND BRIDGE.PCT #4 CONSTABLE PCT #1 CONSTABLE PCT #2 CONSTABLE PCT #3 CONSTABLE PCT #4 CONSTABLE PCT #5 EMERGENCY MANAGEMENT FLOOD PLAIN AOMINISTRATION HIGHWAY PATROL SHERIFF CRIME VICTIM ASSISTANCE VETERANS SERVICES Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET 235 870 86 8,207 8,464 337 324 246 486 204 128 1,427 4,930 377 422 367 1 90 114 90 90 70 22 648 11,676 12,359 7,747 21,317 210 210 210 210 210 137 21 49 23,580 64 22 106,247 ~~ 06,247 -. US P~€'" QJk.A~ -to e.x,f I c:Jn) APPROVED JAN 2 4 2002 ~ e e e TEXAS ASSOCIATION OF COONTIES 1204 San Antonio' Austin. TX 78701 P.O. Box 2131 . Austin. TX 78768-2131 Sam D. Seale. Executive Director December 21, 200 I TO: Members, Texas Association of Counties Workers' Compensation Self. Insurance Fund FROM: Jim Jean, Director, Program Administration RE: Calendar Year 2002 Workers' Compensation Contributions Enclosed is an invoice for your Calendar Year (CY) 2002 Workers'Compensation program contribution and your first quarter billing. This first quarter payment is due no later than February 1,2002. Any payments postmarked after that date are subject to a 12% late penalty. This billing was calculated using a pricing structure approved by Fund Trustees for calendar year 2002. The following explanation of the TAC Workers' Compensation pricing structure is included for use along with your invoice. The Workers' Compensation Fund uses the 1991 State of Texas approved workers' compensation work-class codes (with Texas Department of Insurance 2002 Rate Relativities) as the benchmark for setting its prices. These class code rates are then adjusted to reflect the efficiency of your self-insurance fund and have resulted in an overall pool reduction off state rates that substantially exceed the commercial market for most members. While individual member's pricing will vary, average pool wide pricing is almost 40% below the state's manual price. Increasing medical costs in Texas are directly impacting the TAC Workers' Compensation Fund. In 1999, (for the first time in many years) claims payouts exceeded the combined total of members' contributions and interest earnings. This trend has c.ontinued and current estimates indicate that year 2002 will be worse than 1999, 2000 or 2001. As all members know, the prices of workers' comp coverage under the T AC Workers' Compensation Fund were decreased substantially every year from 1993 to 1999. With the benefit of perfect hindsight we now know that these reductions, and the subsequent savings to member's, were too great and an adjustment is necessary this year. Because of continued increasing claims costs, the T AC Workers' Compensation Fund board members chose to decrease the underwriting discount offered for 2002. The effect of this change will be to increase the average member's 2002 contribution by 40%. The net effect of this pool increase however, will depend on each member's payroll, loss experience. and whether or not they have other coverages with T AC. For some members the cost increase will be much more than the 40% average. W:\BiHing Inforrnalion\2002 we Contribution Letter.doc 10f2 12/18/012:45 PM (512) 478.8753 . 1-(800) 456.5974 . FAX (512) 478.1426 591 e December 21, 2001 Page 2 Even with this change in the underwriting discount, the 2002 cost for all members is far below what other pools and insurance companies are offering. The class code rates used by the Pool continue to reflect the efficiency of your self.insurance fund. These lower rates are available to all members who have an acceptable loss ratio (claims to contribution ratio). This continued cost savings is possible because of the financial stability of the Workers' Compensation Self Insurance Fund and because of the interest rate earned on claims reserve funds and retained members' equity. This year, it is also necessary to reduce the Preferred Liability-Property Package Discount that was initiated in 1996. This additional discount of up to 10% is available to any member who also obtains its automobile, generalliabiJity, public officials, law enforcement and property coverage through the T AC Self-Insurance programs. This discount, which had been up to 20% has been reduced from 4% to 2% increments, per line of coverage, for members who do not have all of their coverages with T AC. This reduction is necessitated by the general increase in claims cost to the fund. e Members are again eligible for a Fund discount up to 30% which is in addition to the rate reduction and prefered package discount. This variable Fund discount program was initiated in 1992 to reward members with good loss experience, while emphasizing to members with less than desirable experience, the need for a strong safety and loss control program. It was expected that higher contributions paid by members with poor loss experience would serve as an incentive for them to reduce future losses in order to receive the higher discounts. Members whose claims activity has resulted in a high experience modifier, or members who have significantly higher than normal recent losses can improve the discount they get by participating in an approved loss control program and passing a safety audit at the end of the year. Those entities selected for this program will be notified in early January and details of the program will be explained. This year's pricing structure, which combines a variable fund discount and a rate reduction for members with excellent loss histories along with a package program credit, illustrates that your Fund is working for you. We have reviewed the pricing arrangement of other pools and the rates filed by commercial insurance carriers and find that no one is offering sound workers' compensation coverage at a price that matches the rates charged by your Fund. When the Fund's competitive prices are considered along with all the services provided by T AC, such as safety and loss control assistance, members will see that they are receiving excellent value for their workers' compensation dollar and that they are receiving coverage at the lowest possible price. If you have questions concerning this invoice, or any of T AC's programs, please call our Workers' Compensation Business Analyst, Chris S. Shaw, or the Director of Program Administration, Jim Jean at 1.800-456-5974. e 592 e Changes to Volunteer Law Enforcemep.t and Ambulance Endorsements For 2002 Please note if you have volunteer law enforcement or ambulance that we have made some changes for 2002. In the past, we classified volunteer law enforcement and ambulance under the same class code. This year we are separating volunteer law enforcement and ambulance and giving them their own class codes. They will still use the same TDI rates and there will be no increase in cost from this change. This change is necessary to improve our claims reporting process and help you manage your losses. We applied the number of volunteers in your estimated payroll to the class code listed on your volunteer resolution worksheet. If you have both volunteer law enforcement and ambulance endorsements, we divided the number of volunteers between the two class codes. Please verify that you have the correct endorsement and the correct number of volunteers listed on your worksheet. If the infonnation is incorrect, please contact the Workers' Compensation Business Analyst, Chris S. Shaw at 1-800-456-5974. e e 593 e TEXAS ASSOCIATION OF COUNTIES WORKERS' COMPENSATION SELF-INSURANCE FUND WORKERS' COMPENSATION CONTRIBUTION WORKSHEET Member Name: Calhoun County ~ He Entity No.: 0290 Notes: Code 45110 55060 56060 75900 77200 87420 88100 88102 88330 88380 98680 90140 90400 PTAWCWOQ TAWCBW6 594. Classification CHEMICAL ANALYST/ASSAYERS ROAD EMPLOYEES-PAVING, REPAVING CO. &. DRAIN DIST. COMMISSIONERS GARBAGE WORKS, ENVIRONMENl'AL CLEANUP LAW ENFORCEMENT. AMBULANCE JUV PROBATION, COLLECI'ORS. SllLES CLERICAL ELECTION PERSONNEL &. JURORS HOSPITAL PROFESSIONAL , CLERICAL LIBRARY/MUSEUM-PROF. &. CLERICAL YOlITH &. COMMUNITY CNTR DIRECTORS SLOG. MAINTENANCE &. JANITORS HOSPITAL. ALL OTHERS Post Date: 01/01/2002 Effective Date: 01/01/2002 12:01 AM Estimated No, of Estimated Payroil Em loyees Rate Contribution 2,080 2.09 43 819,258 30 12.42 101,752 171,472 4 3.38 5,796 93,817 4 10.24 8,583 1,148,667 48 5.56 63.866 180,268 7 ... 1,731 1,854,402 7' .52 9,643 74,079 .52 385 6.929.486 181 2.35 162,843 176,969 7 .'7 1,711 e 26,465 1. 03 273 217,640 13 1.83 17,041 581,998 27 9.84 57,859 Optional Coverages Elected Officials Jurors and Election Personnel Volunteer: Ambulance Drivers Volunteer: Clerical Volunteer: Fireman Volunteer: Hospital Auxiliary Volunteer: Law Enforcement Volunteer: Physican Volunteer: Restaurant & Food Preparation Volunteer: Underwater Rescue Divers Actual Salary Reported in Elected Annua Salary: $ Not Elected Not Sleeted Not Sleeted Not Elected Not Elected Not Elected Not Elected Not Elected propriat Class Code ,200 Per lunteer Total Payroll/Employees $12,272,601 Total Manual Contribution less Underwriting Modifier = Ad'usted Manual Contribution Less Experience Modifier Credit SURCHARGE = Standard Contribution Less Member Discount SURCHARGE = Discounted Contribution less Preferred Uability . Pro erty Discount Estimated Workers' Compensation Contribution = Total Estimated Pro Rata Contribution 40. 28.25 t IS 1.2400 $ (10.001t S 0.00 t S e ... Quarterly Payment: $105,582 *** 28389 - we Renewa~ .., TEXAS ASSOCIATION OF COUNTIES WORKERS' COMPENSATION SElF.INSURANCE FUND WORKERS' COMPENSATION CONTRIBUTION WORKSHEET e Member Name: Calhoun County - we Post Date: 01{01/2001 Entity No.: 0290 Effective Date: 01/01/2001 12:01 AM Notes: Estimated No. of Estimated Code Classification Pa roll Employees Rate Contribution 45no CHEMICAL ANALYST!ASSAYERS 2,000 1 2.:n .. 55060 ROAD EMPLOYEES-PAVING, REPAVING 130,398 29 12.73 92,980 56060 co. ~ DRAIN DIST. COMMISSIONERS 164,876 4 3.38 5,573 75900 GARBAGE WORKS. ENVIRONMENTAL CLEANUP 81,632 4 8.70 7,102 77200 LAW ENFORCEMENT. AMBULANCE 1,058,644 42 5.44 57,590 83910 Al1I'O MECHANICS 26,827 1 4.54 1,218 87420 JUV PROBATION, COLLECTORS. SALES 1'13,335 7 .9B 1,699 88100 CLERICAL 1.715,293 76 .52 8,920 88102 ELECTION PERSONNEL " JURORS 66,940 8 .52 348 8s:no VET hOSPITAl,. &. ANIMAL CONTROL 28,600 2 2.80 801 68330 HOSPITAL PROFESSIONAL " CLERICAL 7,690,107 264 2.27 174,565 88380 LIBRARY/MUSEUM-PROF. 6< CLERICAL 172,457 7 .96 1,656 886"60 YOl1'1'i{ " COMMUNITY CNTR DlREcxoas 25,447 1 .9B 249 90140 BLOG. MAINTENANCE & JANITORS 209,3a8 12 8.09 16,939 90400 HOSPITAL, AI.L ontERS 757,689 38 9.49 71,905 e Total Payroll/Employees $12,903,633 496 Total Manual Contribution less Underwriting Modifier 48.25 t IS Ad'usted Manual Contribution Less Experience Modifier Credit SURCHARGE 1.1500 $ Standard Contribution less Member Discount IS Discounted Contribution less Preferred Uability . Pro erty Discount. 0.00' $ Estimated Workers' Compensation Contribution Total Estimated Pro Rata Contribution ... Quarterly Payment: $52,561 ... e II~I oj ~f1o b ~\\Mt..; C . 't~'L;r-' 25546 - we Renewa~ PTAWCWOO TAwcaW6 595 BUDGET AMENDMENT REQUEST ~ APPROVED JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET 18 1! . 596 e e e ~-jO-'OCC 26~0iM 10:30AM~CALHotJr.r\'OOEMERG MG'T! 1"-"" jUt ..JJ.4 ~I'" ~ BtlDGl!'I' A1olENlJMl::N'1 REQOEST II To' Calhou..'l. County Co1tUlrl.ssione::s" Court e From, Texas Co~~er~~ive Extension, Calhoun County (Departmene . making thi.. request) Date, December 21, 2001 r. , P.2/2 following line 2002 lyeAr) itelllS in my depanment, bueget for ene 1: request an amendment to ti>e liI. Account: . ------------- llm~t: AcCOUZlt Name AlPounc ------------------ ------------- II 0 60336 Auto All~vRnces-Co A~enr S140Q.OO e Net ;"hau!:re in tot..1 budgee for this depa:1::l_t ;I..,. Other remarks/justification, $ 1400.00 ca=:r==-c=_=_&. Reason ------------------- ..s ~ 0-ilv...J...... cL ---1 vtfif (4- Pj). ~ ,~ ,." 1 4 "'" ~ I =deratand that my budgec cannot be a<fte" Commia~ioners' Co~ approval i$ obtai . Si~~ture of off1~1al/dap..rcm~nt he d, Dace of Commis~ionQrs' Coure app~ov.l; ./ Oatepoated to General Ledger account(s): e 5 597 II BUDGET AMENDMENT REQUEST II 4 e To: Calhoun County Commissioners' Court From: -1 CAk 4~J ~\~.J (Department making this request) Date: I<l-O~ I request an amendment to the d.. 00 J-; budget for the (year) following line items in my department: ------------- ------------------ Amendment Amoun t GL Account # Account Name /OOO-;),dD-t~{I{JO 1(.tJ./J~ .L Reason ------------------- R~lmr&l~ ----------;..-- =1 JAN"... 1= e Net change in total budget for this department is: Other remarks/justification: $ 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: e Date posted to General Ledger account(s): '.598 e e e BUDGET AMENDMENT REQUEST 5 NEW NEW Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET AMENDMENT AMOUNT 10,378 4,600 14,978 14,978 APPROVED JAN 2 4 2002 599 e tIt BUDGET AMENDMENT REQUEST Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET (24,612) (24,612) - APPROVED JAN 2 4 2002 e 600 e e e BUDGET AMENDMENT REQUEST 1 NEW ACCOUNT NAME SECRETARY.LEGAL INVESTIGATOR SOCIAL SECURITY RETIREMENT WORKERS COMPENSATION FEOERAUSTATE UNEMPLOYMENT AMENDMENT AMOUNT REASON (25,500) REMOVE 1 LEGAL SECRETARY 37,666 ADD llNVEST{GATOR 923 1,104 62 56 Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET APPROVED JAN 2 4 <lXl2 ] 601 BUDGET AMENDMENT REQUEST z e l 14 Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET . 602 APPROVED JAN 2 4 2002 e e e e g II BUDGET AMENDMENT REQUEST II To: Calhoun County Commissioners' Court From: R b pc): 3 (Department making this request) Date: J -~~O}- I request an amendment to the d... Oo;;l...Jbudget for the (year) following line items in my department: GL Account # ------------- Amendment Amoun t Reason Account Name iY\----:---------- ~~-l-- fc:~ t ------------------- !Stt. 0 --13'to 0 ~11;\~ 0 j)~~Jt: - fh.ok ~~J., .;}(}o/ JAN 2 4 Net change in total budget for this department is: Other remarks/justification: $ 31 5~d ======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): 603 II BUDGET AMENDMENT REQUEST II To: Calhoun County Commissioners' Court /J;" J., .)~ Prill J ~tment mak1ng this request) From: Date: 1~-/1-o I I request an amendment to the d.c O~ budget for the (year) following line items in my department: GL Account # ------------- Amendment Amount Account Name -~--------- 1~-5JJa3 10 Net change in total budget for this department is: Other remarks/justification: $ 10 ============= Reason ------------------- 2 4 2002 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): 604 e 10 e e BUDGET AMENDMENT REQUEST e Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET APPROVED JAN 2 4 2002 1 e e I ( 605 I' BUDGET AMENDMENT REQUEST Total for GENERAL FUND NET CHANGE IN TOTAL B DGET ~ Signature of Elected OffidallOepartment Head i e APPROV 0 JAM 2 4 2002 e , 606 e II BUDGET AMENDMENT REQUEST II 13 To: Calhoun County Commissioners' Court From: ~_W~ (Department making this request) Date: }-IS~O~ I request an amendment to the ~O"(J)..... budget for the year) following line items in my department: Amendment Amount GL Account # Account Name ~ t~~--~~~-qi510 I:-:-~-l:;= -p~ e e /2>8 Net change in total budget for this department is: Other remarks/justification: $===j~X==== JAN 2 4 2002 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 607 e Ii BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -BAUER BUILDING ROOF DATE: 1/8102 BUDGET FOR THE YEAR: 2002 loo().8()lJ..98034 ACCOUNT NAME GENERAL FUND-TRANSFERS TRANS.TO CAP.PROJ.BAUER BLDG ROOF BUILDING MAINTENANCE RooF.BAUER BUILDING Tolal for GENERAL FUND 35,000 100lJ..17lJ..73810 (35,000) o 510lJ..99!l-91010 510lJ..999-73810 510lJ..999-62454 TRANSFER FROM GENERAL FUND ROOF.BAUER BU{LDING ENGINEERING SERVICES (35,000) 34,000 1,000 o e APPROVED JAN 2 4 2002 e -~ 608 15' BUDGET AMENDMENT REQUEST e INDIANOLA BEACHlLASALLE MONUMENT.EROSION RESP AMPROV. 510So9$-43185-472 FEDERAL GRANT (213,064) 510So999-53597-472 TREES 454 510So999-62454-472 ENGINEERING SERVICES 35.435 510So999-731B0-472 IMPROVEMENTS-EROSION CONTROL 177.175 MA TAGORDA ISLAND PARK-BEACHILIGHTHOUSE CLEANUP 510So999-43185-473 FEDERAL GRANT (5,500) 510So9gg.s1620-473 DEBRIS REMOVAl 5,500 P.O.C. KING FISHER BEACH-GOMMUNITY FISHING PIER 510So999-43185-474 FEDERAL GRANT (80.000) 510So999-73442-474 PIER 80,000 SWAN POINT PARK.EROSIDN RESP ./PICNIC TABLESlRESTROOMS APPROVE 510So999-43185-475 FEDERAL GRANT (80,000) 51 OS0999-731 80-475 IMPROVEMENTS-EROSION COi'ITROL 47.500 510So999-73441-475 PICNIC TABLESlRESTROOMS 32.500 WEST PENINSULA-EROSION RESP ./WETLANDS PROTECTION JAN 2 4 2002 510So999-43185-478 FEDERAL GRANT (100.000) 510So999-62454-476 ENGINEER{NG SERVICES 20.000 510So999-73180-478 {MPROVEMEi'lTS-EROSION CONTROL 80,000 COASTAL MARSH-EDUCATlONAL TRAILlKAYAKS 510So999-43185-471 FEDERAL GRANT (32.000) e 510So999-72870-471 TRAILER AND 15 KAYAKS 18.800 510So999-53442-471 PADDLES AND PFDs 2,960 510So999-63920-471 MISCELlANEOUS 240 510So999-71130-471 EDUCATIONAL TRAIL 4.000 510So999-53333-471 BROCHURES 6.000 e .609 16J e BUDGET AMENDMENT REQUEST 5125-999-49010 REBATES.PREVIOUS EXPENSES 5125-99~72100 EQUIPMENT.FURNITURE (10,097.65) TO ACCOUNT FOR VOIOING OF CK #30673. OATED 10,097.65 1/1012000. VENDOR DID NOT PROVIDE FURNITURE. Ld-. Pc.5l'-S ~cL) Tota/forFUND NET CHANGE IN TOTAL BUDGET APPROVED JAN 2 4 2002 e e 610' DATE: ,." ~'Y. ,_, ,__.' - TO: ....:>f:,~:.~.5B65..1~i~&)~.f%m!~ji:::::!:*:S?:)l~~!&ffl:::r!'.*:m~iB:!'!:!:!:::!!:!:i.:'i!i!i':'I.:I::I::::"iliIi:!!. :::::::::::::::::::g9~:;I;~:~:R::::~Qq:;J;:$.:x.'1.:.g:9~/iR:q~q:~$.~::::9~p.~. ..li8~~9.~::::~q:9~~!;!1::::::::::::::::::::::::::::::::::: . I,. . ."" ..... .~. ./J'1 i; my /qCt,. ?~P~f~!: , I SHIPPING'DESTINATIONi Calhoun. cOunt:y Library, '. . Dec.....ber 26. 1999..' "'--~' sse .Woodwork.. VEllDOR 9501-F. N. Navarro a ADDRESS . _ 'V1ct:oria,TX ~1904. CIT! " .~A_l'E, ,:S2;P ., ,,~': '. ...:.,..;,;:;.~~~~,+: AODRESS 200 W. Kahan AQORESS .' . " Port La....llea; .!X. 77979 iSH'!lj~:rJl.'tE 1~'~:;~,-:~)/~~~~i~;g;Y:;Y~::J.:i;, .".~..~I~.~:.', .~.;., .~-~AL'; .. ,. "PRICE";' . PRICE.' . 10,097.65 ,";.......... ~"..,. ", ....,....'.. '. .....~.; "~v i '. VENDOR' NOTE:' PAYMENT .TERMS: FOB POINT': . DESTINATION ~ DELIVERY' DATE: ( ) OTHER ('): . COUllI'rI "AUDI'r APPROVAL ONLY 'tHE. I'rEKS OR SERVICES 'SHOWN ABOVE ARE NEEDED n '1'HE.DISCHARGE.OF HIOFFICIAI." DUTIES AN> ;:. CERp:FI . 'r~'r FUNDS ARE AV~E "1'0 - PAt 'l'HIS OBt.IGATIOH. e DEP TMENT HEAD ,.; '~'.' qQ .' - J''i.' J DATE -'. I CERTIFY i'HA't'l'HE ABOVE U'EHS OR SERVICES WERE 'RECEIVED Bt HE IN coco cmmI'l'IOU" RSQUES'l' 'l'HE "COUNTY '1'!tE^SURER '1'0 PAY 'l'HE ABOVE OSLIGA'1'IOU. '~--I ! , . . ':-'l .~ ", i "r Jr .. ""'.-\' , '......', . . , . '- ......~ ~ , . ,~ .~( . ,-, _:: < '~-l'HJ DEPARTMENT HEAD !) DATE .i: e 611 61.rz .. Ll1 n.J o Ll1 o ... r1'l ... ... .. ~ r1'l t'- t.D o r1'l o ~ e ... o ~ o [I" <tl ... o o ... r1'l e e BUDGET AMENDMENT REQUEST e 100Q..80Q..98550 12,800 Total for GENERAL FUND 12,800 5145-999-91010 5145-999-65472 TRANSFER FROM GENERAL FUND MUSEUM.REPAIRS (12,800) 12,800 Total for CAP. PROJ. RJND 12,800 NET CHANGE IN TOTAL BUDGET e e o I ~ APPROVED [ JAN 24 .", Il " 613' I~ BUDGET AMENDMENT REQUEST APPROVED JAN 2 4 2002 Total for FUND NE CHANGE IN TOTAl. BUDGET 62,000 62,000 e e .., 614 e e e lq BUDGET AMENDMENT REQUEST AMENDMENT AMOUNT REASON 787 REQUIRED BY PAYROLL (787) 1,298 TO PROPERLY CHARGE FAX MACHINE (1,298) NEW NEW Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET APPROVED JAN 2 4 2002 o g 615 Tolal for GENERAL FUND NET CHANGE IN TOTAL BUDGET 616 AMENDMENT AMOUNT 920 71 85 5 5 APPROVED JAN 2 4 2002 1,08 1,088 e e e e e e BUDGET AMENDMENT REQUEST ::21 Total for GENERAL FUND NET HANGE IN TOTAL B DGET AMENDMENT AMOUNT 920 71 5 5 1,001 1_.- APPROVED r: ?4 m~ 1 l"____.___.._ ....__...___ --1 1,001 617' BUDGET AMENDMENT REQUEST ,;l:A · 1,088 1,086 , L._.. 618 APPROVED JAN 2 4 2002 e e , e e e BUDGET AMENDMENT REQUEST ;),3 AMENDMENT AMOUNT 45,540 ADJUST (adjusted TotalforFUND NET CHANGE IN TOTAL BUDGET :1 'l___..._. .'.--------- -- 45,540 45,540 FROM 12/31102 CASH BALANCe 619 e ~Lf BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: AIRPORT FUND DATE: 1/22/02 BUDGET FOR THE YEAR: 2002 Total for FUND 4,371 APPROVE ~24 am L_~___ NET CHANGE IN TOTAL BUDGET 4,371 FROM 12131/02 CASH BAlANCE e e , 620 e e e ~j BUDGET AMENDMENT REQUEST APPROVED r:N 2 4 2002 l I Total for FUND NET CHANGE IN TOTAL BUDGET 621 e :2~ BUDGET AMENDMENT REQUEST AMENDMENT AMOUNT REASON (138) ADJUST TO 1/1/02 ACTUAL CASH (adjusted for 12/31/01 accounts payable) APPROVED JAN ? 4 2002 Total for FUND (138) l_._. 1______ -- NET CHANGE IN TOTAL BUDGET \E!) e e , 622 e e e d-l BUDGET AMENDMENT REQUEST Total for FUND NET CHANGE IN TOTAL BUDGET AMENDMENT AMOUNT (223) ADJ SH (adiu ledfO~/fll~ L~AN " m J -~ (223) <ill! .623 ~I 'I II I:~ "'".~. . j ~ .. ... .1. I 624 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: COURTHOUSE SECURITY FUND DATE: 1/22/02 BUDGET FOR THE YEAR: 2002 -r~ ~CJl -----"--.----.-.....--- ". '.. - REASON ADJUST TO 111/02 ACTUAL CASH (a able PPROVED ACCOUNT NAME AMENDMENT M!Q!!!fi . : Total for RIND 15,567 .15,567 FROM 12/31102 CASH BALANCE NET CHANGE IN TOTAL BUDGET JAN 2 4 2002 - e 01~ ;.~ e e e e e ~r--'---- -----~-- ~r--il ;; r--{ . AMENDMENT AMOUNT REASON (2,971) AOJUST TO 1/1/02 ACTUAL CASH t for 12/31/01 accounts pa ble) APPROVED BUDGET AMENDMENT REQUEST r---.- ..----: L! \...... -j ~ I .., ,II I TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: EXCESS SALES TAX FUND DATE: 1/22/02 BUDGET FOR THE YEAR: 2002 ACCOUNT NAME . : Total fOf FUND NET CHANGE IN TOTAL BUDGET - - JAN 2 4 2002 ;;l9 ,',',,"1 ~t~:; 625'. e 30 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: FARM & LATERAL ROAD FUND DATE: 1/22/02 BUDGET FOR THE YEAR: 2002 AMENDMENT AMOUNT REASON 193 ADJUST TO 1/1102 ACTUAL CASH (e ble APPROVED JAN 2 4 2002 Total for FUND FROM 12131102 CASH BALANCE e NET CHANGE IN TOTAL BUDGET e " f26 e e e 31 BUDGET AMENDMENT REQUEST JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET 30 :!2 FROM 12131102 CASH BALANCE 627 BUDGET AMENDMENT REQUEST able APPROVED JAN 2 4 2002 NET CHANGE IN TOTAL BUDGET Total for FUND 628 3:te e e e e e 33 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: FLOOD CONTROL FUND PCT NO.4 DATE: 1/22102 BUDGET FOR THE YEAR: 2002 Total for FUND NET CHANGE IN TOTAL BUDGET AMENDMENT AMOUNT REASON (19) ADJUST TO 1/1/02 ACTUAL CASH (adjusted for 12/31/01 accounts payable) APPROVED JAN 2 4 2002 (19) ~) 629 3lfe BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: GRAFFITI ERADICATION FUND DATE: 1/22/02 BUDGET FOR THE YEAR: 2002 o JAN 2 4 2002 Total for FUND . NET CHANGE IN TOTAL BUDGET . 630 e e e BUDGET AMENDMENT REQUEST 3iR TO: CALHOUN COUNTY COMMISSIONERS' COUR FROM: JUSTICE COURT TECHNOLOGY UND DATE' 1/22102 BUDGEr FOR THE YEAR: 2002 Tolalfo,FlIND (1. NET CHANGE IN TOTAL BUDGET APPROVED [J~3 631 BUDGET AMENDMENT REQUEST AMENDMENT AMOUNT REASON (3.696) ADJUST TO 1/1/02 ACTUAL CASH (adju.led for 12/31101 acccunts payab{e) APPROVED rJ~~ ~ J 632 31 e e . , I e e e 35 BUDGET AMENDMENT REQUEST r'~' ,--- ---1 ~r-~ -c=J- . . " ~~ ~ TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: HIGHWAY 87/FM 1090 FUND DATE: 1/22/02 BUDGET FOR THE YEAR: 2002 ".'" ']It ej~ > ,ie, :<::;n'x;~ ';;, AMENDMENT AMOUNT - ACCOUNT NAME REASON ADJUST TO 1/1/02 ACTUAL CASH (a . accounts a able) APPROVED JAN " ~ ... -II' . : Total for FUND 13,423 NET CHANGE IN TOTAL BUDGET 13,423 FROM 12/31/02 CASH BAlANCE , 633 BUDGET AMENDMENT REQUEST 634 APPROVED JAN 2 4 2002 Total for AlND NET CHANGE IN TOTAL BUDGET !J (3,696) (3,6961 e 38 - e . c e e e 39 BUDGET AMENDMENT REQUEST AMENDMENT AMOUNT REASON (3,696) ADJUST TO 1/1/02 ACTUAL CASH (adj 2/31/01 accounls payable) APPROVED JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET " 635 BUDGET AMENDMENT REQUEST e 40 JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET e !I e .., 636 e e e BUDGET AMENDMENT REQUEST Total for FUND NET CHANGE IN TOTAL BUDGET I! APPROVE JAN 2 4 2002 1l .637 BUDGET AMENDMENT REQUEST f,38 TotalforRlND NET CHANGE IN TOTAL BUDGET !! APPROVED JAN 2 4 2002 e t..f~ e e -, e e e BUDGET AMENDMENT REQUEST r~-~-"'--- - - -.. -- -- -'i ~. ' Li ',. · __,_____ t_~._ ~ . . . ..---.----~--_.