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VOL 023 (04-09-2001 to 10-12-2001)REGULAR APRIL TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD APRIL 9, 2001 BE IT REMEMBERED, that on this the 9th day of April, A.D., 2001 there was begun • and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: • • Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Anita Fricke County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. BIDS AND PROPOSALS — FUEL BIDS The following bids were received for fuel for the period beginning April 16, 2001 and ending May 15, 2001. After reviewing said bids, a Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to award both the delivered fuel and the automated card system fuel to Mauritz and Coney. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. FUEL Bm PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. PRICFi'GALLON UNLEADED GASOLINE S PREMIUM UNLEADED GASOLINE S /O 6 DIESEL FUEL (LOW SULFUR) S .80 X APPROXIMATE = TOTAL GALLONS/MO X 3800 = S e) X 4000 = S U, b X 2500 S TOTAL BID PRICE S9, o THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING APRIL 16, 2001 AND ENDING MAY 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: 07F7 CEC ADDRESS: dV L -7/ CITY. STATE. ZIP: 9aL.A 1j14Gi9 I,', ZI��7� PHONE NUMBER: PRINT NAME: 'QA )i% 4 11#04:4 DATE: FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL. WE THE UNDERSIGNED. AGREE TO FURNISH FUEL, ACCORDING TO THE ATTACHED FUEL SPECIFICATIONS. USING AN AUTOMATED CARD SYSTEM TO THE COUNTY'S SHERIFF'S DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL. EMERENCEY MEDICAL SERVICE AND OTHER VEHICLES AS DESIGNATED FROM TIME TO TIME BY THE COMMISSIONERS COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE FOLLOWIN,TYPENTY-FOUR HOUR AVAILABILITY LOCATION UNLEADED GASOLINE MID GRADE PRICE PER GALLON $ .GL75 $ ,9T 1S PREMUN$ UNLEADED GASOLINE S—( n LO i DIESEL FUEL S • 1'l q LOCATION: PDr+ Ln✓a/h (MUST BE WITHIN THE CITY OF PORT LAVACA OR WIFHIN A (5) FIVE MILE RADIUS OF THE CITY OF PORT LAVACA.) THE CONTRACT WILL BE FOR THE PERIOD BEGINNING APRIL 16, 2001 AND ENDING MAY 15. 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT INVOICES ON PURCHASES TO THE PURCHASING DEPARTMENT. PRICE QUOTED DO NOT INCLUDE TAXES. NAMEOFBIDDER: M /AtL ! 60 P4 ADDRESS: 112- W ALAt`n CTTY,STATE.ZIP: ial + LdR.c N�, 7V 7W717 PHONE NUMBER: Ab1 SS2-700 LI PRINT NAMEN-I,yL G/•I�l.,P/u.0 AUTHORIZED SIGNATURE: ' /.L1iiHf _6 ✓l / TITLE: Mf AfA 4 rQ IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL, WE THE UNDERSIGNED. AGREE TO FURNISH FUEL, ACCORDING TO THE ATTACHED FUEL SPECIFICATIONS USING AN AUTOMATED CARD SYSTEM TO THE COUNTY'S SHERIFF'S DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL. EMERENCEY MEDICAL SERVICE AND OTHER VEHICLES AS DESIGNATED FROMTIME TO TIME BY THE COMAOSSIONERS COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE FOLLOWING TWENTY-FOUR HOURAVAD.ABI.RY LOCATION: PRICE PER GALLON UNLEADED GASOLINE S 4L 15 MID GRADE 5 .4 115 PREMUDH UNLEADED GASOLINE St .o 1-1 S DIESEL FUEL S • IlI q LOCATION: POr+ L0.✓4/'^ (MUST BE WITHIN THE CITY OF PORT LAVACA OR WITHIN A (5) FIVE MILE RADIUS OF THE CITY OF PORT LAVACA.) THE CONTRACT WILL BE FOR THE PERIOD BEGINNING APRIL 16, 2WI AND ENDING MAY 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT INVOICES ON PURCHASES TO THE PURCHASING DEPARTMENT PRICE QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER M61A,tL } [.I.ry ADDRESS: 1111 w CITY,STATET.IP: Pori L.,Nay TV 7X17S PHONE NUMBER 4 b I - SS 2 -700 11 PRINT NAME: u�Ly//L��i.�Pl�i�fPa �C AUTIIORIZED SIGNATURE: ' /.xArk!/ L4(� TITLE' mk.IA 3 ra • • • N RESOLUTION IN MEMORY OF GUADALUPE G TIERREZ SR Judge Marshall presented a Resolution from the Texas House of Representatives in memory of Guadalupe Gutierrez, Sr. to Mrs. Angelita Gutierrez, widow of the late Guadalupe Gutierrez, Sr., a long-time member of this community and leader of the G.I. Forum. The State of Texas House of Representatives H.R. No. 139 R E S O L U T I O N WHEREAS, The passing of Guadalupe Gutierrez, Sr., of Port Lavaca on April 4, 2000, at the age of 68, has left a void in the lives of the family, friends, and colleagues of this esteemed gentleman; and WHEREAS, Mr. Gutierrez was born in Tivoli and served his country in Korea during his tenure with the United States Army; he was employed with Alcoa for 32 years before his retirement and was • a member of the Alcoa 25-Year Club as well as the Our Lady of the Gulf Catholic Church; and WHEREAS, A longtime member of the American G.I. Forum, Mr. Gutierrez served the organization in several capacities, including vice state commander, state commander, and commander of the Local American G.I. Forum Port Lavaca #317-F; he was also inducted into the American G.I. Forum of Texas Veterans Hall of Fame and founded the American G.I. Forum Scholarship Foundation of Port Lavaca; and WHEREAS, .The former director of the Veterans Outreach Program, this dedicated individual was named one of the 25 most influential people of Calhoun County in the 20th century and was awarded the 1999 Cinco de Mayo Hero Award; in addition to being a community leader, Mr. Gutierrez was a devoted husband to his wife, �Angelita, and a loving father to their five children; and WHEREAS, Affectionately known as "Lupe," Mr. Gutierrez was a man of integrity and compassion, and although he will be greatly missed by all who knew him, his spirit will surely live on in the hearts and minds of the many people whose lives he touched; now, therefore, be it RESOLVED, That the House of Representatives of the 77th Texas Legislature hereby pay tribute to the life of Guadalupe Gutierrez, Sr., and extend sincere sympathy to the members of his family: to his wife, Angelita; to his children, Barbara Jean Sauceda, Mary • Ellen Gutierrez, Irene Gutierrez, Danny Wayne/ Gutierrez, and Guadalupe Gutierrez, Jr.; to his sister, Alicia "Alice" Rodriguez; to his brother, Joe M. Gutierrez; to his 10 grandchildren; and to his many other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of 3 H.R. No. 139 Representatives adjourns this day, it do so in memory of Guadalupe Gutierrez, Sr. a Seaman pea er o t e House certify that H.R. No. 139 was unanimously adopted by a rising vote of the House on February 15, 2001. 5A4h,eu... 6&&t' Chief Clerk of the House Judge Marshall made a Motion which was seconded by Commissioner Finster to award the engineering contract for the Matagorda Island Lighthouse Restoration Project to Testengeer, Inc. in the amount of $77,500.00 and the company will donate 50% back to the County up to the amount of $35,000.00. (Company to give ongoing progress reports.) In discussion, Commissioners Balajka and Floyd stated that they support the issue but Commissioner Floyd suggested the vote be delayed until they have the contract to review for approval first. The court agreed to go with Testengeer and review and approve the contract later on Friday. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. COUNTY 4-H AND YOUTH COORDINATOR POSITION Roger Havlak with the Extension Service stated that they received five applicants for the County 4-H and Youth Coordinator position and he recommended Jill McCoy. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to offer the position of County 4-H and Youth Coordinator position to Jill McCoy (beginning in May, 2001). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ASBESTOS REMOVAL ON OLD JAIL — ADJUST THE BID PRICE Commissioner Balajka introduced David Rodriguez with American Insulation regarding the adjustment of the bid price for removal of asbestos from the old jail. Mr. Rodriquez explained that he ran into additional costs in the removal from the top floor and asked for $5,000 in addition to the original cost of $24, 100. • • Gl A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to adjust the price to award and add an additional $5,000 to cover the additional expenses incurred by Mr. Rodriguez of American Insulation due to unforeseen expenditures above the original contract amount. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. Commissioner Floyd voted against, stating he felt that what was there should have been inspected initially and then a bid as a lump sum and that should have been the amount. ORDER ABANDONING PART OF MACEY STREET IN PORT O'CONNOR • OUTLOTS IN PRECINCT 4 Howard Marek of Houston, Marek and Griffin, LLP, Attorney for Port O'Connor Country Club, LP Applicant, requested abandonment of part of Macey Street and recited the procedure taken by the Applicant. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to Adopt the Order to Abandon, Vacate and Close that portion of Masey Street Referred to in the field notes as Exhibit "A" off of Harrison Street in Port O'Connor. A Certified Copy of the Order will be filed in the Calhoun County Real Estate Records (shown in the following Application and order with Attached Exhibit "A"). Commissioners Finster, Floyd, Galvan, Balajka and Judge Marshall all voted in favor. ORDER ABANDONING PART OF MACEY STREET IN PORT O'CONNOR OUTLOTS, IN PRECINCT 4 Howard Marek of Houston, Marek & Grifin, LLP, Attorney for Port O'Connor Country Club, LP, Applicant, requested abandonment of part of Macey Street in Port O'Connor and recited the procedure taken by the Applicant. A Motion was made by Commissioner Finster and Seconded by Commissioner Balajka to Adopt the Order to Abandon, Vacate and Close that portion of Masey Street referred to in the field notes • as Exhibit "A" off of Harrison Street in Port O'Connor, and that a Certified Copy of the Order be filed in the Calhoun County Real Estate Records,(shown in the following Application and Order with Attached Exhibit "A"). Commissioners Finster, Floyd, Galvan, Balajka and Judge Marshall all voted in favor. ORDER DECLARING ABANDONMENT OF ROAD IN PORT O'CONNOR CALHOUN COUNTY TEXAS WHEREAS, on the 9th day of April , 2001, the Commis- sloner's Court of Calhoun County, Texas considered the request of certain Calhoun County property owners to abandon that portion of a road located in Port O'Connor, Calhoun County, Texas, more fully described by metes and bounds on the Exhibit "A" attached hereto, which exhibit is attached to this order and incorporated by reference. WHEREAS, Texas Transportation Code Section 251.051 vests in the Commissioner's Court the authority to abandon a Public Road; and / • WHEREAS, the Commissioners have not previously classified the subject road as either a first class or second class road; and WHEREAS, the Commissioners' order to abandon the road has not been enjoined or sought to be enjoined by any party; and WHEREAS, proper notice of the petition to abandon the road has been posted at the Courthouse door of Calhoun County, Texas and at other places in the vicinity of the affected route, being the Post Office in Port O'Connor, Texas, and The Public Library in Port O'Connor, Texas, Alvin's Food Store in Port O'Connor, Texas, and on the site qY the abandoned road, for at least twenty (20) days before the date the application was made to this court; and WHEREAS, the Commissioners have voted unanimously to abandon that portion of the road described on the attached Exhibit "A"; and WHEREAS, all requirements of Texas Transportation Code Section 251.051 have been complied with in declaring said road to be abandoned. NOW, THEREFORE, ON MOTION DULY MADE BY Kenneth W. Finster and SECONDED BY Michael Balajka IT IS ORDERED AND DECREED, that Calhoun County does hereby abandon, vacate and close that portion of road described on the attached Exhibit "A". IT IS FURTHER ORDERED AND DECREED THAT on the date this Order is signed, title to the abandoned road is vested in the owners of the property that abut the abandoned road, pursuant to Texas Transportation Code Section 251.058(bl, IT I5 FURTHER ORDERED AND DECREED THAT a copy of this Order be filed in the Official Records of Calhoun County, Texas and the duly filed copy of this order shall serve as the official instrument of conveyance of the abandoned road from Calhoun,County to the owners of the abutting property, pursuant to Texas Transportation Code Section 251.058(b). SIGNED THIS 9th day of April 2001. COMMISSIONERS OF CALNOUN COUNTY, TEXAS ATIT ST: MARLEN�-'PAUQ�),CALl O�1N COUNTY CLERK .a HONORAB�A� NEB M ASNA/ S, NO. 1 COMMISSIONER, PRECINCT NO. 2 HONORABLE W. H. FLOYD, COM/MMIISSION�ER, PRECINCT NO. 3 , HONORABLE KENNETH FINSTER, COMMISSIONER, PRECINCT NO. 4 • • 2 0 • • • EXHIBIT "A" FIELDNOTE DESCRIPTION ROAD TO BE ABANDONED 0.48 ACRES BETWEEN OUTLOT 3 OUTBLOCR 4 AND OUTLOT 4 OUTBLOCR 5 PORT O'CONNOR OUTLOTS THE STATE OF TEXAS COUNTY OF CALHOUN FIELONOTE DESCRIPTION for a 0.48 acre tract or parcel of ground being BETWEEN OUTLOT 3 in OUTELOCX 4 and OUTLOT 4 in OUTBLOCN 5, PORT O'CONNOR OUTLOTS as recorded in Volume 2 Page 0001 among the Deed Records at Calhoun County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found at the northwest corner 'of said OUTLOT 3, OUTALOCN 4; THENCE S 25 deg 14 in 00 or E, 517.62 feet (Base Bearing Line) with the common line of said OUTLOT 3, OUTBLOCX 4 and an on -named road as shown on said plat of the.PORT O'CONNOR OUTLOTS to a 5/8 Inch iron rod set at the south corner of said OUTLOT 3, OUTBLOCX 4; THENCE 5 64 deg 44 min 28 sec W, 40.00 feet across said un- named road to a point at the east corner of Baid OUTLOT 4, OUTBLOCX 5; THENCE N 25 deg 14 min DO Bee W, 512.61 feet with the common line of said OUTLOT 4, OUTBLOCE 5 and said un-named road to a point at the north corner of said OUTLOT 4, OUTBLOCN 5; THENCE S 64 deg 44 min 28 sec W, 40.00 feet across said un- named road to the POINT OF BEGINNING; CONTAINING 0.48 ACRES OF LAND. Bearings based on Volume 252 Page 495 of the Official Records. This fieldnote description was prepared from an actual survey made on i ground on March 23, 2000 and is true and correct pR-th ee of my knowledge and belief, -7 CHARL 5 D. SUMMERS DATE REGISTERED PROFESSIONAL LAND SURVEYOR, TEXAS NO. 2081 TEL 361-573-3004 JOB NO. 6864 WP FILE NO. 6864.1 NOTICE OF INTENT TO MAKE APPLICATION TO CLOSE ROAD IN PORT O'CONNOR, CALHOUN COUNTY, TEXAS Attached is an application to close a portion of a road located in Port O'Connor, Calhoun County, Texas, which application is intended to be filed with the Calhoun County Commissioner's Court and heard by the Commissioner's Court upon the expiration of twenty (20) days after February C�-() , 2001, being the date that this Notice of Intent is posted at the following locations: Courthouse door in Calhoun County, Texas, Post Office in Port O'Connor, and Public Library in Port O'Connor, Alvvin'S Food Store in Port O'Connor, and at the road site to be cl6sed -1d" HOWARD R. E , Attorney for Adjoining Property Owner .APPLICATION TO ABANDON AND CLOSE ROAD IN PORT O'CONNOR, CALHOUN COUNTY TEXAS TO THE HONORABLE COMMISSIONER'S COURT OF CALHOUN COUNTY, TEXAS: PORT O'CONNNOR, COUNTRY CLUB, L.P. is the owner of the real • property located on both sides of the roadway proposed to be abandoned and closed, which roadway is described on the attached Exhibit "A" Other than the property located to the north, the proposed abandoned roadway is not necessary for an ingress and egress to any properties other than the property located on either side thereof. The property located to the north is owned by SOUTHWEST TEXAS CORPORATION and its letter of approval is attached. Tfte After giving proper notice in accordance with Section 251.052 of the Texas Transportation Code, the undersigned request that the Calhoun County Commissioner's Court close, abandon and vacate that portion of the public road described on the attached Exhibit "A'�. Notice was given by posting the attached "Notice of Intent" at the • following locations: (1) Courthouse door in Calhoun County, Texas; (2) Post Office in Port O'Connor, Texas; (3) The Public Library in Port O'Connor, Texas; (4) Alvin's Food Store in Port O'Connor, Texas; (5) AT the site of the road to be closed. This Applications is signed by eight (8) property owners in Precinct No. 4, Calhoun County, Texas, pursuant to Section 251.052 of the Texas Transportation Code, e H W REK, Attorney for Adjoining Pr erty owner - Ji (PJG It�atJCL "- c ~T /L� _mac.'• )•- -� L�> Q rLo�Q-- n� lr � y�•• c,s-,Y4 f/✓ �, c'� tic w- C� ,x y .V (� i N1 o bb;,4 UR c cathy\ml deer construction\appll cation O Sent HOUSTON MAREK a GRIFFIN; 36, 573 5040; Feb 7.01 8:41AM; Page 1/1 .By: To:-S.TE RE XCT At: 5702184 FEB-07-01 00:37 AM ROBBIE GREGORY 5129034700 P.01 ATeo- b` OIOC. OUTtar :. I OUTLOT 2 I IRS • lib OUTLOT 9 • OUTBLOCK CUTLOT 6 POI E ourLOT OUTLOT I I s �4�f 1 OUTLor 4 40.00' 1 H 04'44'2r E w 6 3 .g OUTLOT � 6 6 z 14.34• / IHDu _ M Pa. % 6 E*5 O v0. S1 Tb. tOb O OUTLOT CQ � N 60ZC01' E 010.9T IRS IRr S 25T74'37'E TRACT 2 POW 0urcor 227.or �.e� ACRE 4 209.24' ws h OUTBLOCK 4 W O UTLor I OUIOT n U.85 ACR 8 50.00 IRS Wj 00.00' 64W*2e W 1207.06' HARRISON STREET r 1. ES 1. iARRos ARC SAB[y .O1 IrCCCRO[D PUT• PORT THIS PLAY WILOTS M om. 6/4 WOi IR011 It00 Palm 2 A VETES A I, 9dA1DS DESORPTION ACCWPYOLS Mtf PV T wa !/� MW RON RCO SET rC . 1;% 0411111111 -.- . 91RE MCE 0R . DEm WORDS 100 MIMY 00111" THAT " "%CY WAS Y/DC W R[ CRGJ* 11 Tlt PRWYY ON MARCH Zl 2OX EXHIBIT "A" TRACT NO. 1 14.86 ACASS TRAM NO.' P a The following described portion of an unnamed road (which road has not been constructed and has not been used by the public for road purposes): Beginning at the intersection of the north corner of outlet 5, of outblock 5, Port O'Connor Townsitc and the east corner or outlot 4, of outblock 5, and - Thence, in a northwesterly direction along the northeast line of said outlot 4 to the north .. corner of said outlot 4, and Thence, in a northeasterly direction to the west corner of outlot 3, of outblock 4, and • Thence, in a southeasterly direction along the southwest line of said outlot 3 to the south corner of said outlot 3, and Then in a southwesterly direction to the PLACE OF BEGINNING, and being also depicted on the attached map or plat. In the event the above road has been widened from 40 feet to GO feet, the above description shall be consuued as to include the extra footage or area so as to include the entire width of the road. i 4 ROAD TO BE AWANDONED 0.48 ACRES OUTLOT 2 OUTLOT OUTLOT Poe 2 1 \ 11 IRF IRS N 54'43'51' E OUTLOT OUTLOT � i 4 to OUTBLOCK 11 IRS 6 s OUTLOT I OUTLOT 6 5 OUTLOT 1 4,99 ACRES INDUSTRIAL HELICOPTERS J1 W VOL. 53. PG. 105 d lt?� OUTLOT s OR It HARRISON hEGEND. IRF - 5/8 INCH IRON ROD FOUND IRS = 5/5 INCH IRON ROD SET FC - FENCE CORNER -X- - N1RE FENCE DR - DEED RECORDS IRF IPF t� IRF N OUTLOT x 1' IRS ,B. wOUTBLOCK 4 OUTLOT T' I OUTLO 6 I 5 50.00 IRS LIRF STREET ROAD TO BE ABANDONED 0.48 ACRES BETWEEN OUTLOT 3 OUTBLOCK 4 AND OUTLOT 4 OUTBLOCK 5 PORT O'CONNOR OUTLOTS VOLUME 2 PAGE 0001 DEED RECORDS CALHOUN COUNTY, TEXAS ELLIS-SUMMERS SURVEYING LAND SURVEYORS =1 JOIIN STOCK M DR M' (351) 573-3004 YICfORl4 TEXAS 77904 FAX'. (351) 573-6041 10 Tuesday, February 27, 2001 11:41 AM 02l28%2e01 17:02 5702184 L. Young 210.271-1005 H M G PACE 02 p.02 SOLinT"ST TEXAS CORPORATION 711 Navarro, Suite 535 San Antonio, Texas 78205 February 26, 2001 • PORT O'CONNOR COUNTRY CLUB, L.P. 7720 Westview Houston, Texas 77055 • Re: Closure of Road in Port O'Connor, Texas Gentlemen: Southwest Texas Corporation is the owner of the property tfiat is located to the north ofthe road that you proposed to have abandoned and closed. We have reviewed your Application to Abandon and Close Road inPort O'Connor, Calhoun County, Texas, a copy ofwhich is attached and you have our consent and approval. ADOPT CERTIFICATE OF COMPLIANCE FOR SUBDIVISION WITHIN THE PORT O'CONNOR MUNICIPAL UTILITY DISTRICT David Gann with G & W Engineering, Inc. explained Regulation #01-03 of Chapter 7 of the Texas Local Government Code pertaining to water and wastewater system improvements of the Port O'Connor Municipal Utility District. He stated that MUD asks that the Court amend and add to the policy for platting a subdivision to incorporate this language which insures that everyone in the subdivision has been provided water and sewer and to do away with individual sewer systems or septic tanks. The certificate is to be placed on plats submitted to the Court for approval as they will not provide water and sewer until the plats are approved. For any property owner applying for a private septic system, they will be required to have a letter from MUD stating that MUD cannot provide service to them. They are trying to get everyone hooked up to the MUD system within 2 years. The Utility District has the authority to require this and new subdivisions will be required to hook up. • A Motion was made by Commissioner Finster and seconded by Co trssioner Floyd to adopt, in Concurrence with Port O'Connor Municipal Utility District, a Certificate of Compliance for subdivisions within the Port O'Connor Municipal Utility District of Regulation #01-03. The certificate would be on all subdivision plants within the MUD boundaries submitted to the Court for Approval. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 11 RULES AND REGULATIONS of the PORT O'CONNOR MUNICIPAL UTILITY DISTRICT REGULATION # 01-03 COMPLIANCE WITH COUNTY SUBDIVISION REGULATIONS. Section 1. Proof of Compliance May be Required. The District may, as a condition to commencing any review of the application for service of any person (including any application for extension of the System) or as a condition to its issuance of any approval thereof, insist upon the receipt by the District's utility manager and/or engineer of proof that the applicant has fulfilled all requirements relating to platting of subdivided lands imposed by Calhoun County, Texas, under the authority granted it under Chapter 232 of the Texas Local Government Code. Section 2. Plat Certification. The District will prepare and submit to the Commissioners Court of Calhoun County, Texas a form upon which it will certify to Calhoun County the full compliance by an applicant with the rules and regulations of the District. The District will request that the County require such certification on plats presented to it for approval under the authority it exercises under Chapter 232 of the Texas Local Government Code. • 12 • THE STATE OF TEXAS § COUNTY OF CALHOUN § PORT O'CONNOR MUNICIPAL UTILITY DISTRICT § WHEREAS, the Board of Directors (the `Board'D of the Port O'Connor Municipal Utility District (the "District's hereby establishes rules and regulations for the protection of the public health and safety pursuant to this Order dated Apri13, 2001. WHEREAS, at a meeting of the Board, held on April 3, 2001, where a quorum of directors was present, it was unanimously decided that adoption of the regulation attached hereto and made a part hereof, being Regulation 01-02, would be appropriate and necessary for the ongoing successful operation of the District. IT IS THEREFORE, ORDERED BY THE BOARD OF DIRECTORS THAT: 1. Adoption of Order. The attached regulation, Regulation 01-03, is adopted. 2. Implementation of Order. This Order shall be effective as of the date of its adoption by the Board of Directors. The President or Vice President or Secretary or Acting Secretary are authorized to do all things necessary and proper to evidence the Board's adoption of this Order and to carry out the intent hereof. ADOPTED BY THE BOARD OF DMECTORS ON APRIL 3, 2001. VOTE: For Q Against eddy Ha , President • Calvin Ragusin, Acting ecretary 13 PORT O'CONNOR MUNICIPAL UTILITY DISTRICT STATE OF TEXAS COUNTY OF CALHOUN This is to certify that the proposed water and wastewater system improvements included as a part • of the above referenced addition to the County of Calhoun, as located within the boundaries of the Port O'Connor Municipaltility District, have been reviewed and approved for construction by the Port O'Connor Municipal Utility District in the manner provided by the applicable rules and regulations of said district. Subject to full compliance with the applicable provisions of its rules and regulations, the Port O'Connor Municipal Utility District will assume responsibility for the operation and maintenance thereof. PORT O'CONNOR MUNICIPAL UTILITY DISTRICT By:_ Print N J:�POC-MUD\Legislation\PlatCertification.dm LARRY'S HARBOR ADDMON IN PORT O'CONNOR — APPROVAL OF PLAT David Gann, G & W Engineering, Inc. discussed the drainage plan and plat for Larry's Harbor Addition in Port Lavaca. Each street dedicated has a description so there is no doubt of the dedication and the certificate has been changed to state that the Court approves the plat and dedication of roads thereon. Maintenance of roads may be accepted by the County following construction of roads to County road standards. Commissioner Finster reminded him to record the acceptance of roads in the Court minutes. Mr. Gann stated that drainage coming out of this subdivision will come down all roads to Scurlock Road and then on to the Intracoastal Canal. Also, the utility easements are dedicated to the County; there MUD does not own the streets — the easements are behind the property lines. Commissioner Finster said there is a question of to whom easements, in general, are dedicated and who can abandon them, especially in Port O'Connor. A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to Approve the Plat of Larry's Harbor Addition in Port O'Connor, Texas. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. .7 I Jerry Pearce of De -Go -La gave a report concerning Resource Conservation and Development Program including information on dry fire hydrants for water in rural areas in case of fire and where to place them. Estimated coast is $800 per hydrant and individual fire departments can apply for grants for these. • No action was taken by the Court. RENTAL AGREEMENT WTTl A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to extend the negotiated Lease #501-1086 for space housing the TDHR08 Shellfish Program at the Agriculture Building between Calhoun County and the Texas Department of Health at $50 per month, including janitorial services and utilities, for the term of January 1, 2002 through December 13, 2003. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. �GG�ilOf!/7i �6'tflZ�iG7pi April 9, 2001 • Mr. Salvadore Hernandez Texas Department of Health 7430 Louis Pasteur San Antonio, Texas 78229 Dear Mr. Hernandez: Calhoun County Commissioners' Court will extend the negotiated lease #501- 1086 for the space housing the Texas Department of Health, Region 8 Shellfish Proeram. at the Agricultural Building, County Road 101, Room 7, Port Lavaca, Texas 77979. This space is 316 square feet at the rate of S1.582 for $50.00 per month. This will also include janitorial services and utilities. This lease term will include January 1. 2002 through December 31, 2003. This lease may be renewed for one term. the term being a period of twenty-four four months. with 90 days prior notice. Sincerely, Arlene N. Marshall ANM/rm 211 South Ann Street, Suite 217, Port Lavaca, TX 77979 Phone 361-553-4600 Fax 361.553-4603 e-mail:calhoun®tisd.net www, tisd.ned-calhoun is SALARY ORDER FOR YEAR 2001— AMENDMENT A Motion was made by Judge Marshall and seconded by Commissioner Finster to Amend the 2001 Salary Order to move the emergency Management Coordinator position from General Fund to Extra Help as Floodplain Administrator as an hourly position at $15.52 per hour without.benefits of insurance or retirement. Commissioners Galvan, • Balajka, Floyd, Finster and Judge Marshall all voted in favor. GOLDEN CRESCENT CANDLE LIGHTING CEREMONY A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to approve the Golden Crescent Candle Lighting Ceremony to be conducted by the Child Abuse Sponsor Group (CASA) on April 25, 2001 at 5:00 P.M. at the steps of the Calhoun county Courthouse. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to authorize a loan from the General Fund to the Grants Fund in the amount of $9,536 for the Extension Service Seafood composting Project (the General Land Office grant is on a reimbursement basis). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. APPOINTMENT OF FLOODPLAIN ADMINISTRATOR A Motion was made by Judge Marshall and seconded by Commissioner Finster to • appoint Melvin Strong as Floodplain Administrator. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. Commissioner Floyd voted against, stating this puts him back as salary again; need to get his salary straightened out. Judge Marshall said she would check with the County auditor although the $2,000 salary isn't enough to warrant paying benefits. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to adopt the Resolution Proclaiming April as "Youth Alcohol Awareness Month" in Calhoun County. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. APRIL 2001 YOUTH ALCOHOL AWARENESS MONTH WHEREAS, the lives of too many young Texans have already been lost and too many others jeopardized to ignore the problems associated with illegal underage drinking; and, WHEREAS, illegal underage drinking significantly contributes to health problems, health care costs, crime, violence and other serious problems in our County; and WHEREAS, curbing juvenile drinking and driving while intoxicated (DWI) violations are two of the most important issues facing our comunity; and m WHEREAS, education and prevention initiatives introduced through the Texas Alcoholic Beverage Commission's Project SAVE (Stop Alcohol Violations Early) are intended to decrease the problems named above; and 16 • • WHEREAS, Calhoun County is committed to working for the prevention of alcohol use by our Youth under 21 years of age and joins state-wide initiatives that draw attention to this effort; NOW, THEREFORE, We, the Calhoun County Commissioners' Court, do hereby proclaim the month of April as "YOUTH ALCOHOL AWARENESS MONTH" in Calhoun County. We also call on all citizens, other government agencies, public and private institutions, businesses, hospitals, and schools to promote awareness of the problems associated with illegal underage alcohol use and to seize this opportunity to establish safer and healthier norms regarding alcohol use by young Texans. Together, we can stop alcohol violations early. We must do it now, not later! Arlene Marsha oun County Judge One 117� /�-� - H. Floyd, Commissioner Precinct Three Michael Balajka, Commissioner Precinct Two Kenneth W. Finster, Commissioner Precinct Four PICK-UP IN PRECINCT #1— SURPLUSISALVAGE A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to declare a 1999 Ford Pick-up (Vehicle #2FTRF17W2XCB15756) as surplus/salvage and remove from Precinct #1 inventory. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED — COUNTY Claims totaling $330,749.68 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED — HOSPITAL INDIGENT HEALTHCARE Claims totaling $3,748.52 for Indigent Healthcare were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. MAGNOLIA BEACH VOLUNTEER FHtE DEPARTMENT RA'd1O — SURPLUS A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to declare a Motorola radio (Serial # SNSP50777FWNN079) as surplus and remove it from the Magnolia Beach Volunteer Fire Department inventory. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 17 TRANSFER VEHICLE FROM RABIES CONTROL TO SHERIFF'S DEPARTMENT A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to transfer a vehicle (1990 GMC Pickup, VIN #2GTECI9C3L1544145, Asset 9620-002) from Rabies Control to the Sheriff's Department. Commissioners Galvan, Balajka, Floyd, Finster andYge Marshall all voted in favor. PRECINCT #2 TRACTOR — SURPLUS A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to declare a 7840 International tractor with three spool valve, pops with cover and without 1996 bush hog mower, (Asset #22-0040, SN # B530014B006745) as surplus and remove from Precinct #2 inventory (was a trade-in). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. CARONNADE PLACEMENT IN PORT O'CONNOR Commissioner Finster stated that the Caronnade Placement in Port O'Connor is on the agenda for Friday but any questions can be asked now. This was found by the Texas Historical Society, restored and can be placed in Calhoun County. JP #3 AND JP #5 — MONTHLY REPORTS JP #3 and JP 95 presented their monthly reports for March, 2001 and after reading and verifying same a Motion was made by Commissioner Balajka and seconded by Commissioner Finster that said reports be approved as submitted. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. eDDGST At�NDNSNT xapOssT To: Calhoun County Conm/isSionerel Court From: fYVU ;t f `a"VvvYa4b1f2�" (Department making this request) Data: 4f-,3-0( I request an amendment to the -100/ budget for the Ty -ear) following line items in my department: Amendment lif. Account 11- _- Account Name -_ Amonat-___ _ season_-__-_ 13o-7o'I9J l�{50% --�U� of Net change is total budget for this department ins Other remarke/justification: $ —0� I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. • C7 • 4b] Signature of official/department head: Data of Comaissioners- Court approval: Data posted to General Ledger account(.): • • • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: Criminal District Attorney's Office (Department making this request) Date: April 3, 2001 I request an amendment to the 2001 budget for the year following line items in my department: Amendment GL Account # ---Account Name ---Amount---- 510-66980 Witness Fees 510-63740 510-64670 + $ 78.00 Meal Allowance - $ 28.00 Physicals - $ 50.00 Net change in total budget for this department is: other remarks/justification: $ 0.00 ------Reason to ray for transcripts of court Proceedings 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): 19 / BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: �dA� (� Pk- r.z. (Department making this request) Date: I request an amendment to the DO budget for the year following line items in my department: Amendment GL�Account �#� Account Name Amount -15 15 Net change in total budget for this department isa Other remarks/justification: smaasaamaaasm 3 ---- -Reason- 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): • • 20 11 BUDGET AMENDMENT RE To: Calhoun County Commissioners, Court From: Co-png—& ad1&J • (Department making this request) Date: q 3_oI I request an amendment to the o20 01 budget for the year following line items in my department: Amendment GL Account # Account Name Amount 'lY03n auAa, 00 O0, Net change in total budget for this department iss Other remarks/justification: aavvaaaaanaaa Reason 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): • 21. GENERAL ms a eo Commissioner Balajka stated that Rexco, Inc. would be bringing the old jail down mid- week mcase anyone _qmwpre. Judge NmE!! as that Commissioner Fin _ has requested that we way U Apely Court session _mm A.M. and she remindedU a« that as afternoon&aHoliday —taCourt decided mwsin_*ma# Judge Marshall informed the G« that Mr. Pearce discussed te Community Development Plan w.going » help coordinate. s�has been meeting with the may, and they agreed that the a_mi Development Department 2the State ¥ Texas in ,_gdevelopment pror_ will send infour i_,»look at the various communities of Calhoun a_yand make recommendations for future growth of the county. TAG« was informedte theremay have been some nude bathers e the beachan there place regardingi . 0 � � THE COURT REOqED UNTIL £RIDAY,APRIL a2g1. 22 SPECIAL APRIL TERM HELD APRIL 13, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 13th day of April, A.D., 2001 there was begun • and holden at the Courthouse in the City of Port Lavaca, said County and State, at 8:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pct. 1 (ABSENT) Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Anita Fricke Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. SALARY ORDER FOR 2001— AMENDMENT The Court discussed the Salary Order regarding the Floodplain Administrator position, which is a $2,000 a year job and would not be a covered position for benefits. A Motion was made by Judge Marshall and seconded by Commissioner Galvan that the Salary Order for 2001 be amended to include the Floodplain Administrator under extra • help and that the position is not covered for benefits. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. PLACEMENT OF CARONNADE IN PORT O'CONNOR Placement of the Caronnade in Port O'Connor was discussed. Mr. Henry Pomgratz, representing Friends of the Port O'Connor Library, stated that they have followed the restoration process to insure the caronnade, which was discovered in Pass Cavallo in 1999, comes home to Port O'Connor. He said that Representative Gene Seaman's office said this is an action item on the Historical Commission's agenda next week in Austin and expect that it will be on permanent loan to Calhoun County. NEUMA has paid Texas A&M in full for the restoration and NEUMA asked Friends of the Library to assist them. Sites in Port O'Connor have been surveyed for the display and Judge Marshall said there is a museum committee working on a facility. The Court asked Mr. Pomgratz to appear before the Historical Commission meeting for any input and report back to the Court. DISTRICT CLERK — EXTENSION SERVICE — MONTHLY REPORTS The District Clerk and Extension Service presented their monthly reports for March 2001 and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that said reports be accepted a presented. • Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. CONTRACT FOR ENGINEERING SERVICES FOR MATAGORDA ISLAND LIGHTHOUSE RESTORATION PROJECT The contract for engineering services with Testengeer, Inc. for the Magda Island Lighthouse restoration project was not ready to be presented to the Court. There will be a meeting of all parties on Wednesday and this will be put on the April 3e agenda. 23 Commissioner iFinster stated that the Contract for hay baling at the Landfill site has been clarified —the starting date is January I" — Mr. Winder agreed. DEMOLITION CAPITAL PROJECT A Motion was made by Commissioner Floyd and seconded by Commissioner Finster that the following Budget Adjustments be approved as presented. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. BIIDGET AMENDMENT REQIIEST To: Calhoun County Commissioners' Court ou From: b( 13 PJ (Department making this request) Date: 4- a-O I I request an amendment to the not budget for the year following line items in my department: GL Account_#_ I-VoD Account Name --^_ Net change in total budget for this department is: Other remarks/justification: F Amendment Amount_�� a aaaaaaaaaaaa Reason ---------_ 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): • • 24 BUDGET AMENDMENT REQUEST To: Calhoun CountyCommissioners' Court isFrom : � Ala PA:Zre J a, 7 (Department making this request) Date: q -►a_ O ` I request an amendment to the = ZOO) budget for the tyea�r following line items in my department: _G_L_Account #_ Account 65`1�PO o - Net change in total budget for this department is: Other remarks/justification: Amendment Amount____ Reason____ 15� 15a aaaaaaaaaaaaa 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(a): • tis BUDGET AMENDMENT REQ13EST To: Calhoun H�County Commissioners' Court From: J-Loc. ' () (Department making this request) Date: q-ik-ram( I request an amendment to the 2 °01 budget for the year following line items in my department: GL Account # Account Name Cam. c�. Net change in total budget for this department is: Other remarks/justification: IN Amendment Amount Reason 11 v aaaavavaaaaa 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): • • 26 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners, Court l • From: l ap ( epar ment maki g this request) Date: L — I • I request an amendment to the _ oZop�_ budget for the year following line items in my department: GL^Account ^#� '7�fo30 Amendment Account 1l/N_a1me^^^ ��Amounit-^^^ lU v liJr��aMra�� J Net change in total budget for this department is: Other remarks/justification: a saaaaaaaaaaa Reason��»r_ 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): _.. 27 • SCALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADIUST.FOR4/13/01 P5s Fund Effective Code Date Fond Title Transaction Description Dept Title GLTitle Increase Decrease 1000 4/13/01 GENERALFUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 2.349.00 BRIDGE-PRECINCT#2 1000 4/13I01 GENERALFUND LINE REM TRANSFER ROAD AND TIRES AND TUBES 225.00 BRIDGE-PRECINCT#2 1000 4/13101 GENERALFUND, LINE REM TRANSFER ROAD AND MACHINERY AND 2,124.00 BRIDGE -PRECINCT #2 EQUIPMENT 1000 4113101 GENERALFUND LINE REM TRANSFER FIRE PROTECTION -PORT EQUIPMENT RENTAL 152,00 OrONNOR 1000 4113101 GENERALFUND LINE ITEM TRANSFER FIRE PROTECTION -PORT SERVICES 152.00 aCONNOR 1000 4/13/01 GENERALFUND LINE REM TRANSFER FLOOD PLAIN TRAINING TRAVEL OUT OF II.0o ADMINISTRATION COUNTY 1000 4/13/01 GENERALFUND LINE ITEM TRANSFER FLOOD PLAIN TRAVEL OUT OF COUNTY 11.00 ADMINISTRATION Total GENERALFUND 2.512.00 2,512.00 1000 5145 4/13/01 OLD JAIL DEMOLITION LINE ITEM TRANSFER NO DEPARTMENT ASBESTOS ABATEMENT 2,431.00 PROJECT 5145 4/13/01 OLD JAIL DEMOLITION LINE ITEM TRANSFER NO DEPARTMENT STUDY-O D JAB.,,, _ 2,431.00 PROJECT DEMOLGTO Total OLD JAIL DEMOLITION ~` 2,431.00 2,431.00 5145 PROJECT Report Total _a� 4,943.00 4,943.00 i � \ \ a 1 Dwe VIM ACCOUNTS ALLOWED Claims totaling $146,336.06 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Floyd that said claims be approved for payment as presented. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. COUNTY TREASURER — MONTRY REPORT The County Treasurer presented her monthly report for March, 2001 and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by • Commissioner Galvan that said report be accepted as submitted. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. • • THE COURT ADJOURNED SPECIAL APRIL TERM HELD APRIL 30, 2001 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 30th day of April, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall (Arrived 9:15) Roger C. Galvan Michael J. Balajka (Arrived 9:25) H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pet. I Commissioner, Pet. 2 Commissioner, Pct, 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Judge Marshall gave the Invocation and Commissioner Finster led the Pledge of Allegiance. EMPLOYEE OF THE MONTH Judge Marshall announced Johnny Amador as Employee of the Month. He is an investigator with the Sheriff's Department and is also a Range Officer. He is dependable, effective and has a good working relationship with others. Mr. Amador was presented with a plaque. PUBLIC HEARING TO AMEND THE YEAR 2001 BUDGET Judge Marshall opened the public hearing at 9:04 A.M. V 1\L - 1\l'LL.Vl\L V !\lAl\L1VL1111J1\ 1 W% 1Kull " V1\L - OLD JAIL DEMOLITION CAPITAL PROJECT — JUVENILE PROBATION — JP PTC. #2 — BUILDING MAINTENANCE 29 The following Budget Adjustments #1 through #14 were read. Comments were heard concerning a full-time clerk for JP Pct. #2 with an increase of $9,267 in the clerk's salary. (Adjustment #13) The District Attorney and Sheriff urged the Court to approve this, citing the increased workload. Fritz Wilke asked the percentage of work JP #2 does over the others. Mark Daigle with the Sheriff's Office stated an increase of $14,000 on Courthouse security (Adjustment #9) is to expand the capabilities of the security system at the Annex and Courthouse which includes purchase, installation and training. There being no objection, the Public Hearing closed at 9:22 A.M. A Motion was made by Commissioner Balajka and seconded by commissioner Galvan that the Budget Adjustments #1 through #14 be approved as presented. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. 11 BUDGET AMENDMENT REQUEST II To: Calhoun County Commissioners' Court From: 1 Q run�ti uno/Nann(¢ (Departm t making this request) Date: 3-O-0I J, I request an amendment to the a-10 01 budget for the year following line items in my department: GL Account#� I'lo — 53(dfo Amendment Account Name Amount Net change in total budget for this department is: Qovsev�avoeea Other remarks/justification: I understand that my budget cannot be ame Commissioners' Court approval is obtained Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): Reason In PPROVEUI • • L_J 30 BIIDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: �" aL/&0ANAMc o • (Department making this request) Date: J5_o I is I request an amendment to the - c�001 budget for the year following line items in my department: Amendment GL Account # _ _ Account Name Amount _.._ ___-______-..._ �nvaG o�gT� Net change in total budget for this department is: Other remarks/justification: $ C v oa- aaaaaeaa Reason 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): APRI(? 2001 L1 31 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court ," C From: .fin"�AaS,u (Department making this request) Date: C' — 15-01 I request an amendment to the aZ00I budget for the year following line items in my department: Amendment GL Account#, ,--w^�_ `^r, Account Name `_�Amount,��, ��_Reason��_,�^ 30� AP ni ` Net change in total budget for this department is: $ ' 3 Q- vaav ovv_�ve Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: C� Date of Commissioners' Court approval: • Date posted to General Ledger account(s): 32 11 BUDGET AMENDMENT REQUEST q To: Calhoun County Commissioners' Court From: C. • (Department making this request) Date: q —Q-5-01 I request an amendment to the a66) budget for the year following line items in my department: Amendment GL Account # Account Name Amount Reason • APR 3 0 Net change in total budget for this department is: $ 1111 p aaadaC�aaaaa Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • 33 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: �uM l j') (Depart ent making this request) Date: 4-19 —(01 I request an amendment to the budget for the year following line items in my department: GL Account_#_ oco iSgc) aS� 19g0 a50-I qst Account ^Name ^�^ �� .�C V,. IA" .cam Net change in total budget for this department is: Other remarks/justification: Amendment ^,^Amount____ �o sn==J=)o �3 Reason��__ APR 3 0 2091t t 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: ,:a li . 1 Ii IJ .J� I Date posted to General Ledger account(s): 34 BUDGBT AMENDMENT REQUEST 11 To: Calhoun County Commissioners' Court From: -b A Ww't • (Department making this request) Date: a`I-(D( Z request an amendment to the d3O budget for the year following line items in my department: GL- Account -#- • Account ^Name --- rl`Q�:J.�lalhtim�c Net change in total budget for this department is: Other remarks/justification: Amendment _ Amount_QO T $===Lwo=L/= L== Reason Z 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): • 35 BUDGET AMENDMENT REQIIEST F • To: Calhoun County Commissioners' Court From: 1 'j, P', _ (bepiarttment making this request) Date: 1�_a_p 1 I request an amendment to the 0 u( budget for the year following line items in my department: Amendment GL Account#� Account Name Amount - �' --- - ,T, Net change in total budget for this department is: Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • 36 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: C� • Department making this request) Date: -I- ()I I request an amendment to the aA01 budget for the year following line items in my department: Amendment GL Account # Account Name Amount • Net change in total budget for this department is: Other remarks/justification: Reason 0. * 116• X 12• _ 19392.00 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): • 37 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: (Department making this request) Date: -1 —!'--0' I request an amendment to the budget for the year following line items in my department: GL Account^#_ �^ Account Name Net change in total budget for this department is: Other remarks/justification: Amendment Amount Reason__�_�_ Y� W ( Coon 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): 0 mAR-29-2001 02:42 AM SECURETECH 972 291 3356 P.02 SecureTech Systems, Inc. 0-ccureTech Systems, Inc. Quote 2325 Valley View Drive Cedar Hill, TX 75104 Dete Est mate A 34180001 68 Name/Address --- ^ Calhoun ._.... ..-- Mark Dogle 21) South Ann &reet Port Uvacs, TX 77979 Deaedptlon WAVE32 - Incil&o 32 duress button, 32 ttteaaeges, 2 repoetas WOO mclues shipping, hondlim inste Woe. and uainiu& 1 quote is valid for 3o days . Project Qty Rate TOW II 14,995.00 14,995.00 APR 3 0 P001 i 1 Total $14,995.00 �a Valley View Cr ive . Cedar H70, Texan 79104 6 Tal f9713 1281.333M Fax t97Q) 1291-a3156 11 BUDGET AMENDMENT REQIIE3T To: Calhoun Count�y Commissioners' Court y �' From: ekL& ,/q ,�tlay/~,t4 PAaAG� (Department making this request) Date: Lf. I `_p 1 I request an amendment to the 12--0'01 budget for the year following line items in my department: GL Account # Account Name --�, Net change in total budget for this department iss other remarks/justification: 10 Amendment AmountReason�,_�,_ oc) 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): U L' • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners, Court O.A. From: PA. } (OQ r7( Q,J -Y r • (Department maki g this request) Date: Ll— I ?