^._- ---. ~ , -'j AMENDMENT AMOUNT REASON . (13,660) ADJUST TO 111/02 ACTUAL CASH r 12/31/01 accounts payable) APPROVED . . .., . . DATE: 1/22/02 2733-9fn.40010 . : ! II : 11 "-'. - _,_u, -.'.-;:--.jL________11 ------.----.--- --~-~. ~ 1,- . . . .. ACCOUNT NAME Tolal for FUND (13,660) NET CHANGE IN TOTAL BUDGET (13,660) II I I ". ~.. j - JAN 2 4 2002 L{3 639 ~r~!ill _ .----- --.---. ;,' [--. .;.. ,II - -->-~~~ '",. 1~-~"""'--:""''' [ ',,1" . ~L_~:"__._.__. ~JI~~.l:2-r, .... . .: 1_.---- .' . BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RECORDS MANAGEMENTIPRESERV A liON FUND DATE: 1/22/02 BUDGET FOR THE YEAR: 2002 i , I , I ~*__............ 1 ..... ACCOUNT NAME AMENDMENT AMOUNT REASON (1,067) ADJUST TO 1{1102 ACTUAL CASH (adjusted for 12/31101 accounts payable) 2739-999-40010 APPEiOVED l JAN 24 aJ02 Total for FUND (1,067) NET CHANGE IN TOTAL BUDGET (1,067) " " 640 e LfLf e e e e e i.f5 BUDGET AMENDMENT REQUEST JAN 2 4 2002 OTAL BUDGET !I 641 e BUDGET AMENDMENT REQUEST y~ 2742.999-53510 ROAD & BR{DGE SUPPLIES 250 JAN 2 4 2002 Total for FUND 2,000 e NET CHANGE IN TOTAL BUDGET 2,000 FROM 12/31102 CASH BALANCE II e , 642 e e e BUDGET AMENDMENT REQUEST Lf1 r-" - -~-r: ..~:.;. '.. ',," '.' ~. '----, -1[---- ---- - --JI L J'r~--' -.-.- '-' - -- --- lL J . L..-_ __._____"___ ~_J~--I '...:.-'--_~_..___ _ _.__ _ . ~ ~ AMENDMENT AMOUNT REASON (9,892) AOJUST TO 1/1/02 ACTUAL CASH 9.892 (6US1ed:- 1fk.;;'~CCOGots~'t{"ble) ~r 1:=1GI'''~e... APPROVED ... -.. I ACCOUNT NAME . : 2743-999-53510 ROAO & BRIDGE SUPPLIES Total for FUND NET CHANGE IN TOTAL BUDGET !I JAN 2 4 2002 o ~ 643 BUDGET AMENDMENT REQUEST 2744-999-53510 ROAD & BRIDGE SUPPLIES 644 (18,SO APPROVED JAN 2 4 2002 Tota' for FUND NET CHANGE IN TOTAL BUDGET II 43 ~ FROM 12/31102 CASH BALANCE ~. Lf8- _ _ 1 e e e r - Lf9 BUDGET AMENDMENT REQUEST -il 'I :1 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: ROAD MAINTENANCE FUND PCT NO.1 DATE: 1/22/02 BUDGET FOR THE YEAR: 2002 I"~~-' ------.-- -'--- --'-'1 ...---.'---- I- . i --1, I .--'J'~~l'., .. J .. ..1 ..:...-_~.__~___ . . 'I __~__~.___---.d .. J---- h ~,_ .__,_ L..:......._ ~ ------- '" ..1 I ACCOUNT NAME AMENDMENT AMOUNT REASON (247) ADJUST TO 1/1/02 ACTUAL CASH (adjusted for 12/31/010 accounts payable) . : .' APPROVED JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET II .645 e 50 BUDGET AMENDMENT REQUEST AMENDMENT AMOUNT REASON (1,060) ADJUST TO 1/1/02 ACTUAL CASH (adjusted for 12/311010 accounts payable) APPROVED JAN 24 ~ Tolal for RIND e NET CHANGE IN TOTAL BUDGET !I e ., 646 e e e BUDGET AMENDMENT REQUEST APPROVED JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET II 51 641 BUDGET AMENDMENT REQUEST APPROVED JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET II 648 5~ e e " e e e r-~c~-c- .__n~ I 'r- Ln~__n.j_ ~ ~ BUDGET AMENDMENT REQUEST r---~---J-----~------l - --------- ------.- ----lL..-' )11 , . I I , ----I J ____'1 I. _ I - TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: DEBT SERVICE FUND REFUNDING BONDS DATE: 1122/02 BUDGET FOR THE YEAR: 2002 ACCOUNT NAME . : Total for FUND NET CHANGE IN TOTAL BUDGET !I AMENDMENT AMOUNT REASON (9,118) ADJUST TO 1/1102 ACTUAL CASH (adjusted for 12/31101 accounts payable) APPROVED JAN 2 4 2002 (9,118 (9,118) 53 649 BUDGET AMENDMENT REQUEST APPROVED JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET " 650 51/- e e e e e BUDGET AMENDMENT REQUEST JAN 2 4 2002 Total for FUND NET CHANGE IN TOTAL BUDGET (24,135) (24,135) II 5~ 651 BUDGET AMENDMENT REQUEST AMENDMENT AMOUNT REASON . (67,351) ADJUST TO 1/1102 ACTUAL CASH (adjusted for 12131101 accounts payab{e) APPROVED JAN 2 4 2002 Total for RJND NET CHANGE IN TOTAL BUDGET II 652 ~e e e , e e e 5/ BUDGET AMENDMENT REQUEST APPROVED JAN 2 4 2002 Total for RJND NET CHANGE IN TOTAL BUDGET II .653 - 5~ BUDGET AMENDMENT REQUEST TO: CALHOUN COUNlY COMMISSIONERS' COURT FROM: JUVENILE BOOT CAMP/JJAEP FUND DATE: 1122102 BUDGET FOR THE YEAR: 2002 OVED JAN 2 4 2002 Total for FUND (19,125) NET CHANGE IN TOTAL BUDGET (19,125) e II e 654. e e e 51 BUDGET AMENDMENT REQUEST . ~-"""~~-~. .._---..-~~ .' r- . I '. .1 iL-.J"[ j I ' 1 "'" ,,', .-JI I~~~-~ . ENILE PROBATION FUND , 02 BUDGET FOR THE YEAR: 2002 ACCOUNT NAM AMENDMENT AMOUNT REASON (31,359) ADJUST TO 111102 ACTUAL CASH (ad usted for 12131/01 accounts payable) . : APPROVED JAN 2 4 2002 Total for FUND (31,359) NET CHANGE IN TOTAL BUDGET (31,359) !I 655 BUDGET AMENDMENT REQUEST Total for FUND NET CHANGE IN TOTAL BUDGET !I . 656. 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" " " " " " " '" g '" '" '" '" '" '" '^ 0 0 0 0 0 0 li' 0 0: a .... ;::; ;::; ~ u. .. .. :g 0 " " " 0 '" 0 '" '" 0 " " " z 6 z z 6 6 ~ 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ .... a- n e ~ Ei ~ ;; ~ ~ ~ i A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to approve the previously read Budget Amendments, numbered 1 through 6 for year 2001 and Budget Amendments, numbered 1 through 60 for year 2002 as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 672 tit e e CALHOUN COUNTY HISTORICAL COMMISSION ANNUAL REPORT The following ~ual ~eport for the year 2001 was presented by Mr. George Fred Rhodes, County folisto~an. He ~tated he is working with Don McCarn and Dean Jo~.st~ne 10 making slIdes of hIstorical photographs, which will be available to the pUd lCf IOh about a year. He also informed the Court that he will resign his position at the en 0 t e year. ,. F. LAWBRENCE OAKS, EXECLTrlVE DIREcrOR RICK PERRY, GOVERNOR JOHN L. NAU, III, CHAIRMAN The State Agency for Historic Preservation COUNTY HISTORICAL COMMISSION End of Year Renort - 2001 lbis foun is also available as a Word document, ready to be completed directly on your computer. To reauest this version nlease e.mail us at: histo;w"thc.state.tx.us This form will assist you in reporting your county historical commission (CHC) activities to the county commissioners court and will be utilized in preparing our reports to the Texas Historical Commission (THC) and the state legislature. If you have not already submitted a report to our office, please complete this form and return by February 28, 2002. Thank you. George Fred Rhodes Name ofCHC Chair Calhoun County 1. How many members currently serve on the Commission? 3 5 2. How many meetings did the Commission hold this year? ? In which communities were the meetings held? Countv Museum Port Lavaca. enl hn11n 3. How many volunteer hours did the Commission members work this year? 2,000 4. Does the Commission sponsor or work with young people in the county? YES If yes, please describe or list such activities: PlU,jL.alb ill tre K3I:anJ<a..a Irrlians arrl exhiliits of wx:ds cm:v:i.n:!s I1"Ed! b{ Cb1m:issim rratter, Chlrles H=l<. = \'.ere given to lccal YMJ\. d:ri.ldrEn of :m:'liamla arrl to a lccal Girl Sa:ut 'li:o::p of tre histrric R:rt I.a.va:a CI3:reterv. Alro, ta.n:s \'.ere given to lccal arrl cut: of tJ:w1 sct=ls of tre Historic H3lf M:xn R3eE T ,; ghHn]S. !'\: =< I ~ nf ""1m 1!1 ~ hi.stacy arrl of R:rt Iava:a \'.ere given to lccal sct=ls arrl var.i.rus .....' '" rllb of R:rt T """'"'" Gnels \'.ere b:a.t;j:1t in to Gillo..n ~ arrl exhiliita:l. at sct=ls arrl far tre p.:blic at :m:'liamla. 5. Does the county provide funds in its budget for your Commission? :KJ Yes 0 No If yes, how much was your allocation in fiscal year 200 I ? S 19 . 930 . 00 Does the county provide office space for your Commission If the county provides other operating help, please list: o Yes ~ No Mlse.rn G..n:atar, janitoL arrl ITBinta"an:E rervire in = lT1.I9EUTl. P.O. BOX 12276 . AUSTIN, TX 78711.2276 . 512/463-5853 . FI0\. 512/475-4872 . TDD !-800n35.2989 WWW.thc.5tate.tx.llS Page lof6 673 o Heritage tourism o Texas Heritage Trails Program (formerly known as Texas Travel Trails Regional Program) 5a Historic building rehabilitation liil Historical observances (check all that apply) liil County/City Birthdays rn National Preservation Week o Texas Archeological Awareness Month 0 Women's History Month IRI Black History Month o Other (please list) 10. Provide a brief narrative description of the county historical commission's successes over the past year, as well as its not-so-successful activities (i.e., which of your goals for the year were met, and which were not met?) "See attached brief narrative description under Organizational Structure 2001 Section" 11. The THC attempts to copy the CHC on correspondence regarding projects in the county. Do you find this practice helpful? rn Yes 0 No Were/are there any projects for which the CHC's input was not solicited? 0 Yes a No If yes, please elaborate: Page 30f6 674' e e e , e e e 15. 'Did members of your CHC participate in the THC's regional meeting in your area in 2001? If so, please provide a brief evaluation for us, including whether/how the meeting was helpful to you, and topics you'd like to see covered in future regional meetings. (2) members of the Calhoun County Historical Commission were present at the Historic Preservation Conference in Austin, Texas. However, no members attended a r~~ional meeting 16. How can the Texas Historical Commission be of greater assistance to you in carrying out your local preservation activities? Our commission has always had prompt response from the Texas Historical Commission when assistance was needed with our local preservation activities. However, some of the new requirements for historical cemetery markers will be difficult to fulfill. Page 5 aJ6 675 e Pl.ease provi.de a bri.ef narrati.ve descri.pti.on of the. "county hi.stori.cal. commission's successes over the past year, as wel.l. as i. ts not-so-successful. acti.vi. ties (i.. e., whi.ch of your qoal.s for the year were met, and which were not met?) Commission member Charles Husak presented programs to area school children in the county about the Karankawa Indians and exhibited items he excavated from their campsite. Included in the presentation was Texas and local History. Tours were given of Indianola, the historic Port Lavaca Cemetery and the historic Half Moon Reef Lighthouse by Chairman, George Fred Rhodes, to local and out of town school children throughout the year. Camels were brought into Calhoun County by Chairman, George Fred Rhodes, and exhibited at schools and at Indianola and also for the general public on April 6-7, 2001. Chairman, George Fred Rhodes, attended the John W. Stormont Lectures on South Texas Studies at the Victoria College, Victoria, Texas on February 2-3, 2001. George Fred Rhodes also presented a speech at the John W. Stormont Lectures on February 3, 2001 regarding the Hunley Submarine. e A complete updated list of the location of all the markers in Calhoun County was completed along with a map showing their location. All markers which needed restoration were restored by committee members. Chairman, George Fred Rhodes, answered numerous phone calls and had many office visits monthly from people needing information about the county and tours of the historic Half Moon Reef Lighthouse. The Chairman also answered correspondence and questions from numerous people weekly about miscellaneous historical matters. Chairman, George Fred Rhodes, wrote two weekly newspaper columns pertaining to: 1) Spanish explorers who explored Texas and 2) quotes from newspapers from the 1850's to the 1870's from the Indianola Bulletin, The Lavaca Herald, Indianola Times, The Indianola Courier, The Indianola Weekly Bulletin, and The Lavaca Commercial. The Christmas tradition of the Boy Scouts decorating the Christmas tree at the Calhoun County Museum was not repeated in the year 2001 due to the illness of the Museum Curator, George Anne Cormier. e , 676 CALHOUN CO~Y JAIL (1896): e The Calhoun County Jail which was built in 1896 and served as the Calhoun County Jail for more than sixty years, after years of examining and hard work to try to restore the old j ail by the Calhoun County Historical COmrUission and the County, was demolished in 2001. KANEY SCHOOL HOUSE: We were not able to obtain the Karney School House. It is being kept by the owners and was relocated to Port Lavaca in 2001 and will be available for historical tours at certain times. The Karney School House is owned by the McKamey heirs, who moved the school to its present location on the corner of Austin and South Ann Streets. The owners of the Karney School House have not contacted Calhoun County Historical Commission Chairman George Fred Rhodes, but perhaps we will be able to assist them in the showing and touring of the old school building. The Karney School was built in 1910. LEASE OF THE MATAGORDA ISLAND LIGHTHOUSE: e The Calhoun County Historical Commission is working with the Matagorda Island Foundation to obtain the Matagorda Island Lighthouse from the U. S. Coast Guard and assist in erecting a temporary light in said lighthouse. The government agencies, u.S. Fish & Game and Texas Parks & Wildlife have been cooperating with the foundation and the commission to improve the lighthouse and the entire eastern end of Matagorda Island. The Matagorda Island Foundation, of which Calhoun County Historical Commission Chairman is a member, was able to obtain sufficient funds to repair and/or restore the lighthouse to its original condition. Testingeer Engineering of Port Lavaca is presently making repairs to the Matagorda Island Lighthouse. The lighthouse repairs should be completed by June 2002. Trenches used during the Civil War by both the Union and Confederate Armies are still very evident and these will also be exhibited for visitors to the island. Any further information pertaining to the matter can be obtained from George Fred Rhodes, Calhoun County Historical Commission Chairman and the same person who is also the vice-president of the Matagorda Island Foundation, a non-profit organization. The Historical Commission submitted an application for historical marker for Calhoun County Hurricanes on May 16, 2000 and was approved on November 28, 2000; however, said marker has not been erected/dedicated. An application for historical marker for Salem Lutheran Church was submitted on 2 e .677' e May 25, 2000 and was approved on August 17, 2000; The Salem Lutheran Church elected to have said historical marker dedicated on January 13, 2002, being the 100th Anniversary of said church; The Historical Commission submitted an application for historical marker for Port O'Connor on July 17, 2000 and was approved on January 4, 2001; however, said marker has not been erected/dedicated. The Historical Commission submitted an application for historical marker for Our Lady of the Gulf Catholic Church on April 11, 2001 and was approved by the Texas Historical Commission on October 11, 2001; however, said marker has not been delivered by the Texas Historical Commission for dedication; The Historical Commission submitted an application for historical marker for the Seadrift Cemetery on October 1, 2001 and was approved on December 19, 2001; however, said marker has not been delivered by the Texas Historical Commission for dedication; The Historical Commission submitted an application on March 3, 1999, for a historical marker for Alsation Immigration Through Lavaca Bay. The marker was approved on July 30, 1999; however, said marker has not been erected/dedicated. The Historical Commission submitted an application for historical marker for Calhoun County Hurricanes on May 16, 2000. The marker was approved on November 28, 2000; however, said marker has not been erected/dedicated. The commission is in the process of submitting applications for historical markers in the present year (2002) and it is a plan of the commission to submit at least five or six applications for historical markers for the next five years. e ARTIFACTS LOCA'l'ED AT THE CALHOUN COUNTY MUSEUM: Research was continued in the Calhoun County Museum by commission members and the members continued in the process of sorting, organizing, culling, identifying and clarifying all the artifacts on exhibit and in storage at the Calhoun County Museum. The storage area was rearranged and like items stored together and dusted. This makes way for future tagging and identification. However, the Museum does not have adequate space left for the presentation of historical artifacts. During 2001, the Museum Archives Committee under the direction of Chairman, George Anne Cormier, and Vice- Chairman, Charles A. Husak, continued to process all media. Initial data entry was continued by the Museum Curator and commission members and volunteers. e 3 1 678 e The cataloguing of the photographic collection was performed by commission members Donald McCarn and Bobby Sparks, assisted by Dean Johnstone, owner of The Roseate Spoonbill Gallery of Port Lavaca, in the development ,and framing of the photographic collection. Volunteers .and commission members continue to identify and catalog the collection and to scan and transfer the scanned photos to CD for future use. All processed photos have been placed in individual acid-free sleeves. HISTORIC CEMETERIES: Supervised the maintenance of the three (3) Indianola cemeteries and the Ranger Cemetery in Port Lavaca and repaired fences and gates in said cemeteries and removed any undesirable growths in the cemeteries. Unfortunately, labor was not available to clean all the cemeteries at certain times, but diligent effort was made to keep said cemeteries cleared of grass and other growth. MUSEUM ASSISTANCE & ARCHIVES: e George Anne Cormier, the Museum Curator and Chairman of the Museum Assistance & Archives Committee, with the assistance of committee members and other commission members, Charles A. Husak, Peggy Ryan, Mary Belle Meitzen, Phil Thomae, Barbara Sikes, Elizabeth Mutchler, Lewis Madden, and Sammye Diebel, continued their work on completing a catalog for the museum and its inventory and archives. HISTORIC MARKERS: Repairs were made to the interior and exterior of the Half Moon Reef Lighthouse (1858) and also to window shutters and one door. The front door of the lighthouse is under contract to be replaced to appear like the original door which is beginning to fall apart. An AIC unit was purchased and installed in 2001, in such a manner that visitors will not realize said unit is a part of the Half Moon Reef Lighthouse. This unit was necessary due to the summer heat which made it impossible for any volunteers to work in the lighthouse on extremely hot days. Doorframes had to be repaired, and a leak in the roof was also repaired; however, said leak returns after a large blowing rain. The repairs continue to stop the leak temporarily. The commission members restored the face of all historical markers in the county which were in need of restoration. Also, a replacement marker was purchased for the Green Lake Communi ty after being destroyed by a vehicle driven by an unknown individual. 4 e 679 '. e HISTORIC PHOTOGRAPHS , GENEALOGICAL RECORDS: Work is being continued on identifying slides and information is being entered in the database. Calhoun County Historical Commission members Donald McCarn and Bobby Sparks, and Dean Johnstone, volunteer performed these services. The continuation of data is being entered in the museum computer. BLACK HISTORY: In February of 2001 we did not have the exhibit for Black History Month. The Museum was temporary closed due to the demolition of the old Calhoun County Jail which was located next to the museum. PRESENTATIONS TO PUBLIC SCHOOL CHILDREN, ORAL PRESENTATIONS , EXHIBITS: Several programs (7) were given to local school children, teachers and parents (253) on the Karankawa Indians and carving exhibits made by committee member, Charles Husak. The Chairman of the Calhoun County Historical Commission, George Fred Rhodes, made several presentations to civic groups pertaining to Calhoun County history. Tours were gi ven to local YMCA children of Indianola and to a local Girl Scout Troop of the historic Port Lavaca Cemetery. A tradi tion of decorating the Christmas tree at the Calhoun County Museum was not repeated due to the illness of the Museum Curator, George Anne Cormier. Several commission members gave presentations to various groups in the county pertaining to Calhoun County history. e Special Presentations and Other Activities In and OUtside of Calhoun County: Chairman George Fred Rhodes was involved in the following presentations, activities, and meetings during 2001: presented the Year End Report to the Commissioners' Court of Calhoun County on January 23,; presented the names of members of the 2001 Calhoun County Historical Commission to the Court on January 31; appeared before the Court on January 16, 2001 for a meeting concerning the Matagorda Island Foundation; met wi th Mary Clark of First Victoria National Bank and Glen Ely, of Forest Glen Productions regarding taping of Calhoun.' County and its history and raising grants for such activities on January 25, 2001; attended and gave a speech at the John W. Stormont Lectures at e 5 ., - 680 e Victoria College on the Hunley Submarine, Victoria, TX, on February 2-3, 2001; met with Commissioners' Court regarding Matagorda Island Foundation in reference to the restoration of the lighthouse on March 13, 2001; CCHC meeting to introduce new members and discuss matters pertaining to projects and .activities for Calhoun County (2001) on March 14, 2001; Chairman, George Fred Rhodes, had camels brought in from Valley Mills, Texas, Doug Baum, Owner, for public schools to view and also at Indianola on April 6-7, 2001; appeared before the Court for routine business on April 3, 2001; attended Annual Historic Preservation Conference in Austin, TX, and received the 2000 DSA Award on April 20, 2001; attended Commissioners' Court meeting for routine business on April 12, 2001; speech to HJM Elementary school students regarding history of Port Lavaca and Calhoun County on April 26, 2001; attended Museum Committee meeting on May 1, 2001; speech to United Daughters of Confederacy luncheon in Victoria, Texas on June 1, 2001; speech to Rotarians of Port Lavaca Rotary Club regarding the Hunley SUbmarine on July 20, 2001; attended Commissioners' Court meeting regarding the Budget Workshop for 2002 budgets on July 25, 2001; speech to Rotarians of the Victoria North Side Rotary Club regarding the Hunley Submarine on August 9, 2001 in Victoria, TX; presided at the meeting of the Calhoun County Historical Commission on October 23, 2001; tour of the Half Moon Reef Lighthouse to Elementary students on December 14, 2001 e The Director of the museum went to San Antonio in April 2001 to the Texas Association of Museum meeting. The ordering continues of items in the Museum gift shop, and the items in the shop are continually updated. The museum is continuing to receive gifts from individuals that enhance the collection. The Museum Curator attended The Texas Association of Museums annual meeting and has been involved with the Texas Historical Commission, along with members of other counties, concerning the final disposition of the La Belle material. The Museum has continued its membership in the TAM and has added a new membership in the AAM, Texas Association of Museums, American Association of Museums, Texas Independent and Settlement Region, which is a part of the Texas Independence Trail, and a member of the Museum Store Association. 6 e .681 Museum attendance for 2001 was as follows: Calhoun County Visitors: State Visitors: Out of State Visitors: Out of U. S. Visitors: 428 225 2 121 Total Visitors for 2001: 776 e Name of persons completing this report: Donna Woods, Secretary George Fred Rhodes, Chairman Address: P.O. Box 988 Port Lavaca, Texas 77979 Daytime Phone: (361) 552-6342 Fax No.: (361) 553-7070 E-mail: gfrlfaltisd.net Respectfully submitted, CALHOUN COUNTY HISTORICAL COMMISSION B~~~~ .. - G GE F D HODES, _ Chairman 7 The Calhoun County Historical Commission End of Year Report for 2001 has been personally delivered to the Commissioners' Court of Calhoun County, Texas, by Chairman, George Fred Rhodes, on the ,{4~ day of January, 2002. Accepted By: ~r~~-L Printed Name: fl-rlene.. AI fr1~Ad.// Title: ~CL'" 7 Juj r'~ e 682 e e e CONTRACT FOR ENGINEERING SERVICE - RE-ROOFING PA VILLION AT FAffiGROUNDS A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to authorize the County Judge to sign the contract for Engineering Services for re-roofing the pavilion at the fairgrounds with G & W Engineers, Inc. Commi~sioners Galvan, Balajka, Floyd, Finster and Judge Marshall all ~oted in favor. PROFESSIONAL SERVICES AGREEMENT CALHOUN COUNTY as CLIENT engages G & W ENGINEERS, INC. as ENGINEER to perform professional services for the assignment described as follows: REMOVE AND REPLACE ROOF ON PAVILION BUILDING AT CALHOUN COUNTY FAIRGROUNDS 1. SERVICES: ENGINEER agrees to perform Basic Services and Additional Services in conformance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: ENGINEER will perform these services in three phases: 1. Preliminary Phase: ENGINEER will discuss the assignment with CLIENT; prepare preliminary drawings and preliminary construction cost estimates and present recommendations. 2. Design Phase: After completion of Preliminary Phase and when authorized by CLIENT, ENGINEER will prepare final contract drawings, specifications and cost estimates; and prepare necessary bidding documents. 3. Construction Phase: After completion of Design Phase and when authorized by CLIENT, ENGINEER will assist CLIENT in securing and analyzing bids or negotiated proposals, recommend awards of construction contracts and consult with CLIENT during construction; transmit instructions of CLIENT to Contractor; periodically visit construction site to observe progress and quality of work; interpret drawings and specifications; review shop drawings, material and equipment tests and Contractor's pay estimates; observe the completed construction for conformity to contract documents; and issue to Contractor a Certificate of Completion at which time Basic Services shall deemed complete. B. ADDITIONAL SERVICES: All work performed by ENGINEER which is either described in this paragraph or not included in the Basic Services defined above, shall constitute Additional Services. These shall include: I. Travel and subsistence to points other than ENGINEER'S or CLIENT'S offices and project site; 2. Copies of construction documents in excess of 10 sets; 3. Revisions to substantially completed construction documents or approved preliminary documents occasioned by changes in scope of work; Page I of 5 PROFESSIONAL ENGINEERING SERVICES AGREEMENT Remo't't: &; Replace Roof Oil Ptn'i1ioll Bldg. at Fairgrounds CalhounCollmy(99973531 683 e 4. Soil, mill, shop and laboratory tests; 5. Resident project representation; 6. Special reports or studies, property maps, plats, preparation of environmental statements, applications for permits or grants, appearances before regulatory agencies, and required filing fees; 7. Revisions to construction documents to indicate as-built conditions; 8. Services as an expert witness including preparation of engineering data and reports on behalf of the CLIENT or in connection with litigation or other controversies, or in consultation with CLIENT or attorneys; 9. Renderings, exhibits or scale models; 10. Additional or extended services during construction made necessary by work damaged by fire or other cause during construction; defective or neglected work of contractor; prolongation of construction contract time by more than 20%; acceleration of work schedule involving services beyond normal working hours; or default under construction contract due to delinquency or insolvency; e II. Services after issuance of Certificate of Completion; 12. Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by CLIENT; 13. Other services not otherwise included in this Agreement or not customarily fumished in accordance with generally accepted ENGINEER practice. II. COMPENSATION: CLIENT agrees to pay ENGINEER for above described services in accordance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: Compensation will be an amount equal to a fixed percentage of the Total Construction Cost (as defined below) for the services in each phase as scheduled below: ENGINEERING: PRELIMINARY PHASE: DESIGN PHASE: CONSTRUCTION PHASE: TOTAL: 1.5 % 3.0 % ~% 6.0 % e Page 2 of5 PROFESS/ONAL ENGINEERING SERVICES A OREEMENT Remove & Replace' Roof un Pavifion Bfd~. IJ.I Fairgrounds CulhounCllunry'(999735lJ ., 684 1. Total Construction Cost: a. Total construction cost shall be based on and include, among others, the following items: e (I) all work designed and/or specified by ENGINEER, including labor, material and equipment (including work covered by additive alternates, that increase the cost of the project if used); and (2) all labor, material and equipment furnished by CLIENT or by others. b. Total Construction Cost shall not be based nor include: (I) compensation payable to ENGINEER under this Agreement; (2) compensation payable to any architect or other ENGINEER, or (3) expenditures not connected with construction or design, such as land acquisition costs or attorneys' fees. c. Total Construction Cost shall be (I) the actual cost to the CLIENT of the finished project, if there is reasonable adequate information from which such cost amount can be determined, plus the amount of the proposal received from the successful bidder for each additive alternate not used (or the ENGINEER'S most recent cost estimate for such alternate, if no proposal is received); e (2) if reasonably adequate information is not available from which actual cost can be determined, then the lowest bona fide proposal received for construction of the project, including all additive alternates of that proposal; (3) if such a proposal is not available, then the ENGINEER'S most recent cost estimate for the project including all additive altemates. In determining Total Construction Cost, reduction shall not be made for any deductive alternates that decrease the cost of the project if used. B. ADDITIONAL SERVICES: Compensation will be an amount in accordance with the attached rate sheet. Page 3 of 5 PROFESSIONAL ENGINEERJNG SERV1CES AGREEMENT Rrmovf! & ReplaCf Roof 011 PaI:ilio" Bldg. UI Fairgrounds ColhuurI Cmuuy(9997353) e 685 e rn. PAYMENTS: ENGINEER will invoice CLIENT monthly in amounts based on ENGINEER'S estimate of the portion of the Basic Services performed. CLIENT agrees to promptly pay ENGINEER at his office in Calhoun County, Texas, the full amount of each such invoice upon receipt. IV. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, estimates, specifications, fieldnotes and data are and shall remain the property of the ENGINEER. CLIENT may at his expense obtain a set of reproducible record copies of drawings and other documents, but agrees that he will use such copies solely in connection with the project covered by this Agreement and for no other purpose. V. COST ESTIMATES: Cost Estimates prepared by the ENGINEER represent his best judgement as a design professional familiar with the construction industry. It is recognized, however, that the ENGINEER has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over-competitive bidding or market conditions. Accordingly, the ENGINEER cannot and does not guarantee that bids will not vary from any cost estimate prepared by him. VI. INSURANCE: ENGINEER agrees to maintain workmen's compensation insurance to cover all of its own personnel engaged in performing services for CLIENT under this Agreement. ENGINEER also agrees to maintain public liability insurance covering claims against ENGINEER for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this Agreement. e VIT. LIABILITY LIMIT A TION: ENGINEER shall have no liability to CLIENT or to others as consequence of express or implied approval of any construction activities, for any defective construction (whether or not observed or approved by ENGINEER), for any excess of construction costs over an amount estimated, or for any other reason beyond warranty of the use of reasonable skill in the preparation of particular drawings and designation of particular materials for the assignment covered by this Agreement. In no event shall ENGINEER'S liability exceed the amount of total compensation received by ENGINEER under this Agree- ment. Vrn. TERMINATION: A. CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of ENGINEER'S services either by CLIENT or by ENGINEER, upon seven days written notice to the other at the address of record. Termination shall release each party from all obligations of this Agreement except as specified in paragraph vrn. B., below. B. COMPENSATION PAYABLE ON TERMINATION: On termination. by either CLIENT or ENGINEER, CLIENT shall pay ENGINEER the full amount specified in paragraph 'II, with respect to any Engineering Services performed to date of termination (including all Reimbursable Expenses incurred). e Page 4 of 5 PROFESSIONAL ENGINEERING SERVICES AGREEMENT Rtmovt oX Rtplar:t Roof on Pavilion BId'!. U/ Fairgruunw Calhoun Cuunr...19997 353) 686 e e e IX. SUCCESSORS AND ASSIGNS: CLIENT and ENGINEER each binds himself, and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Neither CLIENT nor ENGINEER shall assign, sublet, or transfer his interest in this Agreement without written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than CLIENT and ENGINEER. X. SPECIAL PROVISIONS: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: XI. MODIFICATIONS: No one has authority to make variations in, or additions to the terms of this Agreement on behalf of ENGINEER other than one of its officers, and then only in writing signed by him. CALHOUN COUNTY G & W ENGINEERS, INC. By: (2,roq By:~1(.~ NametTitle: Arl pnp N M~r:c:h.<l' 1 County Judge David W. Gann, P.E., President Date: l/n/O? Date: tJ / - /'1" - tf? 2- Page 5 015 PROFESSIONAL ENGINEERING SERVICES AGREEMENT R~movt! &: Replace Roof on Puvilion Bld~ IU Fairgrounds Calhoun Cllunrr(9997 JjJ! .687' G&W ENGINEERS, INC. 205 W. Live Oak Port Lavaca, Texas 77979 (361) 552-4509 Fax (361) 552-4987 INDIVIDUAL RATE SCHEDULE (Elfccti.. January I, 2002-December 3 t, 2002) OFFICE PERSONNEL Registered Professional Engineer Staff Rngin"", Registered Public Surveyor Project Coordinator (Dependent on Job Requirements) Design Coordinator Surveying Coordinator Engineering Technician Engineering Designer Construction Inspector Computer Technician Engineering Assistant Draftsman Secretary Resident Inspection (Dependent On Job Requirements) $96.001Hr. $68.001Hr. $83.001Hr. $68.00 - $96.001Hr. $60.001Hr. $55.001Hr. $55.001Hr. $42.001Hr. $39.001Hr. $36.001Hr. $34.001Hr. $33.001Hr. $25.001Hr. e FIELD SURVEY CREWS Two Man Survey Crew Three Man Survey Crew VEffiCLE & EOUIPMENT Passenger Vehicle Survey Vehicle Four-Wheel ATV 16' Aluminum Survey Boat 14' Aluminum Survey Boat GPS Total Station Digital Camera $ 77.501Hr. $ 95.501Hr. $ .345/Mile $ .345/Mile $125.00/Day $150.00/Day $lOO.OO/Day $425.00/Day $ 15.00/Day e DIRECT EXPENSES Computer Time Plots Survey Stakes, Lathes, Iron Rods, and Other Direct Expenses Reproduction and Printing Outside Consultants $ 1O.001Hr. $ 1O.00/Each Cost + 15% Prevailing Commercial Rates Cost + 10% NOTES 1. Field party rates include a charge for normal equipment, and supplies. (Field crew time is charged from departure to return to its home office.) Abnormal use of stakes, lathes, etc. used during the construction phase of a project will be charged as indicated. Mileage will be charged for trips to and from office. 2. A minimum of two (2) hours field party time charge will be made for show-up time and return to office, resulting from inclement weather conditions, etc. 3. Field party stand-by time will be charged for the above shown appropriate rates. 4. When authorized by the client, overtime premium multiplier of 1.5 will be applied to the billing rate of hourly personnel who work overtime in order to meet a deadline which cannot be met during normal hours. 5. Applicable sales taxes, ifany, will be added to these rates. Engineering . Architecture . Planning . Surveying e PORT LA V ACA CEMETERY ASSOCIATION - REPORT A report by Mary Kay Mabry and Mary Lois McMahan with the Port Lavaca Cemetery Association was given. The Association has voted to eliminate the $5.00 burial permits. The problem of the Indigent Burial bills of $2,575 not being paid was mentioned. Judge Marshall said the County will pay the bills. 688' i' I e I I e e Burial of indigents, including cost amounts and places of burial was discussed by the Court, Port Lavaca Cemetery Association and Frank Kelly, Jr. with Richardson Funeral Home. The County having no written policy concerning burial of paupers was also discussed. Commissioner Floyd suggested getting information from other cemeteries and funeral homes regarding costs and requirements. Judge Marshall suggested doing a letter of inquiry. Frank Kelly offered to get the cemetery personnel and get one price for cemetery and funeral home costs combined for the Court. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to request the County Judge to write letters to obtain price breakdoWn for indigent burials from active cemetery associations and active funeral homes. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. TO: CALHOUN COUNTY COMMISSIONERS' COURT: Following is a list of expenses the Cemetery Board feels is reasonable for the burial of an adult who is indigent and is a resident of Calhoun County: Space Burial & Restoration Permits Open & Close Gravesite Lowering Device $400.00 50.00 225.00 150.00 S825.00 Exceptions: If the family owns a burial space deduct S400.00 If tent is needed because of inclement weather add SI00.00. Burial of infant: Space Burial & Restoration Permits Open & Close Gravesite S200.00 50.00 75.00 S325.00 Exceptions: If the family owns a burial space deduct S200.00 If the tent is needed because of inclement weather add S100.00 Additional savings to the County: No funerals will be scheduled on week-ends which is a savings ofSIOO.OO. Cost of burial space is $400.00 instead ofS500.00. APPOINTIRE-APPOINT CALHOUN COUNTY LffiRARY BOARD MEMBERS A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to re-appoint Mrs. D. J. Williams, Susie Usoff and Carol Smith as Calhoun County Library Board members. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. MARCH 2002 JOINT PRIMARY ELECTION - RESOLUTION A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to approve the following Resolution concerning the March 2002 Joint Primary .Election. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted In favor. ..689 Elections PRIMJjresolution.doc Prescribed by Secretary of Stale Section 172. 126,V.T.C.A., Election Code, 8/99 JOINT PRIMARY RESOLUTION 2002 e WHEREAS, the Democratic Party of Calhoun County, Texas and the Republican Party of Calhoun County, Texas, desire to enter into a 2002 Joint Primary Election Services Contract with the Calhoun County Elections Administrator, as the County Election Officer. AND WHEREAS, the Commissioners' Court of Calhoun County, Texas desires to give authorization for said Contract. NOW THEREFORE BE IT RESOLVED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, THAT: Said Commissioners' Court authorizes a Joint Contract by and among, Evelyn Burleson, Democratic Party Chair, and Connie Hunt, Republican County Chair, and Stephanie Smith, County Election Officer of Calhoun County, Texas, for the conduct and supervision of the Calhoun County Joint Primary Election on March 12,2002, and the Calhoun County Joint Primary Runoff Election, if necessary, on April 09, 2002. PASSED AND APPROVED, THIS lL DAY OF -M---, 2002. ~~1{tiA~~i-lf Sign lure of County Judge e LM"JL.Q 5-Q.~ Signature of Commissioner, Precin 2 Signature of Commissioner, Precinct 3 ~w,L~ . Signature of Commissioner, Precinct 4 Calhoun County Democratic party BY:~~Jl~ ) , County Chair By , County Chair Calhoun County Elections Official e ,,~ , County Elections Administrator .690 BIDS AND PROPOSALS - LAW ENFORCEMENT LIABILITY INSURANCE A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to authorize the County Auditor to advertise for bids for Law enforcement liability insurance with bids to be opened in the County Judge's Office on March 21, 2002 and bids considered by the Court on March 28, 2002. (The present policy expires on April 2, 2002). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e APPROVAL OF MINUTES A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to approve the Minutes of October 8, 2001, Oetober 11, 2001 and October 12, 2001. . Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Arlene N. Marshall County Judge H. Floyd Commissioner, Pct. 3 Roger C. Galvan Commissioner, Pet. 1 Kenneth W. Finster Commissioner, Pet. 4 Michael 1. Balajka Commissioner, Pet. 2 Shirley Foester Deputy County Clerk BIDS AND PROPOSALS - ROAD MATERIALS - ITEM 330. TYPE D (PRE-MIX LIMESTONE) e A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to rescind the previous award to Gresham Trucking for Item 330, Type D (pre-Mix Limestone) and to award the bid to the lowest bidder that meets specifications, being Smyth Mines, in the amount of$33.61 per ton for Item 330, Type D (pre-Mix Limestone). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. . . BEN H. CO c JR. C.P .A. R CINDY IlDIlIIlI CBllfAUDfTDl IfSA CASU DlJIlSlllcKlNNlY. CPA wmAIT AUDITORS January 17, 2002 Honorable CoWlty Judge and Commissioners Calhoun County Courthouse Zll S. Ann Pan Lavaca, TX 77979 Dear Judge and Commissioners: It has come to my ~tte~tion that bid for Item 330, Type D (Pre~mix Limestone) that was awarded to ~ Trucking In December 2001 did not meet specification. Therefore I am requesting that an ltem be put on the next Commissioners Court Agenda as follows: . To rcconside~ the .award of the bid for Item 330, Type D (Pre-mix Limestone) and to take wha~ever. aC1J.on 15 necessary to award the bid to the lowest bidder that meets the specificatlon. e Mr. . Gr~. of Gresham Trucking, has advised us that his product does not meet the specIfication for Item 330. Type D (pre-mix Limestone). If additional infonnation is desired, please advise. YO=mll~2___ __ BenH.Co . key,Jr.CPA Y P County Auditor _~ CC: Gresham Trucking. 691 CONTRACT FOR SAFETY TESTING WITH THYSSENKRUPP ELEVATOR CORPORATION A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to authorize the County Judge to enter into a Contract with ThyssenKrupp Elevator Corporation for required safety testing. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e Calhoun County Cths Attn: 211 S. Ann Street Part Lavaca, TX 77979 Route Num.: 0008 Contract I F003723 Customer # Serial # 340037 Phone: Fax: January 14, 2002 For Elevators at Calhoun County Cths 211 S. Ann Street Port Lavaca, TX 77979 (f) ThyssenKrupp , Elevator Quantity: One Type: Traction Test lA:i1riUaiI/5 year The annual QEI inspection (as indicated above) for your elevator(s) are due during the month of February 2002. The following is our proposal to perform the annual safety test as required by the State of Texas and the American National Safety Code, witnessed by a QEllnspector, and certified with the State. This covers the cost of providing a aEI Inspector plus coordination, notification, transportation, scheduling, handling, processing documents, providing written quotations for bringing equipment into compliance. We propose to provide the services for the sum at $160,00 . As authorized please sign and return one (1) copy of this proposal. Should you have questions or comments, please do not hesitate to contact us. ThyssenKrupp Elevators will exercise caution and care in the performance of this testing, but Will not be responsible lor any damage done to the building structure or equipment occasioned by these tests. e Unless otherwISe stated, Purchaser agrees to pay as follows: 100% upon completion. This Proposal is submitted lor acceptance within 30 days from the date executed by Elevator Contractor. Purchaser's acceptance 01 this Proposal and its approval by an executive officer of Elevator Contractor Will constitute exclusively and entirely the Agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein. and no other changes in or additions to this Agreement will be recognized unless made in writing and properly executed by both parties. This Proposal specifically contemplates work outside the scope 01 any maintenance contract currentiy in effect between the parties; any such contract shall be unaffected by this Proposal. No agent or employee shall have the authority to waive or modify any terms of this Agreement. 4CALHOUN~0'rTYAl A ' / / ThyssenKrupp Elevator Corporation 8Y: h~ .IA...A'A.. Office a!: ~BearLane#406 Signature I authorized official d.. .0 ,V BY: (/fllJUv.;o.. ') Print Name: Arlene N. Marshall TITLE: County Judge DATE: 1/28/02 Print Name: Dawn Folks APPROVED BY: .. ADDENDUM TO CONTRACT: To include the cost of the inspector fee and coordination for future annual tests we will increase the amount of your maintenance agreement $ 12.00 per month. Upon approval please in'itial and date. Initial Date e ThyulInKrupp Bev.ator Corporation 5""9 Be.i1rlane,.40G Carpus Chrisd, Texas 1BAIS Tl!1ephanl!..: 381-.29~O;S~ elJO..33+aSM Fu; 361,-2.99-0602 E...nrail: d..wn.folk:sC!lth~.s~krupp~eviiltor.cGm Internet: www.thr-.unknlp.pelevalor.c:om 692" ::::: January 14, 2002 ~ ThyssenKrupp Elevator e CalhDun CDunty Clhs Altn: 211 S. Ann Street PDrt lavaca, TX 77979 RDute Num.: 0008 CDntract: IF00372 CustDmer # Serial # 340038 PhDne: Fax: FDr Elevators at: CalhDun County Cths 211 S. Ann Street Port lavaca, TX 77979 Quantity: One Type: HYdrD Test: ~ 15 year The annual QEI inspection (as indicated above) far your elevator(s) are due during the month Df February 2002. The following is our proposal to perform the annual safety test as required by the Statp Df Texas and the American National Safety Code, wnnessed by a QEllnspector, and certified with the State. This covers the cast of prOViding a QEI Inspector plus coordination, notification, transportation, scheduling, handling, processing documents, providing written quotations far bringing equipment into compliance. We propose to provide the services far the sum at S160.00 . As authorized please sign and return ane (1) copy of this proposal. Should you have questions or comments, piease do not hesitate to contact us. ThyssenKrupp Elevators will exercise caution and care in the performance of this testing, but will not be responsible far any damage done to the building structure or equipment occasioned by thesa tests. Unless otherwise stated, Purchaser agrees to pay as follows: 100% upon completion. This Proposal IS submitted far acceptance within 30 days from the date executed by Elevator Contractor. Purchaser's acceptance of this Proposal and its approval by an executive officer of Elevator Contractor will constitute exclusively and entirely the Agreement far the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no ather changes in or addITions to this Agreement will be recognized unless made in writing and properly executed by both parties. This PrDpDsal specifically contemplates work outside the scope of any maintenance CDntract currently in effect between the parties; any such cDntract shall be unaffected by this Proposal. e ThyssenKrupp Elevator Corporat,on Office at:~ane #406 BY' ~ BY: Print Name: Arlene N. Marshall Print Name: Dawn Folks TITLE: County Judge DATE: 1/28/02 APPROVED BY: .. AOOENDUM TO CONTRACT: TD include the CDst Df the inspector fee and coordination far future annual tests we will increase the amount of your maintenance agreement $ 1200 per month. Upon approval please initial and date. Initial Date CONTRACT FOR TECHNICAL SERVICE SUPPORT WITH MEDTRONIC PHYSIO-CONTROL e A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to authorize the County Judge to enter into a Contract with Medtronic Physio-Control for technical service support. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. .693 TECHNICAL SERVICE SUPPORT AGREEMENT ~ Medtronic PHYS10.CONTROl Contract Number: End User # 0221190 1 CALHOUN COUNTY EMS 216 EAST MAHAN PORT LA V ACA, TX 77979 Bill To # 02211902 CALHOUN CNTY VOLUNTEER EMS 216 E MAHAN PORTLAVACA, TX 77979 This Technical Service Snpport Agreement begins on 2/1/02 and expires on 1/31/03. The designated Covered Equipment and/or Software is listed on Schedule A This Technical Service Agreement is suQject to the Tenus and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also su,*,"t to Medtronic Physio-Control Corp. 's Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $5,496.00 per term, payable in Annual installments. Special Terms 10% DISCOUNT ON ACCESSORIES 5% DISCOUNT ON ALL ELECTRODES Medtronic Physio-Control Copy Accepted: MEDTRONIC PHYSIO-CONTROL CORP. -- --:---, By: ....