—(:) I request an amendment to the )-0 01 budget for the following line items in my department: q GL�Account �#» '41-I I oho [01 o 0-loQ'�o c9c� Net change in total b:e5t A*•for this department i Other remarks/justification: Amendment --- Amount --- ^ Reason —ono aaaa_aa�aaaea 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): • 41 11 BUDGET AMENDMENT REi ST To: Calhoun County Co issioners' Court From: %epartment making this request) Date:�G�' I request an amendment to the �O / budget for the year following line items in my department: 4 GL,Account �#w Amendment Account Name Amount Reason 3P- T • 'ii Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 42 • 1000-46051303 1000-46051910 1000-460-51920 1000460-51930 1000-46051940 1000-460-51950 C • BUDGET AMENDMENT REQUEST SECURITY INSURANCE COMPENSATION Total for GENERAL FUND tc,x[) CHANGE FROM TEMI 12.178. EFFECTIVE 5/1/01 167 (4 pages attached) 7.743 201 6 12 FO V i APR 3 0 2001 13 In • • • CALHOUN COUNTY JUSTICE OF PEACE PRECINCT 2 FOR PUBLIC HEARING 430101 ANALYSIS OF BUDGET AMENDMENT REQUEST EARNINGS BENEFITS FICA/ I RETIREMENT, GRAND TOTAL MEDFICA GROUP SUPPL.DEATHI WORK.COMP. UNEMPL. MK-102N TOTAL SALARY BENEFITS 7,65% MEDICAL 9.19% 25 CLERK 31,810.83 18,267.00 13,543.83 1,397.43 10,323.36 1.678.74 45.67 98.64 Seml-mono $761.12 TOTALS -ANNUAL 3181083 18 267.00 13 543.83 1.397.43 10,323.36 1,678.74 45.67 98.64 PRORATE MAY -DEC. 2001: CLERK 22,067.50 12,178.00 9,889.50 931.62 7,742.52 1,119.18 30.45 65.76 (Semi-montly $761.12 TOTALS-MAY/DEC. 2001 22,067.50 12,178.00 9,889.50 931.62 7,742.52 1119.16 30.45 65.76 ADDITIONAL COST ANALYSIS 2001 Salary for 8 months 12,178.00 12,178.00 Less Budget Balance In Temporary 6,582.00 (6,582.00 Benefits on $2,178 (Salary - $10,000 original temporary budget) 383.98 383.98 166.62 200.16 5.45 11.76 Group Insurance 7,742.52 7,742.52 1 1 7,742.52 NET INCREASE IN 2001 BUDGET 13,722.50 1 5,596.00 8,126.50 1 166.62 7,742.52 200.16 5.45 11.76 APR 3 0 2MI 4/2712001 3:05 PM James W. Duckett Justice of the Peace, Precinct 2 201 W. Austin • Port Lavaca, TX 77979 • (361) 553-4622 • Fax (361) 5534625 • March 20, 2001 Commissioner Court, Calhoun County 211 South Ann Street Port Lavaca, Texas 77979 RE:2001 Budget Amendment Justice Court, Pct.#2 Dear Commissioner's Court I am requesting Commissioner's Court to approve a budget amendment in my 2001 budget to compensate the salary of hiring my clerk to a full time position. According to the Texas Justice Training Center, the approximately $30,000 monthly collections collected by JP#2 office, qualifies this office as a high volume office, see Attachment #1. And as a high volume office, I feel the office requires a full time clerk. Starting with the year 2001, the County Auditor requested, • from the Justice of the Peace offices, a report of all uncollected fines on outstanding citations as specified in Attachment 42. Enclosed in Attachment #3 is the total monies as of November, 1998, The total amount on uncollected fines was determined to be $363,943 in JP#2 office, as indicated in Attachment #3. All efforts to collect any outstanding fines are being made, however due to the daily responsibilities it is a difficult task. It is my goal to collect the outstanding amount, and with a full time clerk, I believe we can successfully collect all monies owed the county. At the present time, approximately 50% of the outstanding monies owed is being collected, as indicated in Attachment #4, but with additional time, the percentage could be much greater. The warrants issued in the outstanding cases take time and effort, but warrants are issued. • 45 • During the current school term, beginning August 2000 until the present, this office has collected approximately $7,557.75 in Juvenile Court costs and fines, as indicated in Attachment #5. For the same period, there is an additional $8,465.00 outstanding as indicated in Attachment #6 and my goal is to collect all outstanding monies. The clerk of JP#2 is presently handling approximately 50 telephone calls per her -six hour days. In a 30 day period she processes approx.. 348 citations, 26 traffic and criminal hearings, processes and mails approx. 278 courtesy letters, files 12 small claims, scheduling approx 126 truancy hearings, files approx. 77 juvenile hearings, averages 3 civil cases, issues approx. 7 felony warrants, 155 criminal fail to appear warrants, 3 worthless check warrants, clears approx. 32 cases by proof of financial responsibility, clears approx. 17 cases of Defensive Driving, maintains records of credit for time served, in the amount of approx.$4,147.50, and manages approx. . $27,730.49 in collected fines per month, each and every month. All the average monthly totals are included in Attachment V . The clerk is responsible for the monthly report to the County and the balancing of approx. $332,765.88 per year from collections of this office. The fact that she is computer trained and maintains all financial transactions electronically, qualifies her for a full time clerk's position and she should be compensated accordingly. The duties of the Clerk in JP#2 are considerable, and I don't feel it is in the best interest of the office or the County, to expect the job to be completed in a six hour, part time shift for part time pay. There are times because of work load she works past the six hour shift, however as there are not funds in my budget to pay overtime, she is not compensated for her time. My office adds approx. $30,000 per month to the County account and I believe this should qualify my office for a full time clerk and have her compensated as such. I am requesting a budget amendment of $8,267 to bring the clerk's salary up to the $18,267.00 per year as a full time employee of the county, as set by Commissioner's Court in the 2001 Salary order, in Attachment #8. • 46 l I hope serious consideration will be given to my recuest and Alysha Dudley be hired full time. The responsibilities of the job are such that she deserves to be paid for what she is required to do. The county should offer her what other employees of the county are being paid for comparable.responsibilities.This office cannot afford to lose qualified help. I thank you in advance for your time and consideration. Should additional information be required, please contact my office. Respectfully, r Aiam'ce4Zes'�1W.Duckett, Justice of the Peace, Pct.2 Calhoun County JWD:jd XC: County Judge Arlene Marshall Commissioner Roger Galvan, Pct.l Commissioner Michael Balajka, Pct • Commissioner H.F1oyd,Pct.3 Commissioner Kenneth Finster County Auditor Ben Comiskey BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: (Department making this request) Date. `-f —' J-31 I request an amendment to the ZO 0 budget for the following line items in my department: GL,� , Account# 11 o- it. io 0 1403 Net change in total budget for this department is: Other remarks/justification: Amendment --Amouat---` -------Reason ~~~ --------- 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): • • Fund Code Fund Title 9200 JUVENILE PROBATION FUND Total JUVENILE PROBATION 9200 FUND Report Total CALHOUN COUNTY, TEXAS Unposted Budget Transactions - REVENUE AMDMTS 4/30/01 BUD129 -BUDGET AMENDMENTS HEARING 4/30/0) Ame... Transaction Description Dept Title GL Title 12 USE ACCUMULATED NO DEPARTMENT INTEREST INCOME INTEREST FOR EQUIPMENT PURCHASE Incroase Decrease 3,300.00 3,300.00 0.00 3,300.00 0.00 - . . _,,,.._ _- - V APR�0 20011 Dale: 4n7nW1 • 0 P'q I • m i Ll Fund Code Fund Title • CALHOUN COUNTY, TEXAS s . , ! �¢, L ,"f• . rj A Unposted Budget Tnansactions -EXPENDITURE AMDMT 4/30/01 tt..� BUD) 29 - BUDGET AMENDMENTS HEARING 4/30/01 q6o APR 30 2001 Amendment No. Transaction Description Dept Title GL Title 1 Increase 1000 GENERALFUND 1 1000 GENERAL FUND I 1000 GENERALFUND I1 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Deb: 4/ VWI GENERALFUND GENERALFUND GENERAL FUND GENERAL FUND GENERAL FUND GENERALFUND GENERAL FUND GENERALFUND GENERALFUND GENERAL FUND GENERALFUND GENERALFUND GENERALFUND GENERALFUND GENERALFUND 13 t9l 13 13 13 13 13 14 14 14 14 14 N 3 4 GENERALFUND 5 GENERALFUND 5 TO PROPERLY CHARGE FLOOR BURNISHER TO PROPERLY CHARGE FLOOR BURNISHER TRANSFER AMOUNT NEEDED FOR OLD JAIL DEMOLITION JP 2 CHANGE TEMPORARY TO CLERK POSITION JP 2 CHANGE TEMPORARY TO CLERK POSITION 1P 2 CHANGE TEMPORARY TO CLERK POSITION 1P 2 CHANGE TEMPORARY TO CLERK POSITION JP 2 CHANGE TEMPORARY TO CLERK POSITION IF 2 CHANGE TEMPORARY TO CLERK POSITION JP 2 CHANGE TEMPORARY TO CLERK POSITION CREATE ACCOUNTS REQUIRED BY PAYROLL CREATE ACCOUNTS REQUIRED BY PAYROLL CREATE ACCOUNTS REQUIRED BY PAYROLL CREATE ACCOUNTS REQUIRED BY PAYROLL CREATE ACCOUNTS REQUIRED BY PAYROLL MODIFY JUVENILE PROBATION OFFICES I-69 ALLIANCE CREATE UTILITIES ACCOUNT EXTRA HELP FOR COUNTY CLERK EXTRA HELP FOR COUNTY CLERK BUILDING MAINTENANCE BUILDING MAINTENANCE TRANSFERS JUSTICE OF PEACE PRECINCT N2 JUSTICE OF PEACE PRECINCT N2 JUSTICE OF PEACE PRECINCT 92 JUSTICE OF PEACE PRECINCT N2 JUSTICE OF PEACE PRECINCT p2 JUSTICE OF PEACE PRECINCT42 JUSTICE OF PEACE PRECINCT N2 BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE COMMISSIONERS COURT COMMISSIONERS COURT COUNTY CLERK COUNTY CLERK I JANITT SUPPLIES CAPIT At -OUTLAY- - -• TRANSFER TO OLD JAIL DEMOLITION PROJECT CLERK TEMPORARY SOCIAL SECURITY GROUP INSURANCE RTwtJT�tO� 1 WORKMENS COMPENSATION FEDERAIISTATE UNEMPLOYMENT JANITORS TEMPORARY OVERTIME WORKERS COMP ADJUSTMENTS RETIREMENT REPAIRS -COURTHOUSE ANNEX I-69 ALLIANCE UTILITIES-EMERG. COMMUNICATION NETWORK TEMPORARY SOCIAL SECURITY j 1,222.00 40,000.00000.000 12,178.00 6,582.00 167.00 7,743.00 201.00 6.00 12.00 98.00 335.00 306.00 98.00 29.00 2,801100 1,300.00 1,200.00 960.00 74.00 Rge'.1 O L7 U7 CALHOUN COUNTY, TEXAS 1 Unposted Budget Transactions - EXPENDITURE AMDMT 4130101 BUD129 - BUDGET AMENDMENTS HEARING 4/30101 Fund Code Fund Tide Amendment No. Transaction Description Dept Title GL Title Increase Decrease 1000 GENERAL FUND 5 EXTRA HELP FOR COUNTY COUNTY CLERK WORKMENS CLERK COMPENSATION 3.00 1000 GENERAL FUND 5 EXTRA HELP FOR COUNTY COUNTY CLERK FEDERAUSTATE CLERK UNEMPLOYMENT 6.00 1000 GENERAL FUND 6 BAILIFF ELIGIBLE FOR DISTRICT COURT RETIREMENT 1,048.00 RETIREMENT 1000 GENERAL FUND 7 EXAMINING TRIALS -JP JUSTICE OF THE LEGAL SERVICES -COURT 863.00 COURT PEACE -GENERAL APPOINTED 1000 GENERAL FUND 8 PREMIUM PRORATED JUVENILE COURT GROUP INSURANCE I,392.00 BETWEEN DEPARTMENTS Total GENERAL FUND 1000 71,608.00 8,237.00 2670 COURTHOUSE SECURITY FUND 9 CREATE EXPENDITURE NO DEPARTMENT EQUIPMENT SECURITY 16,000.00 BUDGET Total COURTHOUSE SECURITY 2670 FUND 16,000.00 0.00 2739 RECORDS MANAGEMENT 10 RECLASSIFY FROM NO DEPARTMENT SUPPLIES RECORDS MGMT 1,500.00 AND PRESERVATION FUND SERVICES TO SUPPLIES PRESERVATION 2739 RECORDS MANAGEMENT 10 RECLASSIFY FROM NO DEPARTMENT RECORDS AND PRESERVATION FUND SERVICES TO SUPPLIES MANAGEMENT/PRESERV. 1,500.00 Total RECORDS MANAGEMENT 2739 AND PRESERVATION FUND 1,500.00 1,500.00 5145 OLD JAIL DEMOLITION 1 I TRANSFER AMOUNT NO DEPARTMENT ASBESTOS ABATEMENT 31,000.00 PROJECT NEEDED FOR OLD JAIL DEMOLITION 5145 OLD JAIL DEMOLITION I I TRANSFER AMOUNT NO DEPARTMENT MISCELLANEOUS 5,004.00 PROJECT NEEDED FOR OLD JAIL DEMOLITION 5145 OLD JAIL DEMOLITION 11 TRANSFER AMOUNT NO DEPARTMENT DEMOLITION 8,000.00 PROJECT NEEDED FOR OLD JAIL DEMOLITION 5145 OLD JAIL DEMOLITION I TRANSFER AMOUNT NO DEPARTMENT STUDY -OLD JAIL PROJECT NEEDED FOR OLD JAIL DEMOLITION 4,004.00 DEMOLITION 5145 OLD JAIL DEMOLITION I I TRANSFER AMOUNT NO DEPARTMENT TRANSFERS FROM PROJECT NEEDED FOR OLD JAIL GENERAL FUND 40,000.00 oae: unnoor • DEMOLITION • • • CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPENDITURE AMDMT 4/30/01 BUD129 - BUDGET AMENDMENTS HEARING 4130/01 Fund Code Fund Title Amendment No, Transaction Description Dept Title GL Title Total OLD JAIL DEMOLITION 5145 PROJECT 9200 JUVENILE PROBATION 12 FUND Total JUVENILE PROBATION 9200 FUND Report Total USE ACCUMULATED NO DEPARTMENT EQUIPMENT -COMPUTER INTEREST FOR EQUIPMENT PURCHASE Total BUD129 - BUDGET AMENDMENTS HEARING 4/30101 Increase Decrease 44,004.00 44,004.00 3,300.00 3,300.00 0.00 136,412.00 33,741.00 136,412.00 53,741.00 DW, 4n7R001 Prge:1 , /N� y , COURTHOUSE AIR QUALITY TESTING AND REMEDIATION Charles Crober with Building Maintenance reported on the courthouse air quality testing. Amando Medina with Health & Safety Management said they did an air quality survey at the Courthouse on April 6`s and found stachybotrys mold in the Sheriff's office — a crew is cleaning it up now. The mold is associated with health effects on humans. It can be caused by water leaks and flooding. Monitoring of other offices did not show this type of mold. He will get results of testing on the north side of the building to Mr. Crober. • Mr. Galliger answered questions posed by County employees, stating that the mold is airborne but needs to adhere to grow. It is caused by humidity though it can be carried in on clothes, etc. The mold does have an effect on allergies. The reading outside the courthouse is 207 and 150 inside and there are no standards available for an acceptable level; it changes with the seasons. He said the mold is contained inside the Sheriffs office and not in the nearby offices. Mr. Median stated that they have not tested "closed" room and as long as there is water coming in, there will be mold. Samples were taken and will be checked for hepatitis. Mr. Galliger said any sewer problems could cause other problems such as E Coli, etc. Prisoners being held for long periods of time are susceptible. The raw sewage trapped in the walls was discussed. Charlie Crober said the problem is not plumbing — it is plumbing problems caused on purpose. Commissioner Balajka asked if any action was taken to resolve this problem. Tim Smith of the Sheriff s Office stated that the shower design is a small part of the problem. Prisoner's rights cannot be taken away. He gave a report on the jail and prisoner situation. Judge Marshall thanked them for the reports and said she will give the employees the results of the test reports. No action was taken by the Court. . INSURANCE COMMITTEE —REPORT Mr. Richard Bothe and Mr. Raymond Perez, members of the Insurance Committee, gave reports concerning the county insurance. They stated that they tried to give information and not absolute recommendations to achieve an employee comprehensive medical insurance program and control increasing costs. Mr. Bothe reviewed the report and gave information on how other public entities handle their employee insurance. He listed the items to be considered and made recommendations. No action was taken by the Court. April 27, 2001 Arlene N. Marshall Calhoun County Judge 211 South Ann Street, Suite 217 Port Lavaca, Texas 77979 • Dear Honorable County Judge Arlene Marshall and Calhoun County Commissioners: On January 16, 2001 the Commissioner's Court appointed the following individuals to serve on an Insurance Study Committee for the purpose of reviewing the current health insurance program benefits offered to employees of the county: - 53 Mr. Richard Botha, Chair Mr. Ralph Cormier Ms. Anne Daniel Mr. Raymond Perez Ms. June Westerholm The charge to the committee was to undertake the study in an unbiased manner, make recommendations that would save taxpayers money and still meet the health insurance needs of the employees. More specifically, the court asked the following be considered: • Evaluate the current employee benefit package • Make recommendations for employee benefit changes • Make recommendations regarding the County entering into a self - funded plan, either full or partial • Make recommendations 'regarding the costs to the employee • Should coverage be extended to all elected officials such as Constables • Should part-time employees be covered such as librarians and secretaries In the process of complying with your request a quantity of data was collected and is included herewith for your reference. Some of the data reflects information regarding neighboring counties and their programs and some of the data is from the City of Port Lavaca and other area cities. It must be noted that programs will differ between cities and counties due to certain State legislated mandates that effect counties and not cities. As a broad response to what the committee has done, we believe it is paramount • that all parties, the Commissioners Court, the county employees and the public at large, understand that our conclusions are in the form of suggestions only as we have no binding decision making authority. Probably the most important element in this exercise is to remember that if there is a true commitment from all parties to make changes in this very expensive part of any employer's cost structure, then there will have to be a broader sharing of costs in order to avoid reductions in coverage. It is no secret that medical costs continue to rise and premium cost will have to increase. The Texas Association of Counties anticipates health insurance premiums to increase 20% to 30% next year. The biggest driver of these increases is the cost of prescription drugs. This does not mean that Calhoun County will experience an increase in that range, but it is a certainty that costs will be higher for the next fiscal year. In regards to the current benefit program, the data provided easily concludes that the current plan offers a very attractive benefit at a very low cost to the employee. The historical data also shows an ever-increasing cost to the county, however, that number is also impacted by the number of employees that are enrolled and how many have dependant coverage. The committee feels the Court should consider some or all of the following recommendations in order to maintain a fair and equitable program and at the same • time do what every employer is having to do in order to contain costs. 1. Prescription Drug Costs — as previously mentioned this area is the biggest contributor to increased costs for every plan. As such it is suggested that: A. The current co -pay amounts be increased from $5.00 to $10.00 for generic drugs, from $10.00 to $25.00 for brand name drugs and from $25.00 to $35.00 for non -formulary brand medicines. In the 1999/2000 year, prescription drug costs were $144,898; for the months of January to March of 2001, these costs were $48,878. If this trend continues that annualized cost would be $195,512. 54 B. All participants be educated and encouraged to use the mail -in option when possible and that awareness be raised regarding the cost associated with prescription drugs and their impact on costs. 2. Medical Coverage — adjustments that should be considered include: A. Currently, dependant coverage is the same, regardless of how many dependants an employee may have under the plan. This portion of the plan needs to be changed so that there is a more • distinct definition of coverage, such as, employee/spouse, employee/one child, employee/family or other such combinations so that perhaps more equity is achieved in the plan. However such change will only be cost effective, if the employee cost sharing is increased. At the present time the employee is paying only $28.00 regardless of family size. This component as now structured is very costly to the County. B. Increase the out-of-pocket expense which is currently $800 if the provider is within the network. Most plans today range from $1,200 to $2,000. Also, this increase only impacts those who access the more major categories of coverage such as hospitalization. C. Increase the office visit co -pay to $20 or $25. D. Renegotiate the commission rate paid to the local agent. E. If legal and permissible under State laws governing County employees, consider setting up different deductibles and co- insurance limits based upon salary level. While we found no county currently using this tool, the City of Brenham is using it • at the present time. 3. Self -Funded Plans — this approach has a certain number of advantages and disadvantages which are listed in more detail in attached Exhibit A. As a general comment we would like to offer the following: A. For the first year the decision to institute a self -funded plan will usually look good. B. A minimum of six months of claims and expenses must be reserved. C. Stop -loss coverage is increasingly difficult to obtain. D. A separate Board of Trustees must be set up to administer the program. E. If an employer has 300 or less employees, the risk is greater. F. Past claims experience of Calhoun County qualifies for a fully or partially self -funded plan per State legislated mandates. • 4. Extension of Coverage To All Elected Officials — The best we have been able to determine is that there is no universal coverage offered by counties to Constables. It is the opinion of the Texas Association of Counties that all elected officials are covered but Constables are not full time employees. It is perhaps best that this question be answered by securing a legal opinion as to the County's obligation, if any, to the Constables, as set out by the State Legislature. 55 5. Extension of Coverage To Part Time Employees — Normally no coverage is offered to part time employees and it is not suggested that such coverage be extended. However, the employee manual should be researched to • determine the definition of a part time employee and what benefits, if any, or offered and if perhaps the definition itself needs to be changed. 6. In regards to the current plan and the County's participation with the Texas Association of Counties, it appears that this arrangement has provided the county with a good alternative. Obviously there are other providers and the County can seek competitive bids if it so chooses. There are inherent dangers to doing so, not the least of which often times leads to a first year savings that is quickly eroded with subsequent substantial premium increases. Good long-term relationships can reap more benefits but as with any vendor, the process and pricing need to be continually challenged. 7. The dental insurance and life insurance coverages were not dealt with in detail but we suggest that these items be included in a comprehensive proposal solicited for the purposes of determining any appropriate changes. These coverages seem appropriate and do not appear to be major cost components of the overall expenses. In summary, it should be noted that the above items are suggestions that hold potential for some form of cost containment. The amount and extent to which any or all of these ideas are implemented is of course a decision that will have to be • made by the Court. It is understandable that these changes are going to have some negative impact and that these decisions are never popular. However, it is not reality today to believe that Calhoun County can continue to absorb the inevitable rising costs of medical insurance. It is challenging for everyone involved with the interest of the employees and the taxpayers both having to be considered. How, and to what degree changes are implemented can be done in a variety of ways and we would not suggest that dramatic cost increases to employees be implemented at one time. Instead a combination of changes in the plan and a companion increase of the amount the employee pays for dependant coverage phased in over a period of time would perhaps be more acceptable. We believe it is abundantly clear that it is time to make a change. It has been our pleasure to serve you in this endeavor and we trust the information contained herein will be of benefit to you. Respectfully submitted and on behalf of the Committee, I am, Sincer y ours, • !chard A. Both Jr. Committee Chair 56 • is • Exhibit "A" Self -Funding Advantages I. Reduction cost 2. Interest earnings 3. More control of cash flows 4. Ability to build Reserves 5. More control over plan design 6. Gain administrative control 7. Avoid unjustified rate increases Disadvantages 1. Savings are not guaranteed 2. Need established reserves to terminate 3. Program may be administered poorly 4. Potential employee problems due to loss of insurer as intermediary 5. Early large claim may hurt cash flow 6. All Claims liability could shift to employer Risk Associated with Self -Funding Ordinary Risk Catastrophic Risk 1. Higher than normal utilization 1. Sudden and unusual increase in and inflation in the cost of claims experience. claims. 2. Absorbed by the reinsurance if 2. Normally expected to be paid by purchased by entity. the fund. Fully Insured vs. Self -funding Fully Insured 1. No special fund is set up to pay claims 2. This creates unlimited liability. 3. No stop loss or reinsurance, Stop Loss P. 1 Self -Funded 1. Claims are paid out of a specifically established fund. 2. Liability is limited, either through maximum claim levels or through the purchase of Stop Loss Insurance. �. 57 Exhibit I M', • Individual Stop Loss Aggregate Ston Loss 1. Limits the liability at an agreed 1. Provide protection above an amount agreed upon yearly deductible 2. Provides protection against a amount for all covered employee large claim on any one individual and dependent claims combined. 3. This coverage can be anywhere 2. The Annual Aggregate from $10,000 all the way up to Deductible is determined by over $100,000 depending on the multiplying the monthly number plan size of group and premium of employees and dependent volume. units by a pre -established factor. 3. The sums of the monthly totals become the Annual Aggregate Attachment Point. (Deductible) 4. Most Policies cover claims paid in excess of the Aggregate deductible only after the end of the policy year, so the plan sponsor must be able to cover the claims cost before they will • reimburse by the Stop Loss Carrier. S. For an additional cost some carriers will provide a monthly aggregate or cap P. 2 • MIb i d L X W I i i Health Coverage Plan/Premlum Comparison Ca.Vn(y Numb •-(F I Plan NnnsM Covn J y co+rp,r Fm_ eleven PnrN ( cooed, ce+e7oremptoyw Cwfad Count' as ssooaWuctble _ncnnndan $20 oflko col'y $37e.24 $808.52 EmpbyaWap,,,, $109anerb=brand SWM Empby0UN9d(r,n) nam,435 non folmubry 51.12828 Empby„M n* CmntypaY+100%empbyea cost 0 for depandgm mst Jadrwn County 94 uoodWuabk $ISOMnmpay s3oe.72 $00.44 Empbye,hpo9„ $59an,MJSIS brand naoW S378.12 Empbya j bpd $30 non fanulary brand S41830 Errpbyas/2 chpdren s county pay, 100%empbm SM7.50 Envby,eTampy colt • •AVbY,a pays 50% depandarn cost 3e1u9w County 105 s400 ewaglpl, $20 ofMa co -pay $433.08 Enpbya"MM $109anerklSlB brand name $298.82 Erybye,/ohpd(ran) Counlypay, 100%empbyea S699.58 Empbyeartampy coat- 50%depandent cost Aransas Count' $250 daducOGs $20 oMoy co -pay 5340.97 $573.91 EmpoyWzpouaa 5109,mdo425 brand namal $498.76 Etlpbyealrhpdmn $25non(amuWybrand $712.49 E yfympy Employee only pays $10 Cahoon County 139 $200 deduWWs $318.58 $15ofimcolsy f858,08 Empbyeelspoum $59anadr/S10 brand name) _ S85B.08 Enpbyealchptlron $25 non formWrybrand $458.08 Employwy(ampy County pays t00%effooyae . mat • angloyee cost 528.00 krdependem mvera0a mnlnvra pn/ =Ia Fme/n�eegzoO.�.32 Threeemployes+ara on spouse eovanpe Jtno cost to 0, eoonfy E Emnlno�.rp, e• +f v Employee Cost," oennmrent ra„raoa $432.28 Employeelspouu $173.64 EmployealchUdran $760.02 Empbyeeamay $159.72 En7byee/spouae S69.40 EmpbyaeH Upd $109.48 Employe u7chbdran $280.39 Empbyee8ampy $218.54 Empbyeanspglsa $149.41 Employeehhildren $34.79 EmployeettaWy $242.94 En j V➢ Apause $165.79 Employewchpdren $381.52 Empbyeolamey $28.00 Empbyw pousa $28.00 Employwchbdmn $26.00 EnploywAamly to S 0) 10 Health Coverage Comparisons Part 1 ftnowe TIM NII WYM Mr c IANs 1by an'/YMaN C41ARMAy C*r. rota QdYT" L.Iyy. 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Mall Order Prescription Drug G tla0mxW Nflmon RF NOrlmeAla slt fls 6104mwAc &rd Nsns$40 lm Ra cplyhooft Sa ft SW1mQA1bv S20.'Non.W Pwaada oWan • City Of Port Lavaca Claims Premiums History H4tory $Of Emplayu+ 0W D"ndrnta Atlm4i. Cut IntlNJApp. - ToW YWlul Rn lut Tagl Dl+lmal Total A+MwI Stop Lou Pnmluma cla4w DN.r ax Ra C bin.e CON Blpi 97 11 ]0 YIB.O UJ1 .12 3 W SBMB.00 OS0.00 3BBOBBl.00 SINM11 6 2R.50 9 0. SS11 .b t360 J00 1 .W RD, 1315 sB1.00 J02B 0.101 8.00 620 .W S]s3tW. !ulIN 11 is 1 .00 J I T B S 300 1 IN •va. JJ s) I MARAS IIM0.110.78 W.OICTE fu,Md0 780JA9 I WI.IE&I JS '0W.00 3400,000.00 00,000.00 $1 i100,00.00 $0.00 aw+.p.JMw WRIZI � ! f PNCBJEmpw. City Of Port Lavaca Calms S P+omiums History Fq. Ns NMWI An Application and Amended Application was submitted to the Court by Shannon • Salyer, Attorney for Robert C. Cooper, Sr., Louis Jarmon and Lewis Reynolds, owners of the real properties located on the sides of the roadways and park sought to be closed and abandoned, being portions of Travis Park and Alamo Beach Boulevard and Skyview (East Texas Street) in the Alamo Beach Townsite in Precinct No. 1. Mr. Salyer stated that the Amended Application shows that only Mr. Reynoldslsurvey indicates a part of a park (Travis Park) to be abandoned. A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to abandon and vacate a portion of roads and park in Precinct #1 referred to as Alamo Boulevard and Skyview (East Texas) Street and Travis Park in the Alamo Beach Subdivision. In discussion, Mr. Salyer said that the public is not being denied access to the shoreline as there is no access now except Fannin Street and a drainage ditch. The Open Beaches Act is for the Gulf Beaches and not meant to apply to the bay system. The Navigation District or State owns all submerged land to the average high tide line. This is mostly all rip -rap. The application was published because of the park closing; it is a small part and mostly out in the water. Vote: Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in • favor. N APPLICATION TO CLOSE AND ABANDON ROADS AND PARKS AT ALAMO BEACH, CALOUN COUNTY, TEXAS TO THE HONORABLE COMMISSIONER'S COURT OF CALHOUN COUNTY: Robert C. Cooper Sr., Louis Jarman and Lewis Reynolds are the owners of the real properties located on the sides of the roadways and parks sought to be closed and abandoned, which roadway and parks are described as being part of Travis Park of Alamo Beach Townsite, being a 0.28 ace tract more or less and a part of Alamo Boulevard, being a 0.80 acre tract more or less as set out on the Plat of Alamo Beach found in Volume V, page 01 of the Deed Records of Calhoun County, Texas and as shown on the attached survey (Reynolds tract) and being a 0.09 acre tract more or less and a part of Alamo Beach Boulevard, as set out on the Plat of Alamo Beach found in Volume V, page 01 of the Deed Records of Calhoun County, Texas, as shown on the attached survey (Larmon 1 tract) and being a 0.36 acre tract more or less and a part of San Antonio Park of Alamo Beach and being a 0.44 acre tract more or less being a part of Alamo Boulevard, as set out on the Plat of Alamo Beach found in Volume V, page 01 of the Deed Records of Calhoun County, Texas and as shown in the attached survey (Cooper tract) and being a 0.IS acre tract more or less, being a part of Houston Park of Alamo Beach and a 0.24 acre tract more or less, being part of Alamo Boulevard as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas (iarmon 2 tract) and as set out in the attached survey. Robert C. Cooper Sr., Louis Jarmon and Lewis Reynolds are making application to the Calhoun County Commissioner's Court for the abandonment of these roads and park properties as described. A HEARING HAS BEEN SCHEDULED IN COMMISSIONERS COURT FOR: The 304L day of j 2001, at ( goo o'clock 4 in. in the Commissioners Court oom, Calhoun County Courthouse, 211 S. Ann, Port Lavaca, Texas. At the hearing the Commissioners Court will determine whether the parks and roads should be closed and abandoned. All interested persons desiring to protest the closing and abandonment is DIRECTED TO APPEAR AT THE TIME AND PLACE OF THE HEARING. Notice of this Application to close and abandon roads and parks at Alamo Beach, Calhoun County, Texas, has been published in the newspaper of general circulation in Calhoun County, Texas, once a week for 3 weeks prior to the scheduled hearing and has been posted for at least 21 days before the hearing at the following locations: 1. Courthouse Door in Calhoun County, Texas; 2. On the land sought to be abandoned at Alamo Beach; 3. On the door of the Circle H conveyance store near property. This application is singed by eight (8) property owners in Precinct One (1) of Calhoun County, Texas. This application is govemed by 251.051 of the Texas Transportation Code and its following provisions and 317.001 of the Texas Local Government Code and its following provisions. Respe dl submitted, on E. Salyer Attorney at Law P.O. Box 1001 Port Lavaca, Texas 77979 361-552-6693 Attorney for Applicants • • 62 AMENDED APPLICATION TO CLOSE AND ABANDON ROADS AND PARKS AT ALAMO BEACH, CALOUN COUNTY, TEXAS TO THE HONORABLE COMM[SSIONER'S COURT OF QALHOUN COUNTY Robert C. Cooper Sr., Louis Jarmon and Lewis Reynolds are the owners of the real properties located on the sides of the roadways and parks sought to be closed and • abandoned, which roadway and parks are described as being part of the Alamo Beach Townsite, being a 0.28 ace tract more or less and a part of Travis Park and being a 0.80 acre tract of Alamo Beach Boulevard, more or less, as shown on the attached survey (Reynolds tract) and being a 0.09 acre tract more or less and a part of Alamo Beach Boulevard, as shown on the attached survey (Jarmon tract) and being a 0.44 acre tract more or less being a part of Alamo Boulevard, as shown in the attached survey (Cooper tract), as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas. Robert C. Cooper Sr., Louis Jarmon and Lewis Reynolds are making application to the Calhoun County Commissioner's Court for the abandonment of these roads and park properties as described. A HEARING HAS BEEN SCHEDULED IN COMMISSIONERS COURT FOR: The 30th day of April, 2001, at 10:00 o'clock a.m. in the Commissioners Court Room, Calhoun County Courthouse, 211 S. Ann, Port Lavaca, Texas. At the hearing the Commissioners Court will determine whether the parks and roads should be closed and abandoned. All interested persons desiring to protest the closing and abandonment is DIRECTED TO APPEAR AT THE TIME AND PLACE OF THE HEARING. Notice of this Application to close and abandon roads and parks at Alamo Beach, Calhoun County, Texas, has been published in the newspaper of general circulation in • Calhoun County, Texas, once a week for 3 weeks prior to the scheduled hearing and has been posted for at least 21 days before the hearing at the following locations: 1. Courthouse Door in Calhoun County, Texas; 2. On the land sought to be abandoned at Alamo Beach; 3. On the door of the Circle H conveyance store near property. This application is singed by eight (8) property owners in Precinct One (1) of Calhoun County, Texas. This application is governed by 251.051 of the Texas Transportation Code and its following provisions and 317.001 of the Texas Local Government Code and its following provisions^ n , 5. &e2 6. r P I $. Respect Ify submittd, Shannon E. Salyer Attorney at Law P.O. Box 1001 Port Lavaca, Texas 7791,9 361-552-6693 Attorney for Applicants 63 Louis Jarmon I 0.09 Acre STATE OF TEXAS COUNTY OFCALHOUN Part of Alamo Boulevard, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. DESCRIPTION of a 0.09 acre tract, more or less, being part of Alamo Boulevard, Alamo Beach Townsite as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas and is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the Southwest comer of this 0.09 acre being described and being the Southeast comer of Lot 8, Block 24, Alamo Beach Townsite. Said found 5/8 inch iron rod also being the point of intersection of the Northwest line of East Crocket with the Southwest line of Alamo Boulevard of the aforesaid Alamo Beach Townsite; THENCE, N 10° 47' 00" W (Base Bearing), a distance of 75.00 feet to a 5/8 inch iron rod found for comer and being the Northeast comer of Lot 8, Block 24, Alamo Beach Townsite; THENCE, N 79° IT 00" E, passing at 27.7 feet a "M' nail set on line for reference in an existing wood bulkhead Rod for a TOTAL DISTANCE of 45.51 feet to a point for comer at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, S 18e 00' 59" E, in a Southerly direction with the said existing shoreline of Lavaca Bay a distance of 75.60 feet to a point for comer; THENCE, S 79e 13' 00" W, passing at 16.83 feet a "PK" nail set on line in an existing wood bulkhead and fora TOTAL DISTANCE of 55.03 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.09 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in November 2000, and is true and correct to the best of my knowledge and belief. DAVID W.GANN ,33 DAVID W. GANN <''opo 38i6�r:;'J REGISTERED PROFESSIONAL LAND SURVEYOR NOTE: I) Bearings are based on the recorded Subdivision Plat of Alama Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Comers are as shown on the accompanying Survey Drawing. Job No. 1295-005 • MW LAVACA BAY ig( qMo \E ec"u%.e • W s1 7400, $• S�so59'J ppr 4 ma PC�O � 9 m T n S nr p gV7S B !i'D 47 0. h qRk E+iai�q Sna 0se Be00'W P.O. . 3 Co. 74 8 U(FvgRO 8 ) 1401, 74 8 1saEy. U S 7 873 9 B 3010• 7? 70 8 8 rp '«Fr 14 1 1 ' 1 �e 'aa3 8 o• � 77 Sol, (0C 'io.yt. � ? 'mow• 40 R' 8 (N00 8 7 Sal. 75 R7q 73 70 US�o Sol. NARCISCO CABAZOS S RVEY, A-3 7? ALAMO BEACH TOWNSITE gi,6,lvu • VOL_ V. PG. 01 qVF/V 1/0 • Denotes Set "PN" Nail /n =' PLATd 0 Denotes Fnd. 518" I.R.Existing Wood Bulkhead ( ) Denotes Retorted Plat No 1. DAVID W. CANN. A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN NOVEMBER 2000, AND THAT CORNERS ARE AS SHOWN HEREON. PSG SlEFk� DAVID W.'GANN DAVID W. CANN 'A 3816 REGISTERED PROFESSIONAL LAND SURVEYOR .o ,�: NO, 3816 NOTE, 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON ARMON • LORE JLESS. G & �V ENGINEERS INC. BClNG 0.09. YDRa OR LESS. A-3.SITUATEDALA IN THE BEACH 1 NAld"./SC0 CABA20S SURVEY. A-S. ALAYD BEACH 205 W. UVEOAK 1-361-552-4509 PORT LAVACA, TEXAS TOWNSITE. CALHOUN COUNTY. TEXAS. Lewis Reynolds 0.28 Acre and 0.90 Acre STATEOFTEXAS Part of Travis Park, Alamo Boulevard and Skyview (East Texas), Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. COUNTYOFCALHOUN § DESCRIPTION of a 0.28 acre tract, more or less, being pan of Travis Park of Alamo Beach • Towrsite and a 0.90 acre tract, more or less, being pan of Alamo Boulevard and Skyview ( East Texas) as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas. These two tracts being more fully described as follows: Tract One: 0.28 Acre BEGINNING at a 5/9 inch iron rod with a red plastic cap set for the Northwest corner of this 0.28 acre being described and being the point of intersection of the Southeast line of East Crocket with the Northeast line of Alamo Boulevard of the aforesaid Alamo Beach Townsite. Said set 518 inch iron rod bears N 79° 13' 00" E, 70.00 feet from a 5/8 inch iron red found marking the Northeast comer of Lot 4, Block 40, Alamo Beach Townsite; THENCE, N 79e 13' 00" E, a distance of 32.20 feet to a point for comer at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 10- 24' 15" W, 57.74 feet, S 04° 1 V 26" W, 38.83 feet, S 13° 20' 23" E, 55,72 feet, S 22" 59' 41" E, 81.40 feet, S 40° 57' 42" E, 93.70 feet, AND S 03° 18' 19" W, 155.76 feet to a point for comer; THENCE, S 79° 13' 00" W. a distance of 25.16 fat to a 5/8 inch iron rod with a red plastic cap set for comer at the point of intersection of the Northwest line of Skyview (Eau Texas) with the Northeeit line of Alamo Boulevard: THENCE, N 10" 47'00" W, with the said Northeast line of Alamo Boulevard, same being the Southwest line ofTravls Park, for a distance of450.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.28 acre, more or less, situated in and a pan of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. Tract Two: 0.80 Acre BEGINNING at a 518 inch iron rod found marking the Northeast comer of Lot 4, Block 40 of the Alamo Beach Townsite. Said found 519 inch iron rod being in the Southwest line of Alamo Boulevard and being the Northwest comer of this tract being described; THENCE. N 79" I T 00" E, a distance of 70.00 feet to a 5/8 inch iron rod with a red plastic rap set for comer at the point of intersection with the Northeast line of Alamo Boulevard - THENCE, S ID.. 47' 00" E, with the said Northeast line of Alamo Boulevard, same being the Southwest line of Travis Park, Alamo Beach Townsite, a distance of 450.00 feet to a 5/8 inch iron rod with a red plastic cap set for an interior comer of this tract at the point of intersection with the Northwest line of Skyview (East fczas); THENCE, N 790 13' 00" E, a distance of 25.16 feet to a point for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, S 16° 5 V 44" E, with the said shoreline of Lavaca Bay for a distance of 35.20 feet to a point for comer at the point of intersection with the Center line of Skyview (East Texas); THENCE, S 79° 13' 00" W, with the said Center line of Skyview (East Texas), passing at 28.89 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 98.89 feet to a 5/8 inch iron rod with a red plastic cap set for corner; THENCE, N I Oo 47' 00" E (Base Bearing), passing at 35.00 feel a 518 inch iron rod found on line marking the Southeast comer of Lot 9, Block 40 and for a TOTAL DISTANCE of 485.00 fees with the Southwest line of Alamo Boulevard, to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.80 acre, more or less, situated in and a pan of the Narcisco Cabazos • Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in November 2000, and is true and correct to the best of my knowledge and belief. SPtf Of re 9.•'Gts ip'.5,f DAVIDW.GANO •DA91Dw�GANN' Ai6t6 REGISTERED PROFESSIONAL LAND SURVEYOR NO. f9,Y �Essio y0P 3816 O SUFVE rs NOTE: 1) Badags are based on the receded Subdivision Plat of Alamo Bach in Volume V, Page 01 afthe Calhoun County Deed Records. 2)C.... n shown on the accompanying Survey Drawing. 66 &oJ,V o o� .1 2 SOjejs.T?s!L 0 ooQP.O. B. „a ,�o TRI SI Y 8 P.O.B. > Po, 'Vp, TR2 ; 4j� W r`� a o S C 6 h �. R 3 9 �• '4ro (OOk 10 so Po, 8 8 'scoo. 7$ 8 1 p')a t )3 44"E (.isIA4 AorMns S,qN PqR� pNtl 6p 8 L4f �gROi 9 8 'sue. so00. 0 Lo 6 �Q yr 3 0 a ) (NpOS�00 sear 2 NARCISCO CABAZOS SURVEY,! A-3 ?� a ALAMO BEACH TOWNSITE VOL. V, pG. 01 ghfN�f • Denotes Set 51a" l.R �' .PLAT O Denotes Fnd. 518" I.R With Plastic Cap ( ) Denotes Recorded Plat Name 1. DAVID W. GANN. A REGISTERED PROFESSIONAL LAND SURVEYOR DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION 1N NOVEMBER 2000, AND THAT CORNERS ARE AS SHOWN HEREON. LAVACA BAY S13'2D'23"E rR4 �, ss. i2. pA' yk S12'S9'41•E 81.40' S40'57'41 04j Op E, Nlp 4i �83o ap SO Jia W ACRES' 450 (@oS. 0 0 00, 450 @owo9) o ACRF Op• 1Pjf OFTF�, ZZL p fl F�. # T�1 DAVID W. GANN DAVID W'GANN�� REGISTERED PROFESSIONAL LAND SURVEYOR 'l NO. Sale NOTE. 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING, 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. LEWIS REYNOLDS G & W ENGINEERS, INC. N1THd NARC7SC0 CABAZOSACRE. SURVEY . -3. S W. LNEOAK 1-361-552-4509 PORT LAVACA. TEXAS TOWNSITE, CALHOUN COUNTY. TEXAS. 67 Rolm C. Cooper Pan of San Antonio Park, 0.36 Acre and 0.44 Acre Alamo Boulevard and Skyview (East Texas), Alamo Bead) Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. STATE OF TEXAS § COUNTY OF CALHOUN § • DESCRIPTION of a 0.36 acre "cf. more 0r less, being pan of San Antonio Park of Alamo Beach Townsite and a 0.44 acre tract, more or less, being pan of Alamo Boulevard and Skyview ( East Texas) as per Plat of Record in Volume V, Page 01. Deed Records of Calhoun County, Texas. These two tracts being more fully described as follows: Tract One: 0.36 Acre BEGINNING at a 5/8 inch iron rod with a red plastic cap set for the Southwest comer of (his 0.36 acre being described and being in the Northeast line of Alamo Boulevard of the aforesaid Alamo Beach Townsite. Said set 518 inch iron rod bears N 79' 13' 00" E. 70.00 feet from a 518 inch iron rod found marking the Southeast comer of Lot 6, Block 41 of the aforementioned Alamo Beach Townsite; THENCE, N 10' 4700" W. with the said Nonheas( line of Alamo Boulevard, same being the Southwest line of San Antonio Park, for a distance of 225.00 feet to if 5/8 inch iron rod with a red plastic cap set for the Northwest comer of this tract at the poin(of intersection with the Southeast line of Skyview (East Texas); THENCE, N 79c IT 00" E, a distance of 32.62 feet to a Familiar comer at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 22e 02' 31" E, 101,83 feet, S 65e 35' 00" E. 40.79 feet, S 35e 21' 32" E, 53,70 feet, AND S 19' 34' 44" W, 61.17 feet to a point for comer; THENCE, S 79- 13- 00" W, passing at'_7 25 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 77.25 feet to the PLACEOF BEGINNING; CONTAINING within these metes and bounds 0.36 acm, more or less, situated in and a pan of the Namisco Cabazos Survey, A-3, Calhoun County, Tcxas. • Tract 1'wa: I) 44 Acre BEGINNING at a 519 inch iron rod found marking the Southeast comer of Lot 6, Block 41 of the Alamo Beach Tawusue Said found 518 inch iron rod being in the Southwest line of Alamo Boulevard and being the Southwest comer of this tract being described; THENCE, N 10" 47 00" W (Base Bearing), with the said Southwest line of Alamo Boulward, same being the Northeast fine of Block 41. Alamo Brach Towoaim, a distance of 260.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer at the point of intersection with the Center line of Skyview (East Texas); THENCE, N 79' 13, 00' E, passing at a distance of 70,00 feet a 5/8 inch iron rod with an orange plastic up Sat on line for reference and for a TOTAL DISTANCE of 98.89 feet to a point for comer at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, S I6o 51' 44" E, with the said shoreline of Lavaca Bay for a distance of 35.20 feet to a point for comer at the point of intersection with the Southeast line of Skyview (Fmt Texas); , THENCE, S 79e 13' 00" W, with the said Southeast line of Skyview (East Texas), a distance of 32.62 feet to a 5/8 inch iron rod with a red plastic cap set for an interior comer of this tract at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, S It)* 47 Oy E, a distance of 225.00 feet with the Northeast line of Alamo Boulevard, to a 518 inch iron rod with a red plastic cap set for comer; THENCE, S 794 IT 00" W. a distance of 70.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0,44 acre, more or less, situated in and a part offti< Narcisco Cabazos Survey, A-3, Calhoun County, Texas. • The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in November 2000. and is true and correct to the best of my knowledge and belief. F� `AVID W. GAN REGISTERED PROFESSIONAL ROFESSIONALLAND SURVEYOR (el-V16 NO. 3816 NOTE: I) Bearing am broad w dx reeor@d SuWivuion Plat of Alamo Roach in volume V, Paee 01 of the Calhoun County Deed Records. zl Comm are as shown on Lae amornpary,n, Survey Din—,. V� • • 1� u LAVACA BAY (.41he 51wNN� � PgR�S � r (q(gMo 657''�y S1E51' Z "0 535'21'32'E 35.209.E 53.70' SJA. >J.qJ. ,W 101.eJ' $A• 3 S22'02 J1'E �J� i. r ro $ • S1p. 0, ss no1 O1 8r 4700£ qcp 8 'AarJ2 'v H • �y�'4 04o90•,y 2225.0p, £ N ry 9 8 aa• 1p9jop. 8 >s.ry. W (Boa• B•O`I^s1 TR B.�o ^$ PARk0NIp '0M 250. e(OCk 40 'JW ar K 4 >J�• BOU<eVARO� k�. Rom' k $ TR2 8 IO 77 10 • oer«Fr 3 8 Faro 8 ,� 6 10 A 2 hoc 8 27g '�0ro 47 JJro• 7 (Mouse ON 40ao. 8 8 12 NARCISCO CABAZOS SURVEY, A-3 S / ALAMO BEACH TO NSITE 3 V OL. V, PG. O1 gVEN q VeNUE) q • Denotes Set 5/8" I.R. PLA T a (D Denotes Fnd. 5/8" I.R. With Ptastic Cap ( ) Denotes Recorded Rat Name 1. DAVID W. CANN. A REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN NOVEMBER 2000, AND THAT CORNERS ARE AS SHOWN HEREON. DAVID W. CANN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 NOTE. 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING, 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. ROBERT C. COOPER G & W ENGINEERS, INC. BEING D.I. ACRE a 0.36 ACRE. MOM OR LESS. SITUATED 1N THE NARCISCO CABAZOS SURVEY, A-3. ALAMO BEACH 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS I TOWNSITE, CALHOUN COUNTY, TEXAS. 