~\..\..t, :~-Z((.p Title: !?fflIV/{'f'/C Y::<'vd'i5 Date: L;':s,'/; ,v (';:::2. Customer: By: Print: Title: Date: Purchase Order Number: Territory Rep: WECC54 JIM PRICE Phone: 800-442-1142 X27l8 FAX: 800-772-3340 Customer Contact: Henry Batber Phone: 361-552-1140 FAX: Reference Number: C54-ll34 Renewal Printed: 1/4/02 Page t of 3 ~ 694' e e e ~ e e e ~ Medl:ronic MEDTRONIC PHYSIO-CONTROL CORP. Medlmnk Ph~";o.C'mlwl C'''p. IlSl1 \~/iiln\\"s Road NE TECHNICAL SERVICE SUPPORT AGREEMENT P. o. Bn' "'0"' Rl'l.hl1Ol1d. \'C-\ ':SD7VJ7.tS L:S..\ SCHEDULE A \\\\w.pI1V"i0UJl1trol,(()111 \\\\-\\,llll'dlrr'IlIC((llll PHYSIO-CONTROL Contract Number: Servicing Rep: District: Phone: FAX: (\1~tol11<'l- -lIJ)POrl ."()(),.~.\2.11 J.l 1,;\ J.l,.~(,7.J.-j j- JIM PRICE. WECC54 SOUTHWEST 800-442-1142 X27l8 800-772-3340 Equipment Location: Scope Of Service CALHOUN COUNTY EMS, 02211901 Ship In Repair - 1 On Site Inspection per year:M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Dote Inspections LlFEP AJ(@300 804900-03 004151 7 2/1/2002 1/31/2003 LIFEP AK@300 804900-03 004149 6 2/112002 1131/2003 UFEP AJ(@ 300 804900-03 004149 5 2/l/2002 1/31/2003 LlFEP AJ(@ 300 804900-03 004139 4 :2/1I2002 1131/2003 LIFEP AK@ 300 804900-03 004119 3 2/l/2002 1/3112003 LlFEPAJ(@300 804900-03 003933 2 2/112002 1/31/2003 LIFEP AK@300 804900-03 003655 2/1/2002 1/31/2003 LIFEP AK@ 300 804900-03 006538 6 2/1/:2002 1/31/Z003 .. Denotes an inVenlory line that has changed since the last contrad revision or addendum. Medtronic Physio-Control Copy Reference Number: C54-l134 Renewal Printed: 1/4/02 Page 2 of 3 695 ~. Medtronic PHYSIQ.CONTROL MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B ~,'t'dtronir Ph\'.;io-Conlrol Corp. \ IX11 Willo\\"" RU;lJ NE P. O. Box 'J7()..Hi ReJmond. \'i;:\ ':S073.97.J.H USA \\"\\W. plly~ionH\ t rol.':OITl \\\\W,ll1,'dlrolli(.COlll LIFEPAK@3ooAUTOMATICADVISORYDEFIBRlLLATOR "lI~t()I)h'i' "lIppnn SI)()..!~2.II.lJ. i-;I\-t25..'-.:(,-.,I:,'- e .. Case changes are excluded . Repair coverage for ~edtronic Physio-Control@ ECG, PllCing and Defibrillation Simulators included . Battery chargers are mcluded and shall be exchanged up to oue battery charger per Lifepak 300 aut~tic advis defibrillator (lIsted on Schedule A) as detennined necessary by Medtronic PhysicrControl. my Medtrouic PhysiM:outrol@Battery Pal< .. C~tomer retains the responsibility. to perform the battery maintenance and evaluation procedures outlined in the ~er;c: ~.~ and to replace battenes that do not pass the conditions outlined under "Discarding/Recycling Batteries n a enes aJ. mg to meet battery perfonnance tests should be removed from service and 1 d" .. .. If customer provides evidence that a Medtronic Physio-Control Battery Pak fails to m~~ ;.n~~ i~~Cled). ~~ted a~ve ar;~or the Battery Pal< age exceeds 2 years, Medtronic PhysiM:ontrol shall replace said Medtrouic YSlQ- ontro attery Pal< (like for like) I.e. LIFEPAK 300 SLA for LIFEPAK 300 SLA, up to a maximum of 3 Medtr . P:YS1Q-Con~01 Battery Pales every two years (including prior Support Plan periods) per LIFEPAK@ 300 automatic ornc a VISory de brillator (lIsted on Schedule A). To assist in proper recycling and removal of low capacity batteries replaced Battery Pales become the property of Medtronic Physio-Coutrol and must be returned at the time of exchange. Medtronic Physio-Control Copy Reference Number: C54-ll34 Renewal Printed: 1/4102 Page 3 of 3 e INDIGENT BURIALS - PAUPERS This agenda item was passed. PUBLIC NUISANCE ORDINANCE ENFORCEMENT OFFICER- INTERLOCAL AGREEMENT WITH THE CITY OF PORT LA V ACA- DISCUSSION Commissioner Galvan stated he met with the Port Lavaca City Manager regarding our Interlocal Agreement for a public nuisance ordinance enforcement officer. Rob Thigpen, has been handling this but since the City's re-structuring, has no time for this work. Judge Marshall suggested canceling the Interlocal Agreement with the City of Port Lavaca and using Ruben Hernandez part-time who will have enforcement authority. Commissioner Balajka stated someone who will be readily available is needed. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to advise the City of Port Lavaca that we cancel the Public Nuisance Contract signed on May 31, 2000. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. PUBLIC NUISANCE ORDINANCE ENFORCEMENT OFFICER- DESIGNATION OFPOSmON AS A RESPONSmlLITY UNDER THE COUNTY JUDGE'S OFFICE e The Court discussed the duties and salary of the DAR.E. officer and the Public Nuisance Ordinance Enforcement officer. He would be paid hourly for each position but at a set salary; the money is already allocated. 696 Commissioner Floy4 said the requirements of the position should be set and then advertise for same. .Ben Comiskey, County Auditor, stated how you are creating this position determines how it is filled. If someone is working under the County Judge, she appoints someone to fill the position. Ruben Hernandez said his commission will still be carried with the City of Port Lavaca but they will not carry the DAR.E. program. He can schedule his time with the schools and can work out the salary. No applications were submitted previously on the appointment of the Nuisance Code Enforcement Officer. Commissioner BaIajka said Mr. Hernandez is not now and has not been an employee of the City. There was discussion on his uniform. e A Motion was made by Judge Marshall and seconded by Commissioner Galvan that the Public Nuisance Code Enforcement officer be a responsibility under the County Judge's Office and the money now allocated for the contract with the City of Port Lavaca be transferred to her office. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GOLDEN CRESENT WORKFORCE BOARD - APPOINT MEMBER A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to appoint Dale Weathersby as a representative to serve on the Golden Crescent Workforce Board. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. JUDGE PRO- TEM AS PRESIDING OFFICER OF COMMISSIONERS' COURT - APPOINTMENT A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to appoint Commissioner Balajka as Judge Pro Tern to act as Presiding Officer of Commissioners Court in any absence of the County Judge all in accordance with the adopted rules and procedures of conduct and decorum at meetings of the Calhoun County Commissioners' Court. e In discussion, Commissioner Finster said it is very evident anyone of us could have read an item and make a motion on something before anybody else had a chance to review it. That put us back in position but I respect that you have the right to do-that. l'he issue is that maybe I had a name I wanted to present and didn't have that opportunity. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. CALHOUN COUNTY FLOODPLAIN ORDINANCE - AMENDMENT Commissioner Finster said he did not have time to check on the Floodplain Ordinance Amendment closely. He asked Leroy Belk about raising the required elevation a foot in Zones A and V only. Zone V elevation now has to be 9 feet - ifraised to 10 feet it could cause flooding to neighbors. Judge Marshall read from the Floodplain handbook, stating this would be an added level of security. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to amend the Calhoun County Floodplain Ordinance as provided without the one foot addition of the base foot elevation for construction. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e (ADOPTION of the AMENDMENT by the Commissioners' Court and the FLOOD DAMAGE PREVENTION ORDER with the AMENDMENT REGARDING SECTION E. VIOLATIONS, CRIMINAL PENALTY AND ENFORCEMENT follow.) 697' ,.\,-, ('-"\.., ~.~"":) .> . ,,","'.:' ....- ...-~~ + < ~:,... " '.~.'. . . '-~ ~,?~~-:. 698 ADOPTION Upon motion by Commissioner Kenneth Finster, Precinct Four, seconded by Commissioner Michael Balajka, Precinct Two, Article N, Section E, of the Calhoun County Flood Damage Prevention Order was amended pursuant to S.B. No. 936, and was approved by a vote of 5 for and -0- against. PASSED, ADOPTED AND APPROVED on this 24th day of January, 2002. COMMISSIONERS' COURT OF CALHOUN COUNTY H. Floyd, Precinct #3 Ltu-~~ Kenneth W. Finster, Precinct #4 Attest: Marlene Paul, County Clerk . " '.' .' ...-, " :;o,;_~. . ';,j , B'y,::' "; ". IJep tyc;h ~div . U) , : -r ~ ..... '.'4.)' -...+."-- ,......... ,," \-\' Ie e e , FLOOD DAMAGE PREVENTION COURT ORDER OUTLINE CROSS REF. NFIP REGULATIONS PAGE ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS 1 SECTION A Statutory Authorization I SECTION B Findings of Fact I SECTION C Statement of Purpose I SECTION D Methods of Reducing Flood Losses 2 ARTICLE 2 DEFINITIONS 2 59.1 ARTICLE 3 GENERAL PROVISIONS 7 60.(d)(I) SECTION A Lands to Which This Ordinance Applies 7 60.3(d) SECTION B Basis for Establishing the Areas of Special Flood Hazard 7 60.3(d)(I) SECTION C Establishment of Development Permit 7 60.3(d)(I) SECTION D Compliance 7 SECTION E Abro gation and Greater Restrictions 8 SECTION F Interpretation 8 SECTION G Warning and Disclaimer of Liability 8 ARTICLE 4 ADMINISTRATION 8 SECTION A Designation 0 f the Floodplain Administrator 8 60.3( d)(l) SECTION B Duties and Responsibilities of the Floodplain Administrator 8 60.3(d)(I) SECTION C Permit Procedures 9 60.3(d)(I) SECTION D Variance Procedures 11 60.6(a) SECTION E Violations and Penalties 12 ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION 12 SECTION A General Standards 12 60.3(d)(I) SECTION B Specific Standards 13 60.3(d)(l) 1. Residential Construction 13 60.3(d)(I) 2. N oDresidential Construction 13 60.3(d)(l) 3. Enclosures 14 60.3(d)(I) 4. Manufactured Homes 14 60.3(d)(I) 699 . . . . . . . . . . . . . . . . . . . SECTION C Standards for Subdivision Proposals SECTION D Standards for areas of Shallow Flooding (AO/AH Zones) SECTION E Floodways SECTION F Coastal High Hazard Areas 01 Zones) Certification 15 60.3(d)(I) 60.3(d)(I) 60.3(d)(1-3) 60.3(e)(I-8) 15 16 17 19 e e ^ TO: FROM: DATE: RE: III MEMORANDUM BILLY RAY ZWERSCHKE LINDA REESE, ATTORNEY AT LAW MARCH 2, 2000 PERMIT REQUIRED FOR UTILITY CONNECTION Whether Calhoun County can provide in its Floodplain Management Order that utilities shall not be provided unless a permit has been obtained for the structure pursuant to the Floodplain Management Order. CONCLUSION: Yes, please see discussion below. DISCUSSION I. According to the General Land Office, Calhoun County is a Coastal County as provided by Texas Local Government Code Section 240.901, which provides that a county bordering on the Gulf of Mexico or on the tidewater limits of the gulf may determine the ISSUE: boundaries of any flood prone area of the county. The suitability of that determination is conclusively established when the Commissioners' Court of Calhoun County adopts a resolution finding that the area is a flood-prone area.' 2. The Commisioners' Court may adopt and enforce rules that regulate the management and use ofland, structures, and other development in a flood-prone area of Calhoun County in order to reduce the extent of damage caused by flooding. The matters to which the rules 'Local Govt Code S 240.901(b) .701 e may apply include.... the prohibition of the connection ofIand with water, sewer, electricity, and gas utility service, if a structure or other development on the land is not in compliance with a rule adopted by the Commisioners' Court. 2 3. In this section, "flood prone area" means an area that is subject to damage from the rising water or flooding from the Gulf of Mexico or its tidal waters, including lakes, bays, inlets, and lagoons.3 4. If the Commissioners' Court prohibits the connection ofIand with water, sewer, electricity, and gas utility service, a person may not provide utility services that connect the land with utility services without written certification from the county that the property complies with the Floodplain Management Order' e 'Local Govt Code S 240.901(c)(4). 3Local Govt Code S 240.901(d) 'Local Govt Code S 240.901(t) I . 2 .;~;: fr '~ 702' I I I e . I I I I I I + I I I I I I MEMORANDUM TO: BILL Y RAY ZWERSCHKE FROM: LINDA REESE, ATTORNEY AT LAW I j I ,\ " DATE: FEBRUARY 28,2000 RE: REGULATION OF MOBILE HOMES ISSUE: Whether Calhoun County can provide in its Floodplain Management Order that ,~ !' .:1 installers or transporters of mobile homes must have a pemUt from the Foodplain Administrator in order to move or install a manufactured home in Calhoun County. CONCLUSION: No. Not without a public hearing, as discussed below. i! " 1. We cannot require them to get a pemUt to move a manufactured home on a county road. II . They are required to get a pemUt only from Department of Transportationt A county or municipality may not require a pemUt, bond, fee, or license, in addition to that required by state law, for the movement of a manufactured house.2 ':! :, Iii 2. A local governmental unit of this state, without the express approval of the board J foUowing a hearing on the malter, may not adopt different standards from those promulgated by the director for the construction or installation of manufactured housing within the local governmental unit. The local governmental unit must demonstrate that the lY.T.C.A., Transportation Code S 623.092(a) S PemUt Requirement; and Vernon's Ann.Texas Civ.St. Art. 5221fManufactured Housing Standards Act, Sec. 18(f)and (g). lV. T. C.A., Transportation Code S 623. 092(b) S PemUt Requirement and Manufactured Housing Standards Act, Sec. 18(f)and (g). Ii I 703 I public health and safety require the different standards. ' Before the adoption or promulgation of any standards or requirements authorized by this section, any change in or addition to the standards authorized in this section, or the approval of different standards by any local governmental unit, the director shall publish a notice and conduct a public hearing under Section 9 of this Act. < e e 'Manufactured Housing Standards Act, Section 4 (g). <Manufactured Housing Standards Act, Section 4 (h). 2 . III FLOOD DAMAGE PREVENTION ORDER ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS OF REDUCING LOSSES FROM FLOODS ~ SECTION A. STATlJTORY AUTHORIZATION The Legislature of the State of Texas has in Texas Water Code ~~ 16.311-322 delegated the responsibility oflocal governmental units to adopt regulations designed to minimize flood losses. Therefore, the Commissioners' Court of Calhoun County, Texas, does ordain as follows: SECTION B. FINDINGS OF FACT (I) The flood hazard areas of Calhoun County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood loses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this Order to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; 705 . . III . . . . . . . . . . . . . ~ II . (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Order uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; e (4) Control filling, grading, dredging and other development which may increase flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. e 2 706 .. ARTICLE II DEFINmONS Unless specifically defined below, words or phrases used in this Order shall be interpreted to give them the meaning they have in common usage and to give this Order its most reasonable application. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX _ means a point on an alluvial fan or similar landform below which the flow path ofthe major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPEAL _ means a request for a review of the Floodplain Administrator's interpretation of any provision of this Order or a request for a variance. AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, AI-99, VO, VI-30, VE or V. BASE FLOOD _ means the flood having a one percent chance of being equaled or exceeded in any given year. BASEMENT _ means any area of the building having its floor subgrade (below ground level) on all sides. BREAKA WAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CASH VALUE, MARKET VALUE, OR FAm MARKET V ALUE- shall mean the amount of money within a reasonable period of time, that a person desiring to sell, but not bound to do 3 .707 11II . . . . . . . . . . . . . . . . . I so, could procure for the property from a person desiring and able to buy, but not bound to do so. COASTAL IDGH HAZARD AREA - means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources, including, but not limited to hurricane wa~e wash or tsunamis. The area is designated on the FIRM as Zone VI-30, VE, or V. COMMISSIONERS' COURT - means the Commissioners' Court of Calhoun County, Texas. COUNTY - means the unincorporated areas of Calhoun County, Texas. CRITICAL FEA TURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. e DWELLING OR DWELLING PROPERTY - means a structure designed for the occupancy of one to four families, including said structure while being constructed, altered, or repaired. ELEVATED BUILDING - means a nonbasement building (I) built, in the case ofa building in Zones AI-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case ofa building in Zones VI-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones AI-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means offill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones VI-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of"elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." e EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction offacilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the 4 . . f . . . . . I t I I I I I I construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. . EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site' grading or the pouring of concrete pads), FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of norma11y dry land areas from: (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map, FLOODPLAIN ADMINISTRATOR - means the individual, appointed by the Commissioners' Court of Calhoun County, Texas, empowered and charged with the responsibility of implementing and carrying out the terms of this Order. When appropriate, the term, as used herein, shall also apply to any assistants to the Floodplain Administrator, who may be designated as assistants by the Commissioners' Court of Calhoun County, Texas. FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding), I I I 11 " I , :.1 FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning orders, subdivision regulations, building codes, health regulations, special purpose orders (such as a floodplain order, grading order and erosion control order) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. I .. , FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically I' " I~ i: I , 5 '" I' _ 709 I I I I . . I . . . . . . . . . . . . I e to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, darns, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODW A Y (REGULA TORY FLOODW A Y) - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The tenn includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. e HABITABLE FLOOR - means any floor usable for the following purposes which include working, sleeping, eating, cooking, recreation, or a combination thereof A floor used only for storage is not a "habitable floor". ffiGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. ffiSTORlC STRUCTURE - means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualifY as a registered historic district; <0 Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (d) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: e (1) By an approved state program as determined by the Secretary of the Interior or; 6 e. . . . . . . . -- . . . . . . . It . . ~ , (2) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirement of Section 60.3 of the National Flood insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For purposes of floodplain management, the term "manufactured home" also means park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDMSION - means a parcel (or contiguous parcels) ofland divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MINOR REPAIR - means any repair, reconstruction or improvement of a structure, the cost of which is less than One Thousand Dollars ($1,000.00), or less than ten percent (10%) ofthe actual cash value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, the value before the damage occurred. The lesser of the these amounts shall be applied to determine if a repair is a minor repair as contemplated in this Order. Minor repair is stared when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or 7 _ 711 I I I I I I I I I I I I I I I I I I I r.e after December 31, 1974, whichever is later, and includes any subsequent improvements to such structUres. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactUred home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. PRIMARY FRONTAL DUNE - means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. e RECREATIONAL VEIDCLE - means a vehicle which is (1) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. SAND DUNES - mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building pennit was issued, provided the actUal start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structUre on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actUal start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external Ijimensions of the building. ','; Ie "". :'1 I' 8 I' ): STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (I) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not; however, include either: (I) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure. " VARIANCE - is a grant of relief to a person from the requirement of this Order when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Order. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLA nON - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(lO), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEV AnON - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 713 . -. ,. '" --'.' e ARTICLE ill GENERAL PROVISIONS SECTION A. LANDS TO WmCH THIS ORDER APPLIES The Order shall apply to all areas of special flood hazard within the jurisdiction of Calhoun County. Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HA7"ARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Calhoun County," dated January 6, 1984, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Order. SECTION C. ESTABLISHMENT OF DEVEI,OPMENT PERMIT e A Development Permit shall be required to ensure conformance with the provisions of this Order. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Order and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This Order is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Order and another Order, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRET A TION In the interpretation and application of this Order, all provisions shall be: (1) considered as minimum requirements; (2) (3) liberally construed in favor of the governing body; and e deemed neither to limit nor repeal any other powers granted under State statutes. 10 . . 4 . . . . . . t II SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this Order is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Order does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Order shall not create liability on the part of the community or any official or employee thereoffor any flood damages that result from reliance on this Order or any administrative decision lawfully made thereunder. Insurance mayor may not be available, or if available, mayor may not be affordable. 715 . . . . . . . . . . . ~ , ; 1m ;;\J e ARTICLE IV ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPI,AIN ADMINISTRATOR The Floodplain Administrator is hereby appointed to administer and implement the provisions of this Order and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. (1) The Floodplain Administrator may also serve in other capacities for Calhoun County. (2) The Calhoun County Commissioners' Court may from time to time appoint and designate such assistants or alternates as it deems necessary for the enforcement of the Order. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR e Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this Order. (2) Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 U.S.c. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) NotifY, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Natural Resource Conservation Commission, prior to any alteration or relocation of a waterco,urse, and submit evidence of such notification to the Federal Emergency Management Agency. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve e 12 certain development in Zone AI-30, AE, AH, on the community's FIRM, which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and f100dway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AI-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones AI-3D, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). SECTION C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by himlher and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the f1oodproofing criteria of Article 5, Section B(2); Description of the extent to which any watercourse or natural drainage will be altered 13 _717 .. II II II . . . . . . . . . . -- .:' e or relocated as a result of proposed development. Maintain a record of all such information in accordance with Article 4, Section (B)(I). (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Order and the following relevant factors: The danger to life and property due to flooding or erosion damage; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; The danger that materials may be swept onto other lands to the injury of others; The compatibility of the proposed use with existing and anticipated development; The safety of access to the property in times of flood for ordinary and emergency vehicles; e The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; The necessity to the facility of a waterfront location, where applicable; The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; The relationship of the proposed use to the comprehensive plan for that area. (3) The Floodplain Administrator shall enforce the provisions of this regulation and he or his authorized representative may enter any building, structure, or premises to perform any duty imposed on him by this regulation. (4) Upon notice from the Floodplain Administrator that work on any building, structure, dike, bridge, or any improvement which would affect water drainage is being done contrary to the provisions of this regulation or in a dangerous or unsafe manner such work shall stop immediately; such notice shall be in writing and shall be given to the owner of the property or to his agent, or to the person doing the work, and shall state the conditions under which such work may be resumed. However, where an emergency exists, oral notice is sufficient. e 14 ',.~...",,,-,-,,,,~'-,..,,,'..,,-,,,~..-,., (5) The Floodplain Administrator may revoke a permit or approval issued under the provisions of this regulation in the event of any false statement or misrepresentation of a material fact in the application or plans upon which the approval or permit w~s based; (6) Permits (A) When any owner, authorized agent, or contractor desires to construct, enlarge, alter, repair, or move any building, structure, or appurtenance thereto, (to include, without limitation by enumeration, the placement or affixing of any prefabricated structure or manufactured home to its permanent site) he shall first make application to the Floodplain Administrator for a permit and obtain the required permit therefore before commencing any such construction, repairs, or placement. Such permit shall authorize the recipient thereof to construct, repair, or place the building or structure in accordance with the information contained in the application for permit, but in no event shall such permit constitute authorization for construction or repair in any way affecting the structure other than as disclosed in said application. (B) Minor repairs may be made to existing structures with the approval of the Floodplain Administrator without a permit, providing that such repairs shall not violate any of the provisions of this Order. (C) Water, sewer, electricity, gas, or other utility service shall not be provided to any structure in the unincorporated areas of Calhoun County unless a permit has been obtained for the structure pursuant to this Floodplain Management Order, and the structure is in compliance with the permit issued, or is exempt under the same regulations from obtaining a permit. The Floodplain Administrator shall contact all providers of utility services prior to the effective date of this Order and notif'y them of these requirements. SECTION D. VARIANCE PROCEDURES (1) The Appeal Board as established by the Commissioners' Court shall hear and render judgement on requests for variances from the requirements of this Order. (2) The Appeal Board shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Order. Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (3) The Floodplain Administrator shall maintain a record Of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. 15 _ 719 . . . . . . . . . . I . . . . I I I . !I e (4) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (5) Upon consideration of the factors noted above and the intent of this Order, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Order (Article 1, Section C). (6) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (7) Variances may be issued for the repair restoration, or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (8) Prerequisites for granting variances: e Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief Variances shall only be issued upon: showing a good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant, and A determination that the granting of a 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 Orders. (9) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: e 16 l'i. '~ 'r I I . the criteria outlined in Article 4, Section D(I)-(9) are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Section E. VIOLATIONS. CRIMINAL PENALTY AND ENFORCEMENT (1) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Order and other applicable regulations. Violation of the provisions of this Order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a Class C misdemeanor. Any person who violates this Order or fails to comply with any of its requirements is subject to a civil penalty of not more than $100 for each act of violation and for each day of violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Calhoun County Commissionens' Court from taking such other lawful action as is necessary to prevent or remedy any violation. e If it appears that a penson has violated, is violating, or is threatening to violate this Order, a political subdivision may institute a civil suit in the appropriate court for: (A) injunctive relief to restrain the person from continuing the violation or threat of violation, including an order directing the person to remove illegal improvements and restore preexisting conditions; (B) the assessment and recovery of the civil penalty provided above, or (C) both the injunctive relief and the civil penalty. e (2) On application for injunctive relief and a finding that a person has violated, is violating or is threatening to violate this Order, the court shall grant the injunctive relief that the facts warrant. (3) Fees . (C) e (A) No permit shall be issued until the fees prescribed in this section shall have been paid, nor shall an amendment to a permit be approved until the additional fee, if any shall have been paid. (B) In the event any person commences any work on a building or structure before obtaining the necessary permit from the Floodplain Administrator, such person shall pay two times the amount the building permit fee would have been. All fees provided hereunder shall be paid to the County Floodplain Administrator and upon receipt issued therefore, the Floodplain Administrator shall, if otherwise satisfied that the applicant is in complete conformity herewith issue the building permit. The County Floodplain Administrator shall be responsible for keeping accurate records of all receipts of fees hereunder. (0) For the issuance of a building permit on all buildings, structures or alterations requiring a building permit, the fees shall be paid at the time ofthe filing of the application, in accordance with the schedule offees as set forth below. (1) All applications for permit shall be accompanied by a fee of$15.00 for processing and mailing where necessary. 17 _ 721 e (2) The following schedule of fees for the issuance of development permits are: (a) For minor repairs no fee shall be required. (b) For all repairs, improvements, alterations, and construction, the value of which exceeds the definition of minor repairs, the fee shall be $25.00, regardless of the zone. (c) For the moving of any building or structure (not including the removal of such buildings and structures from the county, and not including temporary buildings) the fee shall be $25.00. (d) For the installation, placing, or moving a manufactured home, modular home, travel trailer, recreational vehicle ("RV") or portable building (larger than 8' X 12') into or within the County, (not including removal from the county) the fee shall be $25.00. (3) The foregoing schedule offees shall be in effect from and after the date hereof, e and shall continue in effect until amended by subsequent resolution of this Commissioners' Court. e 18 J 7ZZ e : , e , I i ' Ii , I I , I , 1 I ! . . . , i il I I Ii I 19 II I: e ji I' ,I .~3 I I I I I I I I . . . . . . . . . . . e ARTICLE V PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; All new construction or substantial improvements shall be constructed with materials resistant to flood damage; e All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (1) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(3), the following provisions are required: - Residential Construction. new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a 20 . . . . . . . . e . . . . . . . .~, .-.~...~ certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a., is satisfied. Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Manufactured Homes - Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Require that manufactured homes that are placed or substantially improved within Zones AI-30, AH, and AE on the community's FIRM on sites (I) outside ofa manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (ill) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred 21 725 . . . . . . . . . . . . "I' li'l :1 ! "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones AI-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements ofat least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. e Recreational Vehicles - Require that recreational vehicles placed on sites within Zones AI-3D, AH, and AE on the community's FIRM either: be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, or meet the permit requirements of Article 4, Section C(I), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently . attached additions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this Order. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this Order. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this Order. e 22 All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH. BAND C ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least one foot if no depth number is specified). All new construction and substantial improvements of non-residential structures; have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least one foot if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (l)a., are satisfied. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODW A YS Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 23 727 . . . . . . . . . 1 e Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. SECTION F. COASTAL HIGH HAZARD AREAS Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as Coastal High Hazard Areas (Zones VI-30, VE, and/or V). These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Order. the following provisions must also apply: e Obtain the elevation (in relation to mean seal level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The Floodplain Administrator shall maintain a record of all such information. All new construction shall be located landward ofthe reach of mean high tide. All new construction and substantial improvements shall be elevated on pilings and columns so that: the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. e A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certifY that the design and methods of construction to be used are in accordance with 24 accepted standards of practice for meeting the provisions of(3)(I) and (ii) of this Section. Provide that all new construction and substantial hpprovements have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be pennitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have one percent chance of being equaled or exceeded in any given year (lOO-year mean recurrence interval). Ifbreakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. Prohibit the use of fill or structural support of buildings. Prohibit man-made alteration of sand dunes and mangrove stands which increase potential flood damage. Manufactured Homes - Prohibit the placement of manufactured homes in any V Zone. 25 729 :- . . . . . . . . . . . . . . I . . I . e Recreational VehicIes - Require that recreational vehicles placed on sites within Zones VI-3D, V, and VE on the community's FIRM either (I) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements in Article 3, Section C of this Order and paragraphs (1) through (6) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Recreational VehicIe Parks- must comply the requirements discussed below. (1) a written emergency evacuation plan that includes maps and alternate vehicular access and egress routes. The plan must be approved by Calhoun County Floodplain Administrator and must be posted at various locations throughout the RV Park and shall be distributed to the RV operator/owner upon entering the Park. (2) An emergency warning system with required maintenance and periodic testing. Examples of emergency warning systems include, but are not limited to: a public address system, siren, or on-site resident. e (3) RV's shall be required to remain moveable. No RV shall be allowed to remain in the Park when placed on permanent blocks, when tires are removed, or when tires are flat (not including times when tires are being repaired), (4) Egress ofRV's should not be prevented by stored or fixed items, including, but not limited to: stairs or porches. (5) Each RV should be capable of evacuation at all times. For those RV's that are self-powered, they should be kept in running condition. For those RV's that are dependent on external power, they must be accompanied by a two vehicle that is kept in running condition. (6) All permanent structures at the Park, including, but not limited to: restrooms, office facilities, and laundry facilities, must meet the local requirements of the Calhoun County Floodplain Order, These local requirements include, but are not limited to, the elevation, sewerage, and utilities requirements. (7) Roads and streets in the R V Park shall be at least 20 feet wide and shall be constructed of suitable materials to ensure the roads remain passable in all weather conditions. e 26 e e e 27 731' .. .. II II II II , .. ~ .. .. . , , ~ , , , 'i . 732 e FLOOD DAMAGE PREVENTION ORDER CERTIFICA nON It is hereby found and declared by Calhoun County Commissioners' Court that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of propeny within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this Order become effective immediately. Therefore, an emergency is hereby declared to exist, and this Order, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval APPROVED: ~~.~~ Arlen Marshall Calhoun County Judge e ..0 &d Xi:::!.- Leroy Belk Calhoun County Commissioner, Pc!. 1 - ('0~~ go- ;,J,2 ~C'i)~~ Michae alajka Calhoun County Commissioner, Pc!. 2 i!~~\ --=' .---/ ff~.a~,~ Kenneth Finster Calhoun County Commissioner, Pc!. 4 H. Floyd Calhoun County Commissioner, Pc!. 3 I, the undersigned, Marlene Paul , do hereby certify that the above is a true and correct copy of an Order duly adopted by the Calhoun County Commissioners' Court at a regular meeting duly convened on Ju1v 14. 2000 /YlI1 (/).., (date) // ~'\ r); /Yl ~ ~'-r a I L Y ''-'-~':~~~~';;'\'" M Ie 1 \.... ,:: ..,~" ....... .;.t..~\lr ar ne '" <::::,,,.,", "C.::..':,: ,; Calhoun County Clerk .' "'... ~,,' ,/-!','(j.' . \~.... '/.:'1' "i.?"/ c....:): . . . ~dl~ ~: // :;,-:,{ ~'.. -,~--.:.. ," ~:'.~ :,:~,rr\.' (SEAL)' >; '. . \ i : "" '(',' ~ .... ~ . ::..... ,d 'f' ", ;' I" ~, ;;:." . ( (1 '. ,0" ",-'V .'".: . ('/! '...... t1" '/fI03~.,.' e 28 : -To,. . . . . . . . . . . . . Federal Emergency Management Agency 44 Code of Federal Regulations Part 60-Criteria for Land Management And Use Pages 233-248 Revised by Government Printing Office October 1, 1999 Reformatted By FEMA Region VI With no changes to the GPO Text 733" .. . . . I: . . . . . I . I . I I I I I e TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY PART 60--CRlTERIA FOR LAND MANAGEMENT AND USE Subpart A--Requirements for Flood Plain Management Regulations Sec. 60.1 Purpose of subpart. 60.2 Minimum compliance with flood plain management criteria. 60.3 Flood plain management criteria for flood-prone areas. 60.4 Flood plain management criteria for mudslide (i.e., mudflow)-prone areas. 60.5 Flood plain management criteria for flood-related erosion-prone areas. 60.6 Variances and exceptions. 60.7 Revisions of criteria for flood plain management regulations. 60.8 Definitions. e Subpart B--Requirements for State Flood Plain Management Regulations 60.11 Purpose of this subpart. 60.12 Flood plain management criteria for State-owned properties in special hazard areas. 60.13 Noncompliance. Subpart C.-Additional Considerations in Managing Flood-Prone, Mudslide (i.e., Mudtlow)-Prone, and Flood.Related Erosion-Prone Areas 60.21 Purpose of this subpart. 60.22 Plarming considerations for flood-prone areas. 60.23 Plarming considerations for mudslide (i.e., mudflow)-prone areas. 60.24 Plarming considerations for flood-related erosion-prone areas. 60.25 Designation, duties, and responsibilities of State Coordinating Agencies. 60.26 Local coordination. Authority: 42 U.S.C. 4001 et seq.; ReorgMization Plan No.3 of 1978.43 FR 41943,3 CFR, 1978 Comp., p. 329: E.O. 12127 of Mar. 31, 1979,44 FR 19367, 3 CFR. 1979 Comp., p. 376. Source: 41 FR 46975. Oct. 26, 1976. unless otherwise noted. Redesig1llIled at 44 FR 31177, May,S1.1979. e I " t" Subpart A--Requirements for Flood Plain Management Regulations Sec. 60.1 Purpose of subpart. (a) The Act provides that flood insurance shall not he sold or renewed under the program within a community, unless the community has adopted adequate flood plain management regulations consistent with Federal criteria. Responsibility for establishing such criteria is delegated to the Administrator. (b) This suhpart sets forth the criteria developed in accordance with the Act by which the Administrator will detennine the adequacy of a community's flood plain management regulations. These regulations must he legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone, mudslide (Le., mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over any less restrictive conflicting local laws, ordinances or codes. Except as otherwise provided in Sec. 60.6, the adequacy of such regulations shall he detennined on the basis of the standards set forth in Sec. 60.3 for flood-prone areas, Sec. 60.4 for mudslide areas and Sec. 60.5 for flood- related erosion areas. (c) Nothing in this subpart shall be construed as modifying or replacing the general requirement that all eligible communities must take into account flood, mudslide (Le., mudflow) and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use. (d) The criteria set forth in this subpart are minimum standards for the adoption of flood plain management regulations by flood-prone, mudslide (Le., mudflow)-prone and flood-related erosion-prone communities. Any community may exceed the minimum criteria under this part by adopting more comprehensive flood plain management [[Page 234]] regulations utilizing the standards such as contained in subpart C of this part. In some instances, community officials may have access to information or knowledge of conditions that require, particularly for human safety, higher standards than the minimum criteria set forth in subpart A of this part. Therefore, any flood plain management regulations adopted by a State or a community which are more restrictive than the criteria set forth in this part are encouraged and shall take precedence. [41 FR 46975, Oct 26, 1976. Redesignated at 44 FR 31177, May 31,1979, as amended at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984J 735 II .. .. . . . . . . . . . . . . . . . . 'It I:;" ,,' I;! e Sec. 60.2 Minimum compliance with flood plain management criteria. (a) A flood-prone community applying for flood insurance eligibility shall meet the standands of Sec. 60.3(a) in order to become eligible if a FHBM has not been issued for the community at the time of application. Thereafter, the community will be given a period of six months from the date the Administrator provides the data set forth in Sec. 60.3(b), (c), (d), (e) or (f), in which to meet the requirements of the applicable paragraph. If a community has received a FHBM, but has not yet applied for Program eligibility, the community shall apply for eligibility directly under the standards set forth in Sec. 60.3(b). Thereafter, the community will be given a period of six months from the date the Administrator provides the data set forth in Sec. 60.3(c), (d), (e) or (f) in which to meet the requirements of the applicable paragraph. (b) A mudslide (i.e., mudflow)-prone community applying for flood insurance eligibility shall meet the standards of Sec. 60.4(a) to become eligible. Thereafter, the community will be given a period of six months from the date the mudslide (i.e., mudflow) areas having special mudslide hazards are delineated in which to meet the requirements of Sec. 60.4(b). (c) A flood-related erosion-prone community applying for flood insurance eligibility shall meet the standards of Sec. 60.5(a) to become eligible. Thereafter, the community will be given a period of six months from the date the flood-related erosion areas having special erosion hazards are delineated in which to meet the requirements of Sec. 60.5(b). (d) Communities identified in part 65 of this subchapter as containing more than one type of hazard (e.g., any combination of special flood, mudslide (i.e., mudflow), and flood-related erosion hazard areas) shall adopt flood plain management regulations for each type of hazard consistent with the requirements of Secs. 60.3, 60.4 and 60.5. (e) Local flood plain management regulations may be submitted to the State Coordinating Agency designated pursuant to Sec. 60.25 for its advice and concurrence. The submission to the State shall clearly describe proposed enforcement procedures. (f) The community official responsible for submitting annual or biennial reports to the Administrator pursuant to Sec. 59.22(b)(2) of this subchapter shall also submit copies of each annual or biennial report to any State Coordinating Agency. (g) A communitysha11 3,'isure that its comprehensive plan is consistent with the flood plain management objectives of this part. (11) The community shall adopt and enforce flood plain management regulations based on data provided by the Administrator. Without prior e e approval of the Administrator, the community shall not adopt and enforce flood plain management regulations based upon modified data reflecting natural or man-made physical changes. [41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31,1979, as amended at 48 FR 29318, IUM 24,1983; 48 FR 44552, Sept. 29,1983; 49 FR 4751, Feb. 8. 1984; 50 FR 36024, Sept. 4, 1985; 59 FR 53598, Oct. 25,1994; 62 FR 55716, OeL 27,1997J Sec. 60.3 Flood plain management criteria for flood-prone areas. The Administrator will provide the data upon which flood plain management regulations shall be based. If the Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review and reasonably utilize data available from other Federal, State or other sources pending receipt of data from [[Page 235]] the Administrator. However, when special flood hazard area designations and water surface elevations have been furnished by the Administrator, they shall apply. The symbols defming such special flood hazard designations are set forth in Sec. 64.3 of this subchapter. In all cases the minimum requirements governing the adequacy of the flood plain management regulations for flood-prone areas adopted by a particular community depend on the amount of technical data forma11y provided to the community by the Administrator. Minimum standards for communities are as follows: (a) When the Administrator has not defined the special flood hazard areas within a community, has not provided water surface elevation data, and has not provided sufficient data to identify the floodway or coastal high hazard area, but the community has indicated the presence of such hazards by submitting an application to participate in the Program, the community shall: (1) Require permits for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas; (2) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; (3) Review all permit applications to detennine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall (i) be designed (or modified) and .737 I . . . . . . . . I I I I I . . . I I , :1 adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (ill) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (4) Review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that (i) all such proposals are consistent with the need to minimize flood damage within the flood- prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (ill) adequate drainage is provided to reduce exposure to flood hazards; (5) Require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate inflltration of flood waters into the systems; and (6) Require within flood-prone areas (i) new and replacement sanitary sewage systems to be designed to minimize or eliminate inf1ltration of flood waters into the systems and discharges from the systems into flood waters and (ii) onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. e (b) When the Administrator has designated areas of special flood hazards (A zones) by the publication of a community's FHBM or FIRM, but has neither produced water surface elevation data nor identified a floodway or coastal high hazard area, the community shall: (1) Require permits for all proposed construction and other developments including the placement of manufactured homes, within Zone A on the community's FHBM or FIRM; (2) Require the application of the standards in paragraphs (a) (2), (3), (4), (5) and (6) of this section to development within Zone A on the community's FHBM or FIRM; [[Page 236]] (3) Require that all new subdivision proposals and other proposed developments (including pro'posals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data; (4) Obtain, review and reasonably utilize any base flood elevation e and floodway data available from a Federal, State, or other source, including data developed pursuant to paragraph (b)(3) of this section, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the community's FHBM or FIRM meet the standards in paragraphs (c)(2), (c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section; . (5) Where base flood elevation data are utilized, within Zone A on the community's FHBM or FIRM: (i) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and (il) Obtain, if the structure has been floodproofed in accordance with paragraph (c)(3)(ii) of this section, the elevation (in relation to mean sea level) to which the structure was floodproofed, and (ill) Maintain a record of all such information with the official designated by the community under Sec. 59.22 (a)(9)(iii); (6) Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Administrator; (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; (8) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (c) When the Administrator has provided a notice offmal flood elevations for one or more special flood hazard areas on the community's FIRM and, if appropriate, has designated other special flood hazard areas without base flood elevations on the community's FIRM, but has not identified a regulatory floodway or coastal high hazard area, the community shall: (1) Require the standards of paragraph (b) of this section within all AI-3D zones, AE zones, A zones, AH zones, and AO zones, on the community's FIRM; (2) Require that all new construction and substantial improvements of residential structures within Zones AI-3D, AE and AHzones on the community's FIRM have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception by the Administrator for the allowance of basements in accordance with Sec. 60.6 (b) or (c); 739" (3) Require that all new construction and substantial improvements of non-residential structures within Zones Al-30, AE and AH zones on the community's fIrm (i) have the lowest floor (including basement) elevated to or above the base flood level or, (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (4) Provide that where a non-residential structure is intended to be made watertight he10w the base flood level, (i) a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this section, and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level) [[Page 237]] e to which such structures are floodproofed shall be maintained with the official designated by the community under Sec. 59.22(a)(9)(iii); (5) Require, for all new construction and substantial improvements, that fully enclosed areas he10w the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall he designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either he certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall he no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (6) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) Outside of a manufactured home park or subdivision, (ll) In a new manufactured home park or subdivision, (ill) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, he elevated on a permanent foundation such that the lowest floor e .' .~ , " " of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. (7) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of residential stru<<tl1res have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified) ; (8) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of nonresidential structures (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofmg standard specified in Sec. 60.3(c)(3)(ii); (9) Require within any A99 zones on a community's FIRM the standards of paragraphs (a)(1) through (a)(4)(i) and (b)(5) through (b)(9) of this section; (10) Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AI-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (11) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. (12) Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A-I-30, AH, and AE on the community's FIRM that are not subject to the provisions of paragraph (c)(6) of this section be elevated so that either (i) The lowest floor of the manufactured home is at or above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to [[Page 238]] resist floatation, collapse, and lateral movement. (13) Notwithstanding any other provisions of Sec. 60.3, a community may approve certain development in Zones AI-30, AE, and AH, on the 741 . I I I I I I I I , I I I I I I I I , I I I community's FIRM which increase the water surface elevation of the base flood by more than one foot, provided that the community fIrst applies for a conditional FIRM revision, fulfills the requirements for such a revision as established under the provisions of Sec. 65.12, and receives the approval of the Administrator. (14) Require that recreational vehicles placed on sites within Zones AI-3D, AH, and AE on the community's FIRM either (i) Be on the site for fewer than 180 consecutive days, (ll) Be fully licensed and ready for highway use, or (ill) Meet the permit requirements of paragraph (b)(I) of this section and the elevation and anchoring requirements for "manufactured homes" in paragraph (c)(6) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no pennanently attached additions. (d) When the Administrator has provided a notice of fmal base flood elevations within Zones AI-3D and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A zones on the community's FIRM, and has provided data from which the community shall designate its regulatory floodway, the community shall: (1) Meet the requirements of paragraphs (c) (I) through (14) of this section; (2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any point; (3) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge; (4) Notwithstanding any other provisions of Sec. 60.3, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community fIrst applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of Sec. 65.12, and receives the approval of the Administrator. (e) When the Administrator has provided a notice of final base flood elevations within Zones AI-3D and/or AE on the community's FIRM and, if appropriate, h;Is designated AH zones, AO zones, A99 zones, and A zones ! I e on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by designating Zones VI-3D, VE, and/or V, the community shall: (1) Meet the requirements of paragraphs (c)(I) through (14) of this section; (2) Within Zones VI-3D, VE, and V on a community's FIRM, (i) obtaiIi the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement, and (ll) maintain a record of all such information with the official designated by the community under Sec. 59.22(a)(9)(ili); (3) Provide that all new construction within Zones VI-3D, VE, and V on the community's FIRM is located landward of the reach of mean high tide; (4) Provide that all new construction and substantial improvements in Zones VI-30 and VE, and also Zone V if base flood elevation data is available, on the community's FIRM, are elevated on pilings and columns so that (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to [[Page 239 JJ or above the base flood level; and (ll) the pile or column foundation and structure attached thereto is anchoted to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simu1taneonslyon all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of paragraphs (e)(4) (i) and (ll) of this section. (5) Provide that all new construction and substantial improvements within Zones VI-3D, VE, and V on the community's FIRM have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square fOOL Use of breakway walls which exceed a design safe loading resistance of 2D pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed 743 ' ",,' ?~-~ -..' ,,'.' ~. meet the following conditions: (0 Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and, (6) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non- structural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standands. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. (6) Prohibit the use of fill for structural support of buildings within Zones VI-30, VE, and V on the community's FIRM; (7) Prohibit man-made alteration of sand dunes and mangrove stands within Zones Vl-30, VE, and V on the community's FIRM which would increase potential flood damage. (8) Require that manufactured homes placed or substantially improved within Zones VI-30, V, and VE on the community's FIRM on sites (i) Outside of a manufactured home park or subdivision, (ll) In a new manufactured home park or subdivision, (ill) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, meet the standards of paragraphs (e)(2) through (7) of this section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones VI-30, V, and VE on the community's FIRM meet the requirements of paragraph (c)(12) of this section. (9) Require that recreational vehicles placed on sites within Zones Vl-30, V, and VE on the community's FIRM either (i) Be on the site for fewer than 180 consecutive days, (ll) Be fully licensed and ready for highway use, or (ill) Meet the requirements in paragraphs (b)(l) and (e) (2) through (7) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by qnick disconnect type utilities and security devices, and has no permanently attached additions. (0 When the Administrator has provided a notice of fmal base flood elevations within Zones Al-30 or AE on [[Page 240]] the community's FIRM, and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones on the community's FIRM, and has identified flood protection restoration areas by designating Zones AR, e ARlAI-3D, ARlAE, ARlAH, ARlAO, Or ARIA, the community shall: (1) Meet the requirements of paragraphs (c)(I) through (14) and (d)(1) through (4) of this section. (2) Adopt the official map or legal description of those areas within Zones AR, ARlAl-3D, ARlAE, ARlAH, ARIA, or ARlAO that are designated developed areas as defmed in Sec. 59.1 in accordance with the eligibility procedures under Sec. 65.14. (3) For all new construction of structures in areas within Zone AR that are designated as developed areas and in other areas within Zone AR where the AR flood depth is 5 feet or less: (1) Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent grade; and (ii) Using this elevation, require the standards of paragraphs (c)(l) through (14) of this section. (4) For all new construction of structures in those areas within Zone AR that are not designated as developed areas where the AR flood depth is greater than 5 feet: (1) Determine the AR base flood elevation; and (ii) Using that elevation require the standards of paragraphs (c)(l) through (14) of this section. (5) For all new construction of structures in areas within Zone ARI AI-3D, ARlAE, ARlAH, ARlAO, and ARIA: (1) Determine the applicable elevation for Zone AR from paragraphs (a)(3) and (4) ofthis section; (ii) Determine the base flood elevation or flood depth for the underlying AI-3D, AE, AH, AO and A Zone; and (ill) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this section require the standards of paragraphs (c)(l) through (14) of this section. (6) For all substantial improvements to existing construction within Zones ARlAI-3D, ARlAE, ARlAH, ARlAO, and ARIA: (1) Determine the AI-3D or AE, AH, AO, or A Zone base flood elevation; and (ii) Using this elevation apply the requirements of paragraphs (c)(l) through (14) of this section. (7) Notify the permit applicant that the area has been designated as an AR, ARlAI-3D, ARlAE, ARlAH, ARlAO, or ARIA Zone and whether the structure will be elevated or protected to or above the AR base flood elevation. [41 FR 46975, Oct. 26, 1976J Editorial Note: For Federal Register citalioTl.'i affecting Sec. 60.3, see the List of SectioTl.'i Affected in the Finding Aids section of this volume. 745 ' . . O' '';;,~..;....'';.'''''~'",'',,_",,~=~_ lI. ~.~_ Sec. 60.4 Flood plain management criteria for mudslide (i.e., mudflow)-prone areas. The Administrator will provide the data upon which flood plain management regulations shall be based. If the Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review, and reasonably utilize data available from other Federal, State or other sources pending receipt of data from the Administrator. However, when special mudslide (Le., mudflow) hazard area designations have been furnished by the Administrator, they shall apply. The symbols defming such special mudslide (Le., mudflow) hazard designations are set forth in Sec. 64.3 of this subchapter. In all cases, the minimum requirements for mudslide (Le., mudflow)-prone areas adopted by a particular community depend on the amount of technical data provided to the community by the Administrator. Minimum standards for communities are as follows: (a) When the Administrator has not yet identified any area within the community as an area having special mudslide (Le., mudtlow) hazards, but the community has indicated the presence of such hazards by submitting an application to participate in the Program, the community shall (1) Require permits for all proposed construction or other development in the community so that it may determine whether development is proposed within mudslide (Le., mudflow)-prone areas; [[Page 241]] (2) Require review of each permit application to determine whether the proposed site and improvements will be reasonably safe from mudslides (Le., mudflows). Factors to be considered in making such a determination should include but not be limited to (i) the type and quality of soils, (ii) any evidence of ground water or surface water problems, (ill) the depth and quality of any fill, (iv) the overall slope of the site, and (v) the weight that any proposed structure will impose on the slope; (3) Require, if a proposed site and improvements are in a location that may have mudslide (Le., mudflow) hazards, that (i) a site investigation and further review be made by persons qualified in geology and soils engineering, (ii) the proposed grading, excavations, new construction, and substantial improvements are adequately designed and protected against mudslide (Le., mudflow) damages, (ill) the proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard !>y creating either on-site or off-site disturbances, and (iv) drainage, planting, watering, and maintenance be such as not to endanger slope stability. (b) When the Administrator has delineated Zone M on the community's .q .-'""" .-,..'......, . Ot<::' ;';'T' . '~,' . "':~~.T,K7 :~~,._t .., ,,",:~' -,,,,<,, FIRM, the community shall: (1) Meet the requirements of paragraph (a) of this section; and (2) Adopt and enforce a grading ordinance or regulation in accordance with data supplied by the Administrator which (i) regulates the location of foundation systems and utility systems of new construction and substantial improvements, (ii) regulates the location, . drainage and maintenance of all excavations, cuts and fills and planted slopes, (ill) provides special requirements for protective measures including but not necessarily limited to retaining walls, buttress fills, sub-drains, diverter terraces, benchings, etc., and (iv) requires engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports. Guidance may be obtained from the provisions of the 1973 edition and any subsequent edition of the Uniform Building Code, sections 7001 through 7006, and 7008 through 7015. The Uniform Building Code is published by the International Conference of Building Officials, 50 South Los Robles, Pasadena, California 91101. [41 FR 46975, OC~ 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, as amerukd at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984J Sec. 60.5 Flood plain management criteria for flood-related erosion- prone areas. The Administrator will provide the data upon which flood plain management regulations for flood-related erosion-prone areas shall be based. If the Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review, and reasonably utilize data available from other Federal, State or other sources, pending receipt of data from the Administrator. However; when special flood-related erosion hazard area designations have been furnished by the Administrator they shall apply. The symbols defming such special flood-related erosion hazard designations are set forth in Sec. 64.3 of this subchapter. In all cases the minimum requirements governing the adequacy of the flood plain management regulations for flood-related erosion-prone areas adopted by a particular community depend on the amount of technical data provided to the community by the Administrator. Minimum standards for communities are as follows: (a) Wben the Administrator has not yet identified any area within the community as having special flood-related erosion hazards, but the community has indicated the presence of such hazards by submitting an application to participate in the Program, the community shall (1) Require the issuance of a pennit for all proposed construction, or other development in the area of flood-related erosion hazard, as it is known to the community; ;" 747 . ),.; (2) Require review of each permit application to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause [[Page 242lJ flood-related erosion hazards or otherwise aggravate the existing flood- related erosion hazard; and (3) If a proposed improvement is found to be in the path of flood- related erosion or to increase the erosion hazard, require the improvement to be relocated or adequate protective measures to be taken which will not aggravate the existing erosion hazard. (b) When the Administrator has delineated Zone E on the community's FIRM, the community shall (1) Meet the requirements of paragraph (a) of this section; and (2) Require a setback for all new development from the ocean, lake, bay, riverfront or other body of water, to create a safety buffer consisting of a natural vegetative or contour strip. This buffer will be designated by the Administrator according to the flood-related erosion hazard and erosion rate, in conjunction with the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the community's land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. [41 FR 46975, Oct26, 1976. Redesignated at 44 FR 31177. May 31,1979, as amended at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984J Sec. 60.6 Variances and exceptions. (a) The Administrator does not set forth absolute criteria for granting variances from the criteria set forth in Secs. 60.3, 60.4, and 60.5. The issuance of a variance is for flood plain management purposes only. Insurance premium rates are determined by statute according to actuaria1 risk and will not be modified by the granting of a variance. The community, after examining the applicant's hardships, shall approve or disapprove a request. While the granting of variances generally is limited to a lot size less than one-half acre (as set forth in paragraph (a)(2) of this section), deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. The Administrator may review a community's findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound flood plaln management, the Administrator may take appropriate action under Sec. 59.24(b) of this subchapter. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Procedures for the granting of variances by a community are as follows: (1) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result; (2) Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of paragraphs (a) (3), (4), (5) and (6) of this section; (3) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance wonld result in exceptional hardship to the applicant, and (ill) a determination that the granting of a 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; (4) Varianl;es shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; (5) A community shall notify the applicant in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below [[Page 243]] the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph (a)(6) of this section; and (6) A community shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in its annual or biennial report submitted to the Administrator. (7) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria of paragraphs (a)(1) through (a)(4) of this section are met; and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (b)(I) The requirement that each flood-prone, mudslide (Le., 749 ~~l .-,....