69 PUBLIC NOTICE Please take notice that under Section 317.002 of the Texas Local Government Code this notice is given to advise the public that Robert C. Cooper Sr., Louis Jarmon and Lewis Reynolds have filed an Application to Close and Abandone Roads and Parks at Alamo Beach, Calhoun County, Texas with the Calhoun County Commissioner's Court and that the Application is set for hearing before the Commissioner's Court on the 3o4k day of Av, 2001, at 10:00 o'clock a.m, in the Commissioner's Courtroom, second fl or, Calhoun County Courthouse, 211 S. Ann, Port Lavaca, Texas, as set out on the published agenda of the meeting. Applicants are the owners of certain lots that border the shoreline of Lavaca Bay and are seeking the abandonment of certain land between their property and the bay. Erosion has taken much of the property sought to be abandoned and the Applicants desire ownership of the property in order to enhance the value of their property and to take remedial measures to stop the erosion. The property involved is described as: Part of Alamo Boulevard next to Lot 8, in Block 24, Alamo Beach subdivision, as per Plat of record in Volume V, Page 1, Deed Records of Calhoun County, Texas. • Part of Travis Park and Alamo Boulevard next to Lots 4 thru 9, in Block 40, Alamo Beach subdivision as per Plat of record in Volume V, page 1, Deed Records of Calhoun County, Texas. Part of San Antonio Park and Alamo Boulevard next to Lots 4, 5 & 6, in Block 41 of Alamo Beach subdivision as per Plat of record in Volume V, page 1, Deed Records of Calhoun County, Texas. Part of Houston Park and Alamo Boulevard next to Lots 4 & 5, in Block 59 of Alamo Beach subdivision as per Plat of record in Volume V, page 1, Deed Records of Calhoun County, Texas. The hearing before the Calhoun County Commissioner's Court will determine whether the parks and roads sought by the application should be closed or abandoned. All interested persons desiring to protest this closing or abandonment are to appear at the time and place of the hearing 11 s rwe£r I� I 3 SrR£Er ,l J ;l J £Asr TANNIN 1 — ••III ® Ilu £Asr LEE ©'III -- AVENUE ' 'I I I IL5URD'IVISION h s M r, F.id I 1 11,E _ �5 114 LAVRA 13" Oil 5 V-ej; e, CJxI`S l Zvi j . kored;vle, ol 151 I 6n _— kH I 111•: -- ;\� i i i / \' Sl t�P �P AS 71 ABANDON AND VACATE A PORTION OF MAPLE STREET IN THE BAYSIDE This agenda item is passed until further information is shown on the application of Mrs. Chastain to abandon a portion of Maple Street in the Bayside Beach Subdivision. . CONTRACT FOR ENGINEERING SERVICES WITH TESTENGEER, INC. FOR THE MATAGORDA ISLAND LIGHTHOUSE RESTORATION PROJECT Judge Marshall said that she had talked to Testengeer about the termination condition being changed form 7 days to 30 days. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to enter into a contract for engineering services for Matagorda Island Lighthouse restoration project with Testengeer, Inc. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Commissioner Finster left the Court for a previously scheduled engagement. PROFESSIONAL SERVICES AGREEMENT The County of Calhoun, as CLIENT ergages Testengeer, Inc. as ENGINEER, to perform professional servicas as outlined herein for the following project: Calhoun County MATAGORDA LIGHTHOUSE RESTORATION I. SERVICES: ENGINEER agrees to perform services in conformance with the agreed scope of work as stipulated in Exhibit "A". it. COMPENSATION: ENGINEERS compensation will consist of a lump sum charge for professional services including expenses in the amount of Sevenrv-seven Thousand Five Hundred Dollars ($77.500) for the agreed Scope of Work. Fifty percent of engineer's fee on each invoice will be donated to the client up to a total of $35,000. III. PAYMENTS: ENGINEER will invoice CLIENT monthly for all current amounts earned under this Agreement. 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, field notes and dam are and shall be the property of ENGINEER. ENGINEER shall provide CLIENT a set of reproducible record copies of drawings and other documents, but CLIENT agrees that he will use such copies solely in connection with the project covered by this Agreement for internal data -use compilations and for no other purpose. In the event of termination of this Agreement, CLIENT shall have the right to use all documents prepared pursuant to this Agreement for the purpose of completing the project or any part thereof. INSURANCE: ENGINEER agrees to maintain workmeds 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 etaims against ENGINEER for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this Agreement naming CLIENT as an additional insured with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate. VI. TERMINATIONS: A: CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of ENGINEERS services either by CLIENT or by ENGINEER upon seven days written notice to the address of record. Termination shall release each parry from all obligations of this Agreement. except a, specified in paragraph VI. B below. B: COMPENSATION PAYABLE ON TERMINATION: On termination, by either CLIENT or ENGINEER CLIENT shall pay ENGINEER for all Professional Services performed to date of termination. Payment for Basic Services which are based upon a lump sum price shall be calculated on the percentage complete at the termination date. Such percentage must be mutually acceptable to CLIENT and ENGINEER Payment for Additional Services shall be calculated on the amount of billable hours and expenses incurred to the termination date. ENGINEER shall remain responsible and liable to County for all services rendered by ENGINEER prior to termination. In the event of termination engineer's donated services agreement will not apply. VII. 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 • • • TESTENGEER. INC. _ _ __ PSA I oft ENGINEERING AND TECHNICAL SERVICES 72 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. VIII. SPECIAL PROVISIONS: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: is A. Exhibit "A", "Scope of Work," is an integral part of this Agreement. B. Exhibit "B", "Schedule of Values," is an integral part of this Agreement. C. Exhibit "C", "Schedule of Rates," is an integral part of this Agreement. D. All additional engineering services requested by CLIENT that change the "Scope of Work', Exhibit "A," shall be submitted in writing to CLIENT by ENGINEER. The Scope change shall include an estimate of the change in cost to CLIENT and, if requested by CLIENT, estimate of the change in the project cost. Scope changes will not be come effective until both parties have signed the change order. E. ENGINEER shall be compensated by CLIENT for change in scope based on a mutually agreed lump sum price or compensation for services requested will be as specified in Exhibit "C", "Schedule of Rates." IX. MODIFICATIONS: No one other than an officer of Testengeer, Inc., has authority to make variations in, or additions to the terms of this Agreement on behalf of ENGINEER. Additions to or variations in the terms of this Agreement are valid only when in writing signed by an officer of Testengeer, Inc. and an authorized representative of the CLIENT X. ADDRESS OF NOTICES: All notices under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to ENGINEER at the following address: Testengeer, Inc. 3777 Highway 35 South P.O. Box557 • Port Lavaca,Texas 77979 All notices under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the Calhoun County Judge at the following address: Arlene Marshall Calhoun County Judge 211 S. Ann Port Lavaca, Texas 77979 By: By. Byron Cumberland, P.E. Arlene Marshall President, Testengeer, Inc. Calhoun County Judge Date: Date: • TESTENGEER. INC. PSA 2 of 2 ENGINEERING AND TECHNICAL SERVICES 73 • Exhibit "A" Matagorda Lighthouse Restoration Project 0913-19-017 Scope of Work Stabilization of the Lighthouse Foundation - In order to assure that the lighthouse foundation can withstand winds expected on the island, investigation of the foundation will be made. A thorough search of records will be made to determine the type and size of the foundation. If this can be done with confidence from historical records, the structure will be evaluated for windstorm loading using current windstorm calculations. If additional structural support is necessary it will be included in the design. If historical records do not clearly indicate the type and size of the foundation, excavation on one side of the lighthouse will be made to determine the size and condition of the foundation. This will be analyzed for windloading and any appropriate design will be included. As a minimum, the top four inches of the concrete base will be removed and replaced • with new concrete. 2. Painting of the Lighthouse - An investigation of the paint on the inside and outside of the structure will be made to determine the presence of lead based paint as indicated in records. If lead based paint is found it will be completely removed to base metal and recoated with modern paint. The color and finish of the paint inside and out will be historically accurate. A project decision must be made as to whether the paint will be red, white and black horizontal stripes for the 1852 paint at the original site or solid black for the 1872 color at the existing site. Structural Repair at the Lighthouse - The bolts between panels in the lighthouse will be evaluated and determined if they should be replaced completely, partially or not at all. If the bolts are replaced they will be modern materials and sizes. Any of the bolts removed will be saved for display of the various types of bolts and nuts used on the original construction and subsequent repairs. Any lead -based paint will be removed from these bolts. In addition, the base bolts on the lighthouse bottom flange will be repainted or replaced, depending on their condition. Any structural supports on the interior of the lighthouse will be repaired or replaced after lead based paint is removed. The interior of the lighthouse will not be accessible to the • public after refurbishment. 4. Repairs to Windows and Doors - Window frames and doors will be removed, refurbished and replaced. Any missing frames will be replaced with replicas of the original frames. New glass will be installed when necessary. 74 Matagorda Lighthouse Restoration Project0913-19-017 5. Hand Rail - The existing chain link fence will be removed and replaced with a hand rail that is as historically accurate as can be produced economically. The hand -rail will be anchored to the lighthouse floor at the operating level. Since it is anticipated that the • handrail will not meet OSHA standards for maintenance on the exterior windows of the lighthouse, several attachment points will be installed for connection of safety harnesses by maintenance personnel. 6. Beacon -The existing beacon will be permanently installed on the existing base when refurbishment is complete. All unused conduits and wire will be removed. A permanent installation for solar panels and batteries will be made. 7. Walkways - Visitor walkways will be provided from the road and to all features at the lighthouse. Walkways will be constructed similar to the attached sketch. Walkways will continue to the existing wood marsh walkway, the restrooms and the lighthouse cemetery. S. Restroom Facilities - Self -composting prefabricated restroom facilities will be provided for men and women separately. Facilities will meet ADA requirements. 9. Water well - A shallow submersible water pump will be installed to provide non -potable water for the restroom facilities. The pump will be solar powered. 10. Fence — A fence will be installed around the lighthouse and immediate surroundings. The fence will be historically accurate and will be functional to keep wild animals from the interior spaces. Self -closing gates will be installed for visitors. • 11. Cemetery — A new fence will be installed around the cemetery and existing gravesites will be permanently marked. 12. Interpretive Panels — Permanent interpretive panels will be installed to describe the history of the lighthouse and facilities. Approximately 12 panels will be installed. 13. Benches — Wooden benches will be provided for visitor comfort. Trash receptacles will be provided. 14. Landscaping — Indigenous plants, trees and shrubs will be planted inside the fenced area to enhance the site. 15. Civil War Trenches — A wooden walkway and trails will be constructed to guide visitors to the existing Civil War. trenches. 16. Visitor Center — A covered visitor center will be constructed near the lighthouse. 17. Reception Center — A reception area will be constructed at the docks with information about the lighthouse and the island. Note: The above items will be included in the project scope as funding allows. The order of priority is as the items are listed. • -2- _ 75 EXHIBIT °B" SCHEDULE OF VALUES Calhoun County shall reimburse Testengeer, Inc. for Basic Services, as defined in Exhibit "A", per the following Schedule of Values: 1. Study and Report Phase 2. Preliminary Design Phase 3. Construction Documents Phase 4. Bid Phase 5. Construction Phase TOTAL TESTENGEER. INC. ENGINEERING AND TECHNICAL, SERVICES 15% 25% 40% 5% 15% 100% • • • we "Exhibit C" Calhoun County Matagorda Lighthouse Restoration SCHEDULE OF RATES TOTAL • Professional Engineer $75.00/hr Senior Project Specialist $60.00/hr Lead Designer $50.00/hr CAD Drafter $45.00/hr Clerical $30.00/hr Additional reproduction services: in-house 8-1/2 x 11 $ 0.25/ea 11x17 $ 0.50/ea 24" x 36" Xerox copies $ 2.00/ea Third party charges for professional services, such as testing lab and consultant services, are invoiced at ENGINEER'S cost plus 5%. Third party services must be approved in advance by CLIENT. Expenses such as in-house reproduction services (other than additional copies of bid/contract documents authorized by CLIENT beyond 10 sets), overnight postage, long distance telephone calls, travel to and from the project site are built into the hourly fees and are not invoiced separately by ENGINEER. EXECUTIVE SESSION— CONSULTATION WITH ATTORNEY The Court being in open session, the County Judge as presiding officer, publicly announced that Commissioners' Court would go into an executive session as authorized • by Chapter 551, sub -chapter D of Vernon's Texas Codes Annotated, Government Code. The specific section of the Government Code permitting discussion/deliberation in Closed meeting is Section 551.071 which authorized closed meetings for consultation between the governing body and its attorney when the governing body seeks the attorney's advise with respect to pending or contemplated litigation, settlement offers and matters where the duty of the governing body's counsel to his client pursuant to the Code of Professional Responsibility of the State Bar of Texas Clearly conflicts with the act. (Discussion will include matters related to the Construction Contract Default by Ken s construction on work at Memorial Medical Plaza.) The Judge publicly announced that before any final action, decision or vote is made regarding the subject matter of the executive session, this meeting will be reopened to the public. The Court went into executive session at 10:53 A.M. The Court reopened the meeting to the public at 11:20 A.M. NEGOTIATE CONTRACT TO COMPLETE WORK ON MEMORIAL MEDICAL PLAZA PARKING LOT WrM SYLVA CONSTRUCTION COMPANY A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to • negotiate with Sylva Construction Company for a contract to complete the work on Memorial Medical Plaza parking lot. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to authorize Commissioner Floyd to work with counsel to negotiate a settlement with CNN Insurance for completion of work started by Ken's Construction on Memorial Medical Plaza Mall. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. 77 MEMORIAL. MEDICAL CENTER — MONTHLY FINANCIAL REPORT Mr. Buzz Currier, Administrator, presented the 90-day Financial Report of Memorial • Medical Center. He added that his job is to improve finances, employee relations and morale. Cash was impacted over last year by outpatient factor and cash loss of last year influences figures by loss on continuity. The relationship with physicians improved as has staff morale. The salary was raised of some employees to retain them. An anesthetist was hired with a 5-year contract, as was 1 part-time anesthesiologist. They have a contract with Charles Landry for long term planning and community needs assessment for critical issues survey. Meeting for long range plan is scheduled for June 29 b and 3&. Judge Marshall stated that indigent healthcare transfer to out -of -county doctors has to be approved. OPPOSITION TO SHALLOW WATER DISPERSANT DEMONSTRATION PROJECT IN WEST MATGORDA BAY A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to send a letter to the Texas General Land Office in opposition to shallow water dispersant demonstration project in West Matagorda Bay. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. May 3, 2001 The Honorable David Dewhurst Commissioner Texas General Land Office Stephen F. Austin Building 1700 North Congress Avenue Austin, Texas 78701-1495 Dear Commissioner Dewhurst: For years, Calhoun County Commissioners' Court has enjoyed a very good relationship with Texas General Land Office, and with TGLO local representatives. We most frequently meet with Neill Irvin, who has proved to be informative and helpful in any given situation, and willing to assist in any way possible with our Local Emergency Planning Committee and with Calhoun County Emergency Management. All members of Commissioners' Court have attended public hearings concerning the West Matagorda Bay shallow water dispersant demonstration project. When asked by Calhoun County residents to consider this project in Court, we did so. Mindful of the health, safety and welfare of our residents, it was unanimously decided that I should voice our strong opposition to the West Matagorda Bay shallow water dispersant demonstration. We are encouraged to learn that this project may be abandoned until a spill of • opportuniry occurs. We certainly hope this is the case and should that happen, you meet with much success on your planned dispersant technique. Sincerely yours, Arlene N. Marshall ANM/nn cc: Senator Kenneth Armbrister Represenative Gene Seaman Calhoun County Commissioners 211 South Ann Street, Suite 217, Port Lavaca, TX 77979 Phone 361-553-4600 Fax 361-5534603 e-mafi:calhoun43tisdmet www.tisd.neV-ca1horm CALHOUN COUNTY PUBLIC LIBRARY SYSTEM — DONATIONS A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the designated donations to the Calhoun County Public Library System. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. Calhoun County Public Library System �h (361) 552-7323 ° 200 W. Mahan Port Lavaca, Texas 77979 The following materials have been donated to the Calhoun County Public Library System during the months of January, February & March 2001. • Books Donor 19 books Larry Holsey 476 books Unknown 7 books Office of Public Insurance Counsel I book Marcus Heaster 4 book Lanyine Sajous 137 books Sandra Barton I book Tom Flores I book William Ray I book Mrs. Tsatchula 2 books Ada Grace Harrison 33 books Nettie Witherspoon I book Dr. Mac Lee I book Texas Education Agency 9 books South Texas Library System I book AIM Management Group, Inc. 12 books Nettie Stilwell 61 books Noemi Cruz 65 books Alamo Heights Baptist Church 58 books Donald Ragin 1 book Doris Wyman 5 books Donna Edwards 1 book Angela Novak 5 books Lucille Partlow 2 books Mary Lee I book Eloise Bums 6 books George Smith 2 books Frances Wiseman 3 books KERA Paperbacks 15 paperbacks Mrs. Tsatchula 2 paperbacks Ada Grace Harrison 540 paperback Unknown 61 paperbacks Mona Fields 3 paperbacks Alamo Heights Baptist Church I paperback Linda Wiggins 46 paperbacks Donna Edwards 13 paperbacks Lucille Partlow 4 paperbacks F. Munk I paperback George Smith Vies 7 video Unknown 4 video Norma Stewart 2 videos South Texas Library System I video Stuttering Foundation 1 video Mrs. Dunlap 3 videos Alamo Heights Baptist Church 3 videos Lori Kerlick Audios 6 audios Dana Perez 2 audios Lynda Frazier 4 audios Unknown 4 audios Mrs. Paris Maeazines 310 magazines Unknown I I magazines Bill White 14 magazines George Smith 173 magazines Helen Boswell • 40 magazines Frances Wiseman Other 2 boxes of stickers Chu Chen Chen I CD Rom South Texas Library System 2 cassettes Unknown 16 albums Alamo Heights Baptist Church 7 reel to reel rapes Alamo Heights Baptist Church I I cassettes Sandra Baton s9 CALHOUN COUNTY PUBLIC LIBRARY SYSTEM — SURPLUS/SALVAGE A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to declare the following submitted items of the Calhoun County Library System as surplus/salvage as is indicated. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. • Calhoun County Public Library System (361)552-7323 200 W. Mahan Port Lavaca, Texas 77979 January, February & March 2001 I would like the following items to be declared Surplus 650 Books 529 Paperbacks 283 Magazines 16 Albums 3 Videos 13 Audios I would like the following items to be declared Salvage • 132 Books 26 Paperbacks 80 Magazines 7 Reel to reel tapes 2 Video 1995 FORD TRUCK IN PRECINCT #1— SURPLUS A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve the trade-in of a 1995 Ford'/2 ton GMW, Serial No. FTEF15H2SLLLLC11419, to be declared surplus and removed from Precinct #1 inventory. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. 2001 MODEL 2500 TRUCK IN PRECINCT #1— APPROVE PAYMENT A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve payment of $17,985.75 to Lavaca Bay Auto World for a 2001 3/4 ton Model 2500 truck, VIN #1GCHC24U61E159760. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. (Commissioner Galvan stated that it was a mistake when the vehicle was bought by not • taking bids — it was the same vendor. The County Auditor advised that bids were required.) ETNYRE BITUMINOUS TRUCK IN PRECINCT #1— SURPLUS/TRANSFER A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to declare an Emyre Bituminous truck, Serial #08C99067, as surplus and transfer it from Precinct #1 inventory to Magnolia Beach Volunteer Fire Department. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. ENGINE IN PRECIN#1- SURPLU n RAN FER A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to declare engine NSN 2815-00-911-3644, Serial # 40819-P as surplus and transfer it from Precinct #1 inventory to Magnolia Beach Volunteer Fire Department, Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor.. POST HOLE DIGGER IN PRECINCT #1 - SURPLUS/SALVAGE A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to declare a Continental Belton Co. post hole digger, Model # QP, as surplus/salvage and remove from Precinct 91 inventory. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. WELDING MACHINE WITH GENERATOR IN PRECINCT #2 - SURPLUS • A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to declare a certain Miller Bobcat 225GDC welding machine with 8,000 watt generator as surplus (Pet #2 asset # 22-01224). Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. • TAX ASSESSOR/COLLECTOR AND JP PRECINCT #1 MONTHLY REPORTS The Tax Assessor/Collector and III Precinct 41 presented their monthly reports for March, 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that said reports be accepted. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in Favor. COUNTY TREASURER- QUARTERLY REPORT AND INVESTMENT REPORT The County Treasurer presented her Quarterly Report and Investment Report for the quarter ending March 31, 200 L After reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that said reports be accepted. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. CALHOUN COUNTY TREASURER'S OFFICE STATEMENT OF BALANCES ACCOUNTNAME • an.. 1/01/m Receipts 0isburtemenl Belem* 91/01 Ganwal RUE.Bnepe Wrwnl x9]C6a xae,el] xla. WJ ]iBA11 0.we6 BM,yW v1 xAN za a 2.1. R tl6 xB ''53 xx]aW BrNq=I .IN 'am '.6N FII .,Rua 111. 0 I'm Nry l)?M'No IB9.1p3 IN= 0 I,IW.65 owedWMLrnru PreWe11 "Ib 1.01 3.181 Ro&a"nlwno' - . In 0. x]I 0 Ia3W LW. neae.. ' ],]0x 31 0 ]AIB Level Rpa Preaul2 ;)62 3] 0 ]Alp L.4MRoadRa Pl 3 ].]62 51 1 ,alp 41MN Rua PiKH[I4 ].M2 31 0 3.110 FIwM GnOtl P1.tlM1 I,YO YJ 0 ` 1.Sx3 Flag Con. Pntllw] 20.9a1 zp6 o 21:1. F"C R.tlM. 1,p31 16 0 ten. IJrppn Wvdarurc. NA]p M,WI 12N1 40.833 .ow., IE.up 11.W> p70 9AN IJ6N]fJI1 LM1m'IPI ].p61 IN 0 6.p12 JwNle pebaNn $67,202 20tm 63,5]9 Bxx.]61 BmI GmWJJREP 1.2%6 1a31a M.a0 MAn FMaCaY Mdallq 1],Wp N.I. 1pA16 1.a66 Dwaawe 06210 2.526 IN 1113 MYnal CaYKI.LWB lip 0 0 ]B G1nla 02N X0, Nne NAe] LPx fle. alA[Y. FgYI'Ib, 4,171 1.451 We 4AI Rwa. WupwnaMSannGN a1.510 e.Mi I'm 3a.]1] RaCN. M0KIL"6.arvNm 3apM 21p2 0 ae,tu ravHwae6W,y n.a's 6.30 0 pa.n. GnMtl Fnabaal S.t60 M' o Sou pylryJ fgnl.pge.IJvy 1A35 2.01. 2162 ;000 GMWtood epena Joy 1.IN 2e] a's 1,Bu Ewn6w.Tn Rrmw 2,M1 0 0 2A1 elwla FeAIIN PIcpry t.0'a n o 1.008 Gp,Pry.6aa 32132 0 0 =132 Gp. P1q..N1pM hWMme1I 39.485 0 o 3e,b5 Gp. Pry,.Panlq Ld n,001 0 153 40 a cao P4:. Telamrt+l.nblM R.W 0 3,227 21.1., Cy."-. ,CalnvYuuyl sn. .O.w o AaY m.N] Can." Rua 1.R3 0 ]325 0 Gp.ftdd.Wb EWIIN. .NMI 0 IN N.I31 Gp.PTi,•H.w J.Y Bkp. .Sdod 0 0 25.aW Gp. ed..MyW. ae.m Ha.kn .o,a31 0.o 0 no 31 can. Prq.Ltl JY oe'rcWbn a 123.0.W0 INp.a15 U.Pr Awn P., 1. 0 62.00) 5.205 55.7115 Pa1G'Cmnr CuowNNCalnv .AaO ]Ltl "No ].MO WmN1TwNm Gm.1 12" 73 0 5.N] CM1.a COYp.Wa61p 'A., "1 ez.ees p.u. Gen. Cdeo 6pq. IM a.4 <, n. .xa.1n >wRW uRm Gen CWq. Rtl. Bow. W a s.p 2.Sn 1N5.2 Waax M2]1 I. meaw. W.e coal,. 1.1 N:,W 5.66e 0 T... doe on NGe.W6 and Mae, ]80 0 M.Wa TU MIkJp.IIm Hc4.. Fangs p,". 11w a p]]1N W1p64 GpanYry 0AIM, .mml 1,51113o .19.11 Mwp114 Memabl 11103 1)p 0 I..ao Ib.p114 R..YMN Dow". $6.91a 111 ]5,00] 125p3 Ip.plW Cavpulpt 11,150 52A06 a 64 waa. C.n. tetxN Came. No, » a 2. Ibp. cM.IXctlq. W6sep ]]9 6.AX M.]N N MarMYAY9N PMn gIaJ1 i2,IQ a II,i61 0 ha . Hems.. 23]. 339516 ]]9295 I.M1 We meEagga aars�� County JudgCounty In and filed wfth Rw doon1ytTowns _jLa day aurllry Wlwe,lays MIJ W1S FeHe (WM Bla avm to be vaned aM In sue man, SWORNTOANOSUBSCRIBE BEFOREME CountyJutlpe.aMC.*COmduk3nerad.MGBYA1n0.* nNr®pxUwry. on UW Bryd_ rJJ�. mi. BEFORE MEIN UManipma wN 1N on Bda MY Po16on64J appr1ao 511611onMmk. Cqunry Trauurerd GIM1m Canty Nye 6uI1M wNun W SoreeWll^p repgt b Ws aM coned. yes; cotin '.�i �I. $]anon ManF. County Treasurer I1nn -.,..Fd:&FORRECORDTHISJO 0ayd„ _,2W1 eM r6caCM Nia �fJLOay d nriu'I' .2WI. In., uounny •• �� ( V V 1, •SfJM1J� ff APR 3 0 2001 CALHOUN COUNTY TREASURER'S OFFICE IMSTMENTREPORT QUARTER ENOINR MUCH 012901 '- ... ..---- RNROCE RECTUM WESSE "met IONREST@RREO //VRI OTIRIISNRS aTRRRSNRS 3/3V01 RmOREm YRRTCBman I RONCBECIORO CERTOFOEF OPERATING $11,303.694.79 514,703.642.99 $10,522.490.64 115.ST5,047.14 f107,289.42 $3.279.33 $0.00 GEN OBLIG BONDS MS 8,723.67 40.732.53 394.250.00 41.206.20 1,206.40 GEN OBLIG REF BOS 18S 2,572.36 163.161.53 $0.762.50 84,971.39 861.52 118 CERT OF OBUG 16S 6,191.05 64.617.57 62.685.00 8,123.62 224.86 TAX ANTICIP NOTES IBS 29,580.24 367.79 0X0 29.958.03 367.79 TAX ANTICIP NOTES CONSTR 1,192,898.62 5,668.39 1,198,567.01 D.00 5,668.39 TAX ANTICIP NOTES FORMOSA 921,707.85 11.456.09 0.00 933,163.94 11,456.09 DIST COURT JURY 1.834.03 2,009.87 2.742.00 1,102.80 38.13 COUNTY CRTJURY 1,79892 262.99 618.00 1,443.91 28.52 MEM MED CTR OPERATING 264,687.06 4.729.657.27 4,514.729.51 479.614.62 9.622.54 MEM MED CTR MEMORIAL 14.403.79 179,03 0.00 14,582.82 179.03 MM CTR RESTRICTED DONATION 88.818.21 776.67 75.000.00 12.594.88 776,67 INDIGENT HEALTHCARE 2,575.91 339,586.32 339.294.95 2,86718 291.37 MEM MED CTR CONSTRUCTION 11.749.82 52,40.37 0.00 64.155.19 4M.37 HOSP CERT OF GELID CONSTR 2.349.38 29.02 0W 2.378.40 29.02 HOSP CERT OF OBLIG I&S 336.21 64429.37 64,729.37 36,21 DRAIN DIST 06 6,981.54 761.30 55.89 6.68695 76,20 DRAIN GIST 14777.64 10,506.59 1,139.66 24.144.57 242.73 DRAIN DIST#10 MAINT 7.062.91 3,418.00 75.17 10.405.74 105.19 DRAIN DIST#1018S 39,373.40 2,893.26 0.00 42,266.66 502,62 DRAIN DIST#11 MAINT 8 OP 93,274.56 14,741.55 8.892.47 129,123.64 1.360,14 DRAIN DIST 911185 5D,758.95 8.985.42 0.00 59.742.37 67671 DRAIN DIST#11 RESERVE 25129.B0 912.94 0.00 25,Id 1.9d 312.30 TOTALS f14176289.41 E20636802.26 1T26603717 SIT 549058.50 S18S.121.Bd SIE677.54 $0.00 AVERAGE RATE 1 5.01%1 4.98% FRR CS OIIEISSOm BWYCE f08C8RSE6 RIWICE TOTALS $0.00 SO.00 WOO Sharron Marek County Investment Officer BUDGET ADJUSTMENTS - LIBRARY - JAIUSHERIFF - EMERGENCY MANAGEMENT - R&B PCT #1- R&B PCT #2 - FLOODPLAIN ADMINISTRATION - R&B PCT #4 - AIRPORT A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the following Budget Adjustments be approved. Commissioners Galvan, Balajka Floyd and Judge Marshall all voted in favor. BODGRT ATTD;NDNRNT RBQIISST I To: Calhoun County Commissioners' Court From:1��, (Department making this request) Date: q -3O -o 1 I request an amendment to the 00 budget for the year following line items in my department: 09L Account Amendment Account Name Amount Reason Net change in total budget for this department in: 5 -Q ............. Other remarke/justification: I understand that my budget cannot be amended as requested until ComldssionerW Court approval is obtained. • • Signature of official/department head: Date of Commissions rs' Court approval: Date posted to General Ledger account(s): 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court • From: 'z o (D artment maki g this quest) Date: -1 -a-I-co I is I request an amendment to the Q-0 budget for the year following line items in my department: GL^Account ^# � o-Tao 1 — 30 Amendment t-Name--- --- Amount^M_^ 3a, (=�.q 4o Net cbange in total budget for this department is: a vaooaeaaaaao Other remarks/justification: ^��^^Reason 3 CAI« 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): i BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: /h,.,,n a ±� d (Department+making this request) Date: 4 —a'�_p 1 I request an amendment to the 10 0/ budget for the year following line items in my department: GL^Account s#_ 30 - �35oa o- 3�do 60lga, Account Name Net change in total budget for this department is: Other remarks/justification: Amendment Amount_-,-_--_--Reasoa $ — 0 aasaoaasaaasa 11 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): • BIIDGET AMENDMENT REQUEST11 ) )j To: Calhoun County Commissioners' Court From: Rs PC+ 1 • (Department making this request) Date: `7 - a'j -6 1 I request an amendment to the budget for the year following line items in my department: GL Account_#^ Jr-6 1 APO 0iU0-?Slglo 5YO -51 O 5uo-61950 0- 3 o Account Name Net change in total budget for this department is: other remarks/justification: Amendment Amount�^__ 1 ©� 11 ql ------- Reason_-.^_^ 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): • 11 BUDGET AMENDMENT REQiJEST To: Calhoun County Commissioners' Court From: R.�) P,-+ (Department making this request) Date: LI z I request an amendment to the budget for the year following line items in my department: Amendment GL^Account ^#AccountNameAmount , --^, ^, b -535ao J v ,a �- d 1 550 -.ri 3510 al � Net change in total budget for this department is: asaaaasaaaasa Other remarks/justification: s • Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • a BUDDER A1lMMME iT RSQUIST Tot Calhoun County Commissioners' Court • From:r- (Department making this request) Data: I request an amendment to the G( budget for the year following line items in my department: Amendment 4L Aaaount # __ Aaaount Name Amount _Reason ----- ------------------- '70- 53o3o 6a4s /,cs /;W.'10 10(97,P ?/0- ! 3old L aaleak-s • Net Change in total budget $ for this department ist Other remarks/justification: I understand that mp budget cannot be amended as requested until Comaissionars' Court approval is obtained, a4u Signature of official/department head: Date of Commissionars' Court approval: y-3 p-p/ Date posted to General Ledger aoaount(s)t • M BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: 2e PC-k L (Department making this request) Date: I request an amendment to the 601 budget for the year following line items in my department: GL�Account _#_ I Amendment Account Name Amount Reason ^_-------------�^^� Net change in total budget for this department is: Other remarks/justification: a vaaaaaaaa�aa 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): • • BUDGET AMENDMENT REQUEST 11 To: Calhoun County Commissioners' Court From: / ,� , P-'( 1 _ • (Department making this request) Date: q-11-'Vi I request an amendment to the 10 Q1 budget for the year following line items in my department: GL Account # Account �Name ^^^ Net change in total budget for this department is: Other remarks/justification: Amendment ^^Amount^^.^ 20 v avavvvaaaaaa Reason 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): 0 [„ • • •1 CALHOUN COUNTY, TEXAS Unposted Budge[ Transactions - EXPEND.ADNST,FOR4l30/0I Fund Effective Code Date Fund Title Transaction Description Dept Title GL Title Increase Decrease 1000 4/30/2001 GENERAL FUND REQUIRED BY PAYROLL LIBRARY MEAL ALLOWANCE 25.00 1000 4202001 GENERAL FUND REQUIRED BY PAYROLL LIBRARY TRAVEL OUT OF COUNTY 25.00 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL JAIL OPERATIONS ADDITIONAL 432.00 PAY -REGULAR RATE 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL JAIL OPERATIONS COMP TIME PAY 2,440.00 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND TEMPORARY 1,500.00 BRIDGE -PRECINCT #1 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND SOCIAL SECURITY 115.00 BRIDGE -PRECINCT #1 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND WORKMENS 91.00 BRIDGE -PRECINCT#] COMPENSATION 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND FEDERAL/STATE 9.00 BRIDGE-PRECINCT#1 UNEMPLOYMENT 1000 4/30/2001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND ROAD & BRIDGE SUPPLIES 1,715.00 BRIDGE -PRECINCT #1 1000 4/302001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND ROAD & BRIDGE SUPPLIES 215.00 BRIDGE -PRECINCT #2 1000 4/302001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND TIRES AND TUBES 215.00 BRIDGE -PRECINCT #2 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND MAINTENANCE EMPLOYEES 50.00 BRIDGE -PRECINCT #4 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND WORKERS COMP 50.00 BRIDGE -PRECINCT #4 ADJUSTMENTS 1000 4/30/2001 GENERAL FUND LINE ITEM TRANSFERS EMERGENCY PROGRAM SUPPLIES 438.00 MANAGEMENT 1000 4/302001 GENERAL FUND LINE ITEM TRANSFERS EMERGENCY DUES 315.00 MANAGEMENT 1000 4/302001 GENERAL FUND LINE ITEM TRANSFERS EMERGENCY MACHINE MAINTENANCE 438.00 MANAGEMENT 1000 4/302001 GENERAL FUND LINE ITEM TRANSFERS EMERGENCY TELEPHONE SERVICES 315.00 - .MANAGEMENT 1000 4/302001 GENERAL FUND LINE ITEM I RAN FE DyP1,AIJ�1 GENERAL OFFICE SUPPLIES 140.00 1000 4/302001 GENERAL FUND LINE ITEM TRAM FERS FL IYkAJ�✓ y:� PHOTO COPIES/SUPPLIES 140.00 AA il'[STRA'9'ION--p 1000 4/302001 GENERAL FUND REQUIRED BY P YROLL ��7HpE ,F7 ° JOVERTIME 5,069.00 1000 4/302001 GENERAL FUND REQUIRED BY PAYROLL �FU 2001 ' ADDITIONAL 2,197.00 PAY -REGULAR RATE Total GENERAL FUND 4 7,967.00 7,967.00 1000 Due: 4( =001 O Page: I Fund Effective Code Date Fund Title 2610 4/30/2001 AIRPORT FUND 2610 4/30/2001 AIRPORT FUND Total AIRPORT FUND 2610 Report Total CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.AD3UST.FOR4/30/01 Transaction Description Dept Title GL Title LINE ITEM TRANSFERS LINE ITEM TRANSFERS NO DEPARTMENT NO DEPARTMENT MACHINERY PARTS/SUPPLIES OTHER SUPPLIES Increase Decrease 709.00 709.00 709.00 709.00 8,676.00 8,676.00 o�emrzoot • 0 P.ge:2 DONATTONS A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the Donation of $10 to the EMS. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. ACCOUNTS ALLOWED — COUNTY Claims totaling $376,916.78 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. ACCOUNTS ALLOWED — HOSPITAL Claims totaling $59,106.01 Payroll, $996,640.19 Operations, $64,729.37 Debt Service and $45,497.81 Indigent Healthcare for a grand total of $1,165,973.38 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. GENERAL DISCUSSION Judge Marshall informed the Court that Calhoun County received a plaque from the Texas Ornithological Society for contributing to the Magic Ridge project, Commissioner Floyd stated that a group of Chamber of Commerce members, representative of the Commissioners' Court and other County entities agreed that the old freezer plant site needs to be cleaned up. It has been auctioned twice and not sold. Jerry Bastian offered $1,000 and agreed to clean it up. Will process through the taxing entities on May 9th before the Appraisal District and the City of Port Lavaca and on May 13th before the Commissioners' Court for auction. THE COURT ADJOURNED AT 12:05 P.M. 7 SPECIAL MAY TERM HELD MAY 11, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 1 lth day of May, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 1:30 P.M., a Special Term of the Commissioners' Court, within said County and State, and • there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Michael J. Balajka Commissioner, Pct. 2 Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Judge Marshall announced that this is not a formal court meeting as the notice posted on May 11, 2001 did not state that this would be an "Emergency" meeting; this is an informal public information meeting only. Judge Marshall asked Commissioner Balajka to stay for the meeting. 92 Judge Marshall informed the courthouse and annex employees that she is working on the mold/fungus problem and will stay in contact with them and appreciates their patience. She read the following letter from Brian C. Cates, M.D., Medical Director of Victoria City -County Health District. Davonna Koebrick with the Crossroads Public Health District passed out leaflets on the stachybotrys mold, stating that all molds have the same effects on people — the severity depends on the individual. Armando Medina with Health & Safety Management said an air survey was done between the 2°d and P floors and the scrapings were analyzed for fungus — did not test for anything else. Starting Monday, an evaluation will be done of the whole courthouse. sCharlie Crober, Building Superintendent, said the stachybotrys mold levels inside the building are lower than outside and in some places, the same. The mold can be taken into homes on clothing, etc. but it is already there. The molds need water or moisture to grow. Davonna said the air conditioning system possibly has something to do with the mold problem in the courthouse. Jan Duckett stated that the problems have been here for 20 years. Toi Dowell asked if there were plans to move the jail, a major source of the problem. Judge Marshall answered that requests for proposals for a feasibility study were sent out and also for other ways to handle this problem. Commissioner Balajka said he would be looking on Monday for some action to close down the jail. Toi Dowell asked if the County was in compliance with the Health Code regarding hepatitis testing. Judge Marshall answered that she would check and Davonna offered to get information from Austin. Judge Marshall informed the group that there is a company coming and they are working at other places with the same problem We need a scope of work. Several employees mentioned their allergies and health problems since working in the courthouse. There was discussion concerning analysis reports being lost or unavailable. The Judge apologized and said no one is trying to hide anything. Commissioner Balajka said he didn't believe anything was intentionally withheld and if he felt anybody's health was in • danger, he wouldn't let anyone interfere with that. The Health Department personnel had informed him that the mold is everywhere and is not detrimental. He said the offices could be moved if necessary, however. Norman Boyd, a citizen, said the public should be made aware of what is going on and was sure they then would support the Court pertaining to bond issues, etc. Judge Marshall offered to supply hepa-filters for the individual offices as an immediate stopgap. We are waiting to find out what steps we need to do from these companies and employee relocation, if possible. Stephanie Smith suggested contacting OSHA for a list of names of companies. Judge Marshall requested the OSHA not be brought into this matter as she thought the County could work through this. Ms. Smith said most of the problem is lack of knowledge. The Judge said Charlie Crober and she were going to a seminar on mold Wednesday. She also stated that the insurance company has not yet been contacted as they may have us shut down the jail or if we filed the insurance claims and didn't do anything about the jail situation, they may not accept the claim. Remediation will need to be done on this. Armando said he would have the reports Monday of what has been analyzed so far and Judge Marshall asked that he make the reports understandable. Stephanie Smith asked the for report of her office for her files. Commissioner Balajka said no tests have been • done for E-coli or hepatitis. There is no one who will test for it. He added that there are 250 species of mold and 250 of bacteria. Armando stated that he will have a scope of work and remediation for Charlie. Judge Marshall will check on renting hepa-filters for immediate relief. THE MEETING WAS OVER AT 3:00 P.M. 93 VICTORIA CITY. COUNTY NfALTN OEYARTMENT "n n l„ CROSSROADS PUBLIC HEALTH DISTRICT 2805 N. Navarro • PC. Be. 2350 Victoria, Calhoun. DeWitt and Jackson Counties Victoria. Texas 779013917 Phone 1361) 575-6281 Bain c. Cate. M.D.. Medical Director 98.7046 Fax (361) 8�70a6 • May 11, 2001 To: Judge Marshall Citizens of Calhoun County Employees of Calhoun County Re: Occupadonal Mold in Calhoun County Buildings Honorable Judge Marshall and Citizens and Employees, As Interim Medical Director of the Crossroads Public Health District, I felt compelled to give my medical opinion on the building contamination problem in Calhoun County facilities. We are fortunate to have literature from the Center for Disease Control, and several other sources, concerning Stachybotrys genus of molds, as well as other molds. The findings are summed up as follows: 1. The usual effects of Stachybotrys genus of molds on physical health are confined to hay -fever like allergic symptoms in normal individuals as well as those that have seasonal or year-round allergies. Those with chronic lung disease may experience shortness of breath and worsening of their disease symptoms. Those with severe suppression of their immune systems (HIV, high dose chemotherapy, etc... ) may get internal infections with molds, but not commonly. 2. Stachybotrys is a green -black mold that is much less common than the . Cladosporium, Penicillium, Aspergillus, and Altemaria molds in buildings. 3. The association between Stachybotrys genus molds and acute idiopathic pulmonary hemorrhage in infants has not been proven. 4. If Stachybotrys genus molds are found in buildings, the most important treatment is getting rid of the water or humidity source which harbors the mold spores (water leaks, condensation, infiltration, and/or flooding). Once this is accomplished, removing the mold is absolutely necessary. This can be done with in-house people as long as they use adequate respiratory protection with masks, and gloves. During cleanup mold spore counts can rise to 10.1000 times the normal background level as they are released back into the air. Of course, the cleanup can be done by a licensed professional (outside expertise) if the institution has no qualified personnel to manage the cleanup. As well, efforts to lower humidity, to improve ventilation, and possibly to utilize chemical mold inhibitors may be necessary once the cleanup is completed. 5. Of absolute importance in this issue is the fact that these same recommendations apply to all species of molds, as they all cause the same health effects in .individuals. It is clear in the literature that when mold is detected in buildings, it is not necessary to test it for identification. Rather, the first response should be to eliminate the watery source of mold, eradicate the mold through cleaning and/or destruction of contaminated materials, and prevent the conditions that might bring it back. 6. Finally, if an individual suffers from ill effects to mold in buildings, he/she should contact their personal physician as he/she would know the patient's health history and be best able to address treatment for that patient on a case -by -case basis. As • well, if expert specialty consultation is needed, the personal physician is best able to obtain this help. I apologize for not being present at the meeting later today, but I had already scheduled clinical responsibilities in Victoria from 2PM-2AM, and can not leave my post there. If you should have any questions, or have other issues arise in the future, please do not hesitate to contact me. Sincerely, Bain C. Cate, M.D. REGULAR MAY TERM HELD MAY 14, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 14th day of May, A.D., 2001 there was begun • and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. BIDS AND PROPOSALS — FUEL BIDS The following bids were read by County Auditor Ben Comiskey. He informed the Court that Mauritz and Couey had submitted a letter bid rather that the regular bid form due to an emergency at their warehouse after the last storm. A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to • accept the letter bid of Mauritz & Couey for the automated card fuel system and the bid of Diebel Oil Company for the fuel to be delivered for the period beginning May 16, 2001 and ending June 15, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ¢ MAURITZ & COUEY PETROLEUM MARKETING swa 1911 PORT LAVACA-RSFUCIG WARWOUS6 May7,2001 2112 W AUSrftr X BOX 1027 PART LAVACA,TX TMY FAX:M-60-7017 Arl a N. Mu" Caum Gaaq Jadle MaoriK i Cmq, world MW to UWW Cabam Cooaty'o anbmated atd xywm Fad bid beEhmlo.0 May 16.2001 and =d ngJmo 15, 2001. Bid pries world be: Uakta" Gaaoia ....SL135 Mid Grade Ga fin ..S1.27s Prwaim Gwrme......S12M Died Fad. ..... _...... .3 JRO • Loratiaa: 2112 W. Ansda. Pad GY v= The teatoa foe"kew k to hb� yea Md we wh4W the bid One 4ae to a FAbuzeaq at eorwarvb ezae the but uoep. Tb.'W L Gabr"o RWkr"tMamCer 95 CALHOUN COUNTY AUDITORS OFFICE BIDS/PROPOSALSFOR1)C.INCArl. DATE OPENED 5 - , G I TIME OPENED IC) � 12 PRESENT AT THE OPENING Following Is is a list of Bids/Proposals opened and bid amounts, if appropriate. Bldder(Pr000ser nn I. Ne--be.l `(7il U. unleaded L16 2. Off.vnium 1.31 3. bI Esd 58 5. 8. BIDS/PROPOSALS WERE yy�� REFERREDTO I A� I' I SIGNATURE This form on 5 /-1 /' was rased to the following; u.�. Arlene N. Marshall, County Judge Roger Galvan, Commissioner Pet #1 Michael Balajka Commissioner Pet 02 H. Floyd, Commissioner Pet 43 Kenneth Fioster Commissioner Pet #4 Mark Daigle with the Sheriffs office stated that during the recent storm they were not able to get fuel from the automated card system. GUIDELINES AND CRITERIA FOR RESIDENTIAL DEVELOPMENT TAX ABATEMENT In reviewing the current Guidelines and Criteria for Residential Development Tax Abatement, Commissioner Finster suggested that the third and fourth "Whereas" in the Preamble which cites the City of Port Lavaca, be taken out. Commissioner Floyd commented on the "authorize date" on page 3. It is the intent of a tax abatement to be an incentive for someone to come to Calhoun County. If construction has already begun, then the need for an abatement is lost. He would like for the abatement to be approved prior to the start of any construction. Judge Marshall concurred with this with the exception of the Seamans and Hogan project as they had approached the Court prior to doing anything on their projects. Commissioner Floyd discussed "duration AT' on page 4 stating a 10 year tax abatement is a long time to commit, consider a lesser time. He also discussed apartment buildings and the abatement going to the person leasing — apartments will be rented and not sold and the property does not go on the tax rolls until it is sold. The Judge stated that would be the project itself. Commissioner Floyd said an apartment project could be kept tax abated because it does not sell. Commissioner Finster suggested that an apartment building be exempted until it is built. is • • Commissioner Floyd said a taxing entity has 3 reasons for something to come on the tax rolls -need to add #4 once it comes to its purpose- trigger getting rental property on the tax roll. He suggested that the Court go over the Guidelines and Criteria before it is finalized. Judge Marshall said that any changes could be made and put on the agenda for Friday, May 18th. No action was taken by the Court. SAFETY TESTING EQUIPMENT — SURPLUS • Mr. Buzz Currier, Administrator of Memorial Medical Center, suggested the possibility of transferring the safety testing equipment. While safety testing is a necessary service, it does not necessarily have to be provided by the hospital, it could be provided more efficiently by another provider. Memorial Medical Center would like to surplus the listed items within safety testing and have them advertised for sale. Safety Testing Equipmcat Inventory 11 • 97 37 Blue Storage Bins $ 262.70 Morgan Spiro 232 Breathing Tester S 3,975.00 2 - 19" x 48" Shelving S 312.00 IS" x 24" Shelf S 94.00 3 — 24" x 48" Shelving S 444.00 3 - 8' Folding Tables $ 240.00 2 — 5' Folding Tables S 140.00 Linen Hamper S 107.14 4 - Small Lookers $ 139.00 3 — Small Refrigerators S 732.00 3 - Guest Chairs w/o arms $ 120.00 9 - Guest Claire w/arms S 360.00 Blood Dww Chair wlshel f $ 390.00 Metal Cabinet S 162.00 HP 600 Printer S 250.00 HP 300 Pax Printer S 250.00 HP DeskJet 680C Printer $ 150.00 HP Desk lat 840C Printer S 150.00 2- HP Desk7et 695C Printer $ 300.00 2 —Upgraded Computers no value Olympia Typewriter Old w Gateay Computer Leased Canon NP6221 Copier Leased � First Temp Thermometer Need Back Total S 75,291.92 A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to declare the inventory as surplus and authorize the County Auditor to go out for bids on said materials to be bid as a package. Said bids to be opened June 11, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. EXECUTIVE SESSION — CONSULTATION WITH ATTORNEY • The Court being in open session, the County Judge as presiding officer publicly announced that Commissioners' Court would go into a closed meeting as authorized by Section 551, sub -chapter D of Vernon's Texas Codes Annotated, Government Code. The specific section of the Government Code permitting discussion/deliberation in Closed • meetings is Section 551.071 which authorized closed meetings for consultation between the governing body and its attorney when the governing body seeks the attorney's advice with respect to pending or contemplated litigation, settlement offers and matters where the duty of the governing body's counsel to his client pursuant to the Code of Professional Responsibility of the State Bar of Texas clearly conflicts with the act; (Discussion will include matters related to Case No. 2001-4-13963, Anita L. Koop and Terry J. Cox, W. H. Floyd Individually, W. H. Floyd as Calhoun County Commissioner, Calhoun County, Texas and Commissioners' Court, Calhoun County, Texas.) The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said closed session, this meeting will be reopened to the public. The Court then went into closed session at 10:23 A.M. At the end of the closed session the meeting was reopened to the public at 11:05 A.M. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to designate Commissioner Floyd as representative of Commissioners' Court to work with attorney, legal counsel and all other involved parties regarding Case No. 2001-4-13963, Anita L. Koop and Terry J. Cox, W. H. Floyd, Individually, W. H. Floyd as Calhoun County Commissioner, Calhoun County, Texas and Commissioners' Court Calhoun • County, Texas. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GENERAL DISCUSSION Mr. Rudy Carrion, a citizen, spoke regarding utilization of our 911 emergency communication system during the storm last week. Judge Marshall advised that the situation wasn't alarming enough at the time according to the Weather Service reports received. Mr. Mark Daigle suggested that the Community Alert Network be used instead of the 911 system — this notifies everyone if there is an emergency. COURTHOUSE AIR QUALM TESTING AND REMEDIATION Judge Marshall informed the Court of the positive meeting with county employees on Friday though no resolutions were made. She said steps need to be taken regarding the handling of the situation. A complete survey of the courthouse is needed to determine the cause of the mold and see what can be done. She asked Commissioner Galvan to work with the insurance company, Commissioner • Balajka to work with the Sheriff regarding the jail to determine what needs to be done and Commissioner Floyd to see about available office spaces for moving the necessary offices and the cost of same. This will be left on the agenda until information is complete. AMEND SALARY ORDER OF JP PRECINCT #2 - CLERK A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to amend the Salary Order to change the JP #2 clerk's position from part-time to full-time. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to appoint the following committee members of Emergency Communications Users for evaluation of Emergency Dispatch Services: Sheriff's Department — John Brown City of Port Lavaca Police — Vaughn Dierlam City of Seadrift — Sam Hurta City of Point Comfort — Rick Brush City of Port Lavaca Fire Department —Boyd Staloch • Vol. Fire Departments Association — Galen Johnson EMS Service — Carl King Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. T PARKING LOT A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to • authorize Commissioner Floyd to enter into a contract with Sylva Construction for completion of the work remaining from Ken's Construction contract default at Memorial Medical Plaza in the amount of $107,300; authorize Change Order #1 to the contract in the amount of $2,345 and any other change orders necessary up to $11,000. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. PUBLIC WORKS CONSTRUCTION CONTRACT DATE: May 6, 2001 PARTIES: OWNER: Calhoun County CONTRACTOR: Sylva Construction COMMENCEMENT DATE: June 11, 2001 - COMPLETION DATE: September 9, 2001 • CONTRACT PRICE: $ 107,300_00 The Owner agrees to hire Contractor and Contractor agrees to perform work according to the attached Contract/Bid documents for the stated contract price by the completion date. The contracted work is the completion of work awarded to Ken's Construction after competitive bidding. The attached Contract/Bid documents are: (1) Letter to prospective bidders dated November 20, 2000 from Roberts, Taylor & Sensabaugh, Inc. (2) Exhibit "A" Bid Proposal Form (3) Exhibit "B" Contract Between Ken's Construction & Paving and Calhoun County (4) Exhibit "C" General Conditions, Supplementary Conditions, and General Requirements (5) Exhibit "D" Drawings . (6) Exhibit "E" Last paid and Approved Progress Estimate (Progress Estimate No. 15) (7) Exhibit "F" Punchlist for Paving and Other Site Work Memorial Medical Center IN WITNESS WHEREOF they have hereunder set their hands the day and date first written above. • IN THE PRESENCE OF Witness Yt .°_� Witness Sylva Construction 214 Half League Road Port Lavaca TX 77 9 Trade Contractor Accepted by: signature Name: Sam Sylva Print Name Title: Owner Date: Calhoun County, T xas Owner Accepted by: signature Name: H. Floyd Print Name Title: Commissioner. Precinct #3 Date: 05 — 16 — o % INSURANCE SETTLEMENT FOR DAMAGES TO SHERIFF'S OFFICE VEHICLES A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to accept the insurance settlements in the amount of $1,520.64 and $2,330.87 for two • Sheriff's Office vehicles damage on January 26 and January 28, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. METAL DESK AT RECYCLE CENTER(LANDFILL — SALVAGE A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to declare alarge metal desk at the Recycle Center/Landfill as salvage and remove from inventory. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. PHONE AND MOUNTING KIT IN PRECINCT #3 — SALVAGE/SURPLUS A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to declare the Mounting Kit & Accessories for Inventory #23-0145 (Nokia Cellular Phone) and the phone (inventory #23-0145) as scrap to be used as a trade-in on a new digital phone for Precinct #3. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED — B & G CHEMICALS A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to pay the invoice of B & G Chemicals in the amount of $2,579.50 for Malathion (insecticide) for Precinct #1. Commissioners Galvan, Balajka, Floyd, Finster and Judge • Marshall all voted in favor. PAGER AT MAGNOLIA BEACH VOLUNTEER FIRE DEPARTMENT — SALVAGE A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to declare a Motorola pager, Serial # KVSBXN27RV as salvage and remove from the Magnolia Beach Volunteer Fire Department inventory as it cannot be repaired. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 0. EXTENSION SERVICE — JP #5 MONTHLY REPORTS A Motion was made by Commissioners Galvan and seconded by Commissioner Finster to accept the reports of the Extension Service and JP #5 for April, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET ADJUSTMENTS — WASTE MANAGEMENT — DISTRICT ATTORNEY — R&B PCT. #1— R&B PCT. #2 — EMERGENCY MANAGEMENT A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET AMENDMENT REQOEST To: Calhoun County Commissioners' Court From: { (Department mak' g this request) Date: I request an amendment to the ,ho l budget for the year following line items in my department: GL Account ---Account Name AmendmentAmount ------------- ------------- woo ------------- 3f� �n S 310 O oo Net change in total budget for this department is: Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained Signature of official/department head: Date of Commissioners' Court approval: • is � 02 Date posted to General Ledger account(s): • BUDGET AMENDMENT REQUEST -1 11 To: Calhoun County Commissioners' Court ©� From: b a (Department making this request) Date: 4— 1, o I request an amendment to the ao o1 budget for the year following line items in my department: GL�Account �#� Account Name ��,N UgCJ Net change in total budget for this department is: Other remarks/justification: E Amendment Amount,�� '7 o -- �J (0'> Reason 1 C I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: • Date posted to General Ledger account(s): ti �03 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: 3 P�-' (Department making this request) Date: 5 —1(-Ql I request an amendment to the o`er 0I budget for the year following line items in my department: GL Account_#_ 5qo-13Voo Account Name Net change in total budget for this department is: Other remarks/justification: Amendment __-Amount�� 800 �s �o> v voaevvvvvvvv _ .__Reason_____ 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): ti • vaa AI .104 • 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: is I C (Department making this request) Date: 5_) I_-Ol 1 request an amendment to the -)-z 01 budget for the year following line items in my department: Amendment GL Account # Account Name Amount Net change in total budget for this department is: Other remarks/justification: Reason 2 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: 40 Date posted to General Ledger account(s): u 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners, Court From: v Y�na/lf1�PiL.C..I- ,/ V I (Department making this request) Date: I request an amendment to the 1001 budget for the year following line items in my department: Amendment GL Account # Account Name Amount Reason �3o-L� 3l0 �3Y 1 �ar�42o� Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: • Date of Commissioners' Court approval: Date posted to General Ledger account(s): ti Fund Effective Code Date Fund Title 1000 5114101 GENERALFUND 1000 5114/01 GENERALFUND 1000 5/14/01 GENERALFUND 1000 5114101 GENERAL FUND 1000 5/14/01 GENERAL FUND 1000 5114101 GENERALFUND 1000 5114101 GENERALFUND 1000 5114101 GENERALFUND 1000 5114101 GENERALFUND Total GENERALFUND 1000 Report Total o :vtwi CALH*UNTY, TEXAS Unposted Budget Transactions - EXPEND.ADIUST.FOR 5114101 Transaction Description LINE ITEM TRANSFER LANE ITEM TRANSFER POSTAGE REIMB. BY HOT CHECK RESTITUTION LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER Dept Title WASTE MANAGEMENT WASTE MANAGEMENT DISTRICT ATTORNEY ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE -PRECINCT #I ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT GL Title LANDFILL CLOSURE MISCELLANEOUS POSTAGE ROAD & BRIDGE SUPPLIES MACHINERY AND EQUIPMENT ROAD & BRIDGE SUPPLIES MACHINERY AND EQUIPMENT AUTO ALLOWANCES TRAINING REGISTRATION FEES/TRAVEL • Increase Decrease 500.00 500.00 70.00 8,800.00 8,800.00 2,007.00 2,007.00 34.00 1 34.00 11,41 LOG 11,341.00 11,411.00 11,341.00 A PPR MAY 4 2001 • CALHOUN • COUNTY, TEXAS Unposted Budget Transactions - REVENUE ADJUST. 5114101 P�5e S Fund Session Code Date Fund Title Transaction Description Dept Title GL Title Increase Decrease 1000 5/14101 GENERAL FUND POSTAGE REIMB. BY HOT REVENUE MISCELLANEOUS REVENUE 70.00 CHECK RESTITUTION Total 7D.00 0.00 5114101 Total GENERAL FUND 70.00 0.00 1000 ' Report Total 70.00 0.00 f MAY 1 4 2001 00 oar: vuroi � -- �i ACCOUNTS ALLOWED — COUNTY Claims totaling $745,015.45 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Finster that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GENERAL DISCUSSION • Oscar Hahn informed the Court that on Two Mile Creek where it empties into Powderhorn and meets with Coloma Creek, the persons who bought the tract of land sold by the Powderhorn Ranch are going to put in a 2,500 foot levee to make a lake for hunting. The Soil Conservation has been hired by the people to put in the levee. If the dam breaks this will inundate Old Seadrift Road. Commissioner Finster said he received a letter from Verizon regarding Wotipka Road being shown as a county road up to the gas plant. The Court determined that this road has never been maintained by the County and advised Commissioner Finster to send back a record to show that we don't show it as a county road. Commissioner Finster also had a letter concerning property on Boggy Bayou and abandonment of county rights -of -way on the old Stofer property. Part is Third Street (a dirt road) and part is in the wetlands. The writer has offered to mitigate the wetlands. This is to be put on the agenda at a later date. Judge Marshall advised the Court of boundary maps for review and reminded them that they have to be returned within 5 days. Judge Marshall discussed a request from an attorney to abandon a road in Precinct #1, which was done after we received the last minutes for approval. She questioned a certified copy being made from these minutes by the County Clerk to record in the real estate records if the minutes have not yet been approved. Also, we need to clarify a prior motion regarding the abandonment of the parkway. Commissioner Finster stated that if all the Court agrees, it probably could be done. Judge Marshall offered the help of her office with typing the Court Minutes in the absence of County clerk Marlene Paul. THE COURT RECESSED AT 11:45 A.M. (The remainder of this page intentionally left blank.) d09 THIS PAGE INTENTIONALLY LEFT BLANK) • .. • REGULAR MAY TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD MAY 18, 2001 BE IT REMEMBERED, that on this the 18th day of May, A.D., 2001 there was begun • and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. I Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. EASEMENT AGREEMENT BETWEEN LAWRENCE STAVINOHA, ET UX AND CALHOUN COUNTY IN PRECINCT #3 Commissioner Floyd showed the Court a map of the Arnold Koop Subdivision in Precinct 3 indicating that the bridge misses the roads. He stated that Carol McDonald, attorney, has prepared instruments to abandon part of the County roads in return for easements from Lawrence and Glenda Stavinoha to Calhoun County. • A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to accept the Easement dated 4-1-2001 from Lawrence and Glenda Stavinoha to Calhoun County on .05 acres of Lot 49, Arnold Koop Subdivision in Precinct #3. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. EASEMENT AGREEMENT Date: April 1, 2001- Grantor. Lawrence Staviooha and Glenda Stamoba, husband and wife GrantoPs Mailing Addteds (including county): 17035 Clover Mist, Pesdand, Brazotia County, Texas 77581 Graume: Calhoun County Grantee's Mailing Address (including county); 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Servient Estate property (including any improvements): Being that certain 150-foot by 150-foot tract of land out of Lot 49 of the Arnold Koop Subdivision, as per plat recorded in Volume • Z, Page 144 of the Calhoun County Plat Records, which tract is more particularly described as follows: Part of Lot Fotty-Nine (49) of the Arnold Kapp Subdivision of Caranahus Beach out of Lot One (1) in Block Sixteen (16) of the Wolf Point Subdivision of the Wm. Arnold League in Calhoun County, Texas, as shown by plat of record in Vohunc Z, Page 144, Plat Records of Calhoun County, Texas, and described as follows: 110 BEGINNING at the Northwest comer of Lot Forty Eight (48) of the above described Koop Subdivision; THENCE North along the West boundary line of Lot Forty Nine (49) 150 feet to point for comer. THENCE East 150 feet to the East boundary line of said Lot Forty Nine (49); THENCE South along the East boundary line of Lot Forty Nine (49) 150 feet to the Northeast comer of Lot Forty Eight (48); THENCE West along the common boundary line of Lots Forty Eight (48) and Forty Nine (49)150 feet to the place of beginning. Easement Property: 0.05 acres of land, more or less, situated in and a part of the William Arnold Survey. A-2, CAhoun County, Texas, being in and a part of out of Lot 49 of the Arnold Koop Subdivision, as per plat recorded in Volume Z, Page 144 of the Calhoun County Plat Records, and being more particularly described on Ex6IIid A, attached to this Agreement and incorporated by reference. Easemett Purpose- Non-exclusive roadway, tight -of -way, and means of ingress and egress. Eaitment Agrraeeet Page 1 Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or nor, presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantors heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the sin ie or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The casement shall be perpetual. 3. Exdnsivmess of Eas merit. The casement is nonexclusive, and Grantor reserves for Grantor and Grantors heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. 4, Secondna Easement, The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance, Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement, The holder has the right to eliminate any encroachments in to the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all tnatters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the I right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in Earement A&r mest Page • • • Ili • the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6, RjSb s Ecw=d. Grantor reserves for.Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement 7. Anorne�e Fees. Any party to this Agreement who is the prevailing party in any legal proceeding against any other party brought under or in connection with this Agreement or the subject matter hereof, shall be additionally entitled to recover court costs and reasonable attorney fees, and all other litigation expenses, including deposition costs, travel and expert witnesses fees from the non -prevailing party. g. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, txecnrtors, representatives, successor and assigns where permitted by this Agreement 9, Choice of r.aw. Ibis Agreement shall be subject to and governed by the laws of the state of Texas, excluding any conflicts -of -law rule or principle that might refer the construction or interpretation of this agreement to the laws of another state. Each party hereby submits to the • jurisdiction of the state and federal courts in the state of Texas and to venue in the county or counties in which the Easement Property is situated. Io, CgUnIclymn. This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the a= document. All counterparts shall be construed together and shall constitute one and the same instrument. it. Effect of Waiver or Consent. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other bench or default in the performance by such party of the same or any other obligations of such party hereunder. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run. 12 Eurd, v a as .ran * In connection with this Agreement as well as all transactions contemplated by this Agreement, each signatory party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions. 13. IndcmaiW. Each party hereby agrees to protect, indemnify and hold harmless the other party from and against any and all losses, costs (including, without limitation, the costs of litigation and attorneys' fees), claims, causes of action, damages and liabilities that are attributable to the breach by the indemnifying party of any of the provisions of this Agreement Earrment AgXWMt • Page 3 112 • 14. Itrttgmtim This Agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 15. L W Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be invalid, illegal or unenforceable in any respect, to the extent such invalidity or unenforceability does not destroy the basis of the bargain among the parties, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Whenever required by the context as used in this Agreement, the singular number shall include the plural and neuter shall include the masculine or feminine gender, and vice versa. Article and Section headings appearing in this Agreement are for convenient reference only and are not intended, to any extent or for any purpose, to restrict or define the text of any Article • or Section. This Agreement shall not be construed more or less favorably between the parties by ireason of authorship or origin of language. ! 16. Notices Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail and addressed to the intended recipient at the address shown herein, and if so shown, then at the last known address according to the records of the party delivering the notice. Notice given in any other manner shall be effective if and when received by the addressee, Any address for notice may be changed by written notice delivered as i provided herein. 17. Recitals • Any recitals in this Agreement are represented by parties hereto to be accurate, and constitute a part of the substantive agreement. 18. Ms. Time is of the essence. Unless otherwise specified, all references to "days" shall mean and refer to calendar days. Business days shall exclude all Saturdays, Sundays, and Texas legal banking holidays. in the event the date for performance of any obligation hereunder shall fall on a Saturday, Sunday or Texas legal banking holiday, then that obligation shall be performed on the next following regular business day.* 19. Equitable Rights of Enforcement. In the event of any interference or threatened interference with the easement, such easement may be enforced restraining orders and injunctions i (temporary or permanent) prohibiting such interference and commanding compliance hereof, which restraining orders and injunctions shall be obtainable upon proof of the existence of such interference or threatened interference, and without the necessity of proof of inadequacy of legal I remedies or irreparable harm, and shall be obtainable only by the parties hereto or those benefited hereby; provided, however, nothing herein shall deemed to be an election of remedies or a waiver • i of any other rights or remedies available at law or in equity. 1 Earemest Agrrrment Page 4 a�� • 20. ,A lfi W. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. G M. r Lawrence Stavinoha .sf�Gf/ /l/14iA Glenda Stavinoha GRANTEE: Title /_Yd ink+ �j6G� STATE OF TEXAS § COUNTY OF Ibis instrument was acknowledged before me on this S,"aday of �/ 2001, by Lai wrence uvband and wf — T LENA BAIO Lec OWY Pdit. SM a Teri C.t W C91nrM a1°; NOTARY P C IN AND FOR PTEMBER 28, 2003 STATE OF TEXAS STATE OF TEXAS COUNTY OF CAL.HOUN Ibis instrument was acknowledged before me on this L_�4day of Ma f—' 2001, by �/ent,4!.Alwrr n behalf of Calhoun County. NOTARY PUBLIC IN AND FOR STATE OF TEXAS RRA MHAIR NOTARY PUSUO STATE OPTWM Earrnuatllg7rtmtul U/Cammbtlon E�@Itriet-2&7LU8 Page 5 1.14 0.05 ACRE PROPOSED EASEMENT LAWRENCE dt GLENDA STAVINOIIA STATE OF TEXAS COUNTY OF CALHOUN Pats of the William Arnold Survey, A-2, Calhoun County, Texas. DESCRIPTION of a tract or pared of land containing 0.05 acre, more or less, situated in and a pan of the William Amid Survey, A-$ Calhoun County, Texas. Said 0.05 acm, mom or less, described as being in and a partorLot 49 of the Arnold Koop Subdivision as per the tecorded plat in Volume Z, Page 144 of the Calhoun County Plat Records and also being in and a pan of that 150 foot by 150 foot tract of land described in Volume 192, Pages 140-142 of the Calhoun County Official Records and is more fully described by metes and bounds as follows: BEGINNING at a "PK" nail set for the Northeast comer of this tract which is also the Northeast comer of the aforementioned 150 foot by 150 foot tray Said set"PK" nail bean S 130 42' 54" S. 173.13 feet from a 5/9 inch iron rod found at the Southeast comer of lot 509, Enchanted Harbor Section Two es per the recorded plat In Volume Z, Page 439 of the Calhoun County Plat Records and being in the West line of Beach Drive; THENCE, S 070 32' 33" W, (S 07" 55' 30" W, Plat Cell), with the West line of Beach Drive which is also the Past line of the aforementioned 150 foot by 150 foot tract, a distance of 98.93 feet to a 519 inch iron rod set for comer of thin tract in the East line of Lot 49 of the aforesaid Arnold Koop Subdivision; THENCE, N 070 03' 11" W, a distance of 97.72 feet to a 5/3 inch iron rod set for an Interior comer of this tract; THENCE, N 880 37 27" W. a distance 127.20 feet to a 54 inch iron rod set for comer in the West line of the aforesaid 150 foot by 150 foot tract; THENCE, N 07" 3T 33" E, (N 0715Y 30" E, Plat Call), a distance of 6.92 feet to a 518 inch imn rod set for the Northwest comer of this tract and same being the Northwest comer of the aforementioned 150 foot by 150 foot tract; THENCE, N 89' 37 03" E, (EAST, Plat Call), a distance of 150.00 feet with the North line of said 150 foot by 150 foot tract to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.05 acre, more or less, situated in and a pan of the William Arnold Survey, A-2, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey trade under my direction and supervision in April 1999, and is true end correct to the best of my knowledge and belief. DAVID W. GANN REGISTERED PROFESSIONAL LAND SURVEYOR NO.3816 NOTE: I. Bearings based on the recorded subdivision plat ofEnehantedHarbor Section Two In Volume Z, Page 439, Jab a9254.011 2. Comers are as sbown on accompanying survey plat. EXHIBIT A • • • ORDER TO ABANDON PART OF BEACH DRIVE IN ARNOLD ROOP SUBDIVISION Carol McDonald, Attorney with McDonald & McDonald, informed the Court that the Texas Transportation Code provides that the Commissioners or any interested party can move to abandon a road and the only parties who would have a right to contest it • are those whose property adjoins the tract so it is not necessary to publish notice in advance under the Code; all they need is to place it on the agenda for the meeting. A Motion was made by Commissioner Floyd and Seconded by Commissioner Galvan for the Abandonment of a 0.03 acre portion of Beach Drive adjoining Lot 2 and Lot 3 of the Arnold Roop Subdivision. Commissioners Floyd, Finster, Balajka, Galvan and Judge Marshall all voted in favor. (Order of Abandoment follows) ORDER DECLARING ABANDONMENT OF PORTION OF BEACH DRIVE WHEREAS on the 18`s day of May, 2001, the Commissioners' Court of Calhoun County, Texas, considered the request of certain Calhoun County property owners to abandon a 0.03-acre portion of the road designated as Beach Drias on the plat of the Arnold Koop Subdivision in Calhoun County, Texas, recorded at Volume Z, Page 144 of the Calhoun County Plat Records. The portion of Beach Drive to be abandoned is described by metes and bounds on Exhibit A, attached to this order and incorporated by reference; and WHEREAS Texas Transportation Code 5251.051(a)(1) vests in the Commissioners Court the • authority to abandon a public road or a portion thereof; and WHEREAS the Commissioners have not previously classified Beach Drive as a first-class or second-class road; and WHEREAS the Commissioner's order to abandon this 0.03-acre portion of Beach Drive has not been enjoined or sought to be enjoined by any party pursuant to Texas Tram portadon Code 9251.058(a); and WHEREAS the Commissioners have unanimously voted to abandon this 0.03-acre portion of Beach Drive as required by Texas Tranportation Code §251.051(b)(1); and WHEREAS the requirements of Texas Transportation Code §251.051 have been complied with in declaring this 0.03-acre portion of Beach Drive to be abandoned; and NOW, THEREFORE, on motion duly made by H. Floyd and seconded by Roger Galvan it is ORDERED and DECREED that Calhoun County does hereby abandon the 0.03-acre portion of Beach Drive described on Exhibit A. It is further ORDERED and DECREED that on the date this order is signed, title to the 0.03-acre portion of Beach Drive is hereby vested in the owners of the properties that abut the 0.03-acre tract pursuant to Texas Transportation Code §251.058(b). It is further ORDERED and DECREED that a copy of this order be filed in the Official • Records of Calhoun County, Texas, and that the duly filed copy of this order shall serve as the official instrument of conveyance of this 0.03-acre portion of Beach Drive from Calhoun County to the owners of the abutting property pursuant to Texas Transportation Code §251.058(b). Signed this 18' day of May, 2001. ,L.17 COMMISSIONERS OF CALHOUN COUNTY, TEXAS s Hon. Arlene arshaff- Calhoun County judge No. I Hoes. Michael Hon. H. Floyd Commissioner, Prerinct,No. .33 Hon. Kenneth Finster Commissioner, Precinct No. 4 ATTEST: & a.A a 6ZJ Marlene Paul Calhoun County Clerk 0.03 ACRE Pan of the William Arnold PROPOSED ROAD ABANDON1d6NT Survey, A-2, CeBmun County, Texas STATE OF TEXAS § COUN'"OFCALHOt/N § DESCRIPTION of a vast or parcel of land containing OM scar, more or less, situated in and a pan of she William Arnold Survey, A-2, Calhoun Contdy, Trans. Said 0.03 sets, mom or leas, described as being that portion of the plated roadway of Beech Drive adjacent to and West of Lots 2 and 3 of the Arnold Koep Subdivision as pv the recorded • Fix in Volume Z. Page 144 of the Calhoun County Plat Records and being roots fully described in three (3) patrols as follows: Pareel l: 124.92 Sq.FT. —Lowrance & Olenda Stavivoha - BEGDC41NG at a SIB inch icon rod an for the Northeast corner of this tired which is also the Northwest center of the aforementioned Lot 2. Arnold Kopp Subdivision. Said ter 5/B inch rod bears S 14a 04' 00"E, 171.62 feet from a SIB inch iron rod found at the Southwest comer of lot 649, Fachomed Harbor Section Two as per the recorded plot in Volume Z. Page 439 of the Calhoun Cowry Plat Records; THENCE, S Or 32' 33" W, IS 07° 55' 30" W, Plat Call), with the East line of Beach Drive which is also the West line of the afotmtmdooed Lee 2, a discrete of 5.05 feet to a point for comer, of this tract in the wort line of Len 2 of the aforesaid Arnold Koop Subdivision; THENCE, S 89° 37' 03" W, a distance of2434 fact to a point for tamer; THENCE. N 07"03' 11" W, a distance of 5.03 fort 5/8 inch iron rod set for the Northwest comer of this vest; THENCE, N 89" 37' 03" IS, (EAST, Plat Call), along the projected North Eve of Lot 2, a distance of 25.63 feet to the PLACE OF BEGINNING; CONTAINING within these men, and bounds 124.92 Sq.K. more or less. shunted in and a part of the William Arnold Survey, A -a, Calhoun County, Testa. Powell: 1,141.25 Sq.Ft—Robanaod LirdsBusby BEGINNING a a point for the Northeast comer of this tract which is in the West line of the 4foremantioned Lot 2, Amid Koop Subdivision. Said point been S 14' 04' 00" E, 171.62 feet and S 07' 32' 33" W. 5.05 feet ftoos a 5/2 inch two rod found at the Southwest corner of Lot 649. Enchanted Harbor Section Two as per she recorded plat in Volume Z, Page 439 of the Calhoun County Plat Records; THENCE, S 07a 32' 33" W, IS 07a 55' 30" W. Plat Call), with the East line of Beach Drive which is also the West line of the afmemuntioned Lots 2 & 3, e • distance of84.83 ices m a point for comer of this ttacG THENCE, S SV 37- 03" W. a distance of 2.82 feet to a point for corner, THENCE, N 07° O3' 11" W, a distance of 14.59 fed to a point for the Northwest comer of Nis tract; THENCE, S 99" 37' 03" E. a distance of 24.34 feet to the PLACE OF BEGINNING; CONTAINING within sbcu tucks and bound 1,11425 ol.B., more or less, situated in and a pan of the William Arnold Survey, A-2, Calhoun County, Texas. EXHIBIT A Pmel Ul: 15.54 sq.ft. — R. A. "Bob" Smith BEGINNING at a point far the Northeast comer of this tract which is in the West line of the afo¢mmRancd Imt 3. Arnold Koop Subdivision. Said point hem S 14" 04, 00" E, 171.62 fat and S Oi 32' 33" W, 39.29 feet form a 512 inch imn rod (mood m the Southwest comet of lot 649. Enchanted Harbor Section Two a pathe recordedplat in Volume 2. Page 419 of the Calhoun County plat Records; MENCE, S 0Y 32' 33" W, (S 076 55' 30" W, Plat Call), with the East line of • Bemh Ddwe which is alm the Wert line of the aforemco6omd Lot 3, a.dlstanee of 11.12 feet In a 5/9 inch imn tod set for comer of this tract which u dm a. Southwest coneor of [rat 3 of d. aforesaid Amold Koop Subdivision. THENCE, N Or 03' 11" W, a dinenec 11.09 feet to a point Cot the Northwest corner of this tract; THENCE, N 99e 37' 03" E, a distance of 2.02 feet to the PLACE OF BEGINNING; CONTAINING within these meta and bounds 15.54 SgYt, '- mare or less, stunted in mid a part of the William Arnold Survey, A-2, Calhoun Comity, Tess. Th. fncgo(ng DESCRIPTIONS were prepared from to actual on the gmwd survey merle under my direction and supervision in April 1999, and an; true and correct to the best of my knowledge and belief DAVID W. GANN REGISTERED PROFESSIONAL LAND SURVEYOR No. 1816 NOTE: 1. BavbW b.W on rraadN wbdi oopht etLxbanb HB Srsboe M u Veluns 2. P. 439. 1 Gann oe a..bnnv era. oo,am insn Pt¢ rma9H4a17 EXHIBIT A , 19 • • TAX ABATEMENT FOR RESIDENTIAL DEVELOPMENT — GUIDELINES AND CRTTERIA Chief Tax Appraiser Drew Hahn recommended that an Addendum be included in the Guidelines and Criteria for Residential Development Tax Abatement for Calhoun County. In Section 11, under Economic Qualification, to change the appraised value of the property to not less than 25 million dollars. He also suggested in #2, under Taxability, be changed to "property that is sold, transferred or conveyed, occupied or otherwise no longer a part of the developer's inventory." The amount is up to the Court, but if they haven't sold substantially in 5 years, they probably will not be sold. We want • the developers to get in and get out. The City gave 2 years; Mr. Hahn feels it should be shorter than 7 to 10 years. Commissioner Finster suggested adding the language to "notify us of completion date." Commissioner Floyd asked that this item be passed to allow time to study the Addendum. No action was taken by the Court. RESOLUTION ACCEPTING BID ON THE "OLD FREEZER PLANT" SITE Commissioner Floyd informed the Court that the property known as the "Old Freezer Plant" has gone up for sale(auction. The property requires clean up if purchased. He recommended that the Court accept the offer of Jerry Bastian as was done by all the other taxing entities. Drew Hahn, Chief Tax Appraiser, said in a meeting with the other taxing entities, Mr. Bastian was informed that if the site was not cleaned up, statutes would be enforced. The property will go on the tax rolls as soon as it is transferred to Mr. Bastian, basedon its condition as of January 1, 2001. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to accept the bid from R. Jerry Bastian of $1,000 on Lots 1 through 3 and Lots 4 through 9, Block F, Bayview Addition to the City of Port Lavaca, known as the "Old Freezer Plant", • being 1.21 acres. RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE WHEREAS, 1.21 Acres being Lots 1, 2 and 3 and Lots 4 through 9, Block F, Bayview Addition to the City of Pon Lavaca, Calhoun County, Texas Calhoun County, Texas was offered for sale by the Sheriff of Calhoun County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, no sufficient bid was received and the property was struck off to the County of Calhoun, Texas, pursuant to TEX.PROP.TAX CODE §34.01(c); and WHEREAS, TEX.PROP.TAX CODE §34.05(a) provides that we may accept a sufficient bid. A bid of ONE THOUSAND AND NO HUNDREDTHS DOLLARS ($1,000.00) has been made by R. Jerry Bastian and THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners Court that the County Judge is hereby authorized to convey • 1.21 Acres being Lots 1, 2 and 3 and Lots 4 through 9, Block F, Bayview Addition to the City of Port Lavaca, Calhoun County, Texas to R. Jerry Bastian for the sum of ONE THOUSAND AND NO HUNDREDTHS DOLLARS ($1,000.00) payable to the Calhoun County Appraisal District for distribution as provided by law. PASSED, APPROVED AND ADOPTED THIS lj',U day of 2001. 120 County Commissioner, Precinct 3 � 1 yam tti • �Lwo. i County Commissioner, Precinct 4 THE STATE OF TEXAS COUNTY OF CALHOUN TAX RESALE SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the County of Calhoun, acting by and through the County Judge of the County of Calhoun, Texas, hereunto duly authorized by resolution of its Commissioners' Court, and the Calhoun County Independent School District, Grantor, acting by and through the Superintendent of the Board of Trustees, hereunto duly authorized by resolution of its Board of Trustees and the City of Port Lavaca, Grantor, acting by and through the Mayor of the City of Port Lavaca, hereunto duly authorized by resolution of its governing body which is of record in the Minutes of Said Bodies, Grantors, for and in consideration of the sum of ONE THOUSAND AND FIFTY AND NO HUNDREDTHS DOLLARS ($1,000.00) and other good and valuable consideration paid by the Grantee named below, the receipt and sufficiency of which are acknowledged by Grantor, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY to R. Jerry Bastian, Grantee, whose address is Drawer 68, Port Lavaca, Texas 77979, all of the right, title and interest of Grantor and all other taxing units for which the Calhoun County Appraisal District collects taxes, who were parties to the tax foreclosure judgment against the property, which right, title and interest was acquired by tax foreclosure sale heretofore held, in and to the following property being located in Calhoun County, Texas, to wit: 1.21 Acres being Lots 1, 2 and 3 and Lots 4 through 9, Block F, Bayview Addition to the City of Port Lavaca, Calhoun County, Texas being that property more particularly described in Volume 341, Page 436 of the Deed Records, Calhoun County, Texas; Account Number R19233 TO HAVE AND TO HOLD all of its right, title and interest in and to the above described property and premises unto the said Grantee, R. Jerry Bastian his heirs and assigns forever, and Grantors bind themselves and their heirs, personal representatives, successors, and assigns to warrant and forever defend all and singular the property to Grantee and his successors and assigns against any and all claims for taxes assessed by any taxing unit to this date, subject to the provisions stated below, by, through, or under Grantors, but not otherwise. The Grantors and all the taxing units involved in this conveyance exclude and except any warranties, express or implied, regarding the Property, including, without limitation, any warranties arising by common law or Section 5,023 of the Texas Property Code or its successor. They have not made and do not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to the quality or condition of the property, the suitability of the property for any and all activities and uses which Grantee may conduct thereon, compliance by the property with any laws, rules, ordinances or regulations of any applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and specifically, Grantors do no make any representations regarding hazardous waste, as defined by Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property. The property is hereby sold, transferred, and assigned to grantee "as is" and "with all faults". TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the provisions, stated above, to Grantee, R. Jerry Bastian, his successors and assigns forever, without warranty of any kind. 0 • 0 is IN TESTIMONY WHEREOF, County of Calhoun, Texas pursuant to Section 34.05(b) of the Texas Tax Code has caused these presents to be executed on this the /J''h day of A.D., 2001. County of Calhoun, Texas Grantor Arlene N. Marshall ounry Judge STATE OF TEXAS COUNTY OF CALHOUN BEFORE ME, the undersigned authority, on this day personally appeared Arlene N. Marshall , County Judge of the County of Calhoun, Texas known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of �7 A.D., 2001. Notary Public in and for the State of Texas My commission expires /-Zl& AIR QUALITY IN COURTHOUSE This agenda item was passed. SURPLUS BRICK FROM OLD JAIL This agenda item was re -set to May 31, 2001 gyp° ° • RITA MILLER o y^ NOTARY PUBLIC GGGVVV STATE OF TEXAS "Foa �`�'' idv fog-^:Ksion bons07-26-2003 EMERGENCY MEDICAL SERVICE FACH rfY — REPORT FROM ARCHTPECT Morgan Spear of Morgan Spear and Associates, Architects, gave a report on the County's proposed Emergency Medical Service Facility. The Contract with the County is to study • three different sites — one on Alcoa Drive, one on Highway 3084 (Half League Road) and one on Highway 1090 (Six Mile Highway). He mentioned elevation, utilities, amount of land needed and type of building needed to be durable during all weather conditions. He did not recommend a multi -story structure. His estimated total cost is 1.8 million dollars. Commissioner Balajka requested that each of the Commissioners receive a set of plans. No action was taken by the Court. Construction Cost Estimate EMS Facility Calhoun County Project No. 21201 May 18, 2001 1. General Earthwork Excavation ................................. $ 146,000 2. Building pad Preparation ........................................... (In Item 1) 3. Misc. Site Preparation...............................................(In Item 1) 4. Site Utilities............................................................... $ 4,500 5. Site Electrical............................................................ $ 3,500 6. Landscaping & Irrigation ........................................... $ 16,000 7. Site Concrete Paving ................................................. $ 96,000 & Soil Termite Treatment ............................................. $ 3,550 9. Precast walls.............................................................. $192,630 10. Concrete Slab Foundation ......................................... $ 227,328 11. Concrete Columns & Beams ..................................... $ 7,500 12. Masonry Interior........................................................ $ 41,267 13. Structural & Misc. Steel ............................................ $ 4,000 14. Concrete Hollow Core T&G Roof Decking .............. $ 77,282 15. Finish Carpentry At Millwork .................................... $ 26,000 16. Roofing...................................................................... $ 82,000 17. Sheet Metal................................................................ $ 3,000 19. Caulking.................................................................... $ 4,356 19. Doors & Frames........................................................ $ 6,840 20. Overhead Doors (Elec. Operated) ............................. $ 12,510 21. Glass & Glazing...-.....-... ..... ............... .................. $ 30,000 22. Finish Hardware........................................................ $ 6,270 23. Lath & Plaster............................:............................... $1,200 24. Drywall & Insulation ................................. _.............. $ 13,356 25. Ceramic Tile.............................................................. $ 7,260 26. Acoustical Ceilings .................................................... $ 10,790 27. Concrete Stain & Sealing ..........................................$ 6,000 28. Painting CMU........................................................... S 13,324 29. Painting Concrete...................................................... $ 6,000 30. Storm Shutters........................................................... $ 17,145 31. Fencing & Lighting (Heliport) .................................. $ 7,500 32. Metal Lockers............................................................ $ 4,050 33. Toilet Partitions and Ace ........................................... $ 3,100 34. Louvers & Vents ..... ---- ..................................... ..... $ 2,500 35. Signage...................................................................... $ 4,000 36. Flag Pole.................................................................... $ 3,500 37. Projection Screen ....................................................... $ 2,500 38. Sound Systems.......................................................... $ 4,800 39. Furnishings (Shades) ................................................. $ 2,000 40. Fire Protection........................................................... $ 3,000 41. Plumbing...................................................................$ 32,000 42. HVAC........................................................................$ 75,000 43. Electrical.................................................................... $ 113,664 44. Generator (Natural Gas) ................ .......................... :. S 75,000 Sub Total: ....... ......... .... ............ $ 1,398,212 45. General Conditions 7.5%.......................................... $104,865.90 46. Bond 2.1%................................................................ $ 31,564.64 47. O.H. & Profit 8%...................................................... $ 122,771.40 Total Estimated Construction Cost ............................. $ 1,657,413.94 48.Other Cost: A. Architects Fee 6.5%....................................... $ 107,731.91 B. Off site Utilities .............................................. $ 3000 C. Furniture ............................ I ........................ I... $ 31,000 D. Phone System ................................................. $ 6,900 MORGAN SPEAR ASSOgNFS INC. ARCHItECIS PLANNERS 225 S.CARANCAHUA CORPUS CHRISM, 7DW 79401 PHONE 361-893-SM FAX 361-883.9204 • • • 23 BOND ELECTION FOR NEW EMERGENCY MEDICAL SERVICE FACILITY Commissioner Balajka discussed the Order regarding the Bond Election for the new Emergency Medical Service Facility. He stated that he and Henry Barber with EMS met with Ann Berger who represents the County in financial matters and they also spoke with Commissioner Floyd regarding the costs. The bonding company handles this and if the Bond Election does not pass, we owe them nothing. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to •' pass an Order authorizing and directing the County staff, financial advisor and bond council to prepare a plan of finance and other documents related to calling a bond election for a new Emergency Medical Service Facility. Commissioners G31van, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ORDER AUTHORIZING AND DIRECTING THE COUNTY's STAFF, FINANCIAL ADVISORY AND BOND COUNSEL TO PREPARE A PLAN OF FINANCE AND OTHER DOCUMENTS RELATED TO CALLING A BOND ELECTION FOR A NEW EMERGENCY MEDICAL SERVICES FACILITY THE STATE OF TEXAS $ COUNTY OF CALHOUN ¢ WHEREAS, the Commissioners' Court of Calhoun County, Texas is considering constructing a new facility for the County's Emergency Medical Services (the "EMS Facility') and has received information from architects with respect to proposed plans and construction costs; and WHEREAS, the Commissioners' Court hereby determines that it is necessary and desirable to finance the EMS Facility with the issuance of a series of general obligation bonds if such bonds are approved by the voters of the County; and WHEREAS, the Commissioners' Court hereby further determines that it is necessary and desirable to direct and authorize the County's staff and professional advisors to prepare a plan of finance and other documents related to calling a bond election in connection with financing the EMS Facility; and WHEREAS, it is hereby officially found and determined that the meeting at which this Order was adopted was open to the public and public notice of the time, place • and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS THAT; SECTION 1. AUTHORIZATION OF STAFF AND_PROFESSI ADVISORS. The County's staff and the County's financial adviser (First Southwest Company) and Bond Counsel (McCall, Parkhurst & Horton L.L.P.), are hereby authorized to take all actions necessary to develop a plan of fmance and prepare documents related to calling a bond election for Saturday, August 11, 2001 to approve the issuance of general obligation bonds to construct the EMS Facility. SECTION 2. INCORPORATION OF RECITALS. The Commissioners' Court hereby finds that the statements set forth in the recitals of this Order are true and correct, and the Commissioners' Court hereby incorporates such recitals as a part of this Order. SECTION 3. EFFECTIVE DATE. This Order shall become effective immediately after its adoption, PASSED AND APPROVED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS AT A REGULAR MEETING ON MAY 18, 2001 ATTEST: MW County Judge EMERGENCY — ACTIONS AEGARDING STACHYBOTRYS FUNGUS FOUND IN COURTHOUSE ALTERNATE SUE FOR COURTROOMS — TEMPORARY OFFICES OF , DISTRICT CLERK AND COUNTY COURT AT LAW JUDGE — RELOCATE INMATES DURING REMEDIATION OF FUNGUS FOUND IN COURTHOUSE The emergency and urgent public necessity requiring this Supplemental notice is as follows: Stachybotrys Fungus has been found in the "hot deck" above the office of the District Clerk and this fungus can be dangerous to human health of people at risk. Because of the health danger, this county has contracted with a company to remove the fungus, but such removal activity requires the closing of most of the second floor of the courthouse during the removal process to avoid the health hazard of human contact with the fungus as it is being removed and to clean the area. The court was notified on May 15, 2001 of the immediate need to remove the Stachybotrys Fungus and to close areas of the second floor that include the office of the Judge of the County Court at Law No. One, the District Clerk and both the District and County Court at Law courtrooms. The County Building Superintendent was advised by representatives from Health and Safety Management, Inc., Bain C. Cates, M.D., and Davonna Koebrick, LMSW, DR, Environmental Health Inspector, of the Crossroads Public Health District, representatives from American Insulation and Abatement and Dr. Burra of Gemini Laboratories, Inc. that it will be necessary to remove jail inmates to another location during the clean up and remediation. It is an urgent necessity to designate alternate offices and courtrooms to allow the continued functioning of the District Court and County Court at Law Court and to temporarily remove jail inmates to facilitate the removal of fungus and clean up. Judge Marshall stated that the District Clerk will set up temporary operations out of the • EOC and Judge Hernandez is currently located across from the Courtroom. Their offices will be cleaned out and will be relocated. Court will be held in the grand jury room at the Annex. Dan Heard, District Attorney, said the State law designates that county government be held at the county seat and asked that the Ag building auditorium and the Exhibit Building be designated as site for County Court at Law #1 and District Court as an emergency measure if courtrooms are not available. Judge Marshall said that only the courtrooms, District Clerk's office and County Court at Law Judge's office ate closed off in the courthouse at this time. Commissioner Floyd gave a report on alternate sites for county offices. School Facilities have been offered at no cost and school will be out for the summer and Harrison School is not functioning during the summer. Costs will be only infrastructure and phones. Other sites cited were the old post office, Cornerstone School, Memorial Medical Plaza, and the Formosa office building on the Loop. A Motion was made by Commissioner Finster and Seconded by Commissioner Balajka to designate the Agriculture Building and the Exhibit Building at the fairgrounds and the Commissioners' Courtroom and Grand Jury Room as alternate sites in Port Lavaca, Texas for use as courtrooms for both District Court and County Court at Law No One for • civil, criminal and juvenile matters. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to designate temporary office space of the District Clerk and any other county departments as necessary to Memorial Medical Plaza. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. In discussion, consideration of rent reimbursement to the Memorial Medical Center was referred to the County Auditor who would look into the matter and advise the Judge. • Commissioner Balajka, Tim Smith and Sheriff Browning informed the Court of the JaMmnate Relocation situation. Commissioner Balajka said that moving inmates was not a part of the remediation but in dealing with insurance, the source of the problem has to be eliminated. Commissioner Galvan said that an insurance adjuster is coming on Monday with recommendation. No action was taken regarding the jail/inmates. JaiUlnmate,Relotation Report 05-1"1 Locally Maintained Responsibilities 1) AD arreatees magistrated in Calhoun County. 2) All booking sheets, medical screening, classification records provided to VCSO. 3) Jail clothing provided and inmates changed out at CCSO. 4) Al Inmate property stored at CCSO. H. Locally Needed Facilities 1) Booking otfice with current equipment operational. 2) Reshoomistorage area for employees equipment 3) Kdchen 4) 2 female cells (one for detox) 5) 2 male colts (one for detox) 6) 1 separation cell with shower/tollet/sink/bed 7) Inmate property room 8) Jail clothing storagetcleaning area 9) Sailyport area -transport vehicle parking Ill. Staff • All Jail staff retained. 1 Adminr 6 Jailers/ 1 Cook IV. Costs 1) Inmate housing at VCSO 8o inmates X $38.48/day = $3078.40 per day $3078.40 X 30 days = $92,352.00 per month $92,352.00 X 12 months = $1,108,224.00 per year 2) Daily cost per inmate total ooeratina costs ave, dailypopulation x 365 = per diem $1,711,910.90 80 x 365 _ $58.62 per day (currently $38.48) Proposed Jail Operating Budget $1,711,910.90 2000 Jail.Opereting Bildget �: 999 t)49.B0 Increase Jail Expense -$ 712,061.10 Proposed Out of County Expense $1.108.224.00 • 2000 Out County Expense A 380,339.42 Increase Out of County Expense $ 727,884.60 When Calhoun County Jail ceases to Operate, commissary and )ail telephone revenues *0 Geese. Celhoun.Cou ttyas llettlefiorpur'dtese of Golden Eagle Inmate Management System financed by Total Telephone Concepts, Inc. Total Telephone Concepts, Irrc. currently receives$t;478,22 per month. We currently owe approx. $24,000.00 on the computers and software system. toot On November 30, 2000, Commissioner Belk made a Motion which was Seconded by Commissioner Balajka to Abandon and Vacate a portion of Beach Drive in Precinct One with Designation it be Incorporated into the Minutes.. This was placed on the May 18, 2001.Adjeuda to Clarify the. Motion concerning the area designated as Parkway in • the middle of Beach Drive on the plat of Bayside Beach Unit 2 Subdivision and the Abandonment of same. Commissioner Finster, who was previously asked to review the matter, stated that Beach Drive was actually like a Boulevard and that "Parkway" was actually a median between the two and not a Park. He said there was confusion about it being a Park and there is a different prodedure for aboudoning,a park but this could be clarified,. Commissioner Finster moved and Commissioner Balajka seconded that we Clarify the Motion of November 30, 2000 so as to Abandon and Vacate the Roadway labeled Beach Drive on the map and plat of the Bayside Beach -Unit 2 Subdivision in Precinct One along with the tract of land designated as Parkway on the map and plat of Bayside Beach, from its point of origin at State Highway 316 to its ending at Blind Bayou, a.distance of approximately fifty (50) feet along the property line of Michael A. & Margaret P. Dobbins, which rums the length of the Roadway with Designation it be Incorporated into the Minutes and that this Entry of the Court be Approved for recording a Certified Copy of same in the Calhoun County Real Estate Records (the following is the application of property owners, Michael A. and Margaret P. Dobbins, who bought the property from Joe M. and Abby P. Birdwell, with Attached Exhibit A). Commissioners Commissioners Finster, Floyd, Balajka and Judge Marshall all voted in favor. Commissioner Galvan abstained for lack of information. • TO THE HONORABLE COMMISSIONER'S COURT OF CALHOUN COUNTY: We, Mike and Peggy Dobbins, are the owners of the property abutting the roadway known as Beach Drive on the map and plat of the Bayside Beach Unit 2 Subdivision and we hereby request that the Court abandon and vacate the roadway labeled Beach Drive (the "Roadwan along with the tract of land designated as Parkway on the map and plat of Bayside Beach, from its point of origin at State Highway, 316 to its ending at Blind Bayou, a distance of approximately fifty (50) feet when the measurement is taken along the property line of our property, which runs the length of the Roadway. This request for the Roadway to be abandoned and vacated is to aid in establishing and keeping clear title to property as illustrated by the survey attached as Exhibit A The Roadway has never been constructed and is not necessary as a means of ingress and egress. Having given proper notice as specified by Section 251.052 of the Texas Transportation Code, we ask the Commissioner's Court, under the powers granted to it under Section 251.051 of the Texas Transportation Code, to consider this application for abandonment and for vacating Beach Drive and issue an order granting said request to abandon and vacate. Notices were, posted at the door of the Calhoun County Courthouse at the Port Lavaca Post Office and at the site of the Roadway. Said notices were posted on ov. (+ e11I0Q Ali requirements imposed by the Texas Transportation Code have been complied with. Section 251.052 of the Texas Transportation Code requires the signature of one property • owner in the precinct if the application is for any change in a roadway, other than discontinuing the road. Accordingly, we --Mike and Peggy Dobbins --hereby sign this application as property owners in the precinct. / Respectfully Submitted, Mike P bins A/K/A Michael A. Dobbins A/K/A Margaret P. 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T[MAS TTO►7 n.0 in io11 , OF , rvvulr.e•r A RESOLUTION OPPOSING THE REDISTRICTING PLAN A Motion was made by Judge Marshall and seconded by Commissioner Galvan to adopt the following Resolution Adamantly and Unqualifiedly Opposing Redistricting Plan Approved by the Redistricting Committee of the Texas House of Representatives; An • Urging in the Strongest Possible Terms that the Texas Legislature Reject the Plan and that the Governor Veto the Plan if Passed. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor; Commissioner Floyd abstained for lack of information. RESOLUTION ADAMANTLY AND UNQUALIFIEDLY OPPOSING REDISTRICTING PLAN APPROVED BY THE REDISTRICTING COMMITTEE OF THE TEXAS HOUSE OF REPRESENTATIVES; AN URGING IN THE STRONGEST POSSIBLE TERMS THAT THE TEXAS LEGISLATURE REJECT THE PLAN AND THAT THE GOVERNOR VETO THE PLAN IF PASSED WHEREAS, the Redistricting Committee of the Texas House of Representatives has approved the Committee Substitute to House Bill 150 which approves Plan 01063H (the "Plan"); and WHEREAS, the Plan greatly restricts the vital interests of Calhoun County, which include our coastal industries, port facilities, tourism, development and environment; and WHEREAS, the Plan would create a gerrymandered House of Representatives District 32 lacking any pretense of being compact and continuous; and WHEREAS, the proposed, gerrymandered District 32 is separated from Calhoun County by Jackson County which serves no apparent useful purpose; and WHEREAS, it is in the best interest of Calhoun County to be included in District 30 due to shared interests and projects, existing interlocal agreements for miscellaneous services, industry, and its geographical location; and WHEREAS, separation from District 30 destroys the traditional community of interest of Calhoun County as it has been historically represented in the Legislature, and permanently diminishes legislative representation of the vital coastal interest of the Coastal Bend; and WHEREAS, the proposed, gerrymandered District 32 is unwise, unfair to Calhoun County, and probably illegal. NOW, THEREFORE, BE IT RESOLVED BY CALHOUN COUNTY • COMMISSIONERS' COURT, TEXAS, THAT: SECTION 1. Partisan advantage is not a consideration in the proper configuration of District 32 and is specifically not the concern of the Calhoun County Commissioners' Court; the critical concern is the future proper representation of our community of interest regardless of which candidate the voters choose to select. SECTION 2. Calhoun County Commissioners' Court adamantly and unqualifiedly oppose the plan. • SECTION 3. Calhoun County Commissioners' Court, in the strongest possible terns, urges that the Texas legislature reject the Plan, and that the Governor veto the Plan if passed by the Legislature. SECTION 4. The County Judge is directed to convey the County's opposition to the Plan to the Texas Legislature, the Governor, and other interested state and local officials. PASSED AND APPROVED by Calhoun County Commissioners Court on this the 18t' day of May, 2001. h*\S�a�dt,Eflfx�o ,.,. Marlene Paul, Calhoun County Clerk � V �iZCO.fif�C.C.tZ �� APPROVED Ar ne N. Mars all, County Judge RADIO-MOSTAR UNIT IN PRECINCT #4 — SURPLUS/SALVAGE A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to declare a Radio-Mostar Unit, Inventory No. 24-0096; Serial No. 436HMJ0889 as • surplus/salvage and remove from Precinct #4 inventory. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. SONY CELLULAR PHONE AND BATTERY PACK IN COUNTY JUDGE'S OFFICE — SURPLUS/SALVAGE A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to declare a Sony Cellular Phone with Battery Pack, Inventory No. 401-0038; Serial No. 0165874-esn and Nokia 232 Cellular Phone, Inventory No.401-0045; Serial No. 0064660 in the County Judge's Office as salvage. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. COUNTY TREASURER — J.P. #1— J.P. #3 — MONTHLY REPORTS The County Treasurer and J. P. s 91 and #3 presented their monthly reports for April, 2001 and after reading and verifying same a Motion was made by Commissioner Balajka and seconded by Commissioner Finster that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED — COUNTY Claims totaling $161,875.60 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by • Commissioner Balajka that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. �30 BUDGET ADJUSTMENTS — SHERIFF — JAIL — LIBRARY BUILDING MAINTENANCE — R&B #1— CONSTABLE PCT. 0---DISTRICT ATTORNEY A Motion was made by Commissioner Balajka and seconded by Commissioner Finster that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BIIDGET AMENDMENT REQURST I To: Calhoun County Commissioners' Court From: _ ,A a 0A, (Departm t making this request) Date: _ -I1 , I request an amendment to the budget for the year -- following line items in my department: GL Account^#� tp6 l o Amendment �^ Account ^Name -_`Amount q Net change in total budget for this department is: Other remarks/justification: C aavaaaagaaaa Reason��"r 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): 0 • • 31 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: . Q • (Department making this request)' Date: I request an amendment to the p budget for the year following line items in my department: GL Account_#_ -51 Iwo OQ— to("l]I.lD Account Name Net change in total budget for this department is: Other remarks/justification: Amendment Amount a� ¢a¢aaaaaaaaaa Reason 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): • �"32 • BUDGET AMENDMENT REQIIEST To: Calhoun County Commissioners' Court From: Pi1M" (Department making this request) Date: 5_ 1 �_0l I request an amendment to the ca(30 I budget for the year following line items in my department: Amendment GL Account # Account Name Amount )uo- 6(0�iB . lAr�l °I Net change in total budget for this department iss Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: • Date posted to General Ledger account(s): a33 BUDGET AMENDMENT REQ EST q To: Calhoun County Commissioners' Court • From: Z��.- p.JMJ.x�/1�.Q,(�_ (A AA AIM Lo/ (Department making this request) Date:_' I request an amendment to the budget for the yea following line items in my department: GL^Account ^#� I o� I(Qio I-Io— 61c130 Account Name O poi Net change in total budget for this department is: Other remarks/justification: Amendment Amount ------------- 5a5 51 Y uq aaaaaaaaaaaaa ------- Reason— ---- L. "z 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): • 134 11 BUDGET.AME2dDMENT RE2 IIE3T To: Calhoun County Commissioners' Court From: � Iti DA 1 4 (Department making this request) Date: I request an amendment to the l 1 budget for the year following line items in my department: {{GL�t(rAccount _#� I �l0 Account ^Name �� S-It C, �e Net change in total budget for this department is: Other remarks/justification: Amendment ^�Amount�^�� 5 Reason 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): • • i35 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: N, f De7c 3 • (Department making this request) Date: I request an amendment to the budget for the year following line items in my department: GLwAccount �#_ w- o 03 • Amendment _ Account Name �^ Amount Cku Net change in total budget for this department is: aaaaaaaaavaaa Other remarks/justification: y^-^_-^Reason 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): • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: Criminal District Attorney (Department making this request) Date: Hu 14, 2001 I request an amendment to the 2001 ' budget for the year following line items in my department: GL Account 510-66980 510-53020 ---Account-Name--- Witness Fees Office Supplies Net change in total budget for this department is: Other remarks/justification: Amendment ---Amount + $300.00 - $300.00 $ 0.00 u Reason ----- to pay for expert court testimonv of Dr. Roberto J. Bayardo (State vs. Jimmy Garza Delgado, Jr.) • I understand that my budget cannot be amended as requested until Commissioners, Court approval is obtained Signature of official/department head: 2_ f Date of Commissioners' Court approval: • Date posted to General Ledger account(s): 00 c� Fund Effective Code Date Fund Title 1000 5/10001 GENERAL FUND 1000 5/182001 GENERAL FIND 1000 5/18/2001 GENERAL FUND 1000 5/18/2001 GENERAL FUND 1000 5/182001 GENERAL FUND 1000 5/182001 GENERAL FUND 1000 5/182001 GENERAL FUND 1000 511=001 GENERAL FUND 1000 5/1812001 GENERAL FUND 1000 5/182001 GENERAL FUND 1000 5/I82001 GENERAL FUND 1000 5/18/2001 GENERALFUND 1000 5/10001 GENERAL FUND 1000 5/182001 GENERAL FUND 1000 51=001 GENERAL FUND 1000 5/191200/ GENERAL FUND 1000 5/182001 GENERAL FUND 1000 5/182001 GENERAL FUND Total GENERAL FUND 1000 Report Total CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPENDADJUST.FOR 5/1&01 Transaction Description REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL Dept Title LIBRARY LIBRARY BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE JAIL OPERATIONS JAIL OPERATIONS DISTRICT ATTORNEY DISTRICT ATTORNEY ROAD AND BRIDGE-PRECINCTAI ROAD AND BRMOE-PRECINCTNI ROAD AND BRIDGE -PRECINCT Nl ROAD AND BRIDGE -PRECINCT Ml ROAD AND BRIDGE-PRECINCTBI CONSTABLE -PRECINCT M3 CONSTABLERRECINCT 83 SHERIFF SHERIFF PPROVED MAY 18 2001 GL Title MEAL ALLOWANCE TRAVEL OUT OF COUNTY TEMPORARY OVERTIME RETIREMENT MEAL ALLOWANCE TRAINING TRAVEL OUT OF COUNTY GENERAL OFFICE SUPPLIES WITNESS FEES TEMPORARY SOCIAL. SECURITY WORKMENS COMPENSATION FEDERAL/STATE UNEMPLOYMENT ROAD & BRIDGE SUPPLIES LAW ENFORCEMENT SUPPLIES AUTO ALLOWANCES MEAL ALLOWANCE TRAINING. TRAVEL OUT OF COUNTY 1rcream Dect c 43.00 43.00 574.00 525.00 49.00 28.00 28.00 300.00 300.00 3,000.00 230.00 182.00 17.00 3,429.00 109.00 109.00 49.00 49.00 4,532.00 4,532.00 4,532.00 4,532.00 O.m.smnoor • • P•, i • GENERAL DISCUSSION Commissioner Finster, responding to the information received on Monday from Oscar Hahn concerning a dam to be built on Two -Mile Creek, informed the Court that they flew over the area and there is no dam. County Auditor Comiskey received notification from the County's auditors that the auditors for the hospital are taking exception to their report on a concerned basis. It may be that the hospital will no longer continue to operate at the rate they are going. The County's auditors requested the Court check into this or speak to the hospital board about it. Judge Marshall said there is a hospital board meeting scheduled for Tuesday. Judge Marshall told the Court that there is $510,064.00 from the Coastal Impact Assistance program designated to Calhoun County. Assistance is needed to spend the money and an answer is needed Tuesday morning. Judge Marshall stated that Don Holder with the VFW has invited the Court to their Awards Dinner and Program tomorrow afternoon at 6:00 P.M.; a dance will follow the Awards Program. THE COURT ADJOURNED AT 12:25 P.M. SPECIAL MAY TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD MAY 24, 2001 BE IT REMEMBERED, that on this the 24th day of May, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 4:00 P.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finstet Shirley Foester County Judge Commissioner, Pet. 1 Commissioner, Pct. 2 Commissioner, Pet, 3 Commissioner, Pet. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan and others had previously met with representatives of Adjusters International, Inc. concerning the insurance claim for damages incurred by the 50-year- old courthouse during the recent storm. Commissioner Galvan recommended that the County retain their services. The fee is I0% and anything higher would be negotiable. Commissioner Finster wondered if this could be allowed without taking bids and County Auditor Ben Comiskey asked if this is an emergency. Judge Marshall replied that the incident was an emergency but the meeting is not. Charlie Crober, Building Superintendent, stated that he had spoken to an insurance adjuster who said there was no hail at the fairgrounds, just hard rain. Charlie does not have the adjuster's report yet. On the fairground pavilion the adjuster wants to cover just a few panels; would not do a whole roof replacement. • • • 0139 • • Commissioner Galvan said if you don't agree with their reports, you negotiate with them as the report has to be approved. The independent adjuster will check to see what things are damaged and make recommendations. This is a hailstorm at the courthouse —make sure we are covered where we need to be. If we retain the independent adjuster, they will be here Tuesday. Commissioner Floyd suggested that the insurance adjuster comes in first and if you don't agree, get your independent adjuster. Charlie Crober related that the adjuster said the hail did not cause the damage. Judge Marshall reminded the Court that the courthouse and fairgrounds are two separate things. Commissioner Galvan said the independent adjuster is totally independent from anybody — they see all the problems and work for your benefit but with the regular adjuster. They resolve the case together. If that doesn't work, they go to arbitration. The independent adjuster will get samples and send them to a lab and have proof. A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to enter into an Agreement with Beneke Adjusters International, Inc. regarding any of the storm damage and with the problems in the courthouse and authorize the County Judge to sign. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ® ADJUSTERS INTERNATIONAL SERVICES AGREEMENT INSURED, retains ADJUSTERS INTERNATIONAL, INC., to measure its loss, and present the INSURED'S claim to the insurance company(s) for damage occuring on or about 5151 D t that was sustained by INSURED'S property located at o ca N Q,s 10 ;`PATE INSURED agrees to pay and assigns to ADJUSTERS INERNATIONAL, INC. for its services, kReeh IOYo 0 percent () plus sales tax of the amount or otherwise recovered. Effective this date and time: 11�:tN z 200 / — 4101 yr INSURED i�0ee7 &e" • a? // 5', 3n L AD0REES�SS A/1Z44/(11tCl. , % 7 f 7i BY: C^ / / &Atq�'7 Yellow to Clwnt RV1N1 ADJUSTERS INTERNATIONAL, INC. 1-713D N. 3.(/,;e PwkI LOCAL OFFICE b�II4s, )( BY: 5E , (k,�Cft Pink toMiuslem lnlemellonal CorW.te H.Wgtoinen Whm to Adjustent lntemaWo.1 local oboe `40 SPECIAL MAY TERM HELD MAY 31, 2001 THE STATE OF TEXAS § • COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 31st day of May, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pet. 2 H. Floyd Commissioner, Pet. 3 Kenneth W. Finster Commissioner, Pct. 4 Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. EMPOLYEE OF THE MONTH The Employee of the Month was unable to attend; rescheduled for June I Ith MEMORIAL MEDICAL CENTER — MONTHLY FINANCIAL REPORT • Saad Mikhail presented the following monthly report for Memorial Medical Center, stating the hospital is underbudget in expenses and overbudget in revenue. Mr. Buzz Currier stated if the depreciation is not shown, the hospital is making money, if shown, the hospital is losing money — a loss of $243,000. He went on to discuss the financial and employment situation of the hospital. MEMORIAL MEDICAL CENTER YEAR-TO-DATE SUMMARY APRIL 30, 2001 OPERATING REVENUE 5,731,813 LESS: OPERATING EXPENSES (5,217,715) 434.090 CHANGE IN INVESTMENT: Acoounts Receivable- (277.741) (Ina) Dea Accounts Payable- (24,257) (Ina) Dea Prepaid Expense- (22,967) (Ina) Dea Inventory (41,852) (368,817) TOTAL INVESTMENT CHANGE • (INCR) DECR 67,281 PLUS: Depreciation 677,552 ContrmuGon to the County 0 744.833 PLUS: CountySubsidies (EMS) 434,000 TOW Cash- 1,178.833 Incr(Dea) LESS: Equipment Purchases (61,339) NET CASH- [NCR (DECR) 1,117,494 d�� • • • MEMORIAL MEDICAL CENTER PORT LAVACA, TEXAS PHYSICIAN'S ANALYSIS REPORT APRIL 30, 2001 YTD YTD YTD REVENUE CONTRACTUAL WRITE-OFF NET REVENUE NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT APOSTOL, C.F. 63.453.73 325,353,91 87,383.61 25,214.93 212,755.37 65% WILLLIM, G.A. 52,671.59 336,702.93 lIZ614.31 26,094A8 197.994.14 59% LIN, M.S. 123,979.66 497,687,06 145,393.27 38,570.75 313,723.04 63% SMITH, J.K. 65,020.89 295,091,45 60,975.73 22,869.59 211,246.13 72% PENTECOST, L.V. 10,200.86 37,757S0 8,514.40 2,926.24 26,317.26 7011/ MCFARLAND, T.R. 172,097.32 906,228.24 256,581.30 70,232.69 579,41425 64% GRIFFIN, JEANNINE 22,536.40 142,554.69 47,517.01 11,047.99 83,989.69 59% BUNNELL, D.P. 249,383.85 1,125.061.06 432,192.04 87,192.23 605,676.79 54% ROLLINS,L 34,651.38 225,763.65 45,833.61 17,4%.68 162,433.36 72% ARROYO•DLAZ,1- 216,210.81 708,182.78 236,707.70 54,884.17 416,590.91 59% GILL, J. 111,617.79 374,565.64 105,875.21 29,028.84 239,661.59 64% O.OD 0.00 0.00 0.00 0.00 0% CUMMINS, M. 39,501.48 186,742.14 33,845.85 14,472.52 138,423.79 74% RUPLEY, M. 14,177.99 77,944.44 13,095.19 6,040.69 58,908.55 75% LEE,1 42,548.24 215,112.99 92,385.80 16,671.26 106,055.93 491/ LE, NHI 94,423.46 345,006.94 55,763.56 26,738.04 262,505.34 76% CARAWAN, S. 123,369.66 352,495.34 93,017.99 27,318.39 242,158.% 6954 STEINBERG, R. 91981.91 48,867.56 4,374.04 3,787.24 40,706.29 83% RAMOS LABORATORY 594.54 1,880.90 0.00 145.77 1,735.13 92% VISITING PHYSICIANS 234,436.97 646,205.95 122,668.95 50,080.96 473,456.04 731% ER PHYSICIANS 400,294.60 1,658,493.48 242,366.65 129,533.24 1,287,593.59 78% NO LOCAL PHYSICIAN 21,64950 308,787.92 708.96 23,931.06 284,147.89 92% OTHER 456,799.71 1,649,653AO 142,576.90 127.331.19 1,379,745.31 84% TOTAL 2,558,602.34 10,466,140.37 2,330,392.09 810,608.93 7,325,139.36 70% ICOUNTYTREASURER'SREPORT IMONTHOFI 'APRILS001 I FUND FUND BALANCE AECUM I DISSUASEMENTS I FUNDB.ILANCE P1 OPERATING O S479,6N.87 51,38],72I1 31,361 b53.79 f4d5,7t3./1 MEMORIAL 14,592,92 756.19 0.00 15739.01 INDIGENT 12,594.88 21.ti I2,637.30 HEALTHCARE HEALTHCARE 67,Ti1.67 3.14 6t,e30.00 CONSTRUCTION CONSTRVCION 4,867�156.19 64,156.19 314.t6 0.00 370.81 65 6{,370.65 CERTDICATT3OF0812000NSTRUCTION 2.379./0 7.95 0.00 2796.35 CERTMCATFSOFOBUGINTA5KO 3621 0.00 _. .... 0.00 _ 3621 CALHOUN COUNTY TEXAS COUNTY TREASURER'S REPORT •APRIL2001 AANSAECONaLUTION LESSICRAL FOND OFDEPASTT PLUS: CHECw AANE FUND BALANCE OTHER ITEMS OUTSTANDING AAIANCE MEMORI MWICALCFMER- td5,743.44 274AW.11 760,640.55 OPFRATING 15.339.01 15,339.01 MEMORIAL RESTRICTED DONATION 12,637.30 12.637.30 INDKIEWHEAUIHCARE 355.81 1.700.93 CONSTRUCTION 64,370.0 61.95&64 65 CERT OF OBUO CONSTRUCTION 2796.35 2,366.35 36.21 CERT OF OBLIG 04TMOT l SINIUNO 3621 0.W � ^ 2 CONTRACT FOR J li FEASIBII.rrY STUDY Judge Marshall received the jail feasibility study voting summary from Commissioner Galvan only. She will ask the Study Committee to evaluate. APPOINTMENT OF JAIL FEASIBILITY STUDY COMMITTEE Judge Marshall asked each Court member to submit the name of someone to serve on the • Jail Feasibility Study Committee. The following were named: Commissioner Balajka named Fred Knipling Commissioner Galvan will FAX a name in later Commissioner Floyd named Tom Innis contingent upon his acceptance Commissioner Finster named Mike Pfeiffer Judge Marshall named Billy Bauer, Jr. and designated him as Chairman ADDENDUM TO THE GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to Adopt the Addendum to the Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County dated 5-31-2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • Addendum to the Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County Section 11 A. Authorized Tax Abatement Categories: Calhoun County Commissioners' Court may grant tax abatement for any of the following residential development projects: 1. New single family residential housing projects; 2. Multi -family housing projects; and 3. Apartment projects. B. Creation of New Value: Abatement may only be granted for the additional created value of eligible property improvements made and listed in an agreement between Calhoun County and the developer/builder, subject to such limitations as the Calhoun County Commissioners' Court may require. C. New and Existing Projects: Abatement may be granted to new projects and additions to • existing projects to the extent that the additions meet the guidelines. D. Eligible Property: 1. Increased land value as a result of site development facilities such as streets, potable water lines, sanitary sewer lines, storm sewers and other related items normally associated with development of residential housing 2. Single Family housing buildings 3. Apartments buildings 4. Multi -family housing buildings �43 E. Ineligible Property: 1. Land at its pre -development tax value F. Duration: The duration of an abatement shall not exceed five (5) years or one-half (1/2) the expected useful life of the project, whichever is less, as determined by the Calhoun County Commissioners' Court. G. Economic Qualification: To be eligible to receive a tax abatement the new development shall be reasonably expected to increase the appraisal value of the property in the amount of • not less than Twenty Five Million Dollars ($25,000,000.00). H. Taxability: From the initial application to the end of the abatement period, taxes shall be paid as follows: 1. The value of the ineligible property as provided for in Section (F) above shall be fully taxable during the term of the abatement 2. Any property within the development that is sold, transferred, conveyed, occupied or otherwise no longer part of the developer's inventory, shall be added to the tax rolls at its appraised value at the beginning of the following year 3. The additional value of new eligible property shall be taxable at its full appraised value at the end of the abatement period 4. Upon completion and first occupancy of the rental of an apartment project. Apartment project developer must notify Commissioners' Court in writing of completion date within 30 days after first occupancy. I. Conflict of Interest: Property that is leased to, or owned by member of the Calhoun County • Commissioners' Court shall be excluded from any property tax abatements. Section 12 ADOPTION Upon motion by H- F'leo a seconded dc, eoer (f(rc 1 ✓,k , the foregoing resolution to adopt this Addendum to the Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County was approved by a vote of S for and Z) against. PASSED, ADOPTED AND APPROVED on this 31" day of May, 2001. S'' C • ATTEST: COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS Arlene K. Marshail, County Judge ii!Q./—/,, 9.1 Mylene Paul; County Clerk' od 44 L'4 The request for tax abatement for residential development in Calhoun County by the • developers of LaSalle Landing Subdivision was not granted because they did not fulfill the requirement of being adopted within 90 days after the abatement agreement was executed by the City of Port Lavaca which was September 26,2000. Also, the necessary records were not filed with the Tax Appraiser for exemption on April 3&. No action was taken by the Court. FUNGUS IN COURTHOUSE Judge Marshall informed the Court that a complete sweep of the Courthouse with two samples sent to two independent labs was done and should have the results next week. If the stachybotrys fungus is found, we will probably be facing the same problems as the fd floor and need to relocate other offices. She said she would not be involved in handling the re- location but Commissioner Balajka had expressed an interest in doing so. There was discussion regarding the relocation of offices. A Motion was made by Commissioner Finster and seconded by Judge Marshall that Commissioners Floyd and Balajka be in charge of relocating any employees from the Courthouse that may become necessary because of stachybotrys. In discussion, Commissioner Floyd said someone is needed to tell employees if they need to relocate and give them their options. Judge Marshall mentioned the Memorial Medical Plaza. Commissioner Balajka felt the whole Court should be involved in the relocation • process. Commissioner Finster stated that it was important that anyone having to relocate know they have a place to go. Commissioner Floyd agreed with not paying rent for these places. Commissioner rescinded his Motion and Judge Marshall, her second. No action was taken by the Court. EXECUTIVE SESSION - PURCHASE OF REAL PROPERTY The Court being in open session, the County Judge as presiding officer publicly announced the Commissioners' Court would go into executive session as authorized by Section 551, sub -chapter D of Vernon's Texas Codes Annotated, Government Code. The specific section of the Government Code permitting discussion/deliberation in closed meeting is Section 551.072, which authorizes a governmental body to deliberate in executive session on certain matters concerning real property. It provides as follows: A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. (Property owned by Oscar Roemer and adjacent to county -owned properties.) The Judge publicly announced that before any final action, decision or vote is made regarding the subject matter of the closed meeting, this meeting will be reopened to the public. The Court then went into closed session at 11:03 A.M. • The Court reopened the meeting to the public at 11:17 A.M. PURCHASE OF LOTS 6 & 7 BLOCK 42PORT LAVACA TOWN' FROM OSCAR ROENX A Motion was made by Judge Marshall and seconded by Commissioner Balajka to make an offer to purchase Lots 6 and 7, Block 42, Port Lavaca Townsite, from Oscar Roemer for $39,500. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 145 COUNTY TAX ASSESSOR/COLLECTOR — DISTRICT CLERK MONTHLY REPORTS The County Tax Assessor/Collector and the District Clerk presented their monthly reports for April, 2001 and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • BUDGET ADJUSTMENTS — COMMISSIONERS COURT/CONTINGENCIES — COURT AT LAW — DISTRICT ATTORNEY — CONSTABLE PCT #5 — CONSTABLE PCT #2 — R&B PCT #1— BUILDING MAINTENANCE — R&B PCT #1— SHERIFF/JAIL A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the following Budget Adjustments be approved. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET AMENDMENT REQUEST 0 • APPROVED MAY 3 1 2001 4S • To: Calhoun County Commissioners' Court From: (J� (Department making this request) Date: I request an amendment to the o20 0 I budget for the year following line items in my department: Amendment GL Account # Account Name Amount _ Reason APPBOLVEE) MAY 3 1 2001 Net change in total budget for this department is: $ Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: • Date of Commissioners' Court approval: Date posted to General Ledger account(s): a47 11 BUDGET AMENDMENT REQUEST q To: Calhoun County Commissioners' Court 1 From: (� 5, • (Department making this request) Date: I request an amendment to the budget for the year following line items in my department: /GL- Account -#- lg C— b • _Account Name--- Co. aan G)n�r, Net change in total budget for this department is: other remarks/justification: Amendment Amount ------ Reason "A* 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): • �iS BUDGET AMENDMENT REQUEST J • To: Calhoun County Commissioners' Court From: lid, , P (Department making this request) Date: 2 request an amendment to the O 0 1 budget for the year following line items in my department: Amendment GL Account # Account Name Amount Reason 5� 0 -G39 la a JLo NJQkJ4- p 5�o-(o0332, ZAOi Net change in total budget for this department is: Other remarks/justification: 2 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): • • 49 BUDGET AMENDMENT REQUEST UC To: Calhoun County Commissioners' Court From: R l l Ck 1 (Department making this request) • Date: 5 30 -6 1 I request an amendment to the Q-0 ©1 budget for the year following line items in my department: Amendment GL Account # Account Name Amount Reason ----__ - ------------- WOO 1540 5&-5351a 6 Net change in total budget for this department is: Other remarks/justification: a aaaaaaaaaaoa 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): • �J® • BUDGET AMENDMENT REQUEST -M TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: BUILDING MAINTENANCE DATE: 5129101 BUDGET FOR THE YEAR: 2001 RREQUIREDRDY ACCOUNTNAME AMENDMENT AMOUNT GLLACCOUNT NO. N 10OD•17D51610 OVERTIME 579 PAYROLL 10DO-170-51930 RETIREMENT 54 1DOD-17D•51540 TEMPORARY (633) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED MAY 3 1 2001 • E �51 • • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 1 DATE: 5129101 Ia-1L BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNT NO. AMOUNTASON ACCOUNT NAME 000-540-51540 TEMPORARY 2,756 REQUIRED BY PAYROLL 1000-540-51910 SOCIAL SECURITY 211 1000-540-51940 WORKERS COMPENSATION 167 1000-540-51950 FEDERAL/STATE UNEMPLOYMENT 15 1000-540-53510 ROADIBRIDGE SUPPLIES (3,149) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED MAY 3 1 2001 �52 • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: SHERIFF (760)IJAIL (180) DATE: 5129101 BUDGET FOR THE YEAR: 2001 ACCOUNTNAME AMENDMENT AMOUNTRREQUIRED87y-PAYOROLLREASN GL ACCOUNT NO. IOOG-760-51620 ADDITIONAL PAY -REGULAR RATE 3,467 1000-760-51610 OVERTIME (4,437) 1000-180-51620 ADDITIONAL PAY -REGULAR RATE 970 Total for GENERAL FUND 0 0 NET CHANGE IN TOTAL BUDGET APPROVED MAY 3 1 2001 0 �53 Fund Session Code Date Fund Title 1000 581/01 GENERALFUND Total 5/31/01 Total 1000 Report Total Dale. 5130/01 �' CALHOUN COUNTY, TEXAS Unposted Budget Transactions - REVENUE ADJUST. 5/31/01 Transaction Description Dept Title POSTAGE REIMB. BY HOT REVENUE CHECK RESTITUllON GL Title MISCELLANEOUS REVENUE PoLTE Increase Decrease 55.00 55.00 0.00 55.00 0.00 55.00 0.00 APPROVED MAY 3 1 2001 0 0 Page 1 • Fund Elective Cude Dale 1000 10D0 Im 1000 Im 1000 1000 1000 1000 10D0 Im 1000 1000 1000 IODO 1000 1000 I= 1000 1000 I 1000 Teed 1000 Report Taal Do, ""I Ftmd Title MIMI GENERAL FUND MIMI GENERALFUND Mimi GENERAL FUND MIMI GENERAL FUND Mimi GENBR.SLFUND 513I101 GENERALFUND MIMI GENERAL FUND MIMI GENERAL FUND MIMI GENERAL FUND MIMI GENERALFUND 5/31101 GENERAL FUND MIMI GENERAL FUND MIMI GENERAL FIND 5131N1 GENERAL FUND MIMI GENERAL FUND MIMI GENERALFUND MIMI GENERALFUND MIMI GENERALFUND 513IN1 GENERALFUND 513INI GENERALFUND MMI GENERALFUND $131/01 GENERAL FUND GENERALFUND CALHOUN COUNTY, TEXAS Unpmtcd Budget T,tnucui ,- EXPEND.ADIUSTXOR MIMI TMpctim Deutiptim REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL MOIDCIEANUP BILLSSNERIPFS OFFICE MOLDCLEANUP BBLS-SHERIFF'S OFFICE LINE ITEII TRANSFER LINE ITEM TRANSFER POSTAGE REIHB. BY HOT CHECK RPSTNUDON REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE IFEM TRANSFER SIGNS FOR VEHICLE SIGNS FOR VEHICLE AS NEEDED FOR TRAINING TRAVEL EXPENSE AS NEEDED FOR TRAINING TRAVEL EXPENSE REQUIRED BY PAYROLL REQUIRED BY PAYROLL GENERAL DISCUSSION Dept Title BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE JAIL OPERATIONS CONTE14GENCIES COUNTY COURT -AT -LAW COUNTY COURT -AT -LAW DISTRICT ATTORNEY ROAD AND BRIDGE-PRECLNCT#I ROAD AND BRIDGE-PRECINCT#I ROAD AND BRIDGE-PRECINCTNI ROAD AND BRIDGE-PRECINCT01 ROAD AND BRIDGE-PRECINCT#I ROAD AND BRIDGE.PRECNCT#I ROAD AND BRIDGE-PREOINCTOI CONSTABLE-PRECINCTR CONSTABLE-PRECINLTQ CONSTABLE -PRECINCT 05 CONSTABLE-PRECINCT0 GLMde le.. Lecrtuc TEMPORARY OVERTIME RETIREMENT ADDITIONAL PAY-REOULARRATE PATHOLOCISTFECS MISCELLANEOUS DUES JIRJICIARY FUND EXPENDITUR65 POSTAGE TEMPORARY SOCW.SECURI Y WORKMENS COMPENSATION FEDERAVSTATE UNEMPLOYMENT ROAD&BRIDGESUPPLIES MACHINERY AND EQUIPMENT AUTO ALLOWANCES MISCELLANEOUS AUTO ALLOWANCES TRAINING TRAVELOUTOF 633.00 579A0 54A0 PRIM 9.000.00 • 9,000.00 79.00 79.00 55.00 2,756.00 2UM 167.00 15.00 3,149.00 156.00 156.00 220.00 220.00 146,00 146.00 4,437.00 3.467.W 17,875.00 17,820.00 17.875.00 • 17,820.00 Commissioner Finster said that he had given out information to the Court concerning a request from a gentleman from Port O'Connor to mitigate some property in exchange for abandoning a road. He has to submit to the Court some information from the MUD. This will be on the next agenda. ACCOUNTS ALLOWED — COUNTY Claims totaling $166,682.17 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner 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 $826,159.30 for Operations, $383,339.76 for payroll and $67,390.61 for Indigent Healthcare for a total of $1,209,499.06 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Finster that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. THE COURT ADJOURNED AT 11:30 A.M. • -155 REGULAR JUNE TERM HELD JUNE 11, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 1 lth day of June, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 • A.M., a Regular 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, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. EMPLOYEE OF THE MONTH —MAY Judge Marshall announced that the Employee of the Month for May is Billy Wilson. He is employed by County Commissioner Precinct #4 as Road and Bridge Foreman. He performs well, is punctual, arriving at work at 5:30 A.M., and he oversees 140 miles of county roads and the mosquito control and the parks and beaches. He works tirelessly and is a loyal, dedicated, invaluable employee who is committed to excellence. He was presented with a plaque. BIDS AND PROPOSALS — FUEL BIDS The following bids were received for fuel for the period beginning June 16, 2001 and ending July 15, 2001 and after reviewing said bids, a Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that Mauritz and Couey be awarded the bid for the automated card system fuel and Diebel Oil Co. be awarded the bid for fuel to be delivered. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 3—M-96 F"POSAr 1NRWONMTOYOURmn pmcoba%T vsz=FMFf1 WEIuU,4=S:a= ppZP=TOPUFNEHAM Dt7. MMUFOL.L0"M FObr5T0MW-L=T10N5 R=CA EDV1T=SF2CV=7 SIS. PP3CFiTiALLGN X r:�r - ��' UIdZAM 0A50=6 S / X .36M S3M&P-P yXgkq UkZg =0AZCMM$ 13 X 4M dzu Jam, DIESPIMDII..([.0F'?Ui?UW. S, ab X i • Slim=-=p ,orAa e>oF�s s e Le DD "01 AM DOM MLY 1S,"OLL Won= CUM= WUZZZZAAUDWBO DVRII*'t>64 000R'IM:rPPz=. TO'[iS6FURGIAS47G DSFAXnAFM "=U QUO=DOT=WC ETAM NA1M0F=ZXM.. B1RESPOESE TO YOUR NOIHBFORCObIPWIIVBBmSFORFU8[, MINE VNDERSDONED.AOREETOFVRHISBPUPL, ACCORDING TOTSEATTAQ® FUEL SPECMCAT10NS. USING AN AUTDNATEDCARD STrMK TO TBE CDUNTY•S SBFRBP•S DBPARTYffNT.PROBATIONDEPAZDAM?f, BOWIAI E60MM4MVAffDECALSESVjM AND OTHER VEHICLES ASDSSEGNATED FAON TBOETOTI ENYTRE CODO=WNFRS COURTATTTDCFOLLOWVGAVERAGEMONNMYMCEPMGAL AQ(ANDAT72 FODLAWINC TWZMI Y. q=Z0(DtAVAELAWMI OCATWN: PRICEPFACALLON m LYADXDGASOLVM s /.G 9SD MID MADE S A, Wo Psalam=ui+cEAo®cA.w3.I¢ s ' I. /G'`SE . DDRS=LY(YPL LOCATION, 2 / rZ A..arrN i!•1ESTBSWFFmmT 18E CAYOFPORTLAVACA URVV WAWYiVRMTS RADIOS OFTYE CITY OFPOIRTLIVACA) THE CONTRACT WULBE FDRTRE PMWDBEGIWWG NNE 16.2001 AND ROM RILY IS, 2001. NOPRECFCHANMVMLBEAWAwIDDI1REPGTHECOMRACrFV=. SEI.IERWILL SUOMar V LuD ONXEtC8ASE5 T071¢PURCS{A51NGD�ARTDIBNi. YRSLE QUOTED DO NOT INCLADE TA7fP5/+ NAbMOFRMDEL- f AriFv _ ADDRESS:_ aLs/�Z. L.J. arY,srwTFsa: boa- L.eiAru [x 77974 PHONENUN03F1t: SS-L- 700 AUIHORElEp SRafAIljRg �i DATE: G • St- u It REbf oNsb TOYo21A NOETCF ADR CODBffirNE BES FOR tt1Pt we TE78 UdIDfi9S1GT+® PROPOSE70 FUANSRANDDFE1dMMMFOLLOWWO RYESTo MLOCA71ONS Dgm&TED W m SPEC7FECATTONR UMEADEDGASOLINE S /•O�j,{C PAEMIIUMUME na QA=. NMS /./f-M DBYQ.FIIELO.owsmyt1R1 S9,t# X MPROX04ATE - TONAL X 3300 - S 'r1�/6'l•0� S 6000 - S—Y-OW0•00 X 2100 - ''s�3SO a o TOTALRm PR= THE CONIRALTPBREOD WILLBEFM A ONE?40KMFERIOD ONLY BBOUNNING AM 16, 2001ANDEPIDD1 =YIS.2D0L VOPRICE CHANCESWGLRBAMOWED DURING TIM CONIRACTPERIOD. SELLER WILL St18MCESDTARATE W VOICES ON EACBPMCRASETOTIM PURQASWG DITARIUMT. PRIMQUOIIDDONOrVMI DETAXE& NAMOFBIDDEIC 4AUelT7 ADDRRSS liiatt✓ A..r, /.v CRY,sTA=2m- n/1 R'P LAClALN !X T75!S PHONtENUMBSIt SS2- 700'/- TnL& �aNa.AC2 • • �,57 BIDS AND PROPOSALS — SAFETY TESTING EQUIPMENT INVENTORY No bids were received. FUNGUS IN COURTHOUSE Judge Marshall stated that we are waiting for the test results and no additional information is available. • CREATION OF A WATER DISTRICT IN CALHOUN COUNTY Judge Marshall asked if the Court should take any action on this matter. No action was taken by the Court. • • FINANCE RELATING TO CALLING A BOND ELECTION FOR A NEW EMS FACILTI Y Commissioner Balajka stated that in the Order of May 18, 2001 regarding the Bond Election for the new proposed EMS Facility, the date posted in the Order is August 11, 2001. To do this, we will need to call a Special Election as nothing else will be on the ballot in August and the cost would be approximately $8,000 to $10,000. He would like to change that date to save costs and to give time to reduce the cost and size of the facility. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to change the date as previously established in Section I from August 11, 2001 for a Special Bond Election for a new EMS facility to Tuesday, November 6, 2001 which is the General Election Day. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. (ORDER OF MAY 18, 2001 IS RECORDED IN VOL. 23, PG. 124) (The remainder of this page intentionally left blank) �53 ARCHITECTURAL DESIGN OF NEW EMS FACILITY — CHANGE ORDER Commissioner Balajka informed the Court that he had spoken to the architect about adjustments on the proposed new EMS facility plans. He proposed reducing the size of the building by 4,208 square feet, reducing the parking lot by half, deleting the helipad and using partial asphalt and not concrete for paving. He would also see if any other • costs could be cut. The architect will do this for $2,000. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to approve the Change Order for the architectural design of the new EMS facility in the amount of $3,000, being $2,000 for the architectural cost to see how much can be cut from the plan and $1,000, if needed. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GOLDEN CRESCENT COMMUNICATIONS INVOICE ON SEADRIFT VFD/EMS PAGERS Commissioner Floyd stated that the maintenance contract with Golden Crescent Communications on the emergency communications equipment is not intended to include the departments' mobile equipment in any department. These are to be budgeted and paid for under the department's budget. This needs to be clarified. If it goes under the maintenance agreement which we budget for, it is just the fixed base equipment; those items or equipment for communication that are in your department or the items or equipment for communication that are in your department or the department you support, would come out of the budget for that department. Commissioner Finster said he did not agree with this as Port O'Connor has some bills they didn't plan on, as does the SEADRIFT EMS. He does not want the money coming out of department funds and made a Motion to pay for the bill for Emergency • Communication system repair in Seadrift EMS from County funds. (The Motion died for lack of a second.) Commissioner Floyd said the County will pay the bill — the issue is, if this happens again, where does the money come from. County Auditor Ben Comiskey said this needs to be put in each department budget if it is to be paid by each department. Keep track by department or keep track by the whole thing (Budgeted under Service line item). The question is who has the authority to call in repairs. Commissioner Floyd requested this be put on the agenda to clarify the agreement regarding repair payment. No action was taken by the Court. PARTICIPATE IN THE AUGUST, 2001 SALES TAX HOLIDAY This agenda item was passed to Friday. SUPPORT GBRA'S REQUEST TO AMEND EXISTING CANYON RESERVIOR WATER RIGHT • This agenda item was passed to Friday. Commissioner Finster has asked John O'Connell to check on this. COMPUTER HARDWARE/SOFTWARE AND AVAH ABLE GRANT FUNDS — M&A TECHNOLOGY/VEEDIX Bruce Grant with Manda Professional Services gave a report on Texas Infrastruction Fund which is a request for grant proposals. It is a two-part process community networking grant. First is a planning grant of $24,000 to plan how the community would use it and second is a half million dollars for implementation of the grant. Those eligible for the grant are public schools, public hospitals, public libraries, which must have a �S� representative from at least one entity and a non-profit entity may be included. This must enrich the community and provide for greater access to technology. MPS will write the planninf grant and the letter of intent must be submitted by June l5th and a proposal by July 16 . There is no cost if the planning grant is not received. If it is, MPS cost is included in the grant. Bruce discussed other factors to be considered. Buzz Currier, Hospital Administrator, said the hospital had already planned on this and has submitted a letter of intent, looking at the public health grant of $85,000. Bruce said the public health grant can be put with another grant but cannot use the $85,000 as the matching fund. • Mr. Currier said the main factor is sustainability. Judge Marshall thanked him for coming, saying the Court will support the hospital's grant application. No action taken by the Court. J.P. #3 — J.P. #5 — EXTENSON SERVICE — MONTHLY REPORTS J.P. #3, J. P. #5 and Extension Service presented their monthly reports for May, 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioners Galvan that said reports be accepted as presented. Commissioner Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor, IYAAIiN I r JNALNL;t • A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the following Budget Adjustments be approved. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. RODDR2 A)¢xw(vn Rmq➢mmr 4 : Calhoun CommisaloMii' court From: �W, I //I!/MA.1.i..M.B.A/T�� (DeDatCment making his request) Dates �0441 � W/ . I request an amendment to the gb2l budget for the year — folloViDg line 7{dw 1n my departmant: Amendment OL Aomeuat I ACooupt same _ Amouat_.__ 290 Rueoa 2 86.63 to go koblp ANI124ni Not Chang. in total budget • ros this department is: other remarks/Justification: I understand that my budget cannot be amended as requested until Commissioners- Court approval is obtained. Signature or orricial/department head: Date or commissionere6 Court approval: ! Data posted to General t.edger account(s): BIIDGET 71MENDME![T &EQIIEST To: Calhoun County Commissioners' Court From: Lbrarq r (Department making this request) Date: to - 5 -0 1 I request an amendment to the I budget for the year following line items in my department: Amendment 0 h�Aa` • 1N rb�lb wQ 00 .. . r•. Ooi . • �►• • Reason • ••_� •aon eniat. E JUN 1 1 2001 L Net change in total budget for this department is: . S 6 other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 0UL HIID6ET AMENDMENT REQIIEHT To: Calhoun County Commissioners' Court From: MIhWNob Cam- P X^ • (Department ma ing this request) Date: H 4101 I request an amendment to the &001 budget for the year following line items in my department: aL Account # _ Account Name Amendment550 Amount_ _ -5o Tins - -Tubes - l50 00 Net change in total budget for this department is: Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: WM &U- Nwmwn Date of Commissioners' Court approval: Date posted to General Ledger account(s): • �62 BUDGET AMENDMENT REQUEST To: Calhoun County Commissilfl/ers' Court From:ln�rn /_I (Department making this request) Date: ThI I request an amendment to the --- yearn budget for the following line items in my department: GL_Account_#_ Sri .&totoQQ Om-5 ,* Account Nam2- • •T�?�lO Net change in total budget for this department is: other remarks/justification: Amendment Amount r 000. lam, oo • I understand that my budget cannot be amended as request until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: • Date posted to General Ledger account(s): 4 �63 To: Calhoun County commissioners Court • From: FlnAA nlaw Ad/V, in (Department making this request) • Data: I request an amendment to the a001 budget for the yew follow inq lira items in jay department: Amendment aL Account jF account NameAmountReason __ _._ ------------- _ ______ —71O— (o6YV Ifawer P3.4 1186�q /� —r iilYl'In3�e3 fr13 i�aa�iC Net Chang* in total budget for this departaint is$ Other remarks/justification: I understand that my budget cannot be amended as requested until Commissionerst Court approval is obtained. signature of official/department head: Data of Commissioners' Court approval: Date posted to General Ledger account(a): �64 11 BUDGET AMENDMENT REQUEST • l.J' To: Calhoun County Commissioners' Court From: a" - (Department making this request) Date: C 4 - 0 ( I request an amendment to the ao oI budget for the year following line items in my department: Amendment GL Account # Account Name Y�rAmount_^Reason 6IWO ��Kao �g Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • .65 BUDGET AMENDMENT REQUEST I To: Calhoun County Commissioners' Court • From: LIN 4 CL� , (Department making this request) Date: I request an amendment to the a(161 budget for the year following line items in my department: Amendment GL Account # AccountName-- Amount---- - Reason -- ,-- J-0 - uo �Q c Io0 ____-------- ant Q5Q- • Net change in total budget for this department is: aaaaaaaaaaaaa Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 0 • BUDGET AMENDMENT REQF To: Calhoun County Commissioners' Court From: I (Department making this request) Date: I request an amendment to the �001 budget for the year following line items in my department: GL Account-#- 0— ZI O • x � Account Name Net change in total budget for this department is: Other remarks/justification: Amendment Amount -^---�-Reason SL` I IN 1 1 zoos 1 1 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): E 167 11 BUDGET AMENDMENT REQUEST q To: Calhoun County Commissioners' Court From: 3La_I,:.. (RDepartment making this request) Date: .. —� I I request an amendment to the cl9 J1 budget for the year following line items in my department: Amendment GL Account_#_ Account Name ___Amount____ _______Reason_-____ 5 (�UJI& _ o U Net change in total budget for this department is: Other remarks/justification: =aaa=aaaaaaaa 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): • 68 • • CALHOUN COUNTY, TEXAS • UnPosteu budget Tnuuactions- EXPEND.ADJUST.FOR 6111/01 `I voy Q 10 f}J —) Fund Effective . Code Date Fund Title Transaction Description Dept Title GLTitle Increase Dettease 1000 6/11/0I GENERALFUND LEASE COPY MACHINE LIBRARY PHOTO COPIES/SUPPLIES 450.00 1000 6/1 MI GENERALFUND TEA ECOPY MACHINE LIBRARY PHOTO COPIES/SUPPLIES 530.00 I000 6/11 I GENERALFUND LEASE COPY MACHINE LIBRARY TRAVEL OUT OF COUNTY 530.00 1000 6/11/01 GENERALFUND LEASE COPY MACHINE LIBRARY EQUIPMENT -OFFICE 450.00 1000 6/11/01 GENERALFUND ANNEX MODIFICATION FOR BUILDING MAINTENANCE REPAIRS -COURTHOUSE 2.900.00 JUVENILE PROBATION ANNEX OFFICES 1000 6/11/01 GENERALFUND ANNEX MODIFICATION FOR 13UI DING MAINTENANCE CAPITAL OUTLAY 2,900.00 JUVENILE PROBATION OFFICES 1000 6111/01 GENERALFUND FUND LINE ITEM TRANSFER COMMISSIONERS COURT GENERAL OFFICE SUPPLIES 808.00 1000 6/11/01 GENERALFUND LINE ITEM TRANSFER COMMISSIONERS COURT GRANT SERVICES 808.00 1000 6/11/01 GENERALFUND LINE ITEM TRANSFER COUNTY CLERK GENERAL OFFICE SUPPLIES 100.00 1000 6/I1/01 GENERALFUND LINE ITEM TRANSFER COUNTY CLERK MISCELLANEOUS 100.00 1000 6111/01 GENERALFUND JANITOR SUPPLIES, FLOOR WASTE MANAGEMENT JANITOR SUPPLIES 500.00 REPAIR 1000 &11101 GENERALFUND' JANITOR SUPPLIES, FLOOR WASTE MANAGEMENT BUILDING REPAIRS 1.500.00 REPAIR 1000 6111/01 GENERALFUND JANITOR SUPPLIES, FLOOR WASTE MANAGEMENT LANDFILL CLOSURE 2,000.00 REPAIR 1000 6/1ltol GENERALFUND LINE ITEM TRANSFER ROAD AND MACHINERY 500.00 BRIDGE-PRECINCT#I PARTS/SUPPIJES 1000 6111/01 GENERALFUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 500.00 BRIDGE-PRECINCT#1 1000 6/I I10I GENERALFUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 150.00 BRIDG&PRECINCT #2 1000 6111/01 GENERALFUND LINE ITEM TRANSFER ROAD AND TIRES AND TUBES 150.00 BRIDG&PRECINCT #2 1000 6/11/01 GENERALFUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 5,000.00 BRIDGE -PRECINCT #4 1000 6111/01 GENERALFUND LINE ITEM TRANSFER ROAD AND UTILITIES 5,000.00 BRIDGE -PRECINCT #4 1000 6111101 GENERALFUND LINE ITEM TRANSFER FLOOD PLAIN TRAINING REGISTRATION 90.00 ADMINISTRATION FEES/1'RAVEL 1000 &11/01 GENERALFUND LINE R FLOOD PLAIN TRAVEL OUT OF COUNTY 90.00 TRA770N Total. GENERALFUND AP P 1000 12,528.00 12,528.00 JIAT ' I Report Total 12,528.00 12,528.00 Pate I �J i COUNTY TREASURER - MONTHLY REPORT The County Treasurer presented her monthly report for May, 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that said report be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED - COUNTY • Claims totaling $493,896.95 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Balajka 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 Judge Marshall informed the Court that Wayne Watkins will be present on Friday to discuss EPA emissions problems and safeguards. THE COURT RECESSED AT 11:03 A.M. UNTIL FRIDAY SPECIAL JUNE TERM HELD JUNE 15, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 15th day of June, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 • A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. I Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster lead the Pledge of Allegiance. ORDER ABANDONING AND VACATING PART OF MAPLE STREET IN Mrs. Phyllis Chastain submitted an application to abandon and vacate a portion of a county road along with Notice to the Public and a plat showing location and field notes of the .166 acre tract. Mrs. Chastain stated that she and her husband, William R. Chastain, are the owners of Lots 16 and 17 of Block Ill of Bayside Beach Unit 2 Subdivision and have a contract to purchase Lot 1 of Block • 122 from the Doremus heirs, owners of the property on the other side of the roadway to be abandoned. A Motion was made by Commissioner Galvan and seconded by Commis- sioner Balajka to abandon and vacate the right-of-way containing 0.166 acres, being a part of Maple Street, Bayside Beach Unit 2 Subdivision and authorize the County Judge to sign the Order. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. (Application, notice, plat, field notes and Order follow) 70 William and Phyllis Chastain 23 Springfield Avenue Port Lavaca, TX 77979 April 18, 2001 is Mr. Roger Galvan County Commissioner, Precinct 1 Calhoun County Courthouse 211 S. Ann Street PORT LAVACA TX 77979 Re: Application to Have County Road Abandoned and Vacated William R. and Phyllis Chastain Bayside Beach Unit 2 Subdivision —Roadway labeled Maple Street, from it's point of origin at the Intersection of Maple Street and Springfield Avenue beginning at the boundary line of said streets and Lot 16 Block 111, Lot 1 Block 122, extending alongside Lots 16 & 17 Block 111 and alongside Lot 1 Block 122 and ending at the roadway commonly known as Powderkeg Lane, a distance of approximately 185 ft. Dear Mr. Galvan: Enclosed for presentation to the Calhoun County Commissioners' Court on April 30, 2001 is our • Application to Have County Road Abandoned and Vacated. On March 29, 2001, notices were posted at the door of the Calhoun County Courthouse, the Port Lavaca Post Office, and at the site of the roadway. We have complied with all requirements imposed by the Texas Transportation Code. As you are probably aware, the roadway in question has never been constructed and is not necessary as a means of ingress and egress. By copy of this letter we are forwarding notice of this application fo Judge Marshall's office. April 25, 2001 is the deadline for submission of this as an agenda item for the April 30'" Commissioners' Court session. Please do not hesitate to contact us G/ S43 should you have any questions or concerns. Enclosures cc Hon. Arlene Marshall Calhoun County Judge 211 S. Ann Street PORTIAVACA TX 77979 Ms. Donna K. Grafe Walker, Keeling & Carroll, L.L.P P. O. Box 108 VICTORIA TX 77902 LJSincerely, WiV�m R. Chaste in— Phyllis Chastain • i71 NOTICE TO THE PUBLIC Under the authority of Section 251.052 of the Texas Transportation Code, • William R. Chastain and Phyllis Chastain intend to petition the Commissioner's Court of Calhoun County to abandon and vacate a portion of the county road labeled Maple Street —a roadway of approximately fifty (50) feet in width, on the map and plat of Bayside Beach Subdivision Unit 2 Calhoun County, Texas, on file at the Calhoun County Clerk's office. The Chastains will ask that the road be vacated from the point commencing at the intersection of Maple Street and Springfield Avenue beginning at the boundary line of said streets and Block 111, Lot 16 and Block 122, Lot 1—extending alongside Lots 16 & 17 of Block 111 and alongside Lot 1, Block 122 and ending at the roadway commonly known as Powderkeg Lane —a distance of approximately one hundred and eighty-five (185) feet. Petitioners, as the abutting landowners, will ask the county to execute an order stating the road has been vacated by the county. This petition for vacating this portion of Maple Street is based on the following: 1. The road has never been constructed; thus, never used by the Public for travel. is 2. The Chastain are the abutting landowners on one side of the road —owning the property described as Lots 16 and 17 of Block 111, Bayside Beach Subdivision Unit 2, Calhoun County, Texas. The individuals comprising the group known as the "Doremus heirs" are the abutting landowner on the other side of the roadway (Lot 1, Block 122). P7William R. Chastain Phyllis Chastain 1;17994 • 172 L �; ................................................... . bi1J'lilt'`f�":::::::::::::<;:::::::::::::::::::::::>::::::::::�::::<::::::::::::::::::::::::�. , I 1I II r 11 1I II II H II II M 11 r M 2! 'f th U i R I �• �� I •� V �j l i`. l u� I �3 1 h3 ilk a la a 1Is t I: • fit 1= 1% a I= aQ la '_ I EXHIBIT • APPLICATION TO HAVE COUNTY ROAD ABANDONED AND VACATED • TO THE HONORABLE COMMISSIONERS' COURT OF CALHOUN COUNTY: We, William R. Chastain and Phyllis Chastain, are the owners of the property abutting the roadway known as Maple Street (a roadway of approximately fifty [501 feet in width on the map and plat of the Bayside Beach Subdivision Unit 2, Calhoun County, Texas), and we hereby request that the Court abandon and vacate a portion of the roadway labeled Maple Street (the "Roadway"), from the point commencing at the intersection of Maple Street and Springfield Avenue beginning at the boundary line of said streets and Block 111, Lot 16 and Block 122, Lot 1--extending alongside Lots 16 & 17 of Block 111 and alongside Lot 1, Block 122 and ending at the roadway commonly known as Powderkeg Lane —a distance of approximately one hundred and eighty-five (185) feet when the measurement is taken along the property line of our property, which runs the length of the Roadway. See Exhibit A. The Roadway has never been constructed and is not necessary as a means of ingress and egress. Having given proper notice as specified by Section 251.052 of the Texas Transportation Code, we ask the Commissioners' Court, under the powers granted to it under Section 251.051 of the Texas Transportation Code, to consider this application for abandonment and for vacating the above described section of Maple Street and to issue an order granting said request to abandon • and vacate. Notices were posted at the door of the Calhoun County Courthouse, at the Port Lavaca Post Office and at the site of the Roadway. Said notices were posted on March 29, 2001. All requirements imposed by the Texas Transportation Code have been complied with. Section 251.052 of the Texas Transportation Code requires the signature of one property owner in the precinct if the application is for any change in a roadway, other than discontinuing the road. Accordingly, we —William R. Chastain and Phyllis Chastain —hereby sign this application as property owners in the precinct. Respectfully Submitted, am . Chast: m Phyllis Chastain Willi �74 JUA�N /CANO SURVEY A-5 f�. BAYSIDE BEACH UNIT No. 2 7 �OL. Z, PG. 40 (Slide 35B) R o.w. B<oc Ir �50 � 1 ' �o >> �r 2 lip 3/ �c�' s0. 6 ' o , DEED RF p c, e \SO& A `30 m B�O�K coos, 1 y °p• � NTD '12 N5O 14'391 S8 SS, x• O 1 12 Z . 114.56 T 6 ps 10�` %o0/fb STREE 174.50' `rFc 4 O 17 _ �< iMAP�E _ N'1 o 55014y.s9(1W 16 N �NFJ� 1 �J E / "' 10,166 p0R P.0•B' 17 1 90 p 6L00K P CO 13 - _M 21 I BLOCK 100 m 12 • DENOTES SET 5/8• I.R. W/RED PLASTIC CAP O DENOTES FND. 5/8 I.R. W/PLASTIC CAP IN CONC. (DO') DENOTES PLAT DIMENSIONS CALCULATED FROM RECORDED PLAT -PLAT- I. TELNOND E. TUCH. A REGISTERED PROFESSIONAL LAND SURVEYOR. ab HEREBY CERTIFY THAT THE PLAT SHOIIN HEREON REPRESENTS THE MY OF AN ON THE GROUND SURVEY SHOWN HEREON. MADE UNDER Y DIRECTION AND SUPERVISION JN NAY 2001. AND THAT CORNERS ARE AS SHOWN TELADND E TUCH TELKOND REGISTERED PROFESSIONAL LAND SURVEYOR _0 1�D •o-� NO. 1840 S NOTE' 1) NO METES AND BOUNDS DESCRIPTION PREPARED WITH THIS PLAT. 2) BEARINGS ARE BASED ON THE RECORDED PLAT IN VOL Z. IC. IO (SLIDE 95B). 2) STREET NAPES ARE AS SROFN ON THE R=RDED PLAT IN VOL Z. M. IO (SLIDE ?5B). G & W ENGINEERS, INC. UNI/ N0.12• AC., Pr.O MApLr ,sr.. YSIDE NEACN 205 W. LNEOAK (361) 552-4509 PORT LAVACA. TExAs COUNTY. TEXAS. 1 Bob And Phyllis Chastain 0.166 Acre STATE, OF TEXAS COUNTY OF CALHOUN Part of Maple Street, Bayside Beach Unit No. 2, Juan Cano Survey, A-5, Calhoun County, Texas. DESCRIPTION of a 0.166 acre tract, more or less, being part of Maple Street, Bayside Beach Unit No. 2, as per Plat of Record in Volume Z, Page 40 (Slide 35B), Plat Records of Calhoun County, Texas and is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a plastic cap found in concrete for the South corner of this 0.166 acre being described and being the West corner of Lot 16, Block 111, Bayside Beach Unit No. 2. Said found 518 inch iron rod also being the point of intersection of the Northeast line of Springfield Avenue with the Southeast line of Maple Street of the albresaid Bayside Beach Unit No. 2; THENCE, N 39° 45' 21" W, a distance of 50.00 feet to a 5/8 inch iron rod with a red plastic cap set for corner and being the South corner of Lot 1, Block 122, Bayside Beach Unit No. 2; TI If:NCE, N 50' 14' 39" E, a distance off I-I.S6 feel to a 5/8 inch iron rod with a red plastic cap set for corner at the point of intersection with the South line of' First Avenue South (Now Named Powderkeg Lane) and also heing the East corner of Block 122, Bayside Beach Unit No. 2: TIIENCE, S 89° 55' 10" 1'" with the Said South line of' First Avenue South (Powderkeg Lane) a distance of 78.05 feet to a 5/8 huh iron rod with a red plastic cap set for corner at the point of intersection with the Southeast line of Maple Street. Said • set 5/8 inch iron rod also being the most Northerly corner of Block I 11, Bayside Beach Unit No. 2; THENCE, S 500 14' 39" W, passing at 34.56 feet a 518 inch iron rod with a plastic cap found in concrete on line and for a TOTAL DISTANCE of 174.50 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.166 acre, more or less, situated in and a part of the Juan Cano Survey, A-5, Calhoun County, Texas. The l'regoing DESCRIPTION was prepared from an actual on the ground survey made under any direction and supervision in May 2001, and is true and correct to the best of any knowledge and belief. OF `�Ae PSG TELMOND °Po It TELMOND E. TUCII 9�;OFESSREGISTERED 13110FESSIONAL LAND SURVEYOR S U to); NO. 1840 • NOTE: 1) Bearings are based on the recorded Subdivision Platof Bayside Beach Unit No. 2, in Volume Page 40 of the Calhoun County Plat Records. 2) Corners are as shown on the accompanying Survey Drawing. Job No. 2541-001 ORDER DECLARING ABANDONMENT OF ROAD AT INDIANOLA BEACH, CALHOUN COUNTY, TEXAS WHEREAS, on the 15s' day of June, 2001, the Commissioners' Court of Calhoun County, Texas considered the request of William R. Chastain and Phyllis Chastain, who own real property abutting road sought to be abandoned, to abandon that portion of a road located at Indianola Beach, Calhoun County, Texas, described as follows: Bayside Beach Unit 2 Subdivision — Roadway labeled Maple Street, from its point of origin at the intersection of Maple Street and Springfield Avenue beginning at the origin at the intersection of Maple Street and Springfield Avenue beginning at the boundary line of said streets and Lot 16 Block 111, Lot 1 Block 122, extending alongside Lots 16 & 17 Block 111 and alongside Lot 1 Block 122 and ending at the roadway commonly known as Powderkeg Lane, a distance of approximately 185 feet (fiuther described on Exhibit A attached); and WHEREAS, Texas Transportation Code Section 251.051 vests in the Commissioners' Court the authority to abandon a public road; and WHEREAS, the Commissioners' Court has not previously classified the subject road as either a first class or second class road; and WHEREAS, the Commissioners' Court Order to abandon the property has not been enjoined or sought to be enjoined by any party; and WHEREAS, Commissioners' Court finds that proper notice has been given as specified by Section 251.052 of the Texas Transportation Code; and WHEREAS, Commissioners' Court has voted unanimously to abandon that portion of the road described above; and NOW, THEREFORE upon motion made by r�a dLel and seconded by 4a�/ & "'L R-A, I IT IS ORDERED AND DECREED, that Calhoun County d es hereby abandon, vacate and close that portion of road described above. IT IS FURTHER ORDERED AND DECREED THAT on the date of this Order, title to the abandoned road is vested in the owner of the property that abuts the road to the center line. IT IS FURTHER ORDERED AND DECREED THAT this Order shall be filed in the Official Records of Calhoun County, Texas and shall serve as the official instrument of conveyance of the abandoned road from Calhoun County to the owners of the abutting property, pursuant to Texas Transportation Code Section 251.058(b). PASSED AND APPROVED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS ON JUNE 15, 2001. Arlene N. Marshall County Judge ATTEST: County Clerk n0 (SEAL)`, • • 177 RULES AND REGULATIONS REVISIONS FOR PORT O'CONNOR COMMUNITY CENTER Henry Pomgratz, Marie Hawes and Mrs. Yearwood, representing the Port O'Connor Community Center, requested changes in the Rules and Regulations for the Port O'Connor Community Center by raising the rental so the facility will pay for itself. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to • accept the Revisions to the Port O'Connor Community Center Rules and Regulations as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. P.O.C. Community Center Rules and Regulations Section I A. The POC Community Center of Port O'Connor, TX. means any hall, meeting room or other facility including grounds located on Hwy. 185. B. Lessee as used herein includes any person, association, public organization, partnership, company or corporation that is granted a contract to use any part of the Center in accordance with these regulations, hereinafter are called Lessee. Section II All rentals of the "Center" facilities or grounds will require a signed lease contract • agreement between the lessee and County through its duly authorized Representatives. No oral agreement for use of the "Center will be valid. Section III A. Reservations will be taken between the hours of 9A.M. And 5 P.M. B. The center & pavilion will be rented on first -come first -serve basis. The authorized representative will resolve reservation request conflicts. C. A reservation for the Center & Pavilion will be confirmed only upon the receipt of signed lease/contract agreement, accompanied by deposit. D. Reservation of the Center & Pavilion may be made, up to 12 months in advance. E. Cancellation by lessee within 1 month of reservation will forfeit their deposit, (Unless we're able to lease it) F. If signed lease contract /agreements are not returned within 10 days following telephone reservations the event is automatically void. Section IV • All late night usage of facilities must end no later than 12:30 A.M. for all nights except Saturday. Saturday shall be 1:30 A.M. except by special arrangement. Failure to leave premises within 30- minute grace period will result in a late hour extension charge, and will be grounds for refusal of future facility lease to the lessee. Late night events shall require security to remain on duty until facilities are completely vacated, and the building can be closed. �78 Section V Rental Rates: Deposits: La.) Lg. Hall — Min. $250.00 could be more according to use (Refundable, if there are no bb Youth Room- $50.00 (Refundable, if there are no damages and the premise are left clean and all rules are followedl (c.) Pavilion- $100.00 (Refundable, if there are no damages and premise is minus all trash and hosed off and rules are followed) Rental Fees: (a) Lg. Hall- 250.00 for 5 hrs. $20.00 for each additional hour per day. These times include set up and clean up. (b) Youth Room- $25.00 for 3 hrs. $10.00 for each additional hour per day. (c) Pavilion- $200.00 for all day usage. (d) Fees include use of tables and chairs for 200 people. (e) Fees include the use of the Ice machine you may have to share ice with function on the Pavilion if being used the same day. (f) Late hour extension charge is $40.00 per hour. Section VI- Fire Security: No open flames or combustible of any kind in building. This is an NON- SMOKING BUILDING. Smoking is permitted on Pavilion. Cooking is not allowed except in kitchen or patio area ALL FRYING WILL MAKE PLACE ON PATIO ONLY Regular exit doors, corridors, and fire extinguishers shall not be blocked The rated occupancy capacity of this building is 300 PLEASE DO NOT EXCEED. INSIDE BUILDING.NO EXCEPTIONS. RULES FOR PAVILION Put up table & chairs Do not leave anything in Concession Area Make sure restrooms are clean and all trash emptied Make sure area is trash free and hosed off. LATE HOUR EXTENTION APPLIES TO THE PAVILION. Section VII Liability Neither the County nor the County's representatives shall be liable for any loss, damage or injury to person or property of any kind that is brought in or on the premises. Neither the County nor the County's representatives shall be held responsible for property left on premises. Section VIII- Conduct & Rules 1. Any person at the center whose conduct is disorderly disruptive or destructive may be Removed from the premises by the County's designated representative or any peace officer. 2. IF ALCOHOL IS SERVED AT ANY TIME, THEN YOU WILL PROVIDE SECURITY,(THIS INCLUDES ALL FACILITIES) APPROVED BY THE COUNTY'S DESIGNATED REPRESENTATIVE 3. Nothing is to be taped or tacked on walls or building 4. Nothing is to be removed from the building. 5. All thermostats are to be turned off before you leave building. 6. IT IS YOUR RESPONSIBILITY TO LEAVE THE BUILDING AS CLEAN AND NEAT AS YOU FOUND IT AND FOLLOW ALL RULES PUT FORTH IN YOUR CONTRACT.(FAILURE TO DO THIS WILL RESULT IN LOSS OF DEPOSIT) 7. Building will be checked on the day or night you finish with building. 8. All trash will be removed from building Lg. Trash cans are provided off back patio area. Please have all your trash in garage bags before putting in cans. 9. We are proud of our building & would like it to stay as such. PLEASE DO NOT DEFACE THE PROPERTY • • i79 PORT O'CONNOR COMMUNITY CENTER AGREEMENT This agreement made and entered into this the day of 2001, by and between the County Representative, and Lessee, is as follows: 1. That, upon the terms, conditions, and agreements herein expressed, The • Representative does hereby give unto Lessee permission to use and occupy the following described space located in the POC Community Center, HWY. 185, Port O'Connor, Texas, to -wit; HVISTSUVI ••u PAVILLON To be used for the purpose of And no other purpose without the written consent of the County Representative: From to on the day of 2001 2. The lessee agrees to pay the County Representative for use of property a sum of dollazs($`�. 3. The lessee agrees to pay the County Representative a deposit for the above premises the sum of dollars. 250.00 Main Hall or $50.00 Youth room 100.00 Pavilion) • Lessee Signature: Title: Address: Phone: County Representative Signature: Phone: PORT O'CONNOR COMMUNITY CENTER PAVILION — DONATED TO THE COUNTY A Motion was made by Commissioner Finster and seconded by Judge Marshall to accept the donation of the Port O'Connor Community Center Pavilion from the Port O'Connor Community Center Organization to Calhoun County. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. AIt QUALITY COMMTTTEE REPORT REGARDING EPA REQUIREMENTS The Public Outreach Committee, being Ray Miller, Ray Woznick, Wayne Watkins, Kathy Hunt and Anita Riley gave a report on Air Quality regarding the EPA requirements of cities and counties. Their goal was to instigate ozone action days by providing information. They indicated the ozone monitors on a map and stated that ground level • ozone is caused by chemical reaction in the atmosphere; stagnant air masses in summer and spring. They listed methods of prevention. They proposed that someone from Calhoun County work with them. Judge Marshall voiced her appreciation and said the Court will look into working with them. �so CONTRACT FOR ADMINISTRATIVE SERVICES REGARDING STATE CRUM24AL ALIEN ASSISTANCE PROGRAM Tim Smith, Chief Jailer spoke on the State Criminal Alien Assistance Program and a contract with Vertex for administrative services. Illegal aliens have to have been arrested • and convicted in this county. There is no cost to the County or use of excessive time; limited action. To be put on the agenda for June 201i APPROVAL OF MINUTES A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the minutes of October 31 and November 12, 2000 be approved as distributed. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pet. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Marlene Paul County Clerk By Shirley Foester, Deputy WORK ON AUSTIN STREET IN SEADRIFT PER INTERLOCAL AGREEMENT WITH CITY OF SEADRIF'I Commissioner Finster said Austin Street in the City of Seadrift is a non -developed road to the school. The School district has offered to pay for the materials and the City of Seadrift has asked the County to do the equipment work and gravel the road so there will be two lanes of traffic to and from the school under the Interlocal Agreement with the City of Seadrift. He has a copy of the Agreement between the City and the School District and they are asking the County to get involved so the County can purchase the materials for which the school will reimburse the County for the cost. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan that, as per the Interlocal Agreement with the City of Seadrift, the County perform the work on Austin Street in Seadrift and on June 30, 2001 to have the Interlocal Agreement between the School District and the County brought before the Court. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. INTERLOCAL COOPERATION CONTRACT FOR CONSTRUCTION AND MAINTENANCE OF A PUBLIC ROAD STATE OF TEXAS COUNTY OF CALHOUN This Agreement is made and entered into pursuant to the Interlocal Cooperation Act, TEx.GoV'T CODE, Chapter 791 and is made by and between the City of Seadrift, Texas, • (hereinafter "City,") Calhoun County, Texas, (hereinafter "County,") and Calhoun County JL Independent School District, a county wide public school district (hereinafter "District"). Each party to this Agreement is a political subdivision of the State of Texas, and each are acting by and through their respective governing body. WITNESSETH: 1. The purpose of this Agreement is to provide governmental functions and • services, which include construction and maintenance of a street or road that is required for public safety and welfare of the students, parents, faculty and staff and other citizens going to and from Seadrift Elementary/Fannin Middle School, which is situated adjacent to the northwest boundary of the city limits of the City. 2. The City and County each have the authority to construct and maintain a street or road. The District has the authority to construct a street or road to provide ingress or egress for access to its facilities. The City, County and District each have the authority to provide for public safety and welfare of its citizens and patrons. 3. Each party to this Agreement paying for the performance of governmental • functions or services shall make such payments from current revenues available to the paying party. 4. All parties agree that the interlocal contractual payments required by this Agreement are in an amount that fairly compensates the performing party for the services or functions performed under this contract. 5. This contract shall be for a term of one year. It may be renewed annually, and amended or modified by written addendum approved by all the parties. 6. The specific purpose, intent, terms, rights and duties of the City, County and District are as follows: • 1 The City owns a dedicated right-of-way for a public street, known as Austin Street. The right-of-way bears an east -west course, intersecting on the east end with 9th Street, and on the west end where the city limits and the District's property meet. The Austin Street right-of-way has not been opened for use at the time �82 of making this Agreement. The City also owns a right-of-way for an unopened section of 16th Street, bounded on the north by the Austin Street right-of-way and on the south end by Broadway. The west end of Austin Street ends where the right-of- way, the city limits, and the boundary line of the District's property meet. The • purpose of this Agreement is to open Austin Street from 9th Street to the boundary of the District's property, and to open the section of 16th Street, which will connect with Austin Street at the north end of the currently unopened portion of 16th Street and intersect Broadway at the south end of the unopened section of 16th Street. The District will provide a driveway from the point in its boundary line where Austin Street intersects, continuing the driveway as a loop across the parking lot where traffic can exit the District property onto Broadway. .2 The City will adopt a traffic ordinance, declaring Austin Street one way, traveling east to west during the hours of T : 0 0 a.m. to 9 : 0 0 a.m. and 3 : 0 0 • p.m. to 5:00 p.m. on school days. Broadway will also be declared one way traveling west to east during the same hours as Austin Street on school days. .3 For public safety purposes, the parties intend that the road/street will be constructed in such manner that will provide, to the extent possible, enhanced safety for pedestrian, bicycle, and vehicular traffic to and from the District's elementary and middle schools located on its property at the end of Austin Street. .4. The County agrees to supervise the construction of the roads. Initially, the roads will be gravel. The County will provide labor and equipment to construct the roads. .5 The City and the District will share the cost of the material required to • construct Austin Street and the section of 16th Street described above, with the City �83 • • reimbursing the County one-third of the cost of materials and the District reimbursing the County two-thirds of the cost of the materials. The County will purchase the materials. If the total cost of the materials exceeds $35,000.00, the City and the District must approve any additional costs. 7. In addition to the foregoing, the County and District agree that the District will pay for materials to extend the road known as Austin Street onto the school property for purposes of public ingress and egress for access to the District's Seadrift Campus facilities, and the County will provide labor, equipment and supervision to construct the road. The purpose of this extension is to create a loop from Austin Street through the District property to connect with Broadway. 8. This Agreement shall be effective from and after the date that the last parry approves it. This Agreement was approved and authorized to be executed in triplicate originals by each party hereto on the dates indicated below the signature of each parry's designated official. ATTEST: Paula Moncrief, City Secretary ATTEST: // i, jam[ Marlene Paul, County Clerk CITY OF SEADRIFT, TEXAS Billy F. Ezell � aye Date Approved: CALHOUN COUNTY 4i� Arlene Marsha , County Judge Date Approved: ?- 20 - o t 284 CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT ATTEST: rD o-to � � J • Brenda Wilson, President Date Approved: June 12, 2001 sse BrisenJo,, Secretary PARTICH'ATE IN THE AUGUST, 2001 SALES TAX HOLIDAY This agenda item was passed as no information was available. SUPPORT GBRA'S REQUEST TO AMEND EXISTING CANYON RESERVOHt WATER RIGHT Commissioner Floyd cited an article in the New Braunfels Herald regarding the Comal Independent School District and this matter. Commissioner Finster said information may be obtained on the Internet; however, the answers may be coming directly from GBRA. No action was taken by the Court. DISTRICT CLERK — JP #2 — MONTHLY REPORTS is District Clerk and JP #2 presented their monthly reports for May, 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that said reports be accepted as submitted. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET ADJUSTMENT — BUILDING MAINTENANCE — JAIL — COMMISSIONERS COURT — COUNTY CLERK — R&B PCT #1— R&B PCT #2 — SHEROT A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the following Budget Adjustments be accepted. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET AMENDMENT REQUEST JUN 15 2001 • �85 • • • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: JAIL DATE: 611M01 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 1000-180.51700 MEAL ALLOWANCE 38 REQUIRED BY PAYROLL 1000-180-66316 TRAINING TRAVEL OUT OF COUNTY (38) Tofal for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED JUN 15 2001 - II : f 0 f ll I � l To: Calhoun County Commissioners' Court From: (Department making this request) Data: 6_ /A d / I request an amendment to the ao o1 budget for the year following line items in my departments GL Account_i�_ Q234) a3o �o39av __ Account Name Amendment ._ amount _ Da ed> <Zoo, oz) Not change in total budget for this department is: $ �— other remarks/justification: Reason �/ 'ej-/,//a71 • E I understand that my budget cannot be amende d as requested until Commissioners f Court approval is obtainad. signature of official/dapartment head: �� • Date of Commissioners Court approvals Data posted to General badger account(a)% BUDGET AMENDMENT REQUEST • APPROVED JUN 15 2001 Im BUDGET AMENDMENT REQUEST 1000540-51910 SOCIAL SECURITY 1000-54M1940 WORKERS COMPENSATION 1000-54051950 FEDERALBTATE UNEMPLOYMENT 1000-540-53510 ROADBRIDGE SUPPLIES 1000-540.53020 GENERAL OFFICE SUPPLIES 1000-540-53510 ROADBRIDGE SUPPLIES Total for GENERAL FUND 212 166 15 200 1LINE REM TRANSFER APPROVED JUN 15 2001 5 • • a8� BUDGET AMENDMENT REQUEST • APPROVED JUN 15 2001 �30 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: SHERIFF DATE: 614101 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNT NAME AMOUNT EASpN 1000-76053992 SUPPLIES -MISCELLANEOUS 500 LINE ITEM TRANSFER 1000-760-63920 MISCELLANEOUS 400 100D-76M3020 GENERAL OFFICE SUPPLIES (900) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED [JUN 15 2001 E • .• .A. I Fund Effective Code Date Fund Tide 1000 6/15101 GENERALFUND 1000 6115/01 GENERAL FUND I000 6115/01 GENERAL FUND 1000 6/15/O1 GENERALFUND 1000 6/15101 GENERALFUND 1000 6115/O1 GENERALFUND 1000 6115/O1 GENERALFUND 1000 6115101 GENERALFUND 1000 60101 GENERAL FUND 1000 N15/O1 GENERALFUND 1000 6115/01 GENERAL FUND 1000 6/15/01 GENERALFUND 1000 6(15/01 GENERALFUND 1000 6(15/01 GENERALFUND 1000 6/15/01 GENERALFUND 1000 6115/O1 GENERAL FUND 1000 6115/O1 GENERALFUND 1000 6115101 GENERALFUND 1000 6/15/01 GENERAL FUND 1000 6(15/01 GENERALFUND 1000 6(15/01 GENERALFUND 1000 6115101 GENERALFUND 1000 6(15/O1 GENERALFUND 1000 6/15/01 GENERAL FUND 1000 6/15/O1 GENERALFUND R a.viaro, • CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADIUST.FOR 6/1 Y01 Tren Rim Description REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER LANE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER REQUIRED BY PAYROLL LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LANE ITEM TRANSFER REQUIRED BY PAYROLL LINE ITEM TRANSFER Dept Tide BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE JAIL OPERATIONS JAI, OPERATIONS COMMISSIONERS COURT COMMISSIONERS COURT COUNTY CLERK COUNTY CLERK ROAD AND BRIDGE-PRECINCT#I ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #t ROAD AND BRmG&PRECINCT #i ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 GL Title ASSISTANT BUILDING SUPERINTENDENT TEMPORARY OVERTIME WORKERS COMP ADJUSTMENTS RETIREMENT MEAL ALLOWANCE TRAINING TRAVEL OUT OF COUNTY PHOTO COPIES/SUPPLIES MISCELLANEOUS MEAL ALLOWANCE TRAINING TRAVEL OUT OF COUNTY TEMPORARY WORKMENS COMPENSATION FEDERAUSTATE UNEMPLOYMENT GENERAL OFFICE SUPPLIES ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLES TEMPORARY SOCIAL SECURITY WORKMENS COMPENSATION FEDERALSTATE UNEMPLOYMENT ROAD A BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES TRAVEL INCOUNTY • GP(,-Se s Incroase Decrease 244.O1 215.0 197.00 244.00 18.00 38.00 38.a 100.01 100.00 39.00 39.04 2,775.00 212.00 168.00 15.00 200.00 3,170.01 200.01 3,200.00 245.00 194.00 17.00 200.0( 3,656.0( 200.00 Page 1 • s Fund Effective Code Date Fund Title 1000 6/I5101 GENERALFUND 1000 6115101 GENERAL FUND 1000 6tI5AH GENERALFUND Total GENERALFUND I000 Report Total U 1: W14N1 CALHOUN COUNTY, TEX& Unposted Budget Transactions - EXPEND.ADIUST.FOR 6115101 Transaction Description Dept Title GL Title LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER SHERIFF SHERIFF SHERIFF Increase Decrease GENERAL OFFICE SUPPLIES 900.00 SUPPLIES -MISCELLANEOUS 500.00 MISCELLANEOUS 400.00 8,762.00 8,762.00 APPROVED JUN 15 2001 8,762.00 9,762.00 • bOq co co d � p w ui N O � C w U 8 E °� aU o m o w 0 O >1 a a 'y w as V o y d U a Np O N a) N�A'7 ti o C y a e •° " a o w A a � .c > �`*xo 0 `0 w AOOA Q y ' V J 0 7 O �d C U tdUC7 SPECIAL JUNE TERM HELD JUNE 21, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 21 st day of June, A.D., 2001 there was begun • and holden at the Courthouse in the City of Port Lavaca, said County and State, at 2:00 P.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: RECEIVE INSURANCE INFORMATION FROM TEXAS ASSOCIATION OF COUNTIES The meeting was called to order at 2:00 P.M. and recessed until 2:07 P.M. at which time Kristy Lopez and Kelly Kalisle arrived at Court to speak regarding insurance for County employees. Kristy Lopez is the specialist who handles the County's account within the Texas Association of Counties pool. A meeting is planned for July e for review. _ The programs offered are the Silver Choice for retirementdisease management which is • high maintenance and continual diseases such as diabetes, etc. Training sessions may be held later regarding going to the doctor; emergency or not, and cutting down on doctor visits; using Eye Master Coupons; using the preferred drug list. The Chip Program is for the sole breadwinner in the family. She supplied a list of the top 100 drugs within cur pool, which also shows the costs if you don't have a drug card. Prescriptions are for only 30 days instead of 90 so the $5.00 is charged 3 times. The Texas Association of Counties goes out for bids to insure they are doing their best for us and also negotiate with insurance company for the County. The administrative fee is 6.93% instead of the normal 15%. They will go out for proposals with other insurance companies to get the best deal for the County. They predict that premiums will double by 2007. The County's drug card is Blue Cross. They will look to someone else as they contract this out themselves and will increase for every dollar of 16 to 17 cents. They don't know what their Board will decide and offer until the meeting on July &. They can look into employees paying part of the premium themselves for better coverage. Drug cards will have a higher co -pay. Judge Marshall suggested looking to cut costs as the County pays over one million a year for employee insurance. Commissioner Galvan suggested putting a cap on costs to employee s where the employee pays after a certain yearly amount. )-7 � The County does not want to do away with drug cards — it is looking to be flexible — self - funding is one way. Judge Marshall mentioned the possibility of working through the Texas Association of Counties and not going through the Blue Cross agent here. • Kelly said this was possible, although none of this will happen overnight. They will check into (1) price (2) flexible drug card and (3) dealing with someone other than Blue Cross. Ben Comiskey, County Auditor, stated that the basic plan and option is available for anyone who wants it at their own expense... need a breakdown by employee; employee and spouse; employee and dependents and employee and family. Kelly said that they would go out for bids for you and let you know the outcome the first week in August. THE COURT ADJOURNED AT 3:05 P.M. SPECIAL JUNE TERM HELD JUNE 29, 2001 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 29th day of June, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pet. 1 Commissioner, Pct. 2 Commissioner, Pet. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster lead the Pledge of Allegiance. COUNTY EMPLOYEE OF THE MONTH Judge Marshall announced that the County Employee of the Month is George Anne Cormier, curator of the Calhoun County Museum. She is the sole employee of the museum and is a wonderful representative of Calhoun County. She worked diligently for the restoration of the LaBelle project as well as other artifacts. She was presented with a plaque. PUBLIC HEARING TO AMEND THE YEAR 2001 COUNTY BUDGET Judge Marshall opened the Public Hearing at 10:02 A.M. County Auditor Ben Comiskey read the Budget Amendment Number 1 through 18, stating #1 through #4 go together, being the addition of $15,000 to fund the parking lot (purchase the Roemer Property, etc). • • .95 BUDGET ADJUSTMENTS — 2001— GENERAL FUND — CAPITAL PROJECTMARKING LOT — CAPITAL PROJECT/NEW JAIL BUILDING — CAPITAL PROJECT/TANS — GENERAL FUND — CAPITAL PROJECT/MOLD REMEDIATION — CAPITAL PROJECT/FAIR GROUNDS STORM RECOVERY — SHERIFF'S DEPARTMENT — SHERIFFMAIL — COMMISSIONERS COURT — R&B PCT #1— DISTRICT ATTORNEY — COMMISSIONER PCT #2 — SHERIFF (2) — R&B PCT #1— R&B PCT #3 — CCISD/SEADRIFT/COUNTY ROAD PROJECT • Commissioner Floyd questioned Amendment #17 for R&B Pct. #3, asking if the overtime for a part-time employee should be a second line item. Also, Amendment #3 for Housing of Inmates — is that extrapolated based on expenditures and does that last the Sheriff's Dept. until the end of the year. The reply to both questions was `yes". W N • There being no objection from the Public, the Public Hearing was closed at 10:11 A.M. A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to adopt the proposed Amendments to the 2001 Calhoun County Budget Number 1 through 18. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: GENERAL FUND DATE: 6112101 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNTNAME AMOUNT REASON GL ACCOUNT NO. 1000-800-98061 TRANS. TO CAP.PROJ: NEW JAIL BUILDING 25.000 1000-800-98057 TRANS. TO CAP.PROJ: PARKING LOT 15,000 mi Total for FUND 40,000 NET CHANGE IN TOTAL BUDGET 40,000 JUN 2 9 2001 ��S NEW NEW • 19 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -PARKING LOT DATE: 6N2101 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 5140-999.97560 TRANS. FROM CAP.PROJ: TAX ANTICIPATION NOTES (25,000) 5140-999.91010 TRANS. FROM GENERAL FUND (15,000) 5140-999.73302 LAND 40,000 Total for FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVE JUN 2 9 2001 • • 1-1 -L9i • NEW NEW E • K BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS -COURT FROM: CAPITAL PROJECT -NEW JAIL BUILDING DATE: 6112101 BUDGET FOR THE YEAR: 2001 "5136-999.98090 AMENDMENT ACCOUNT NAME AMOUNT REASON TRANS. TO CAP.PROJ: TAX ANTICIPATION NOTES 25,000 TRANS. FROM GENERAL FUND (25,000) Total for FUND p 011i NET CHANGE IN TOTAL BUDGET p yt.ilO NEW NEW BUDGET AMENDMENT REQUEST ;APPROVE I JUN 2 9 2001 If • • ��9 • NEW NEW • 0 BUDGET AMENDMENT REQUEST ✓ TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: GENERAL FUND DATE: 6127101 BUDGET FOR THE YEAR: 2001 j WIN! 1111 1 11 AMENDMENT GL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 1000-IIN-96570 TRANS. TO CAP.PROJ: MOLD REMEDIATION 75,000 1000-800-98680 TRANS. TO CAP.PROJ.-FAIRGROUNDS STORM RECOVERY 1,000 joTotal f FUND 78,000 NET CHANGE IN TOTAL BUDGET 76,000 �pu� i JUN 2 9 2001 NEW NEW NEW NEW NEW NEW NEW NEW NEW (1J BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -MOLD REMEDATION DATE: 6127101 BUDGET FOR THE YEAR: 2001 AMENDMENT GLACCOUNTNO. ACCOUNTNAME AMOUNT REASON 5210-999-91010 TRANS. FROM GENERAL FUND (75,000) SET UP BUDGET 5210-999-63M MOLD REMEDIATION 72,400 5210-999-63920 MISCELLANEOUS 100 5210-999-66192 TELEPHONE SERVICES 500 5210-999-53992 SUPPLIES -MISCELLANEOUS 500 5210-99966600 UTITUTIES 500 5210-999.70750 CAPITAL OUTLAY 1.000 5210-999-49150 RECOVERIES -INSURANCE (10) 5210-999-60025 ADJUSTERS SERVICES 10 Total for FUND 0 NET CHANGE IN TOTAL BUDGET 0 JUN 2 9 PO01 • 201 I BUDGET AMENDMENT REQUEST • • AY t"® V ED; JUN 2 9 M I • 202 IIIIUUGE'L' �l1tENUMENT 12EQUE6'1'I� • To: Calhoun County Commissioners' Court From: CALHOUN CUONTY SHERIFF'S DEPARTMENT (Department making this request) Date: 06/25/01 I request an amendment to the 2001 budget for the year following line items in my department: Amendment GL Account Account Veme Amount Reason RENOVATIONS C.I.D. AO 760-73630 OFFICE AT PLAZA 1,920.00. Need more office space. Net change in total budget for this department ins Other remarks/justification: 8 1,920.00 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): JUN 2 9 2001 • C1 203 L . II 13V Uli C'1' �lt9GNUMENT RF,�,IU l;lii'�� To: Calhoun County Commissioners' Court From: CALHOUN COUNTY SHERIFF'S DEPARTMENT -JAIL DIVISION (Department making this request) Date: • JUNE 25, 2001 I request an amendment to the 2001 budget for the year following line items in my department: Amendment GL -Account-----Account -veme--- ---Amount---- ----- Reason ---------------- ------ PRISONER HOUSING 180-64880. OUT OF COUNTY 300,000.00. INCREASE EUDGET•TO PAY HOUS: • Net change in total budget for this department is: ¢ 300,000.00 Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head. - Date of Commissioners' Court approval: Date posted to General Ledger a:ccount(s): IP r R. JUN 2 9 2001 • "04 6-26-201 4:06PM NE%A FROM CALHOUN CO. AUDITOR 361 553 46I4 P.1 10 BUDGET AMENDMENT REQUEST TO.