-,..., h mudflow)-prone, and flood-related erosion prone community must adopt and submit adequate flood plain management regulations as a condition of initial and continued flood insurance eligibility is statutory and cannot be waived, and such regulations shall be adopted by a community within the time periods specified in Secs. 60.3,60.4 or Sec. 60.5. However, certain exceptions from the standards contained in this subpart may be permitted where the Administrator recognizes that, because of extraordinary circumstances, local conditions may render the application of certain standards the cause for severe hardship and gross inequity for a particular community. Consequently, a community proposing the adoption of flood plain management regulations which vary from the standards set forth in Sees. 60.3, 60.4, or Sec. 60.5, shall explain in writing to the Administrator the nature and extent of and the reasons for the exception request and shall include sufficient supporting economic, environmental, topographic, hydrologic, and other scientific and technical data, and data with respect to the impact on public safety and the environment. (2) The Administrator shall prepare a Special Environmental Clearance to determine whether the proposal for an exception under paragraph (b)(l) of this section will have significant impact on the human environment. The decision whether an Environmental Impact Statement or other environmental document will be prepared, will be made in accordance with the procedures set out in 44 CFR part 10. Ninety or more days may be required for an environmental quality clearance if the proposed exception will have significant impact on the human environment thereby requiring an EIS. (c) A community may propose flood plain management measures which adopt standards for floodproofed residential basements below the base flood level in zones AI-30, AH, AO, and At which are not subject to tidal flooding. Nothwithstanding the requirements of paragraph (b) of this section the Administrator may approve the proposal provided that: (1) The community has demonstrated that areas of special flood hazard in which basements will be permitted are subject to shallow and low velocity flooding and that there is adequate flood warning time to ensure that all residents are notified of impending floods. For the purposes of this paragraph flood characteristics must include: (1) Flood depths that are five feet or less for developable lots that are contiguons to land above the base flood level and three feet or less for other lots; (Ii) Flood velocities that are five feet per second or less; and (ill) Flood warning times that are 12 hours or greater. Flood warning times of two hours or greater may be approved if the community demonstrates that it has a flood. warning system and emergency plan in operation that is adequate to ellsure safe evacuation of flood plain residents. (2) The community has adopted flood plain management measures that require that new construction and substantial improvements of residential structures with basements in zones AI-3D, AH, AO, and AE shall: (i) Be designed and built so that any basement area, together with attendant utilities and sanitary facilities below the tloodproofed design level, is [[Page 244J} watertight with walls that are impermeable to the passage of water without human intervention. Basement walls shall be built with the capacity to resist hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from flooding to the floodproofed design level, and shall be designed so that minimal damage will occur from floods that exceed that leveL The floodproofed design level shall be an elevation one foot above the level of the base flood where the difference between the base flood and the 500-year flood is three feet or less and two feet above the level of the base flood where the difference is greater than three feet. (ii) Have the top of the floor of any basement area no lower than five feet below the elevation of the base flood; (ill) Have the area surrounding the structure on all sides filled to or above the elevation of the base tlood. Fill must be compacted with slopes protected by vegetative cover; (iv) Have a registered professional engineer or architect develop or review the building's structual design, specifications, and plans, including consideration of the depth, velocity, and duration of flooding and type and permeability of soils at the building site, and certify that the basement design and methods of construction proposed are in accordance with accepted standards of practice for meeting the provisions of this paragraph; (v) Be inspected by the building inspector or other authorized representative of the community to verify that the structure is built according to its design and those provisions of this section which are verifiable. [41 FR 46975, Oct. 26, 1976. Redesignaud at 44 FR 31177. May 31, 1979, as amended at 48 FR 44543 and 44552. Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 50 FR 36025, Sept. 4, 1985: 51 FR 30308, Aug. 25. 1986; 54 FR 33550, Aug. 15, 1989J Sec. 60.7 Revisions of criteria for flood plain management regulations. From time to time part 60 may be revised as experience is acquired under the Program and new information becomes available. Communities will be given six months from the effective date of any new regulation _ 751 . .,,,,,",,~_.._, . '. - .'~' -'~'-::.'-.', .' .,..... ':-" '__'~~; <..-+.~,,__,..,_<....,.u.~_..~r~o-r,3':"'~_'_ to revise their flood plain management regulations to comply with any such changes. Sec. 60.8 Definitions. The defmitions set forth in part 59 of this subchapter are applicable to this part. Subpart B--Requirements for State Flood Plain Management Regulations Sec. 60.11 Purpose of this subpart. (a) A State is considered a "community" pursuant to Sec. 59.1 of this subchapter; and, accordingly, the Act provides that flood insurance shall not be sold or renewed under the Program unless a community has adopted adequate flood plain management regulations consistent with criteria established by the Administrator. (b) This subpart sets forth the flood plain management criteria required for State-owned properties located within special hazard areas identified by the Administrator. A State shall satisfy such criteria as a condition to the purchase of a Standard Flood Insurance Policy for a State-owned strUcture or its contents, or as a condition to the approval by the Administrator, pursuant to part 75 of this subchapter, of its plan of self-insurance. [41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, as amended at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 19841 Sec. 60.12 Flood plain management criteria for State-owned properties in special hazard areas. (a) The State shall comply with the minimum flood plain management criteria set forth in Sees. 60.3, 60.4, and 60.5. A State either shall: (1) Comply with the flood plain management requirements of all local communities participating in the program in which State-owned properties are located; or (2) Establish and enforce flood plain management regulations which, at a minimum, satisfy the criteria set forth in Secs. 60.3, 60.4, and 60.5. (b) The procedures by which a state government adopts and administers flood plain management regulations satisfying the criteria set forth in [[Page 245J] See. Sec. 60.3, 60.4 and 60.5 may vary from the procedures by which Subpart Co-Additional Considerations in Managing Flood-Prone, Mudslide (i.e., Mudflow)-Prone and Flood-Related Erosion-Prone Areas local governments satisfy the criteria. (c) If any State-owned property is located in a non-participating local community, then the State shall comply with the requirements of paragraph (a)(2) of this section for the property. e Sec. 60.13 Noncompliance. If a State fails to submit adequate flood plain management regulations applicable to State-owned properties pursuant to Sec. 60.12 within six months of the effective date of this regulation, or fails to adequately enforce such regulations, the State shall be subject to suspensive action pursuant to Sec. 59.24. Where the State fails to adequately enforce its flood plain management regulations, the Administrator shall conduct a hearing before initiating such suspensive action. [41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31,1979, as arrumded at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984J Sec. 60.21 Purpose of this subpart. tit The purpose of this subpart is to encourage the formation and adoption of overall comprehensive management plans for flood-prone, mudslide (ie., mudflow)-prone and flood-related erosion-prone areas. While adoption by a community of the standards in this subpart is not mandatory, the community shall completely evaluate these standards. Sec. 60.22 Planning considerations for flood-prone areas. (a) The flood plain management regulations adopted by a community for flood-prone areas should: (1) Permit only that development of flood-prone areas which (i) is appropriate in light of the probability of flood damage and the need to reduce flood losses, (ii) is an acceptable social and economic use of the land in relation to the hazards involved, and (ill) does not increase the danger to human life; (2) Prohibit nonessential or improper installation of public utilities and public facilities in flood-prone areas. (b) In formulating community development goals after the occurrence of a flood disaster, each community shall consider-- (1) Preservation of the flood-prone areas for open space purposes; _ 753 ;0,';'"-'_'"4__ (2) Relocation of occupants away from flood-prone areas; (3) Acquisition of land or land development rights for public purposes consistent with a policy of minimization of future property losses; (4) Acquisition of frequently flood-damaged structures; (c) In formulating community development goals and in adopting flood plain management regulations, each community shall consider at least the following factors-- (1) Human safety; (2) Diversion of development to areas safe from flooding in light of the need to reduce flood damages and in light of the need to prevent environmentally incompatible flood plain use; (3) Full disclosure to all prospective and interested parties (including but not limited to purchasers and renters) that (i) certain structures are located within flood-prone areas, (il) variances have been granted for certain structures located within flood-prone areas, and (ill) premium rates applied to new structures built at elevations below the base flood substantially increase as the elevation decreases; (4) Adverse effects of flood plain development on existing development; (5) Encouragement of floodproofmg to reduce flood damage; (6) Flood warning and emergency preparedness plans; (7) Provision for alternative vehicular access and escape routes when normal routes are blocked or destroyed by flooding; (8) Establishment of minimum floodproofmg and access requirements for schools, hospitals, nursing homes. orphanages, penal institutions, fife stations, police stations, communications centers, water and sewage pumping stations, and other public or quasi-public facilities already located in the {[Page 246JJ flood-prone area, to enable them to withstand flood damage, and to facilitate emergency operations; (9) Improvement of local drainage to control increased runoff that might increase the danger of flooding to other properties; (10) Coordination of plans with neighboring community's flood plain management programs; (11) The requirement that all new construction and substantial improvements in areas subject to subsidence be elevated above the base flood level equal to expected subsidence for at least a ten year period; (12) For riverine areas, requiring subdividers to furnish delineations for floodways before approving a subdivision; (13) Prohibition of any alteration.or relocation of a watercourse, except as part of an overall drainage basin plan. In the event of an overall drainage basin plan, provide that the flood carrying capacity within the altered or relocated portion of the watercourse is 754 e I I I I I maintained; (14) Requirement of setbacks for new construction within Zones V1- 30, VE, and V on a community's FIRM; (15) Requirement of additional elevation above the base flood level for all new construction and substantial improvements within Zones AI- 30, AE, VI-30, and VB on the community's FIRM to protect against such' occurrences as wave wash and floating debris, to provide an added margin of safety against floods having a magnitude greater than the base flood, or to compensate for future urban development; (16) Requirement of consistency between state, regional and local comprehensive plans and flood plain management programs; (17) Requirement of pilings or columns rather than fill, for the elevation of structures within flood-prone areas, in order to maintain the storage capacity of the flood plain and to minimize the potential for negative impacts to sensitive ecological areas; (18) Prohibition, within any floodway or coastal high hazard area, of plants or facilities in which hazardous substances are manufactured. (19) Requirement that a plan for evacuating residents of all manufactured home parks or subdivisions located within flood prone areas be developed and filed with and approved by appropriate community emergency management authorities. [41 FR 46975. Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, as amended at 50 FR 36025, Sept. 4, 1985: 54 FR 40284, Sept. 29, 1989J Sec. 60.23 Planning considerations for mudslide (i.e., mudflow)- prone areas. The planning process for communities identified under part 65 of this subchapter as containing Zone M, or which indicate in their applications for flood insurance pursuant to Sec. 59.22 of this subchapter that they have mudslide (i.e., mudflow) areas, should include-- (a) The existence and extent of the hazard; (b) The potential effects of inappropriate hillside development, including (1) Loss of life and personal injuries, and (2) Public and private property losses, costs, liabilities, and exposures resulting from potential mudslide (i.e., mudflow) hazards; (c) The means of avoiding the hazard including the (1) availability of land which is not mudslide (i.e., mudflow)-prone and tbe feasibility of developing such land instead of further encroaching upon mudslide (i.e., mudflow) areas, (2) possibility of public acquisition of land, easements, and development rights to assure the proper development of hillsides, and (3) advisability of preserving mudslide (i.e., mudflow) areas as open space; .755 -, (d) The means of adjusting to the hazard, including the (1) establishment by ordinance of site exploration, investigation, design, grading, construction, filing, compacting, foundation, sewerage, drainage, subdrainage, planting, inspection and maintenance standards and requirements that promote proper land use, and (2) provision for proper drainage and subdrainage on public property and the location of public utilities and service facilities, such as sewer, water, gas and electrical systems and streets in a manner designed to minimize exposure to mudslide (Le., [[Page 247]] mudflow) hazards and prevent their aggravation; (e) Coordination of land use, sewer, and drainage regulations and ordinances with fIre prevention, flood plain, mudslide (Le., mudflow), soil, land, and water regulation in neighboring communities; (f) Planning subdivisions and other developments in such a manner as to avoid exposure to mudslide (Le., mudflow) hazards and the control of public facility and utility extension to discourage inappropriate development; (g) Public facility location and design requirements with higher site stability and access standards for schools, hospitals, nursing homes, orphanages, correctional and other residential institutions, fIre and police stations, communication centers, electric power transformers and substations, water and sewer pumping stations and any other public or quasi-public institutions located in the mudslide (Le., mudflow) area to enable them to withstand mudslide (Le., mudflow) damage and to facilitate emergency operations; and (h) Provision for emergencies, including: (1) Warning, evacuation, abatement, and access procedures in the event of mudslide (Le., mudflow), (2) Enactment of public measures and initiation of private procedures to 1imit danger and damage from continued or future mudslides (Le., mudflow), (3) Fire prevention procedures in the event of the rupture of gas or electrical distribution systems by mudslides, (4) Provisions to avoid contamination of water conduits or deterioration of slope stability by the rupture of such systems, (5) Similar provisions for sewers which in the event of rupture pose both health and site stability hazards and (6) Provisions for alternative vehicular access and escape routes when nonnal routes are blocked or destroyed by mudslides (Le., mudflow); (i) The means for assuring consistency between state, areawide, and local comprehensive plans with the plans developed for mudslide (Le., mudflow)-prone areas; (j) Deterring the nonessential installation of public utilities and 756 e e public facilities in mudslide (i.e., mudflow)-prone areas. Sec. 60.24 Planning considerations for flood-related erosion-prone areas. The planning process for communities identified under part 65 of this subchapter as containing Zone E or which indicate in their applications for flood insurance coverage pursuant to Sec. 59.22 of this subchapter that they have flood-related erosion areas should include-- (a) The importance of directing future developments to areas nol exposed to flood-related erosion; (b) The possibility of reserving flood-related erosion-prone areas for open space purposes; (c) The coordination of all planning for the flood-related erosion- prone areas with planning at the State and Regional levels, and with planning at the level of neighboring communities; (d) Preventive action in E zones, including setbacks, shore protection works, relocating structures in the path of flood-related erosion, and community acquisition of flood-related erosion-prone properties for public purposes; (e) Consistency of plans for flood-related erosion-prone areas with comprehensive plans at the state, regional and local levels. Sec. 60.25 Designation, duties, and responsibilities of State Coordinating Agencies. (a) States are encouraged to demonstrate a commitment to the minimum flood plain management criteria set forth in Secs. 60.3, 60.4, and 60.5 as evidenced by the designation of an agency of State government to be responsible for coordinating the Program aspects of flood plain management in the Slate. (b) State participation in furthering the objectives of this part shall include maintaining capability to perform the appropriate duties and responsibilities as follows: (1) Enact, whenever necessary, legislation enabling counties and municipalities to regulate development within flood-prone areas; [[Page 2481l (2) Encourage and assist communities in qualifying for participation in the Program; (3) Guide and assist county and municipal public bodies and agencies in developing, implementing, and maintaining local flood plain management regulations; (4) Provide local governments and the general public with Program 757 J information on the coordination of local activities with Federal and State requirements for managing flood-prone areas; (5) Assist communities in disseminating information on minimum elevation requirements for development within flood-prone areas; (6) Assist in the delineation of riverine and coastal flood-prone areas, whenever possible, and provide all relevant technical information to the Administrator; (7) Recommend priorities for Federal flood plain management activities in relation to the needs of county and municipal localities within the State; (8) Provide notification to the Administrator in the event of apparent irreconcilable differences between a community's local flood plain management program and the minimum requirements of the Program; (9) Establish minimum State flood plain management regulatory standards consistent with those established in this part and in conformance with other Federal and State environmental and water pollution standards for the prevention of pollution during periods of flooding; (10) Assure coordination and consistency of flood plain management activities with other State, areawide, and local planning and enforcement agencies; (11) Assist in the identification and implementation of flood hazard mitigation recommendations which are consistent with the minimum flood plain management criteria for the Program; (12) Participate in flood plain management training opportunities and other flood hazard preparedness programs whenever practicable. (c) Other duties and responsibilities, which may be deemed appropriate by the State and which are to be officially designated as being conducted in the capacity of the State Coordinating Agency for the Program, may be carried out with prior notification of the Administrator. (d) For States which have demonstrated a commitment to and experience in application of the minimum flood plain management criteria set forth in Secs. 60.3, 60.4, and 60.5 as evidenced by the establishment and implementation of programs which substantially encompass the activities described in paragraphs (a), (b), and (c) of this section, the Administrator shall take the foregoing into account when: (1) Considering Stale recommendations prior to implementing Program activities affecting State communities; (2) Considering State approval or certifications of local flood plain management regulations as meeting the requirements of this part. [51 FR 30309. Aug. 25, 1986J ,,' 758 Sec. 60.26 Local coordination. , (a) Local flood plain, mudslide (Le., mudflow) and flood-related erosion area management, forecasting, emergency preparedness, and damage abatement programs should be coordinated with relevant Federal, State, and regional programs; (b) A community adopting flood plain management regulations pursuant to these criteria should coordinate with the appropriate State agency to promote public acceptance and use of effective flood plain, mudslide, (Le., mudflow) and flood-related erosion regulations; (c) A community should notify adjacent communities prior to substantial commercial developments and large subdivisions to be undertaken in areas having special flood, mudslide (Le., mudflow) and! or flood-related erosion hazards. 759 . ~M.~_.#";';'i"_'""r,'";~"M,_"",j~,~" Definitions of the National Flood Insurance Program As referenced in CFR 44 CFR, Part 59.1; Pages 220-228 Revised as of October 1, 1997, Reformatted and Produced by FEMA Region VI on October 12, 1998 (No terminology or dellnitlon changes bave been made) A Act means the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.c. 4001-4128. Actuarial rates--see risk oremium rates. Administrator means the Federal Insurance Administrator. Al.'encv means the Federal Emergency Management Agency, Washington DC. Alluvial fan floodinl.' means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport. and deposition; and, unpredictable flow paths. Aoex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Anolicant means a community which indicates a desire to participate in the Program. Aoourtenant structure means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Area of shallow floodinl.' means a designated AO, AH, ARi AO, ARi AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defmed channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood-related erosion hazard is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood- related erosion hazard area in preparation for publication of the FIRM, Zone E may be further refined. Area of special flood hazard is the land in the flood plain within a community subject to a one- percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refmed into Zones A, AO, AH, AI-30, AE, A99, AR, ARiAl-30, ARiAE, ARiAO, ARiAH, ARiA, VO, or VI-3D, VE, or V. For purposes of these regnlations, the term special flood hazard area (SFHA) is synonymous in meaning with the phrase area of special flood hazard. Area of special mudslide (i.e.. mudflowl hazard is the land within a community most likely to be subject to severe mudslides (Ll:., mudflows). The area may be designated as Zone M on the FHBM. After the detailed evaluation of the special mudslide (Le., mudflow) hazard area in preparation for publication of the FIRM, Zone M may be further refmed. 760 B Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means any area of the building having its floor subgrade (beiow ground level) on all sides. Breakawav wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Buildinf!--see structure. c Charf!eable rates mean the rates established by the Administrator pursuant to section 1308 of the Act for first layer limits of flood insurance on existing structures. Chief Executive Officer of the communitY (CEo) means the official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community. Coastal hif!h hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. CommunitY means any State or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or Alaska Native vi11age or authorized native organization, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction. Contents coveraf!e is the insurance on personal property within an enclosed structure, including the cost of debris removal, and the reasonable cost of removal of contents to minimize damage. Personal property may be household goods usual or incidental to residential occupancy, or merchandise, furniture, fixtures, machinery, equipment and supplies usual to other than residential occupancies. Criteria means the comprehensive criteria for land management and use for flood-prone areas developed under 42 U.S.C. 4102 for the purposes set forth in part 60 of this subchapter. Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Curvilinear Line means the border on either a FHBM or FIRM that delineates the special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography. D Deductible means the fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurer's liability. Develorled area means an area of a community that is: 2 761 "'~"'-","'(~c"~,;>:",, ,,,,,,,__,c'.,,,,,,,,,''';'~~''_';''''''''' "," - .-'...., ,"-_",~' - (a) A primarily urbanized, built-up area that is a minimum of 20 contiguous acres, has basic urban infrastructure, including roads, utilities, cOlDlDunications, and public facilities, to sustain industrial, residential, and commercial activities, and (1) Within which 75 percent or more of the parcels, tracts, or lots contain cOlDlDercial, industrial, or residential structures or uses; or (2) Is a single parcel, tract, or lot in which 75 percent of the area contains existing commercial or industrial structures or uses; or (3) Is subdivision developed at a density of at least two residential structures per acre within which 75 percent or more of the lots contain existing residential structures at the time the designation is adopted. (b) An undeveloped single parcel, tract, or lot of less than 20 acres that is contiguous on at least three sides to areas meeting the criteria of paragraph (a) at the time the designation is adopted. (c) A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary government approvals, provided that the actual "start of construction" of structures has occurred on at least 10 percent of the lots or remaining lots of a subdivision or 10 percent of the maximum building coverage or remaining building coverage allowed for a single lot subdivision at the time the designation is adopted and construction of structures is underway. Residential subdivisions must meet the density criteria in paragraph (a)(3). DevelolJment means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Director means the Director of the Federal Emergency Management Agency. E Eliflihle communitv or lJarticioatinl! communitv means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program. Elevated buildinl! means, for insurance DUTfJOSeS, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Emerl!encv Flood Insurance ProflTam or emerl!encv DTOl!ram means the Program as implemented on an emergency basis in accordance with section 1336 of the Act. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial FIRM. Erosion means the process of the gradual wearing away of land masses. This peril is not per se covered under the Program. ExceDtion means a waiver from the provisions of part 60 of this subchapter directed to a community which relieves it from the requirements of a rule, regulation, order or other determination made or issued pursuant to the Act. Existinl! construction, means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." Kristin!? manufactured home Dark or subdivision means a manufactured 3 762 home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. . Existinf! structures - see existin~ construction. EXDansion to an existinf! manfactured home rlark or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either fmal site grading or the pouring of concrete pads). F Federal af!encv means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. Federal instrumentalitv responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration. Financial assistance means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States. Financial assistance for acouisition or construction rlurooses means any form of fmancial assistance which is intended in whole or in part for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fIxtures, and furnishings contained or to be contained therein, and shall include the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance pursuant to the Disaster Relief Act of 1974 other than assistance under such Act in connection with a flood. It includes only fmancial assistance insurable under the Standard Flood Insurance Policy. First-laver coveraf!e is the maximum amount of structural and contents insurance coverage available under the Emergency Program. Flood or Floodinf! means: (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (Le., mudflows) which are proximately caused by flooding as defmed in paragraph (a)(2) of this defmition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, 4 .763' . .., '. ,~_"O'. accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition. Flood elevation determination means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (ie., mudflow) and/or flood-related erosion hazards. Flood Hazard Boundary MaD (FHBMl means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (ie., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and/or E. Flood insurance means the insurance coverage provided under the Program. Flood Insurance Rate MaD (FIRM) means an official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. Flood Insurance Study -- see flood elevation studv. Flood Dlain or flood-Drone area means any land area susceptible to being inundated by water from any source (see "definition of "floodin{'). Flood Dlain manallement means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and flood plain management regulations. Flood Dlain manallement rellulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood Drotection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constrocted specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Flood Droofinll means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some simi1ar1y unusual and unforeseeable event which results in flooding. Flood-related erosion area or flood-related erosion Drone area means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage. Flood-related erosion area manallement means the operation of an overall program of 5 .764 corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and flood plain management regulations. Floodwav --see resulatorv floodwav. Floodwav encmachment lines mean the lines marking the limits of tloodways on Federal, State and local flood plain maps. Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heightS greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Functionallv del1endent use means a use which cannot perform itS intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. G General Counsel means the General Counsel of the Federal Emergency Management Agency. H Hif!hest adiacent flTade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (e) Individually listed on a state inventory ofhislOric places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs. I Indel1endent scientific body means a non-federal technical or scientific organization involved in the study of land use planning, flood plain management, hydrology, geology, geography, or any other related field of study concerned with flooding. Insurance adiustment orf!anil.ation means any organization or person engaged in the business of adjusting loss claims arising under the Standard Flood Insurance Policy. 6 765 ' Insurance com/1anv or insurer means any person or organization authorized to engage in the insurance business under the laws of any State. L Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee System means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfInished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Sec. 60.3. M MamlT'ove stimd means an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: Black mangrove (Avicennia Nitida); red mangrove (Rhizophora Mangle); white mangrove (Languncu1aria Racemosa); and buttonwood (Conocarpus Erecta). Manufactured home means a structure, transportable in one or more sections, which is built on a pe=ent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Ma/1 means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Agency. Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVO) of 1929 or other datum, to which base flood elevatious shown on a community's Flood Insurance Rate Map are referenced. Mudslide (i.e.. mudflowl describes a condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide (Le., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs. Mudslide (i.e.. mudflowl area manaflement means the operation of an overall program of corrective and preventive measures for reducing mudslide (Le., mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works, and flood plain management regulations. 766' 7 , t , I I , Mudslide fi.e.. mudflow) TJrone area means an area with land surfaces and slopes of unconsolidated material where the history, geology and climate indicate a potential for mudflow. N New construction means, for the purposes of determining insurance rates, structures for which the" start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodTJlain manaeement purooses, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. New manufactured home TJark or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affIxed (including at a minimum, the installation of utilities, the construction of streets, and either fInal site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. o (One Hundred) IOO-vear flood --see base flood. p ParticiTJatinf! communitv, also lazown as an eligible community, means a community in which the Administrator has authorized the sale of flood insurance. Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies. Policy means the Standard Flood Insurance Policy. Premium means the total premium payable by the insured for the coverage or coverages provided under the policy. The calculation of the premium may be based upon either chargeable rates or risk premium rates, or a combination of both. Prima" frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal stonns. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PrinciTJallv above l!Tound means that at least 51 percent of the actual cash value of the structure, less land value, is above ground. Prol!Tam means the National Flood Insurance Program authorized by 42 U.S.c. 4001 through 4128. Prol!Tam deficiency means a defect in a community's flood plain management regulations or administrative procedures that impairs effective implementation of those flood plain management regulations or of the standards in Secs. 60.3, 60.4,60.5, or 60.6. Project cost means the total fmancial cost of a flood protection system (including design, 8 767 land acquisition, construction, fees, overhead, and profits), unless the Federal Insurance Administrator determines a given" cost" not to be a part of such project cost. R Recreational vehicle means a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (e) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Reference feature is the receding edge of a bluff or eroding frontal dune, or if such a feature is not present, the normal high-water line or the seaward line of permanent vegetation if a high- water line cannot be identified. Ref!ular Prorzram means the Program authorized by the Act under which risk premium rates are required for the first half of available coverage (also known as "first layer''' coverage) for all new construction and substantial improvements started on or after the effective date of the FIRM, or after December 31, 1974, for FIRM's effective on or before that date. All buildings, the construction of which started before the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date, are eligible for first layer coverage at either subsidized rates or risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates are always required for the second layer coverage and such coverage is offered only after the Administrator has completed a risk study for the community. Ref!ulatoTV floodwav means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Remedv a violation means to bring the structure or other development into compliance with State or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal fmancial exposure with regard to the structure or other development. Risk lJremium rates mean those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with section 1307 of the Act and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. s Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. Scientifically incorrect: The methodo10gy(ies) and/or assumptions which have been utilized are inappropriate for the physical processes being evaluated or are otherwise erroneoUS. 768 e 9 Second laver coveralle means an additional limit of coverage equal to the amounts made available under the Emergency Program, and made available under the Regular Program. Servicinll com1Janv means a corporation, partnership, association, or any other organized entity which contracts with the Federal Insurance Administration to service insurance policies under the National Flood Insurance Program for a particular area Sheet flow area-see area of shallow floodinll. (Sixtv) 60-vear setback means a distance equal to 60 times the average annual long term recession rate at a site, measured from the reference feature. S1Jecial flood hazard area-- see "area of sDecial flood hazard" S1Jecial hazard area means an area having special flood, mudslide (i.e., mudflow), or flood- related erosion hazards, and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO, AI-30, AE, AR, ARlAI-30, ARlAE, ARlAO, ARIAH, ARIA, A99, AH, VO, VI-30, VE, V, M, or E. Standard Flood Insurance Policy means the flood insurance policy issued by the Federal Insurance Administrator, or an insurer pursuant to an arrangement with the Administrator pursuant to Federal statutes and regulations. Start of Construction (for other than new constrnction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. State means any State, the District of Columbia, the territories and possessions of the United States, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands. State coordinatinll allencv means the agency of the state government, or other office designated by the Governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program in that state. Storm cellor means a space below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornado or similar wind storm activity. Structure means, for flood plain frU11lallement DU1J1oses, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance covera~e Durposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affIxed to a permanent site, as well as a manufactured hOlDe on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless 10 769 such materials or supplies are within an enclosed building on the premises. Subsidized rates mean the rates established by the Administrator involving in the aggregate a subsidization by the Federal Government. Substanruzl damal!e means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substanruzl imurovement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This tenn includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The tenn does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." T (Thirtv) 30-vear setback means a distance equal to 30 times the average annual long tenn recession rate at a site, measured from the reference feature. Technicallv incorrect: The methodology(ies) utilized has been erroneously applied due to mathematical or measurement error, changed physical conditions, or insufficient quantity or quality of input data v V Zone-see "coastal hi~h hazard area." Variance means a grant of relief by a community from the terms of a flood plain management regulation. Violation means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. w Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. z _ 770 11 Zone of imminent collalJse means an area subject to erosion adjacent to the shoreline of an ocean, bay, or lake and within a distance equal to 10 feet plus 5 times the average annual long- term erosion rate for the site, measured from the reference feature. 12 771 ACCEPT INSURANCE SETTLEMENT ON PRECINCT #1 VEIDCLE A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to accept the insurance settlement for damages to a Precinct # 1 vehicle, which occurred on November 4, 2001 in the amount of$5,368.20. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e TAX ASSESSOR-COLLECTOR - JP #3 - JP #5 - EXTENSION SERVICE- MONTHLY REPORTS The Tax Assessor-Collector, JP #3, JP #5 and Extension Service presented their reports for the month of December, 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET ADJUSTMENT - YEAR 2001 - LffiRARY - BUILDING MAINTENANCE - VARIOUS DEPARTMENTS - COURT A T LAW - R & B PCT #1 - R & B PCT #4 - PORT O'CONNOR COMMUNITY CENTER BUDGET ADJUSTMENTS - YEAR 2002 - PORT O'CONNOR COMMUNITY CENTER - MOLD REMEDIATION CAPITAL PROJECT - R & B PCT #4 A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that the following 2001 and 2002 Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e I BUDGET AMENDMENT REQUEST ACCOUNT NAME PHOTO COPIES/SUPPLIES PUBLICATIONS FIRE & SECURITY SERVICES MtSCELlANEOUS TELEPHONE SERVICES LIBRARY BOOKS REPAIRS-MAIN LIBRARY UTILITIES-MAIN LIBRARY Tota/ for GENERAL FUND e NET CHANGE IN TOTAL BUDGET APPROVED JAM 2. 4 2002. 772 e e e ) BUDGET AMENDMENT REQUEST Total for GENERAL FUND NET CHANGE tN TOTAL BUDGET APPROVED JAN 2 4 2002 773 . BUDGET AMENDMENT REQUEST -3 e 1000-20D-61700 1000-20Q-63500 1000-200-66498 1000-231).63350 100-230-64520 100-23D-65110 1000-27ll-53361 1000-27D-61240 1000-340-65740 1000-34ll-53210 1000-350-66250 1000-350-53925 1ooll-43O-63380 1ClOO-43o-51536 1000-490-53020 1000-490-64790 1000-580-60332 1000-580-72500 1000-580-53430 1000-580-53020 1000-62D-60332 1000-620-72500 1000-780-64850 1000-78D-65120 1000-780-51910 1000-780-66192 1000-280-62870 774 ACCOUNT NAME DEPARTMENT NAME COUNTY TAX COLLECTOR DELINQUENT TAX ATTORNEY FEES MACHINE MAINTENANCE TRAVEL OUT OF COUNTY COMMISSIONERS COURT LEGAL SERVICES PATHOLOGIST FEES PUBLIC NUISANCE INTERLOCAL AGREEMENT ELECTIONS ELECTION SUPPLIES CONTRACT SERVICES AMBULANCE OPERATIONS-SEADRIFT SERVICES MACHINERY PARTs/SUPPLIES HEALTH DEPARTMENT TITLE XX FAMILY PlANNING CLINIC DRUGS DISmlCT COURT TRAVEL COURT REPORTER-267TH BALIFF-TEMPORARY JUSTICE OF PEACE-PCT #5 GENERAL OFFICE SUPPLIES POSTAGE CONSTABLE PCT#l AUTO ALLOWANCES EQUIPMENT-RADIO LAW ENFORCEMENT SUPPLIES GENERAL OFFICE SUPPLIES CONSTABLE PCT#5 AUTO ALLOWANCES EQUIPMENT-RADIO CRIME VICTIMS ASSITANCE PRtNTING SERVICES PUBLIC RELATIONS SOCIAL SECURITY TELEPHONE SERVICES MISCELLANEOUS INSURANCE-LAW ENFORCEMENT LIABILITY Total for GENERAL RIND NET CHANGE IN TOTAL BUDGET 662 LINE ITEM rn.J~FER (303) (359) 379 LINE ITEM TRANSFER 160 (539) 711 LINE ITEM TRANSFER (711) 43 LINE ITEM TRANSFER (43) 434 LINE ITEM TRANSFER (434) e 74 LINE ITEM TRANSFER (74) 24 LINE ITEM TRANSFER (24) 708 LINE ITEM TRANSFER (548) (140) (20) 244 LINE ITEM TRANSFER (244) 24 AS NEEDED TO PROPERLY CHARGE 81 ACCTS PAYABLE 12/31101 (54) 589 (530) FOR CRIME VICTIMS ASSISTANCE ACCTS PAYABLE 12/31/01 APPROVED e JAN 2 4 2002 , . II BUDGET AMENDMENT REQUEST II To: Calhoun County Conunissioners' Court e From: <Ztmrf .d- ~ (Department making this request) Date: 1- It. -02. e e. -;LDo I I request an amendment to the ;'..e<.J..... (year) following line items in my department: Lf II budget for the GL Account # ------------- Amendment Amount Account Name ------------------ -------~----- 0/10 ~ ~so 410 - 70~t!JO J1.l{)IGI~ ~ I of...., P.Jerok $ - #7~O()D + ?f'()tlD Net change in total budget for this department is: Other remarks/justification: o - -- $ ~=:====== Reason -.:;;.;;;; fi.r-1i-u ---- (,.-J /3.." ~tIt)trl- . '( JAN I understand that my budget cannot be amended as requested until Conunissioners' Court approval is obtained. Signature of official/department head: Date of Conunissioners' Court approval: ..#n' /L j.)~1 ()~~~ Date posted to General Ledger account(s): .J 775 BUDGET AMENDMENT REQUEST UTILITIES ROAD/BRtDGE SUPPLIES GARBAGE COLL.-MAGNOLlA BEACH UTILITIES-PARKS RENOVATION-BUILDING Tolal for GENERAL FUND NET CHANGE IN TOTAL BUDGET 776 AMENDMENT AMOUNT 21 LINE ITEM (267) 172 16 56 o o I APPROVED ] JAN 2 4 2002 5- _ _ _ _ _ BUDGET AMENDMENT REQUEST UTiliTIES ROAD & BRIDGE SUPPLIES o GE IN TOTAL BUDGET ~ APPROVED JAN 2 4 2002 w 777 BUDGET AMENDMENT REQUEST Totsl for GENERAL FUND NET CHANGE IN TOTAL BUDGET APPROVED JAN 2 4 2002 778 _ 1 e _ 6U., e 8 8 8 gg g 88 g g 8 g _ ~ g ~ M~ ~ ~o ~ . ci ~ u t;~...,. ili~ ~~ ~ ;::~ 'It' ~ ~ r-- l '" '" 8888 8 88 g 8 8 88 8 g g 8 8 8 O~~N . ~. ~ ~ N ~ci' M. ci.. M~M"'" ~ ~o ~ ...,. ~ ~~ _ ...,. 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From: Date: I request an amendment to the ~~~~~PUdget following line items in my department: I II for the ~~ _ ~~~~~~ A_ 1\mendment Account Name 1\mount Reason ------------------ ------------- ------------------- J{J?iii.qqq -&?A dO ~(I g pp f1?tQ.ov.-o ;tl3, oJ M,'1Pl/tJq.(P{;~/b (j~io " Net change in total budget for this department is: other remarks/justification: $ ~D - VED I understand that my budget cannot be amended as requested antil Commissioners' court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: 'Date posted to General Ledger account(s): 782 e e e , e e e at Total for FUND NET CHANGE IN TOTAL BUDGET APPROVED JAN 2 4 2002 1 i 783 " BUDGET AMENDMENT REQUEST 3- APPROVED JAN 2 4 2002 _ - ~c'f 784 ~ ss ~~ ~- ~n ~~<1 o~Q U . .., i5j~ o ~!5 ~~s _0 u oo .go. ca~ ",- I.!~ ! ... ... '" '" ~ ~ II ~ I " U u ~~ ~~ ~ '" ill ;:: ~8 ~8 UlUl ~ !I OQ Q O~ O~ !i!i !i 0 ~a:l ~a:l Z -' -' ~ Q -' ~ ,~ is ~ ~~ 0 ~ '" '," ~~ .. 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'" S81. ~ ~ <!l <5 .... ;;; ~ o .... ;;; 8 ..; 2: 8 g 8 ,,; ::l 8 ,,; ::l o o ..; ;;; - l e ACCOUNTS ALLOWED - COUNTY Claims totaling $77,487.59 for year 2001 were presented by the County Treasurer and after reading and verifying same. a Motion was made by Commissioner Finster and seconded by Commissioner Galvan that said claims be approved for payment. Commissioners Galvan,. Balajka. Floyd, Finster and Judge Marshall all voted in favor. . Claims totaling $7,462,567.45 for year 2002 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Conunissioner Galvan that said claims be approved for payment. Commissioners Galvan. Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED - HOSPITAL Claims totaling $1.271,661.52 for Operations and S58,022.11 for Indigent Healthcare were presented by the County Treasurer and after reading and verifying same> a Motion was made by Commissioner Galvan and seconded by Commissioner Floyd that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd> Finster and Judge Marshall all voted in favor, GENERAL DISCUSSION Commissioner Floyd asked to extend the deadline for the salary study from January 29th, 2002 to January 30,2002 at 10:00 AM. as some persons did not get their letter with enough time to respond adequately. The Court agreed to the extension. Commissioner Balajka suggested the Court meet Monday at 9~OO A.M. for a special meeting to extend the deadline. Commissioner Finster advised the Port O'Connor Community Center Group is planting memorial trees and will also erect a tife-sized dolphin at the Center. . Commissioner Galvan said the Animal Control picked up 656 animals for the County. They requested this be broken down by precincts. Judge Marshall mentioned the letter on Senate Program for safety for workman's compo The court agreed to pursue this. Judge Marshall mentioned the underground water district and action by the Court to be taken to deter the State from taking action away from us. She proposed appointment of a to-member committee to review this and make recommendations. Put on Agenda for February 10, 2002, Judge Marshall requested that any items to be put on a Thursday agenda (posted on Monday) be brought to the Judge's office the prior Thursday by 5:00 P.M. THE COURT ADJOURNED AT 12:46 P,M.