- CALHOUN COUNTY COMMISSIONERS'COURT FROM: -COMMISSIONERS COURT DATE: 6126101 BUDGET FOWT14E YEAR: 2001 ,ACCOUNT NAME lip PIE T AMOUNT 61, ACCOUNT NO. EASON 1000-230.53592 SIGN FOR GULF BEND Wj CONCRETE FOR SIGN AT GULF BEND i(FOX 1=6. ALAMO CONCRETE PRODUCTS) Total for GENERAL ND 59 WA— GE INiTO7AL DGET 59 00 V L: ]UNi E92001] E 0 0 -.1 L • 6-26-201 4:O7PM FROM CALHOUN CO. AUDITOR 361 553 4614 P-2 NEW BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT Z 01 DATE: 6126101 _ ... . _. " - ,; v,', BUDGETFOR THEYEAR: 2001 - _ _ _ AMENDMENT AMOUNTYR 6,200 (6,200) IL ACCOUNT NO. 1000.540^73445 1000340-53510 ACCOUNTNAME RENOVATION•BUILDING ROAD/BRIDGE SUPPLIES SON, ELECTRICAL REWIRING AND INSTALLATION OF CENTRAL AIR CONDITIONING _ _ , _r ;,. :i.p.. i.<:. :• 'a:.v ofj�U•' �1..C:: ^�:�, �:�:_ ^;i:;•: 7ohl for GENERAL FUND —mom. ''>,::'.. YYOPJI:i\ �N.. NET CHANGE IN~UDGy+c p N: 'S :;•' PPR®VE'�."l,- JM29 ` 06 • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: Criminal District Attorney's OFfice (Department making this request) Date: May 14, 2001 I request an amendment to the 2001 budget for the year following line items in my department: Amendment GL Account # _ _Account Name --Amount _ _-_-Reason --'----'----- --------- ---- ----------- 510-66980 Witness Fees + $1,800.00 to pay for anticipated expert court testimony and transcription services for remainder of year gory Net change in total budget 1,800.00 for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. /'� LIIJ Signature of official/department head: aF//(r Date of Commissioners' Court approval: Date posted to General Ledger account(s): 20 0 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: Ply • (Department making this request) Date: &-13-01 I request an amendment to the D-LYSI budget for the year following line items in my department: Amendment GL Acco/unt_#- Account -Name __ Amount ------- Reason 3 001- 650 -� ► 1�G3 Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: �_.... Date posted to General Ledger account(s): 292001 w08 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: (Dent making this request) Date: 4-3O-O l I request an amendment to the o-O 0I budget for the year following line items in my department: GL^Account #� Account Name c..6v of 6('PA iQ.d � GYM NN Net change in total budget for this department iss Other remarks/justification: iq • Amendment AmountReason�^_�� 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): • 209 0 0 0 f� BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: SHERIFF DATE: 601I01 BUDGET FOR THE YEAR: 2001 ACCOUNT NAME AMENDMENT MA OUNT"REQUIRED GL ACCOUNT NO. EASON 1000.760.51899 WORKERS COMP ADJUSTMENTSa p BY PAYROLL 1000-760-51519 DEPUTY -LAW ENFORCEMENT Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 PPP®VEC JUN 2 9 20 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: & /3 I� — (Department making this request) Date: I request an amendment to the ®o budget for the year following line items in my department: GL Account # r y ,Okn Account -Name --- Net change in total budget for this department is: other remarksfjustification: Amendment Amount I understand that my budget cannot be amend commissioners' Court approval is obtained. Signature of official/department head: / Date of Commissioners' Court approval:. I Date posted to General Ledger account(s): requesgO until JUN 2 9 20 • • 211 • NEW • • BUDGET AMENDMENT REQUEST 1 O: CALHOUN COUNTY COMMISSIONERS' COURT ROM: RIB PRECINCT 3 ATE: 6I28I01 OGLACCOOLUINTNO. UDGET FOR THE YEAR: 2001 AMENDMENT I ACCOUNT NAME AMOUNT REASON 1000.560-51610 OVERTIME 64 REQUIRED BY PAYROLL 1000-560-53510 ROAD & BRIDGE SUPPLIES (84) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 p Ax%J v JUN 2 9 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: C(yIS��J`6ADAIF7-�otnl'�( /SoIiD 7 fZC1T-CT— (Department making this request) Date: v I Zit I(1)1 I request an amendment to the budget for the year following line items in my department: GL Account-1f 91 -D3-0 l �(�OLP;- qq-535P Amendment Account Name Amount 6, -7 Net change in total budget for this department is: other remarks/justification: I understand that my budget cannot be amended' as requested until Commissioners' Court approval is obtained. n signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): I 9 2M y� • - ';13 Tt c➢ Fund Code Fund Title 1000 GENERALFUND 1000 GENERAL FUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERAL FUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND 1000 GENERALFUND Total GENERALFUND 1000 Deb: d wwj 0 ALHOUN Unposted Budget Transactions - EXPENDITURE AMDMT 6129101 CNDMENT COUNTY, TEXAS -'a rk 'ELL., [A BUD142 -AMENDMENTS FOR PUBLIC HEARING 629/01 P 0 Amendment No. Transaction Description Dept Title 1 TRANSFERS TO CAPITAL TRANSFERS PROJECT FUNDS 1 TRANSFERS TO CAPITAL TRANSFERS PROJECT FUNDS 10 CONCRETE FOR SIGN (POS COMMISSIONERS COURT 13976, ALAMO CONCRETE) I ELECTRICAL REWIRING; ROAD AND CENTRAL A/C BRIDGE -PRECINCT N I 11 ELECTRICAL REWIRING; ROAD AND CENTRAL A/C BRIDGE -PRECINCT 81 12 EXPERT COURT DISTRICT ATTORNEY TESTIMONY & TRANSCRIPTION SERVICES 13 INSURANCE ROAD AND RECOVERY -VEHICLE BRIDGE -PRECINCT A2 REPAIRS 14 INSURANCE SHERIFF RECOVERY -VEHICLE REPAIRS 15 REQUIRED BY PAYROLL SHERIFF 15 REQUIRED BY PAYROLL SHERIFF 16 PURCHASE 2 1 S-FT ROAD AND TRAILERS FOR RENT TO BRIDGE -PRECINCT K I SEAFOOD COMPOST GRANT 17 REQUIRED BY PAYROLL ROAD AND BRIDGE -PRECINCT 1/3 17 REQUIRED BY PAYROLL ROAD AND BRIDGE -PRECINCT 83 5 TRANSFERS TO CAPITAL TRANSFERS PROJECT FUNDS 5 TRANSFERS TO CAPITAL TRANSFERS PROJECTFUNDS 8 NEED MORE OFFICE SPACE SHERIFF 9 INCREASE HOUSING JAIL OPERATIONS BUDGET • GL Title TO LOT TRANS.TL CAP.PROJ.-NEW JAIL BUIING SIGN FOR GULF BEND ROAD & BRIDGE SUPPLIES RENOVATION -BUILDING WTTNESSFEES REPAIRS -INSURANCE RECOVERY REPAIRS -INSURANCE RECOVERY DEPUTY -LAW ENFORCEMENT - WORKERS COMP ADJUSTMENTS MACHINERY AND EQUIPMENT OVERTIME ROAD & BRIDGE SUPPLIES TRANS.TO CARPROJ. MOLD REMEDIATION TRANS.TO CAP.PROJ.FAIRGND STORM RECOVERY RENOVATION-C.I.D. OFFICE AT M.M.PLAZA PRISONER LODGING -OUT OFCOUNTY 25,000.00 ' .f 59.00 6,200.00 6,200.00 1,800.00 1,693.00 3,852.00 2,605.00 2,605.00 2,500.00 84.00 84.00 75,000.00 1,000.00 1,920.00 300,000.00 436,713.00 8,889.00 >ese:I • • • CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPENDITURE AMDMT 629/01 BUD142 -AMENDMENTS FOR PUBLIC HEARING 629/01 Fund Code Fond Title Amendment No. Transaction Description Dept Title GL $136 CAPITAL PROJECT NEW 3 JAIL BUILDING 5136 CAPITAL PROJECT NEW 3 JAIL BUILDING Total CAPITAL PROJECT NEW 5136 JAIL BUILDING 5140 CAPITAL PROJECT PARKING 2 LOT 5140 CAPITAL PROJECT PARKING 2 LOT 5140 CAPITAL PROJECT PARKING 2 LOT Total CAPITAL PROJECT PARKING 5140 LOT 5160 CAPITAL PROJECT TAX 4 ANTICIPATION NOTES 5160 CAPITAL PROJECT TAX 4 ANTICIPATION NOTES Total CAPITAL PROJECT TAX 5160 ANTICIPATION NOTES 5210 CAPITAL PROJECTMOLD 6 REMEDIATION 5210 CAPITAL PROJECTMOLD 6 REMEDIATION 5210 CAPITAL PROJECTMOLD 6 REMEDIATION 5210 CAPITAL PROJECTMOLD 6 REMEDIATION 5210 CAPITAL PROJECTMOLD 6 REMEDIATION 5210 CAPITAL PROJECTMOLD 6 REMEDIATION 5210 CAPITAL PROJECTMOLD 6 REMEDIATION 5210 CAPITAL PROJECTMOLD 6 REMEDIATION D.w:6 ] AMEND TRANSFERS AMEND TRANSFERS TRANSFERS IN TO PAY FOR LAND TRANSFERS IN TO PAY FOR LAND TRANSFERS IN TO PAY FOR LAND AMEND TRANSFERS AMEND TRANSFERS SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT :E9 2M FROM JND TAX ANTICIP.NOTES TRANSFERS FROM GENERALFUND TRANS.FROM CAP.PROJ.-TAX ANTIC.NOTES TRANSFER FROM CAP PROI NEW JAIL BUILDING TRANSFER TO CAP.PROI: PARKING LOT SUPPLIES -MISCELLANEOUS ADJUSTERS SERVICES MISCELLANEOUS MOLD REMEDIATION TELEPHONE SERVICES UTILITIES CAPITAL OUTLAY TRANSFERS FROM GENERALFUND 25,000.00 we 25,000.00 25,000.00 40,000.00 I5,000.00 25,000.00 40,000.00 40,000.00 25,000.00 25,000.00 25,000.00 500.00 10.00 100.00 72,400.00 500.00 500.00 1,000,00 25,000.00 75,000.00 rase: 2 CALHOUN COUNTY, 'TEXAS Unposted Budget Transactions - EXPENDITURE AMDMT 629/01 BUD142 • AMENDMENTS FOR PUBLIC HEARING 629/01 Fund Code Fund Title Amendment No. Transaction Description Dept Title GL Title Total CAPITAL PROJECTMOLD 5210 REMEDIATION 5220 CAP.PROJ. FAIRGROUNDS 7 STORM RECOVERY 5220 CAP.PROJ. FAIRGROUNDS 7 STORM RECOVERY 5220 CAP.PROJ. FAIRGROUNDS 7 STORM RECOVERY Total CAP.PROJ. FAIRGROUNDS 5220 STORM RECOVERY Report Total SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT SET UP BUDGET FOR CAPITAL PROJECT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT ADJUSTERS SERVICES CAPITAL OUTLAY TRANSFERS FROM GENERAL FUND Total 13UD142 - AMENDMENTS FOR PUBLIC HEARING 629/01 Increase Decrease 75,010.00 75,000.00 10.00 1,000.00 1,000.00 1,010.00 I'llo ll 604733,00 174,899.00 602,733.00 174,889.00 DM: Wtacol 0 0 P.:l • • • CALHOUN COUNTY, TEXAS Unposted Budget Transactions -REVENUE AMDMTS 629/01 BUD142 - AMENDMENTS FOR PUBLIC NEARING 6/29/01 {rcJN- Fund Code Fund Title Ame... Transaction Description Dept Tide OL Title Inetease Decrease 1000 GENERALFUND 13 INSURANCE REVENUE RECOVERIES INSURANCE RECOVERY -VEHICLE REPAIRS 1000 GENERAL FUND 14 INSURANCE REVENUE RECOVERIES -INSURANCE 3,852.00 RECOVERY -VEHICLE REPAIRS Total GENERALFUND 5,345.00 0.00 1000 5210 CAPITAL PROJECIMOLD 6 SET UP BUDGET FOR NO DEPARTMENT RECOVERIES -INSURANCE 10.00 REMEDIATION CAPITAL PROJECT Total CAPITAL PROJECIMOLD 10.00 0.0D 5210 REMEDIATION 5220 CAP.PROJ. FAIRGROUNDS 7 SET UP BUDGET FOR NO DEPARTMENT RECOVERIES -INSURANCE 10.00 STORM RECOVERY CAPITAL PROJECT Total CAP.PROJ. FAIRGROUNDS 10.00 0.00 5220 STORM RECOVERY Report Total 5,565.00 0.00 APR ®V D'y LE zaoi Daw 6=2w] P- C`3 PORT O'CONNOR JULY 4Ta FIRWORKS DISPLAY SAFETY ISSUES Commissioner Finster discussed the Annual July 4`s Fireworks Display in Port O'Connor to be held July 7 h and the request from the Chamber of Commerce for the approval of several submitted safety issues. • A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to adopt the Resolution Request from Port O'Connor Chamber of Commerce as listed. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Sole `..Beet Xept Secret sa tole (e'atl eaaet 4th of July 2001 Request WHEREAS, The Townsite of Port O'Connor has traditionally supported and conducted a B-B-Q and Fireworks display celebrating our country's birthday for over 25 years, WHEREAS, this display has grown to an enormously popular event that is visited by numerous people from within and outside the county and is also one of the only sanctioned firework displays inside this county, WHEREAS, there is a growing concern by the citizenry and the govemmental agencies in the county with respect to the security, crowd control and traffic control during this event, • WHEREAS, the safety and enjoyment of all involved is the number one priority, WHEREAS, the Fireworks Committee along with the POC Fire/EMS Department, the United States Coast Guard, and the Calhoun County Sheriffs Department, recently addressed these issues in a joint meeting and formulated a plan to minimize the risks, THEREFORE, The Fireworks Committee with the consensus of the POC Fire/EMS Department, the United States Coast Guard (POC), and the Calhoun County Sheriffs Department, makes the following request from the Calhoun County Commissioner's Court; 1. Designate Park Ave. as "One Way" going north on July 7, 2001. 2. Close Park Ave to "Through Traffic" at a time to be determined Jointly by the Sheriff, EMS Director, and POC Fire Chief. (only traffic via PASS or Resident's access will be allowed). 3. Prohibit the Discharge of ALL personal fireworks at King Fisher Beach on Saturday, July 7, 2001 for the entire day. 4. Establish a 'No Parking' Zone on the East side of Washington Blvd. from Harrison to Adams and on Jackson St. from Park to Washington. APPROV D BY THE CALHOUN COUNTY COMMISSIONER'S COURT ON THE cz %i DAY OF 2001 ut j • 5C�tyJudgWe/CT2 PCT3 PCT4 dI8 EMERGENCY MEDICAL SERVICE'S REPORTING RELATIONSHIP TO Commissioner Balajka read a statement regarding issues of administrative responsibility for the Calhoun County Emergency Medical Service. • I placed this agenda Item on today's agenda as It relates to Issues regarding the administrative responsibility for Calhoun County EMS. I have several Issues of concern, which I feel the court and public have a right to know. • MMC Is to operate as an enterprise fund without tax subsidy. While EMS Is to operate as a public service with tax subsidy. • MMC is currently experiencing serious financial problems therefore,'I feel relieving MMC of administrative responsibility for EMS would allow the hospital and administration more opportunity to focus on financial problems of MMC. • The EMS budget Is roughly the third largest budget of all county departments. EMS is a community service as is law enforcement and fire protection, not a source of revenue for the county. However, the EMS budget is not being reviewed in detail by Commissioners' Court, as are all other county departments. • MMC Incorporates the EMS budget with their budget for approval. The court then writes a check to MMC to pay for the excess operating expenses of EMS. This amount in the year of 2001 is expected to be approximately $650,000. • Because of this arrangement the court is spending $650,000 of taxpayers' dollars without a detail review of the EMS budget. Further because MMC is fully compensated by the county for any excess expenses, they have no incentive to reduce.operating cost or Increase revenue for EMS. • In September of 99, the Commissioners' Court accepted financial responsibility for EMS services in regard to contributions to expense, mobile equipment, and a facility to house their operation. For two years, the county budgeted $25,000 for the study of a new facility. For the past 9 months, there have been many agenda items relating to a new facility and not once did the hospital come forward with any concerns. • Work was initiated toward the design and construction of a new facility. Mr. Barber, EMS Director was one of four committee members appointed by Commissioners' Court to study and assist in the design of this facility. He also provided assistance in presenting only facts relating to the facility and EMS operations to various community organizations. • In Mid -May of 2001, Mr. Barber was Instructed by the administrator of MMC to discontinue these fad sessions and not to communicate with the public regarding the proposed EMS facility or other matters not consistent with MMC needs and goals. In a special meeting on May 31, 2001, the MMC board discussed this • Issue and a motion was made to have a joint meeting with Commissioners' Court to clarify the relationship between the court and MMC relative to EMS. Present at this meeting was the MMC board attorney, who stated, "The court action of September 8, 1999 was quite dear In regards to mobile equipment and a new facility, and the board should back away from the Issue." This has dearly not happened. At the May 31 meeting, some members of the board stated. "If the county wishes to take full control over EMS then let them have k." Others stated, "It didn't matter to them who had control, but one group either Commissioners' Court or MMC should have total control over EMS." One long-term member of the board recalled "This isn't the first time that this issue of dual leadership had risen." There is a definite need for one group to take total responsibility of EMS. 219 • In June 2001 a meeting was held to discuss the potential of combining Calhoun County EMS and the Port Lavaca Fire Department. In attendance was Mr. Broz, City Manager, Mr. Currier, Hospital Administrator, Calhoun County Judge Arlene Marshall, Mr. Staloch, Fire Chief, and Mr. Barber, EMS Director. Mr. Currier requested Mr. Barber's attendance. Mr. Barber thinking the meeting was in regard to the new EMS facility requested I (Commissioner Balajka) attend the meeting. Mr. Currier denied Mr. Barber's request for me to attend. At this meeting, Mr. Barber questioned Mr. Currier and Judge Marshall In regards to the board and court's knowledge of this meeting. He was told by both, the board and the court didn't need to know. At the conclusion of the meeting, Mr. Barber was told by the leaders of this meeting, he could not talk to the public or commissioners about this meeting. He was told no one needed to know about the meeting at this time. On Tuesday, June 261 a letter addressed to Judge Marshall and Commissioners relating to the issue in question began circulating. On Wednesday, June 27"' many hospital board members were in possession of the letter, yet the Court had still not received copies. Thursday, June 2e at 5:20 p.m. after the closing of office a fax of the letter was sent to my office. However, the time of the fax revealed 4:20 p.m. The first sentence of the letter reads, the Board of Managers of MMC feel strongly that to transfer the oversight responsibility for EMS from MMC to the County would be a mistake. This letter implies that the board has acted on this matter. When in fact, after calling several board members late Thursday evening some replied, "It doesn't matter if the county wants to take responsibility of the EMS, we cant stop you Another member stated, "He hasn't seen the letter or heard discussion about It." In dosing, I believe it is an Injustice to the people we serve that an issue as important as, EMS has turned Into a political tug of war and we, the elected officials of Calhoun County have allowed it to happen. • Until we the court join together (not saying we cant disagree) and display a force of leadership, unity, and focus on the goal of what's best for all the citizens of the county, then we can not effectively represent them as their leaders. We must begin to work with the boards and committees we appoint. Not one or two individuals should join together without the knowledge of all parties concerned in an attempt to sabotage the work of others. We should work together in unity to bring these key issues to the people and let them decide on issues that will directly effect them. Judge Marshall advised the Court that she was invited by Mr. Gary Broz, Port Lavaca City Manager, and did attend a fact-finding meeting in which the combining of EMS and the Fire Department was discussed. She said she was a participant to listen to both sides. She read a letter received from Mr. Rolando Reyes, Chairman of the Board of Memorial Medical Center. June 26, 2001 • bear. County Judge Arlene Marshall and County Commissioners: The Board of Managers of Memorial Medical Center feels strongly that to transfer oversight responsibility for EMS from MMC to the County would be a mistake. EMS is an intregai part �20 of the healthcare continuum and can be more efficient when managed within the knowledge base of hospital administration. In this relationship there is an opportunity for efficiencies not possible in another venue. EMS is deserving of consistent • oversight which considers the pre -hospital healthcare needs of the County in relationship to resources available to maintain the total continuum of care. In short, the relationship of EMS to MMC is one of compatibility; a seamless continuum of care which works best when working together, together under a single oversight authority. Funding for EMS would continue to come from the County given the realities of expense versus revenues of EMS. Ralan R ez, Board Chairman emoria Medical Center Commissioner Balajka stated that he had been appointed to look at the EMS issue and • felt it more appropriate that he should have been invited to attend the meeting. He asked Henry Barber with EMS if he had been instructed not to relate to anyone what had been discussed there. Mr. Barber replied that he was told the issue was not public at this time. Commissioner Floyd asked if any motions had been made regarding the letter at the meeting as he checked with several Board members who said there was nothing that related to that issue on their agendas. Commissioner Balajka said the letter implies that the Board has taken action. Commissioner Galvan also asked Mr. Barber if he was told by Mr. Currier, Memorial Medical Center Administrator, not to talk to anyone. Mr. Barber replied that he was instructed on two occasions not to make public speeches. He was informed he could not talk to anyone at the first meeting with Mr. Currier — no longer pursue or communicate with anybody having to do with EMS situation. His choice was he would talk to a County Commissioner if questioned. He was given permission after the second meeting to talk to any commissioner after he requested that. Mr. Galvan said he talked to Mr. Currier who said he had never related that message — apparently this was a miscommunication. Mr. Galvan said he did not have enough information on the matter and suggested this issue be tabled until he could study the situation. • Commissioner Finster said a clarification of the letter is needed. Judge Marshall said it was inappropriate to discuss these conversations without representation of the hospital as Mr. Currier was at a retreat and could not attend this meeting. Commissioner Floyd expressed concern. We need to recognize the difference between Memorial Medical Center being an enterprise that operates on its own and the EMS being a service facility that is subsidized by tax dollars; check into restrictions on communications; assure that relative to the EMS facility issue, Henry is free to and should report to the Court; and see the EMS budget come before the Court. 21. Henry Barber related that he was told the EMS budget would go through the hospital and before the Court with theirs. Mr. Barber said he was told that he was to submit a capital request for capital improvement for EMS this year. The Court mentioned the separation of the EMS from the hospital and the Commissioners Court taking full control of the EMS. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that Judge Marshall write to the Chairman of the board of Memorial Medical Center • advising them that on the matter relating to EMS, that Mr. Henry Barber shall have the free right to speak with anyone in regard to the matters of EMS services. Memorial Medical Center will provide the Court with the unaltered 2002 budget request for EMS and ajoint meeting be set for July 13a', 2001 at 1:30 P.M. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. INTERLOCAL AGREEMENT WITH CITY OF SEADRIFT AND CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT — ROAD TO SEADRIFT SCHOOL Calhoun County Independent School District Superintendent Larry Nichols and Mary Bell with the City of Seadrift were present to state that Seadrift school children ride bikes and walk to school with only one road for the two-way traffic which creates a dangerous situation. As there is no right-of-way for a walking path, the best solution would be to create a loop for addition access to the school. The School District proposed funding 2/3 of the material, the City of Seadrift 1/3 of the materials up to $35,000 and the right-of- way and the County to provide the labor. Mayor Billy Ezell spoke in support of the gravel road loop. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to enter into an Interlocal Agreement with the City of Seadrift and Calhoun County Independent School District for the development of Austin Street from So Street straight to the school in Seadrift. Commissioners Galvan, Balajka, Floyd, Finster and Judge • Marshall all voted in favor. Commissioner Finster recognized school board member Terry Maddox and the Seadrift Chief of Police, Sam Hurta, in attendance. INTERLOCAL COOPERATION CONTRACT FOR CONSTRUCTION AND MAINTENANCE OF A PUBLIC ROAD STATE OF TEXAS § COUNTY OF CALHOUN § This Agreement is made and entered into pursuant to the Interlocal Cooperation Act, TEX.GOVT CODE, Chapter 791 and is made by and between the City of Seadrift, Texas, (hereinafter "City,") Calhoun County, Texas, (hereinafter "County,") and Calhoun County • Independent School District, a county wide public school district (hereinafter "District'). Each party to this Agreement is a political subdivision of the State of Texas, and each are acting by and through their respective governing body. WITNESSETH: 1. The purpose of this Agreement is to provide governmental functions and services, which include construction and maintenance of a street or road that is required for • public safety and welfare of the students, parents, faculty and staff and other citizens going to and from Seadrift Elementary/Fannin Middle School, which is situated adjacent to the northwest boundary of the city limits of the City. 2. The City and County each have the authority to construct and maintain a street or road. The District has the authority to construct a street or road to provide ingress or egress for access to its facilities. The City, County and District each have the authority to provide for public safety and welfare of its citizens and patrons. 3. Each party to this Agreement paying for the performance of governmental functions or services shall make such payments from current revenues available to the paying . party. 4. All parties agree that the interlocal contractual payments required by this Agreement are in an amount that fairly compensates the performing party for the services or functions performed under this contract. 5. This contract shall be for a term of one year. It may be renewed annually, and amended or modified by written addendum approved by all the parties. 6. The specific purpose, intent, terms, rights and duties of the City, County and District are as follows: . i The City owns a dedicated right-of-way for a public street, known as Austin Street. The right-of-way bears an east -west course, intersecting on the east • end with 9th Street, and on the west end where the city limits and the District's property meet. The Austin Street right-of-way has not been opened for use at the time of making this Agreement. The City also owns a right-of-way for an unopened section of 16th Street, bounded on the north by the Austin Street right-of-way and on Nw ~ the south end by Broadway. The west end of Austin Street ends where the right-of- way, the city limits, and the boundary line of the District's property meet, The purpose of this Agreement is to open Austin Street from 9th Street to the boundary of the District's property, and to open the section of 16th Street, which will connect with Austin Street at the north end of the currently unopened portion of 16th Street and isintersect Broadway at the south end of the unopened section of 16th Street. The District will provide a driveway from the point in its boundary line where Austin Street intersects, continuing the driveway as a loop across the parking lot where traffic can exit the District property onto Broadway. .2 The City will adopt a traffic ordinance, declaring Austin Street one way, traveling east to west during the hours of 7a 00 a.m. to 9: 00- a.m. and 3: 00 p.m. to 5:00 p.m. on school days. Broadway will also be declared one way traveling west to east during the same hours as Austin Street on school days. .3 For public safety purposes, the parties intend that the road/street will be constructed in such manner that will provide, to the extent possible, enhanced safety for pedestrian, bicycle, and vehicular traffic to and from the District's elementary and middle schools located on its property at the end of Austin Street. .4. The County agrees to supervise the construction of the roads. Initially, the roads will be gravel. The County will provide labor and equipment to construct the roads. .5 The City and the District will share the cost of the material required to construct Austin Street and the section of 16th Street described above, with the City reimbursing the County one-third of the cost of materials and the District reimbursing the County two-thirds of the cost of the materials. The County will purchase the • materials. If the total cost of the materials exceeds $35,000.00, the City and the District must approve any additional costs. .. 24 7. In addition to the foregoing, the County and District agree that the District will pay for materials to extend the road known as Austin Street onto the school property for purposes of public ingress and egress for access to the District's Seadrift Campus facilities, and the County will provide labor, equipment and supervision to construct the road. The purpose of this extension is to create a loop from Austin Street through the District property to connect with Broadway. 8. This Agreement shall be effective from and after the date that the last party approves it. This Agreement was approved and authorized to be executed in triplicate originals by each party hereto on the dates indicated below the signature of each party's designated official. ATTEST: CITY OF SEA%DDRIFT, TEXAS Paula Moncrief, City Secretary Billy F. Ezell,,,i ay Date Approved: `-kl CALHOUN COUNTY Arlene Marshaft, County Judge g,r Y r Y,��.� Date Approved: 7- 20 - o f Marlene Paul, County Clerk CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT ATTEST: Brenda Wilson, President Date Approved: June 12, 2001 ZN5 sse Briseno, Secretary CONTRACT FOR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM CLAIMS Tim Smith with the Sherifrs Department spoke regarding a grant to help with expenses for housing illegal aliens. The contract for professional services is for the period from mid -year 1999 to mid -year 2000 with Vertex Targeted Opportunities, Inc. to obtain reimbursements. Beverly Haskin with Vertex said they work on a 22% contingency basis. Applications for the reimbursements are due Monday and the deadline is July 16. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to authorize the County Judge to enter into an agreement with Vertex Targeted Opportunities, Inc. for the State Criminal Alien Assistance Program claims reimbursement. Commissioner Floyd made a Motion which was seconded by Commissioner Finster to Amend the Motion so that Article 3, Section 01 is amended to eliminate the lines "prior to the beginning of the County's fiscal year" in the second sentence. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Vote on the Main Motion: Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. AGREEMENT FOR PROFESSIONAL SERVICES between Vertex Targeted Opportunities, Inc. and Calhoun County, Texas This Agreement is entered into by and between Calhoun County, Texas (hereinafter referred to as the "County") and "Vertex Targeted Opportunities, Inc., a business unit of Unificare, LTD, (hereinafter referred to as "VERTEX" or "Contractor"), located at 2010 Valley View Lane, Suite 300, Dallas, Texas 75234. WITNESSETH • WHEREAS, many of the services provided by the County are funded directly by local and state funds when, in fact, some of those services are eligible for Federal Financial Participation (hereinafter "FFP"); and WHEREAS, VERTEX is willing and able to provide professional assistance to explore opportunities for new I+iTP, to review prospects for expansion of existing FFP, and to secure additional FFP as may be appropriate for the County; WHEREAS, this is a contract for the purchase of a personal or professional service and is exempt from the open bid requirement established by Section 262.023 of the Texas Local Government Code when the Commissioners Court by order grants the exemption; NOW, THEREFORE, for and in consideration of these mutual covenants and promises recorded herein, the parties hereto agree as follows. ARTICLE RESPONSIBILITIES OF VERTEX 1.01 VERTEX agrees to perform the following services: a. VERTEX will review the policies and procedures used by the County to identify such additional Federal and other revenue sources, if any, as may be available to the County through participation in new programs or expansion of existing FFP. To secure additional revenues for the County, VERTEX will: • i. Meet with County officials, including those who represent programs providing services that may be eligible for FFP, and identify FFP opportunities; ii. Prepare a written summary (the "Initiative") sufficient to briefly describe the FFP opportunity; 'T7C iii. Assist the County in its efforts to prepare and present a claim for recovery of • additional Federal dollars following approval of an Initiative; and iv. Assist the County in negotiations with Federal agencies to ensure that the County receives the additional revenues identified by VERTEX. 1.02 VERTEX will continually monitor for new opportunities of funding. a. Whenever a new opportunity arises, the County shall have sixty (60) days to act on its own. b. Sixty (60) days after an opportunity becomes available and the County has not acted to claim the new dollars, VERTEX may (i) notify the County of that opportunity, (ii) obtain County approval of a new Initiative embracing the opportunity. VERTEX will then assist the County to claim revenues identified by the approved Initiative and be entitled to compensation as set forth in Article VI of this Agreement. ARTICLE H RESPONSIBILITIES OF THE COUNTY 2.01 The County agrees to perform the following activities: a. Designate a contract monitor who shall: • i. Be the person responsible for monitoring VERTEX's performance under the terms and conditions of this agreement; and ii. Authorize payment for services rendered based upon properly submitted invoices to the County in accordance with Article VI of this agreement (i.e. Compensation). b. Provide VERTEX with copies of or access to documents and databases that are necessary for the successful completion of work required by this agreement. ARTICLE III INITIAL TERM AND RENEWAL 3.01 The initial term of this Agreement is three (3) years, commencing with the date of this contract (the "Initial Term"). Provided, however, either party may cancel this Agreement by giving thirty (30) day's written notice prior to the beginning of the County's fiscal year. Upon receipt of such notice, VERTEX shall complete the federal reimbursement claims for the fiscal year in which the notice is given. VERTEX shall be compensated for these final federal claims in accordance with Article VI. 3.02 Upon conclusion of the Initial Term of this Agreement, this Agreement will automatically be renewed on a year -by -year basis, under the same terms and conditions as set forth herein, unless written notice is given at least thirty (30) days prior to the expiration of this Agreement. • VWCX Cov t21901 227 ARTICLE IV REPORTS VERTEX shall furnish the County with periodic reports on the effectiveness of VERTEX's engagement. • ARTICLE V CONFIDENTIALITY The County and VERTEX mutually agree that the confidentiality of the information obtained by VERTEX shall be strictly observed, as permitted by law, in any reporting, auditing, invoicing and evaluation, provided however, that this provision shall be construed as a standard of conduct and not a limitation upon the right to conduct the foregoing activities. ARTICLE VI COMPENSATION 6.1 The intent of this Agreement is to compensate VERTEX only for new revenues received by the County that are a direct result of VERTEX's efforts. The parties agree VERTEX will be compensated for new or enhanced revenue sources that directly result from VERTEX's activities at the following rate: Twenty-two percent (22%) of all revenue paid to the County (prospectively or retroactively) as described in each of the Initiatives. 6.2 Unless otherwise agreed or directed by VERTEX in writing, the County shall make payment to the order of VERTEX, at 2010 Valley View Lane, Suite 300, Dallas, Texas 75234. • 6.3 Notwithstanding any other provision herein, VERTEX will be due its fees for monies paid pursuant to each Initiative approved by the County for a minimum period of two (2) years. The start date will be from the date each new or enhanced claim is submitted for reimbursement under a County approved Initiative or program. VERTEX's compensation period may be extended beyond the minimum period of two (2) years, depending on the term and renewals set forth in this Agreement. 6.4 Both parties recognize that delays in payment or reimbursement to the County by the Federal government may occur. VERTEX will be reimbursed within thirty (30) days after funds are actually received by the County and an accurate invoice is delivered to the County by VERTEX, even if those receipts occur beyond the term of contract. 6.5 VERTEX agrees that in the unlikely event any funds recovered by the County as a result of this agreement be subsequently disallowed, that the related fees paid to VERTEX based on such disallowed reimbursements will be credited against future payments to VERTEX, or be promptly repaid to the County should this agreement be terminated. In any event, the monetary amount of damages and the Vm Coma, 21901 full extent of VERTEX's liability to the County, if any, shall be strictly limited to the amount of funds • paid to, or owed to, VERTEX as a result of this Agreement. 6.6 VERTEX is not obligated to make the County aware of all funding opportunities and shall have no liability for any omission to identify the same. 6.7 VERTEX shall have the right to review the County's claims, grant awards, and such books, records, and other documents as may be required to ensure that the payment of VERTEX's fees is in accordance with this Agreement. ARTICLE VII NOTIFICATION Any notice, specifications, reports, or other written communications from VERTEX to the County shall be considered delivered when posted by certified mail. Any notice, delivered by certified mail to VERTEX at the address on the first paragraph of this Agreement shall be considered delivered when posted. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Authority All necessary approvals for the execution of this Agreement have been obtained and each person executing this agreement on behalf of the County is authorized to execute this Agreement as the binding act of the County. Some programs require a submission with digital signature from an authorized elected official of the County. Contractor will prepare the claim and then provide step by step instructions for the authorized County official to complete the online form. 8.2 Changes to be in Writing. This Agreement may be modified to include additional work the County desires to be completed on a fixed or contingent fee basis with the written consent of both parties. 8.3 Choice of Law. Forum Selection and Alternative Dispute Resolution. This Agreement has been accepted and executed by Contractor in the State of Texas and shall be governed by the laws of the State of Texas. County recognizes much of the claims preparation work will be performed by Contractor at its headquarters in Dallas County, Texas. The sole and exclusive venue for any legal action to enforce or interpret this Agreement shall be Dallas County, Texas, and the parties hereto agree to and do hereby submit to the jurisdiction of such court. However, the parties prefer informal resolution of any disputes. Prior to filing litigation, the parties shalt discuss participating in alternative dispute resolution, including a pre -suit mediation or settlement conference. 8.4 Counterparts. This Agreement and the Initiatives that follow may be executed in separate counterparts, each of which shalt be deemed to be an original, and such counterparts shall together constitute but one and the same document. 8.5 Entire Agreement. This Agreement and its attachments (including all approved Initiatives), if any, contain the entire Agreement between the Contractor and the County. Any previous proposals, offers, discussions, preliminary understandings and other communications relative to this Agreement, oral or written, are hereby superseded by this Agreement. 8.6 Force Maieure. Contractor shall be excused from performance during any delay beyond the time named for the performance of this contract caused by any act of God, war, civil disorder, strike or other cause beyond its reasonable control. 83 Headings. The headings used herein are for convenience only and shall not limit the construction or interpretation hereof. 8.8 Inconsistencies. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control. vvrca Convx, 21901 • `29 • • • 8.9 Indemnification. Contractor agrees to indemnify the County, its officers, employees and agents for injury to persons or property, including contractor, its officers, employees or agents, the County, its officers, employees or agents, or other persons where such injury proximately results from an intentional act or omission of the Contractor or its employees. 8.10 Independent Contractor. Contractor shall be considered an independent contractor and not an employee of the County. Contractor shall be solely responsible for paying its own staff and the out-of-pocket expenses it incurs in providing services hereunder. Contractor shall also maintain general liability insurance at its own expense, in addition to workers' compensation coverages as may be required by law, and will provide proof of insurance to the County upon twenty (20) days notice. _ 8.11 Legal Fees. In the event a claim for damages is made under this Agreement, the claimant shall be entitled to recover reasonable and necessary attorneys' fees, provided that said claim is first presented in writing and remains unpaid for thirty (30) days. 8.12 Non -Discrimination. In performing this Agreement, contractor agrees it will not engage in discrimination in employment of persons because of the race, color, sex, national origin or ancestry, or religion of such persons. 8.13 Prohibition against Assignment. There shall be no assignment or transfer of this Agreement without the prior written consent of both parties hereto, except as follows: Contractor shall be permitted to assign its right to be paid by the County after completing its work on an Initiative. 8.14 Rule of Construction. Each party and its legal counsel have been afforded the opportunity to review and revise this Agreement. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments of exhibits hereto. 8.15 Severability. Each paragraph and provision hereof is severable from the entire Agreement and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. 8.16 Terminology and Definitions. All personal pronouns used herein, whether used in the masculine, feminine or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular. 8.17 Waiver. The failure on the pan of any party to exercise or to delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein. IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the date written below. EXECUTED THIS DAY OF , 2001 AGREED: CALHOUN COUNTY, TEXAS Name Title Address: ACCEPTED BY: VERTEX, INC. A Business Unit of Unificare, Ltd. Federal Identification Number 75.2795617 Charles A. Green Vice President 2010 Valley View Lane, Suite 300 Dallas, Texas 75234 �30 INITIATIVE: Alien Assistance Program A) Description of Vertex's Contribution: Vertex recognizes that Calhoun County County, Texas is being underpaid for housing illegal aliens prior to disposition of their cases. Vertex will develop the cost data, secure the necessary data required to document qualified inmates, and prepare the Alien Assistance claims. Vertex will work with the Sheriff's Department to optimize future claims by securing 100% allowable data related to inmates. B) Baseline Calculation: Calhoun County County was receiving nothing from this program prior to our initiating the first and subsequent claims. Vertex will be paid its fees, per its contract with Calhoun County County, on all additional amounts generated above this annual baseline amount. C) Claims submitted: 1. None yet D) Total Increased Reimbursements expected: Unknown until cost allocation plan developed and data collected. E) Agreed, Vertex may proceed with this Initiative: Calhoun County County, Texas: • Name Date Vertex, Inc: Title Charles A. Green Date Vice President REPORT FROM JUSTICE COURT JUDGES REGARDING RENEWAL OF OMNI PROGRAM CONTRACT This agenda item was passed to July 9'". FARMERS USING THE CHEMICAL 2,4-D This agenda item was passed to July 9. • a31. PAYMENT OF LEGAL FEES IN PENDING LITIGATION A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka that the County pay the legal fees in pending litigation in Cause No. 2001-4-13963, Anita L. Koop and Terry J. Cox vs. W. H. Floyd, Individually. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. Commissioner Floyd abstained. VEHICLE REGISTRATION FEES • A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that the county road and bridge fees be left at $5.00. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Texas Department of Transportation VEHICLE TITLES AND REGISTRATION DIVISION • AUSTIN,TEXAS 78779-0001 • (512) 465.7611 IMPOSITION OF EXTRA FEES CALENDAR YEAR 2002 We respectfully request that you indicate below your county's intentions for collection of these fees for calendar year 2002 (January I through December 31, 2002). These fees will first appear on February renewals. (Refer to Motor Vehicle Information Circular No. 1-85). • For calendar year 2002, CALHOUN County will: 1. Retain the current fees of $ 5.00 (no court order required). 2. Impose a new County Road and Bridge Fee of (Court order required prior to September I") 3. Impose a new Child Safety Fund Fee of $ (Court order required prior to September 10` ) 4. Discontinue the County Road and Bridge Fee of (Court order required prior to September Is'7 5. Discontinue the Child Safety Fund Fee of $ (Court order required prior to September 10 ) 6. Impose TOTAL fees of$ • If you indicate that action will be taken as stated in 2, 3, 4, and/or 5 above, please submit a County Commissioner's Court Order to that effect prior to the applicable statutory date of September I" (County Road and Bridge Fee) or September 10`h (Child Safety Fund Fee). Please return your County's intentions so designed for calendar year 2002 in the enclosed postage -paid self-addressed envelope as soon as possible. A faxed response (512/465-3034) will also be acceptable. However, if such response requires a County Commissioners Court Order, we request that the original Order be mailed to us no later than the date indicated above. 232 INSURANCE SETTLEMENT — PRECINCT #2 VEHICLE A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to accept the insurance settlement in the amount of $1,692.84 for damages to a Precinct #2 vehicle.. which was damaged on March 21, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • l.TT VXI 1T TTT(.TTI TTXM0T^WT ! "A XTT W^TI ! AT TT^YT !T TTMU A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to authorize the signing of the Resolution regarding submission of the grant application for the Calhoun County Juvenile Probation JJAEP Program. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. CALHOUN COUNTY RESOLUTION WHEREAS, The Commissioners' Court of Calhoun County fmds it is in the best interest of the citizens of Calhoun County to operate the Calhoun County Juvenile Probation `Boot Camp" for the year 2001; and WHEREAS, The Commissioners' Court of Calhoun County has considered the • proposed application for State and Federal Assistance for the Boot Camp, in the amount of $71,534.00 to be submitted to the Office of the Governor, Criminal Justice Division, Title V Delinquency Prevention Program; and WHEREAS, The Commissioners' Court of Calhoun County has agreed to provide matching moneys for the said project in the amount of $71,809.00, as required by the grant application; and WHEREAS, The Commissioners' Court of Calhoun County has agreed that in the event of loss or mis-use of the Criminal Justice Division funds, Calhoun County Commissioners' Court assures that the funds will be returned to the Criminal Justice Division in full. NOW, THEREFORE, BE IT RESOLVED, that Commissioners' Court of Calhoun County approved submission of the grant application for the Calhoun County Juvenile Probation "Boot Camp" to the Office of the Governor, Criminal Justice Division, Title V Delinquency Prevention Program in the amount of $71,534.00. PASSED AND APPROVED by Calhoun County Commissioners Court on this the 29`s day of June, 2001. Roger C. ¢alvan, Calhoun County Co ssioner, Precinct 1 Michael Balajka, Calhoun County Commis oner, Precinct 2 APPROVED A ene N. M rshall, County Judge Z 3 3 Resolution Supporting Boot Camp Grant Application Criminal Justice Division, Title V Delinquency Prevention Program in the amount of $71,534 June 29,2001 Page Two • H. Floyd, Calhoun County Commissioner, Precinct 3 enneth W. Finster, Calhoun County Commissioner, Precinct 4 ATTEST Paul, County Clerk ? lzz�" "Aj, t • AUTOMATED BALANCE REPORTING AGREEMENT WITH INTERNATIONAL BANK OF COMMERCE A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to approve the automated balance reporting agreement with International Bank of Commerce and authorize the County Judge to sign. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. INTERNATIONAL ®BANCSHARES CORPORATION ❑ (BC Laredo ® IBC Port Lavaca ❑ IBC San Antonio ❑ Commerce ❑ IBC Zapata ❑ IBC Corpus Christi ❑ IBC Houston ❑ IBC Mc Allen ❑ IBC Brownsville AUTOMATED BALANCE REPORTING AGREEMENT • This Automated Balance Reporting Agreement is entered into as of the day of June 2001, by and between County of Calhoun,Texas ( "Customer") and International Bank of Commerce ("Bank"). Customer is duly organized and validly existing under laws of Texas and is a Corporation; a General Partnership; a Limited Partnership; an Association; _ a Management Company; _ a Joint Venture; x Other Government Entity (describe) 234 In consideration of the respective undertakings of the parties as set forth in this Agreement, and for other good and valuable consideration which they each acknowledge to be sufficient, the parties agree that the Bank shall provide Automated. Balance Reporting Services to the Customer based on the terms contained herein. Accounts to be reported: Name Method of Reporting: See Attached List. Bank Account Port Lavaca (08) Terminal Contact person for notification of reporting difficulties: Phone Phone -Please list additional accounts on attached sheet. Charges. Balance Reporting charges listed on Pricing Schedule A (attached hereto and incorporated herein) shall becharged 1 of against the Customer's primary account and shall be reflected on the Customer's monthly primary account analysis statement, beginning with the first month of reporting. The Customer understands and agrees that when service is terminated, charges for the last month of service will be reflected on the account analysis statement the month following termination. Customer shall maintain a demand account (Customer's primary account) with the Bank in an amount at least equal to the amounts then currently due and payable to Bank for all amounts due under this Agreement. Customer's primary account shall be maintained for a period of one hundred twenty (120) days following termination of this Agreement. Bank may place a hold on such account until all amounts due under this Agreement are paid in full either by direct payments or through debits to this account. The Bank may, in its sole discretion, change pricing upon thirty (30) days written notice. Written Instructions. The Bank will provide the Customer with written instructions for accessing the Balance Reporting Service. The Bank will take all reasonably prudent pre= cautions to ensure that the Customer information in the .IBC LINK Balance Reporting System will remain confidential and protected from disclosure and unauthorized access by third parties. There shall be a rebuttable presumption that third party computer companies engaged by the Bank shall have satisfied their obligations to maintain confidentiality of Customer information. Hold Harmless and Indemnification. ' The Customer hereby authorizes the Bank to initiate Automated Balance Reporting Services and agrees that the Bank's responsibility under this. Agreement shall be limited to the exercise of ordinary care as demonstrated by industry standards. In addition, with respect to all claims or controversies raised by third parties, the Customer agrees to reimburse and indemnify the Bank for, and hold it harmless, against any loss, liability, claim or controversy of any kind arising out of, or in connection with the performance by the Bank of its duties and obligations under this Agreement as well as the cost and expense, including but not limited to reasonable attorney's fees of defending against any claim or liability arising out of, or relating to this Agreement. Under no circumstances shall the Bank be liable for special consequential, or punitive damages of any kind related to this Agreement or the services provided hereunder. 2 01 6 N35 • 4. Joint and Several Liability. If this Agreement is executed by more than one party, each such party shall be jointly and severally liable for the obligations of the Customer under this agreement. All of the covenants and agreements to be performed by, and the rights conferred upon, the Customer and the Bank shall be binding upon and inure to their benefit, respectively, and their respective heirs, executors, administrators, grantees, successors, and assigns. If the _ Customer is a corporation, general partnership, limited partnership, joint venture, trust or other entity, the execution and delivery by the Customer of this Agreement and the performance by the Customer hereunder, are within the Customer's powers and have been duly authorized by the Customer's Board of Directors, shareholders, partners, venturers, trustees, or other necessary parties, as the case may be, and all other requisite action for such authorization has been taken. 5. Notice. All notices which either party is required or may desire to serve upon the other party shall be effective when received, and shall be sufficient if given in writing,. hand delivered, sent by telegraph or First Class United States Mail, postage prepaid, addressed to the Customer at the address shown below the Customer's Signature and to the Bank at: • International Bank of Commerce ATTENTION: Cash Management Dept. 2416 Cee Gee San Antonio, Texas.78217 or to such other address as either party may hereafter designate in writing to the other party. 6. Modifications. No provision of this Agreement may be modified, waived, or terminated except by instrument in writing executed by the party against whom a modification, waiver, or termination is sought to be enforced. 7. Severability. In case any of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 3Of6 • w36 • Election of Remedies. The Bank shall have all of the rights and remedies granted in the Agreement and available at law or in equity, and these same rights and remedies shall be cumulative and may be pursued separately, successively, or concurrently against the Customer at the sole discretion of the Bank. The exercise or failure to exercise any of the same shall not constitute a waiver or release thereof or of any -. other right or remedy, and the same shall be non-exclusive. No Third Party Beneficiary. This Agreement is for the sole benefit of the Bank and Customer and is not for the benefit ,of any third party. 10. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the laws of the United States applicable to transactions • with such State. 11. Termination. This Agreement may be terminated by either party at any time by giving thirty (30) days written notice to the other party. 12. Arbitration. Customer further agrees with Bank as follows: a. Any controversy between the Parties (as defined below) shall be settled by arbitration, in accordance with the Commercial Arbitration Rules, then obtaining, of the American Arbitration Association. Any arbitration hereunder shall be before at least three arbitrators associated with the American Arbitration Association and selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award of the arbitrators, or of a majority of them, shall be final, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction. b. Arbitrable disputes include any controversy or claim between the Parties, including any claim based on contract, tort, or statute, arising out of or relating to the transaction evidenced by this Agreement or any other proposed or actual agreement, is past, present and future agreements involving the Parties, and any transactions contemplated 4of6 2;37 hereby, and any aspect of the past, present, or • future relationship of the Parties. C. Depositions may be taken and other discovery obtained in any arbitration under this agreement. d. For purposes of this provision, "The Parties" means Customer and Bank and/or holder of this Agreement, and each of them. "The Parties" shall also include - individual officers and employees of the signators of this Agreement. The Parties shall have the right to invoke self-help remedies and/or ancillary of provisional judicial remedies before, during, or after any arbitration. The parties need not await the outcome of the arbitration before using self-help or provisional remedies. Use of self-help or ancillary and/or provisional remedies shall not operate as a waiver of either Party's right to compel arbitration. f. Any aggrieved Party shall serve a written demand for arbitration to any and all opposing parties within 180 days after dispute has arisen. A dispute is defined as having arisen upon receipt of a written demand or service of judicial process. Failure to serve a demand for arbitration within the time specified above shall be deemed a waiver of the aggrieved Party's right to compel arbitration of such claim. g. Any arbitrator selected shall be knowledgeable in the subject matter of the dispute. Qualified retired judges shall be selected whenever possible through panels and maintained by the American Arbitration Association. Customer and Bank shall pay an equal share of the arbitrators' fees and expenses. h. All statutes of limitations which would otherwise be applicable shall apply to any arbitration proceeding hereunder. In any arbitration proceeding subject to these provisions, the arbitrators, or a majority of them, are specifically empowered to decide (by documents 5of6 • w38 only, or with a hearing, at the arbitrators' sole discretion) prehearing motions which are substantially similar to prehearing motions to dismiss and motions for summary adjudication. j . The provisions of this section shall survive any termination, amendment or expiration of the ' Agreement in which this section is contained, unless all of the Parties otherwise expressly agree in writing. t k. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement, save and except to the extent that Article 238 Section 2, Tex. Rev. Civ. Stat. Ann., allows immediate appeal of a ruling granting and/or denying a motion to compel arbitration. 1. The arbitrators, or a majority of them, shall award attorney's fees and costs to the prevailing Party pursuant to the terms of this Agreement. The terms of this Agreement are agreed to this day of June 2001 -57 (Customer) (Printed Name) (Title) Address: 6 of 6 International Bank of Commerce UZ (Printed Name) (Title) • • • 239 INTERNATIONAL BANCSHARES CORPORATION ❑ IBC Laredo ❑ IBC Zapata ❑ IBC Mc Allen ❑ Commerce ❑ IBC San Antonio ❑ IBC Brownsville ® IBC Port Lavaca ❑ IBC Corpus Christi ❑ IBC Houston ATTACHMENT 1 Additional Security Procedures •In addition to the security procedures set forth in Section II. B., Customer agrees that it will be subject to the following addi- tional security procedures. Customer acknowledges and agrees that these procedures are solely for its benefit and convenience. International Bank of Commerce (Bank) shall be entitled to rely on any written or electronic notice or other means of written or electronic communication believed by it in good faith to be genuine and to have been signed by or on behalf of, or authorized by, or on behalf of, the authorized Customer Representative, and any such communication shall be effective as p authorized signature and/or notice regardless of whether the person signing and/or forwarding it was authorized to do so. The Customer will indemnify and hold harmless Bank from and against any and all claims made by any third -parties regarding the Customer's use of the services and/or system. Personal Computer Wire Transmission The authorized Customer Representative will access the Bank Link customer module by utilizing the prearranged log -on proce- dures, remote ID, and test key file ID. Further security passwords may be implemented as instructed by the IBC representatives. Safeguarding of the log -on procedures, passwords and test keys are solely the responsibility of the Customer and its authorized Customer Representatives. The Customer accepts sole responsibility for maintaining security over the information and pro- cedures utilized in this Agreement. The Customer will forward written or electronic instructions to set up any repetitive wire instructions to the Cash Management Department at 2416 Cee Gee, San Antonio, Texas 78217. The Customer will be solely responsible for any other wires (non - repetitive) originated through the Bank Link customer module. The Customer is solely responsible for the accurate creation, modification, and deletion of the account information maintained on the Customer's personal computer and used for the Bank Link wire transfer. The Customer agrees to comply with written procedures provided by Bank for the creation, maintenance, and initiation of the Bank Link wire transfers as specified in the Bank Link user's guide. The Customer is solely responsible for access by its employees to the data files maintained on the Customer's computer and •Bank shall have no duty to monitor, control or limit access to said data files by the Customer's employee. The Customer is solely responsible for operator security procedures on the personal computer(s) on which the Bank Link module is located. Signed: Title: Date: Customer Representative: County of Calhoun, Texas Acknowledged: Bank Name: International Bank of Commerce — Port Lavaca Officer: Date: DART GUN — SALVAGE A Motion was made by Commissioners Finster and seconded by Commissioner Floyd to declare dart gun (SN# RI0852) as salvage and that it be destroyed. Commissioners • Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. JAIL FEASIBILITY STUDY COMMYI'TEE — REPORT AND CONTRACT NEGOTIATION Judge Marshall reported that the Jail Feasibility Study Committee has met numerous times and has selected three finalists and interviewed each one. They recommend that Facility Group/DCW Architect be awarded the contract for the jail feasibility study. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to allow the Jail Feasibility Study Committee to negotiate a contract for approval of the Court for the jail feasibility study with Facility Group/DCW Architect. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. TAX ASSESSOR -COLLECTOR AND JP PRECINCT #4 — MONTHLY REPORTS The Tax Assessor -Collector presented her monthly report for May 2001 and J. P. Precinct #4 presented his monthly reports for February through June, 2001 and after reading and verifying same, A Motion was made by Commissioner Balajka and seconded by Commissioner Finster that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET ADJUSTMENTS — COMMISSIONER PCT #2 — R&B PCT #1— EXTENSION SERVICE — CONSTABLE PCT #2 — DISTRICT ATTORNEY — AHtPORT FUND — SHERIFF/JAIL — R&B PCT #2 — R&B PCT #1— BUILDING MAINTENANCE — LIBRARY — EMERGENCY MANAGEMENT — R&B PCT #4 A Motion was made by Commissioner Balajka and seconded by Commissioner Finster that the following Budget Adjustments be approved. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BDDOET AMENDMENT REQUEST /! I-� To: Calhoun County Commissioners' Court From: ca�. b. �oIYYTI . .--', (Department making this request) Date: bILII0l I request an amendment to the &001 budget for the year following line items in my department: OL Aocount / ---Aocount Name d 6rld e Fi.lel Tools tires—� r(� W Tele�t)on6 Amendment ---Amount _ <bglaoo 5boo. Do ao.00 150. oo Reason • Net change in total budget for this department is: $_-_ -'V • Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners! Court approval is obtained. Signature of official/department head: (LW) NGxUV.--' Date of Commissioners' Court approval: Date posted to General Ledger account(s): .2 1L • BUDGET AMENDMENT REQUEST -=',.„:= `TO: CALHOUN COUNTY COMMISSIONERS'COURT -•-•;,.:,;;.,:;,�,,_;;,,_, •� ; •. FROM: R/B PRECINCT 1 _ -- r DATE! 6126/01 - .:r..,.:,. .iC'--`.. i;'•_::';'... ..: >_,;..,: ':-,: BUDGET FOR THE YEAR: 2001 ". ;.. '..' >, :.T;•: :. ,' AMENDMENT AMOUNT ,.'. _'. ._"v,.%':� CCOUNTAM % ;R GL ACCOUNT NO. ASO 100054053020 GENERAL OFFICE SUPPLIES 148 LINE ITEM TRANSFERS 1000.540S3992 SUPPLIES -MISCELLANEOUS 177 100054053810 BUILDING SUPPLIES/PARTS 26 100054053640 JANMORSUPPUES ZZ7 1000540-53610 ROAD/BRIDGE SUPPLIES To1a1 /or GENERAL FUND (578) 0 "v. •'.; to IOTA k4n"_° HAN•• B DGE� x�Y, SIGNATURE OF ELECTED OFFICIAUDEPARTMENT HEAD APPF"OVILED JUN 19 2001 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: &A A ttL� (Department making this request) Date: 6 Q 1 I request an amendment to the oL O( budget for the year following line items in my department: Amendment GL Account # Account Name Amount »»» llo CC, Net change in total budget for this department is: other remarks/justification: — aaaaaaaeaaeev 3 Reason �.Q PO 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): E • 243 is • • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: C, i C-t a (Department making this request) Date: la -010 -o I I request an amendment to the - S�0(01 budget for the year following line items in my department: GL-Account.#- o - 3g3P o- 3)-do 45 . 40. WMA Net change in total budget for this department is: Other remarks/justification: Amendment __Amount____ 56 L ;sy > Reason��^YM� 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): A4 BUDGET AMENDMENT REQUEST r To: Calhoun County Commissioners' Court From: 1 )I�A� lJlN1uV�KGI z (Department making this request) Date: 6 -AOA I I request an amendment to the O 4l budget for the year following line items in my department: Amendment GL Acc/oun_t #^ Account Name __-Amount---- �(o' lSl�i� qo ..�..____...,_-....__� ...,.._.. Net change in total budget for this department is: Other remarks/justification: Reason • I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: • Date posted to General Ledger account(s): i BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: a4a • (Department making this request) Date: �_(661 I request an amendment to the J-0 0( budget for the year following line items in my department: GL�Account�#� Account Name WOW l Net change in total budget for this department is: Other remarks/justification: Amendment Amount ------- Reason^ C2 35 g,35 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • A: BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: SHERIFF (760YJAIL (180) DATE: 6128/01 BUDGET FOR THE YEAR: 2001 AMENDMENT AMOUNT ALACCOUNT NO. ACCOUNT NAME REASON 1000-760-51620 ADDITIONAL PAY -REGULAR RATE 1,994 REQUIRED BY PAYROLL 1000-760-51610 OVERTIME (3,042) 1000-180.51620 ADDITIONAL PAY -REGULAR RATE 1,048 Total for GENERAL FUND 0 0 NET CHANGE IN TOTAL BUDGET APPROVED EJUN9 2001 • • A247 • • I BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT W.GL.ACCOUNTNO FROM: RIB PRECINCT 2 DATE: 6128I01 BUDGET FOR THE YEAR: 2001 AMENDMENT AMOUNT REASON ACCOUNTNAME 1000.550.57540 1000-550-51910 1000-550-51940 1000-550.51950 1000-550.53510 TEMPORARY SOCIAL SECURITY WORKERS COMPENSATION FEDERALISTATE UNEMPLOYMENT ROADIBRIDGE SUPPLIES Total for GENERAL FUND 3,317 254 201 18 (3,790) REQUIRED BY PAYROLL 0 0 NET CHANGE IN TOTAL BUDGET APPROVED JUN E92001] a4S BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS'COURT FROM: RIB PRECINCT 1 DATE: 6128101 BUDGET FOR THE YEAR: 2001 AMENDMENT GLACCOUNT NO. ACCOUNTNAME AMOUNTIREQUIRED REASON 1000-54051540 TEMPORARY 2.595 BY PAYROLL 1000-540-51910 SOCIAL SECURITY 199 100054051940 WORKERS COMPENSATION 157 1000540-51950 FEDERAUSTATE UNEMPLOYMENT 14 100054053510 ROAD/BRIDGE SUPPLIES (2,965 Total for GENERAL FUND 0 0 NET CHANGE IN TOTAL BUDGET APPROVED JUN 2 9 2001 • Ad • 11 • )0 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: BUILDING MAINTENANCE DATE: 8128101 Rai,LO00070�51218 BUDGET FOR THE YEAR: 2001 ACCOUNTNAME AMENDMENT AMOUNTlop WORKERS COMP ADJUSTMENTS 122 REQUIRED ASSISTANT BUILDING SUPERINTENDENT (122) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED JUN 2 9 2001 w50 • BUDGET AMENDMENT REQUEST � I . TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: LIBRARY DATE: 6128101 BUDGET FOR THE YEAR: 2001 "1000440-51700 AMENDMENT ACCOUNT NAME MOUNRMEALALLOWANCE 6 REQUIRED BYTRAVEL OUT OF COUNTY (6) Total for GENERAL FUND 0 0 NET CHANGE IN TOTAL BUDGET APPROVED JUN292001 • n,51. BUDGET AMENDMENT REQUEST • i • JUN 2 g 2001 a52 13 � BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT DATE: 6128/01 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO AMOUNT ACCOU NAM REA O 1000-570-63530 MACHINERY/EQUIPMENT REPAIRS 548 LINE ITEM TRANSFER 1000-570.53510 ROAD & BRIDGE SUPPLIES (548) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED JUN 2 9 2001 • ;53 CJ • 0 0 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CONSTABLE PRECINCT NO. 1 DATE: 6128101 01000p,58066316 BUDGET FOR THE YEAR: 2001 AMENDMENT AMOUNT RAO TRAINING TRAVEL OUT OF COUNTY 166 LINE ITEM TRANSFER 1000-58"(1332 AUTO ALLOWANCES (166) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 w5 • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: C��S��56RbR1FTZGa•jn� �Tc�h?D �RoStCI' (Department making this request) Date: (,1 zq 101 I request an amendment to the budget for the year following line items in my department: Amendment GL Account # Account Name Amount Reason R4 u rF- A__Je J z�JI 3�00 O has�0 � u - • s Net change in total budget for this department is: other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: • Date of Commissioners' Court approval: OF �y^ Date posted to General Ledger account(s): 55 • • CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADIUST.FOR 629/01 Fund Effective Code Date Fund Title 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Total 1000 2610 2610 Total 2610 Report Total l n D.1, 6a8aWl CA 6292001 GENERALFUND 6292001 GENERALFUND 6292001 GENERALFUND 6292001 GENERALFUND 6292001 GENERAL FUND 6292001 GENERALFUND 6292001 GENERAL FUND 6292001 GENERALFUND 6292001 GENERAL FUND 6292001 GENERALFUND 6292001 GENERAL FUND 6292001 GENERALFUND 6292001 GENERALFUND 629200I GENERALFUND 6292001 GENERAL FUND 6292001 GENERALFUND GENERALFUND 6/292001 AIRPORT FUND 6292001 AIRPORT FUND AIRPORT FUND Transaction Description LINE ITEM TRANSFER REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LETTERING FOR VEHICLE LETTERING FOR VEHICLE LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL Dept Title ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #4 ROAD AND BRIDGE -PRECINCT #4 CONSTABLE -PRECINCT # 1 CONSTABLE -PRECINCT # 1 CONSTABLE -PRECINCT #2 CONSTABLE -PRECINCT #2 EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT SHERIFF SHERIFF LINE ITEM FER NO DEPARTMENT LINE ITEM T FER II NO DEPARTMENT GL Title ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES TIRES AND TUBES GASOLINE/OIL/DIESEUGR... TOOLS TELEPHONE SERVICES ROAD & BRIDGE SUPPLIES MACHINERY/EQUIPMENT REPAIRS AUTO ALLOWANCES TRAINING TRAVEL OUT OF COUNTY GENERAL OFFICE SUPPLIES LAW ENFORCEMENT SUPPLIES GENERAL OFFICE SUPPLIES PROGRAM SUPPLIES OVERTIME ADDITIONAL PAY -REGULAR RATE INSURANCE -AIRPORT LIABILITY UTILITIES • Inereese Decrease 6,770.00 3,790.00 750.00 5,000.00 20.00 1,000.00 548.00 548.00 166.00 166.00 55.00 55.00 63.00 63.00 3,042.00 1,994.00 18,199.00 18,160.00 235.00 235.00 235.00 235.00 18,434.00 18,395.00 Pepe 2 Fund Code 1000 1000 1000 1000 1000 1000 1000 1000 I000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 n�nz�m. rm Effective Date Fund Title 6292001 GENERALFUND 6292001 GENERALFUND 6292001 GENERAL FUND 6/292001 GENERALFUND 6292001 GENERAL FUND 6292001 GENERALFUND 6/292001 GENERAL FUND 629/2001 GENERAL FUND 6292001 GENERAL FUND 6292001 GENERALFUND 6292001 GENERAL FUND 6292001 GENERAL FUND 6292001 GENERAL FUND 6292001 GENERALFUND 6292001 GENERALFUND 6292001 GENERALFUND, 6292001 GENERALFUND 6292001 GENERALFUND 6292001 GENERALFUND 6292001 GENERALFUND 6/292001 GENERAL FUND 6292001 GENERAL FUND 0 CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADJUST.FOR 629101 Transaction Description TO PROPERLY CHARGE SUBSCRIPTION PO#8998 TO PROPERLY CHARGE SUBSCRIPTION PO#8998 REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL POSTAGE REIMB. BY HOT CHECK RESTITUTION REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL Dept Tide EXTENSION SERVICE EXTENSION SERVICE LIBRARY LIBRARY BUILDING MAINTENANCE BUILDING MAINTENANCE JAIL OPERATIONS DISTRICT ATTORNEY ROAD AND BRIDGE -PRECINCT # 1 ROAD AND BRIDGE -PRECINCT # 1 ROAD AND BRIDGE -PRECINCT # l ROAD AND BRIDGE -PRECINCT #I ROAD AND BRIDGE -PRECINCT # 1 ROAD AND BRIDGE -PRECINCT # 1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT # I ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 0 GL Title PROGRAM SUPPLI TRAVEL OUT OF COUNTY -COUNTY AGENT MEAL ALLOWANCE TRAVEL OUT OF COUNTY ASSISTANT BUILDING SUPERINTENDENT WORKERS COMP ADJUSTMENTS ADDITIONAL PAY -REGULAR RATE POSTAGE TEMPORARY SOCIAL SECURITY WORKMENS COMPENSATION FEDERAIISTATE UNEMPLOYMENT GENERAL OFFICE SUPPLIES ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES BUILDING SUPPLIES/PARTS JANITOR SUPPLIES SUPPLIES -MISCELLANEOUS TEMPORARY SOCIAL. SECURITY WORKMENS COMPENSATION FEDERAL/STATE UNEMPLOYMENT JUV,,Ze 2001 6.00 122.00 1,048.00 39.00 2,595.00 199.00 157.00 14.00 148.00 26.00 227.00 177.00 3,317.00 254.00 201.00 18.00 6.00 122.00 2,965.00 578.00 P., I • •. CA • D �T N O {�O a < m 0 a ACCOUNTS ALLOWED — HOSITAL 6 g I 8 $ � 8 2 of Claims totaling $809,419,99 Operations, $367,424,74 Payroll, and $64,375.58 Indigent Healthcare for a grand total of $1,176,844.73 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioners Galvan that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GENERAL DISCUSSION E I8S � g J 8 Commissioner Finster said the plat of Deerwood Estates in Port O'Connor to be filed by Port O'Connor Country Club is on the agenda for July 13's. Commissioner Balajka asked if everyone received the two letters he sent them from Morgan Spear. Judge Marshall mentioned the article in the Victoria Advocate on June ISO regarding commissioners vacating seats on committees to which they were appointed. She gave the article to the Court along with the Attorney General's opinion. THE COURT RECESSED AT 11:45 A.M. UNTIL 1:30 PM THIS AFTERNOON. a58 SPECIAL JUNE TERM HELD JUNE 29, 2001 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 29th day of June, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 1:30 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: CONTROL PROJECT In attendance were Calhoun County Navigation District board members J. C. Melcher, Jr., Roger Martinez, Randy Boyd, Tony Wehmeyer, Paul Blasingim, Wanda Roberts, Attorney and Robert Van Borssum. Roger Martinez, Chairman of the District, read the Calhoun County Navigation District agenda for today: "Recommendation for Erosion." Randy Boyd stated that what the committee came up with as a joint project is to build the sand filled beach for 1,000 feet, put in a bulkhead or concrete mattress, put palm trees in the area, put in rock groins for a sand filled beach for protection and for a public use area. Authorization is needed to proceed with the engineering. The cost is $86,000 and the General Land Office has their portion — The County and the Navigation District need to contribute $10'780.23 each and authorize the appropriation of funds. The costs will be figured at about 2 million dollars for budgeting purposes whidiwill be 12 '/z % each for the County and Navigation District. He suggested materials from the area be used. Groins will be capped so people can fish. The north groin will go out 150 feet in the existing water and the south groin, 300 feet. The concerns are shoreline protection, the roads and public use. Shannon Salyer, a citizen, said the beautification committee will improve the state park. Mr. Van Borssum said the State has the funds available and we will be ready to start on January I' to advertise for construction. He requested acceptance of the recommendations of the joint committee. A Motion was made by Commissioner Floyd and seconded by Judge Marshall to accept the recommendations of the Joint Committee and authorize moving forward to establish a project cooperation agreement with the Texas General Land Office for the engineering phase of the Indianola/Magnolia Beach Erosion Control Project. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. The Navigation District closed their meeting. THE COURT ADJOURNED AT 1:45 P.M. • • 1J:� REGULAR JULY TERM HELD JULY 9, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 9th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd (ABSENT) Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. I Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pat. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Judge Marshall lead the Pledge of Allegiance. APPROVAL OF MINUTES A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that the minutes of November 14, November 17, November 30, December 11 and December 15, 2000 meetings be approved as presented. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pct. 1 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Michael J. Balajka Marlene Paul, County Clerk Commissioner, Pct. 2 By Shirley Foester, Deputy MEMORIAL MEDICAL CENTER— MONTHLY FINANCIAL REPORT Buzz Currier, Hospital Administrator, presented the following monthly report for • Memorial Medical Center for year to date ending May 31, 2001. He said the hospital will put the safety testing equipment out for bids again. He reported the hospital is on target in reaching their goals. At their upcoming workshop they will identify the five critical issues, including revenue and reimbursement by the government and shortage of personnel. 60 MEMORIAL MEDICAL CENTER YEAR-TO-DATE SUMMARY MAY 31, 2001 OPERATING REVENUE 7,060,816 LESS: OPERATING EXPENSES (6,544,173) CHANGE IN INVESTMENT: Accounts Receivable- (188,376) (incr) Decr Accounts Payable- (130,880) (incr) Decr Prepaid Expense- (21,618) (incr) Decr Inventory (29,176) �a CCU �nut c • 516,643 (370,050) TOTAL INVESTMENT CHANGE ([NCR) DECR 146,593 PLUS: Depreciation 844,196 Contribution to the County 0 990,789 PLUS: County Subsidies (EMS) 379,750 Total Cash- 1,370,539 Incr (Decr) LESS: Equipment Purchases 71,541 NET CASH- INCR (DECR) 1,442,080 • 1 dZGI MEMORIAL MEDICAL CENTER PORT LAVACA, TEXAS • PHYSICIAN'S ANALYSIS REPORT MAY 31, 2001 YTD YTD YTD REVENUE CONTRACTUAL WRITE-OFF NET REVENUE NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT APOSTOL,C.F. 67,278.48 392,632.39 108,105.14 29,290.38 255,236.87 65% WILLIAM, G.A. 69,750.61 406,453.54 135,309.39 30,321.43 240,822.71 59% LIN,M.S. 116,085.04 613,772.10 193,762.94 45,787.40 374,221.76 61% SMITH, J.K. 41,611.87 336,703.32 70,111.95 25,118.07 241,473.30 72% PENTECOST, L.V. 15,606.99 53,364.79 12,592.01 3,981.01 36,801.76 69% MCFARLAND, T.R. 173,579.40 1,079,807.64 309,533.69 80,553.65 698,720.30 65% GRIFFIN, JEANNINE 4,098.05 146,652.74 48,625.09 10,940.29 $7,087,35 590/0 BUNNELL, D.P. 131,024.24 1,256,085.30 477,989.24 93,703.96 694,392.10 54% ROLLINS, L. 75,988.56 301,752.21 74,387.73 22,510.71 204,853.77 680/0 ARROYO-DIAZ, R. 186,107.78 894,290.56 319,931.52 66,714.08 507,644.96 57% GILL, J. 117,520.35 492,085.99 143,336.17 36,709.61 312,040.20 63% 0.00 0.00 0.00 0.00 0.00 0% CUMMINS, M. 46,383.53 233,125.67 40,472.77 17,391.18 175,261,73 75% RUPLEY, M. 9,969.19 87,913.63 13,488.88 6,558.36 67,866.39 77% LEE,J 55,048.52 270,161.51 108,534.85 20,154.05 141,472.61 52% LE, NHI 36,256.70 381,263.64 64,565.63 28,442.27 288,255.74 76% CARAWAN,S. 225,665.90 578,161.24 123,739.21 43,130.83 411,291.21 71% STEINBERG, R. 7,228.69 56,096.25 4,948.34 4,194.78 46,963.13 84% RAMOS LABORATORY 1,449.05 3,329.95 0.00 248.41 3,081.54 93% VISITING PHYSICIANS 233,315.59 879,521.54 155,487.01 65,612.31 658,422.22 75% ER PHYSICIANS 415,040.67 2,073,534.15 296,091.53 154,685.65 1,622,756.98 78% NO LOCAL PHYSICIAN 16,249.26 325,037.18 708.96 24,247.77 300,090.44 920/9 OTHER 448,469.54 2,098,122.94 269,630.42 156,061.71 1,672,430.81 80% TOTAL 2,493,727.91 12,959,868.28 2,962,342.47 966,347.91 9,031,177.89 70% 3 u 262 CURRENT LIABILITIES ACCUUNTS PAYABLE ACCRUED PAYABLES ACCRUED PAYROLL ACCRUED RETIREM€NT ACCRUED STATE SALES TAX RESERVE FOR ASBESTOS 8 TERMITES RETENTIDM-CDNSTWION IN PROGRES ACCM VACATION/ROLIDAY/SICK CAPITAL LEASES DRLIBATION MMP BONDS REPORTABLE BW DISCOUNT FOSP OBLIGATION FOR BONDS TOTAL CURRENT LIABILITIES..... LONG TERN LIABILITIES MMP BONDS TOIAL LONG TERM LIABILITIES.... TOTAL LIABILITIES .............. RE ) EARNINGS Sb-Al RM BALANCES YEAR-TO-DATE GAIN/LO55 TOTAL GENERAL FLIO) BALANCE..... TOTAL UNRESTRICTED LIABILITIES. RESTRICTED FUND ASSETS MEMORIAL FU FORMOSA TRUST TOTAL RESTRICTED FUND ASSETS... RESTRICTED FUND LIABILITIES RESTRICTED FUND BALANCE FORNOSA TRUST BALANCE TOTAL RESTRICTED F(RO LIAR..... ✓ MEMORIAL MEDICAL CENTER • BALANCE %RT AS OF: 05/31/01 THIS YEAR LAST YEAR LAST M[NTH 05/31/01 05/31/00 04/30/01 557,229.78 539,192.59 454,611.25 240,276.95 186,137.66 282,370.36 293,313.50 307,940.38 308,626.48 (4,748.13) 64,645.92 (4,748.13) 22.87 3,245.53 1,179.86 .00 .00 .00 66, 619.08 108, 739.43 bb, 619.08 320,891.39 335,324.39 320,891.39 680,254.00 758,458.00 680,254.00 165,000.00 155,000.00 165,000.00 (21,674.00) (23,366.00) (21,674.00) 21,476.46 19,644.46 10,738.23 2,318,661.90 2,454,967.36 2,263,868.52 2,660,000.00 2,825,000:00 2,660,000.00 2,660,000.00 2,825,000.00 2,660,000.00 4,978,661.90 5,279,967.36 4,923,868.62 • 14,146,419.99 16,608,220.89 14,146,419.99 57,466.93 (603,407.50) 294,594.35 14,2A 886. 92 16,004,813.39 14,441,014.34 19,182,548.82 21,284,780.75 19,364,882.86 14,681.52 13,918.33 14,63279 533,637.41 533,637.41 533,637.41 548,318.93 547,553.74 548,270.20 14,681.52 13,918.33 14,632.79 533,637.41 533,637.41 533,637.41 • 50,318.93 547,555.74 548,270.20 9 263 0 Operating Expense Salaries Employee Benefits Professional Fees Plant Operation Hospital General Other Operating Expenses Total Operating Expense MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the s Moneu Ending May 31, 2001 SINGLE MONTH — YEAR TO DATE Current Budget Prior Year Current YTD Budget YTD Prior YTO 588,245.86 696,291.33 670,995.58 137.113.89 140,406.45. 138,051.54 18 T; 316.08 160, 900. 58 152, 925.85 35;104.49 36,025.00 32,822.00 29,225.99 54,416,66 30,208.36 384,045.16 424.295.86 464,971.04 1,355,051.47 1,512,335.88 1,489,974.37 Net Operating Gainl(Loss) (16,528.87) (1,245,52) 95,751.45 Non-0perafing Expense Depreciation 166,643.19 152.582.76 107.419.99 Contribution to County 0.00 0.00 0.00 Total Non -Operating Expense 166,643.19 152,58276 107,419.99 3,018,767.07 3,391,614.34 3,231,708.15 676,721.71 695.044.30 637.635.16 840,766,27 804,502.90 694,763.44' 170,293.85 180,125.00 156,096.20 168,416.24 272.063.30 152,432,27 1,669,207.95 2,121,585.65 2,017,981.01 6,544,17309 7.464,955.41) 6,890,616.23 (920,782.40) (346,443.14) 516,642.58 (93,368.55) (62,347.00) 844,195,67 762.913,80 $38,322.77 0.00 0.00 844.195,67 762,913.80 538,322.77 Total Operating GaW(Loss) (183,172.06) (153,828.28) (11,668,54) (327,653.09) (856,282.35) (800,669.77) C, Subsidy 54,250.00 41,666.67 0.00 (379,750.00) 208,333.35 0.00 Net Gaird(Loss) after Subsidy (237.422.06) (195,494.95) (11,668.54) 52,196.91 (1,064,615,70) (8(4,669.77) Page-2- 0 BIDS AND PROPOSALS — FUEL The following bids were opened on July 2, 2001 and read by County Auditor Comiskey today for the period beginning July 16, 2001 and ending August 15, 2001. After reviewing said bids a Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that Diebel Oil Company as the low bidder be awarded the bid for fuel to be delivered and Mauritz and Couey be awarded the bid for the automated card system fuel as low bidder. Commissioners Galvan, Balajka, Floyd, and Judge Marshall all voted in favor. FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. PRICEIGALLON UNLEADED GASOLINE $.a q_ PREMIUM UNLEADED GASOLINE $_,q a_ X APPROXIMATE = TOTAL GALLONS/MO X 3800 9� DIESEL FUEL (LOW SULFUR) CD 4 $-'01_ X 2500 $ 3j lL,, o C> $ebb $ G^ ax> TOTAL BID PRICE $,1J b THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING JULY 16, 2001 AND ENDING AUGUST 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: J ! may• e 6 CITY, STATE, ZIP: .� 1 PHONE NUMBER:^'s a;), -f ILS10 AUTHORIZED SIGNA/TUR-E.:} TITLE: DATE: �7" • 265 FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. PRICEIGALLON X APPROXIMATE - TOTAL / G TA�1 UNLEADED GASOLINE S • Z 3 S X 3800 - 5� l �l 70 PREMIUM UNLEADED GASOLINE S 1 0J-W' X 40M = 5 'S�1�ll0.06 • DIESEL FUEL (LOW SULFUR) S �-7 X 2500 - S P7S.Q0 TOTAL BID PRICE s 9263.73.0 THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING IULY 16, 2001 AND ENDING AUGUST 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. • SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER//�lEirz (a�Ey n i ADDRESS: A) le�oX 7'IDO !f1 CITY, STATE, ZIP: 0-7- (,,km.q fK `7?975 PHONE NUMBER 6S2-- 7&6 Y PRINT NAME: IO/ri AUTHORIZED SIGNATURE: TITLE: ml e DATE: le aCjO / FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL, WE THE UNDERSIGNED, AGREE TO FURNISH FUEL, ACCORDING TO THE ATTACHED FUEL SPECIFICATIONS, USING AN AUTOMATED CARD SYSTEM, TO THE COUNTY'S SHERIFF'S DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL, EMERENCEY MEDICAL SERVICE AND OTHER VEHICLES AS DESIGNATED FROM TIME TO TIME BY THE COMMISSIONERS COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE FOLLOWING TWENTY-FOUR HOUR AVAILABILITY LOCATION: PRICE PER GAL ON UNLEADED GASOLINE s MID GRADE S 'i7'/-r PREMUIM UNLEADED GASOLINE S zm %s� DIESEL FUEL LOCATION: (MUSZT BW�iTN ST. CITY OF PORT LAVACA OR WITHIN A (5) FIVE MILE RADIUS OF THE CTTY OF PORT LAVACA.) THE CONTRACT WILL BE FOR THE PERIOD BEGINNING IULY 16, 2001 AND ENDING AUGUST 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT INVOICES ON PURCHASES TO THE PURCHASING DEPARTMENT. PRICE QUOTED DO • NO.2�T INCLUDE TAXES. ME NAOP BIDDER 9Z4a2, IfC /1 C e V ADDRESS: P666X 1760 CI7'Y,STATE=: Ajar 1-AUHGA. %Y -771713 PHONE NUMBER SSZ- 760 y PRINT NAME: —rbm 4 m OMNIBASE,_INC CONTRA RENEWAL WITH JUSTICE COURT JUDGES Nancy Pomykal, JP Pct #5, gave the report from the Justice Court Judges regarding the OMNI base program contract. She said they entered into the contract in September, 1998 with the OMNI program. The Justices of the Peace are asking the Court to not renew the Contract, as it is not cost effective to the County. It is time consuming and there are • downtimes in the systems. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to authorize the County Judge to advise OMNIbase, Inc. in writing that the current contract in existence for the Justice Courts will not be renewed. Commissioners Galvan, Balajka, Floyd, and Judge Marshall all voted in favor. In discussion, JP Precinct #3, Gary Noska, stated that the JP Courts are in dire need of software and this is to be put on the agenda at a later date. AERIAL SPRAYING OF 2.4-D — EXTENSION OF TIME Mr. Roger Havlak, Extension Service agent, requested that the date for prohibition of aerial spraying of 2, 4-D be changed from March I& through September 15'h to March I& through August 15°i. To change the regulation, a public hearing must be held with publication 10 days prior to the hearing, after which, the Court may approve it. This must be entered into the Court Minutes. After the Texas Department of Agriculture is notified, they can change the rule. The process is a 60-day period. This applies to any regulated herbicide by air. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to authorize the County Judge to start the process for a public hearing followed by Court action to chase the date for aerial spraying of 2, 4-D from March le through • September 15 to March 1& through August 150'. Commissioners Galvan, Balajka, Floyd, and Judge Marshall all voted in favor. CALHOUN COUNTY 4-H YOUTH COORDINATOR POSTPION Roger Havlak, Extension Service agent, presented the resume of Jennifer Perkins, applicant for the Calhoun county 4-H Youth Coordinator position. He interviewed her on Friday. He requested approval of the Court to hire her. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to offer the position of Calhoun County 4-H Youth Coordinator to Jennifer Perkins. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. CALHOUN COUNTY SHERIFF'S DEPARTMENT NARCOTICS INVESTIGATION DIVISION— REMOVAL TO NEW LOCATION Mark Daigle with the Sheriffs Department said there is a problem with the location of the Sheriff's Department Narcotics Investigation Division. They have located a site that is owned by the Navigation District at a cost of $400 a month with utilities paid. This will require an agreement with the Port Commission. A Motion was made by Judge Marshall and seconded by Commissioner Balajka for the • Calhoun County Sheriffs Department Narcotics Investigation Division to relocate to a new facility at $400 a month with utilities paid. In discussion, Commissioner Floyd said there was not enough information as this should be an interlocal agreement and the lease has not been seen. Judge Marshall withdrew her Motion and Commissioner Balajka withdrew his second. This is to be placed on the agenda for Friday. FUNGUS IN COURTHOUSE This agenda item was passed, as no information was available m 2001 SALES TAX HOLIDAY • 0 • Calhoun County will be participants in the 2001 Sales Tax Holiday on August 3rd, 4th and Sth, 2001. GIFT FROM DOW CHEMICAL PLANT A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan.to accept the gift from Dow Chemical Plant of $20,000 for Equistor (household and hazardous waste collection day 2001). Commissioners Galvan, Balajka, Floyd, and Judge Marshall all voted in favor. CONSULT WITH COUNTY AUDITOR ON PENDING FINANCIAL MATTERS County Auditor Ben Comiskey informed the Court that insurance rates have increased; mostly premium increases. ACCOUNTS ALLOWED — COUNTY Claims totaling $211,148.41 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that said claims be approved for payment as presented. Commissioners Galvan, Balajka, Floyd, and Judge Marshall all voted in favor. AND SEADRIFT VFD/EMS A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, and Judge Marshall all voted in favor, .. - BIIDGBT AMEFIIIMBNT aEpD88T To: Calhoun County CammiaeiOners' Court `'ruin' 'dQI YU a� (Department making this request) Date: '1-5_0 ) I request an amendment to the ad()l budget for the followin line items in Year 9 my department: aL lCeount oZXo—!,a xld� IazxRy ll��l. '�l'�wtf• Not ebaage fn total budget for this department is, $ — Q Other remarks/justification: ............ I understand that my budget cannot be amended as requested until Co®issioners' Court approval in obtained. Signature of official/department head; Date of COmmiesioneral Court approval: Date posted to General Ledger account(a): BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: — a P I J (Department making this request) Date: 11-5 _a' I request an amendment to the 001 budget for the ear following line items in my department: GL�Account �#^ 51110 - 0 5q 9 Amendment Account Name -Am ount- ~-_ ^- ..-Reason P_____e_ Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners, Court approval is obtained. signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • 0 269 • • • BUDGET AMENDMENT REQUEBT To: Calhoun County Commissioners' Court From: 2aL —j (Department6makin this request) Date: d 7 0 a O I request an amendment to the a UGC / budget for the following line items in my department: GI,_A000unt _ �', Sao-s399a 35�U - dG/ yd SS�a-�osrta S5'U - 3 3S/o ___ A000unt_Name Net ohange in total budget for this department is: Other remarks/justification: d Amendment Amount____ 3 Reason 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): WE E BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court �/✓� From: (�� I ,�- mod — (Department making this request) Date: I request an amendment to the c�001 budget for the year following line items in my department: GL Account # Account Name Net change in total budget for this department is: Other remarks/justification: Amendment --Amount -------- Reason_ JUL - 9 2001 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): R NMI HDDGET AMENDMENT REQDEST To: Calhoun County Commissioners' Court vp From: CRE '(Department making this request) `a l� Date: V\Sn� a II J I I request an amendment to the budget for the year following line items in my department: Amendment GL Account # Account -Name ---Amount---- ------- Reason ------ �------- \'� ADS bb ;r`pp �t ,I 9 2001 Net change in total budget for this department is: $ Other remarks/justification: C\eeA CA- 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): 0 272 BUDGET AMENDMENT REQUEST )_ To: Calhoun County Commissioners' ,Court From: (Department making this request) Date: I-S-0 I request an amendment to the cZ oo budget for the following line items in my department: Account # Amendment GL Acc _ _ Account Amount �� d1Uar, ea 731�, 300 Net change in total budget for this department is: Other remarks/justification: Reason�yY�`� 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): • C� • 2da3 _ I BUDGET AMENDMENT REQUEBT • To: Calhoun County Commissioners' Court From: J (: z:tment making this request) Date: D 7 - f I request an amendment to the o20 0 / budget for the year following line items in my department: Amendment GL Account #- Account Name Amount j'!o-o 04006 L7�5bv-53G�G �ar,��'vR S'uo„!r<s # / 000 • Net change in total budget for this department is: other remarks/justification: -- ----Reason - I understand that my budget cannot be amended as requested until Commissionerse Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): P BUDGET AMENDMENT REQUEST To: Calhoun County Comrissioners' Court From: precinct 3 & Seadrift VFD/EMS ( ctment making this request.) Date: 06/12/01 I request an amendment to the 2001 budget for the year following line items in my department: GL Account Account Name 17 -560-63920 Prct. 3 Misc. 14a-340-650 Seadrift .M /VFD Services w Net change in total budget for this department is: Other remarks/justification: Amendment Amount Reason - a3g� ----- ------------------- To assist Seadrift VFD/EMS in payment for service on Dept. pagers • $ 0 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: . Date posted to General Ledger account(s): J1 S,e J I�(l n -�- C'ALBU UNCOUN'I'Y,'IXXAS Cn G r L3/\`'J S U'P"VA BudgetTmMelions- BXPENDADIUSTFDR7NMl �I 1 G�cQ j u store Af Fund ElTalive Code D Fund Title Tmnsaction Description Dept Title 1000 7/9/2001 GENERALFUND LINE ITEM TRANSFER MISCELLANEOUS 1000 7/9/1001 GENERAL FUND LINE ITEM TRANSFER MISCELLANEOUS 1000 719/2001 GENERALFUND TO ASSIST SEAD. VFD/EMS AMBULANCE IN PAYING FOR SERVICE OPERATIONSSEADRIF3' ON PAGERS 1000 7/9/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND BRIDGE-PRECNCT OI 1000 W92001 GENERAL FUND LINE ITEM TRANSFER ROAD AND BRIDGE -PRECINCT p] 1000 7/972001 GENERAL FUND LNE ITEM TRANSFER ROAD AND BRIDGE-PRECINCTPI 1000 719f2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND BRIDGE-PRECINCTPI I OOO 7/91'2001 GENERALFUND LINE ITEM TRANSFER ROAD AND BRIDGE-PREC24CTIII 1000 7/9i2001 GENERALFUND LINE ITEM TRANSFER ROAD AND BRIDGE -PRECINCT 01 low 7/912001 GENERAL FUND LINE ITEM TRANSFER ROAD AND BRIDGE-PRECINCTNI 1000 7/9/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND BRIDGE -PRECINCT 43 1000 7/9/2001 GENERAL FUND LINE REM TRANSFER ROAD AND BRIDGE-PRECNCT O3 ID00 7/9/2001 GENERALFUND TO ASSIST SEAD. VFD/EMS ROAD AND IN PAYING FOR SERVICE BRIDGE-PPECINCT413 ON PAGERS 1000 7/9/2001 GENERAL FUND LINE ITEM TRANSFER CONSTABLE -PRECINCT g1 1000 7IW2001 GENERAL FUND LINE ITEM TRANSFER CONSTABLE -PRECINCT N2 IOW 7M12001 GENERALFUND LINE ITEM TRANSFER FOR FIRE PROTECTION -PORT PAGERS LAVACA 1000 71V12001 GENERAL FUND LINE ITEM TRANSFER FOR FIRE PROTECTION -PORT PAGERS LAVACA Total GENERALFUND IO0O 5134 7/9/2001 CAPITAL PROJECT NEW LINE ITEM TRANSFER NO DEPARTMENT EMS BUILDING 5134 71'920O1 CAPITAL PROJECT NEW LINE REM TRANSFER NO DEPARTMENT EMS BUILDING GLTille INSURANCE-L"UTY AND PROPERTY INSURANCE -VEHICLE AND EQUIPMENT SERVICES MACHINERY PARTWUPPLB:S ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES BUILDING SUPPLIES/PARTS SUPPLIES -MISCELLANEOUS BUILDING REPAIRS SUPPpIn1ES_ 9 2001 AUTO ALLOWANCES EQUIMENT-COM MUNICA... EQUIPMENT -FIRE HOSE LEGAL FEES STUDY -BUILDING increase Detrtase I 37.615.00 m 37,615.00 P U) 239.00 3 420.00 2,599.OD 420.00 1.154.00 255.00 1.124.00 1,000.00 23900 50.00 3,090.00 3,090.00 43.012.00 45,012.00 300.00 300.00 Ana )Mgnll Dyc1 • a a d Ln to IO In a F O Q O U 7 O Q U O Fund E1Teclive Code Date Fund Title 1000 7/512D01 GENERAL FUND 1000 715.12001 GENERAL FUND I DOO 7/5/2001 GENERALFUND 1000 7/512001 GENERAL FIND 1000 715/2001 GENERAL FUND 1000 7/3/2001 GENERAL FUND 1000 7152001 GENERAL FUND 1000 715/2001 GENERALFUND 1000 71520D1 GENERALFUND 1000 7/V2001 GENERALFUND 1000 7/5/2001 GENERALFUND 1000 7152001 GENERALFUND 1000 7/52001 GENERAL FUND Total GENERAL FUND I D00 5134 5134 E N 5134 N Report Total N Total O I` �Jliafaaat 715/2001 CAPITAL PROJECT NEW EMS BUILDING 7/p2001 CAPITALPROIEC TNEW EMS BUILDING CAPITAL PROJECT NEW EMS BUILDING CALHOUN COUNTY, TEXAS ,...,..,...111 Unposlcd Budget Transzclions- EXPEND.ADJUST.FOR7/5/01 , 7 Transaction Description LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE MM TRANSFER LINE ITEM TRANSFER LUTE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER FOR PAGERS LINE ITEM TRANSFER FOR PAGERS LINE ITEM TRANSFER LINE REM TRANSFER Dept Title MISCELLANEOUS MISCELLANEOUS ROAD AND BRIDO&PRECINCT NI ROAD AND BRIDG&PRECINCF NI ROAD AND BRIDGE -PRECINCT /I ROAD AND BRIDGE-PRECINCTNI ROAD AND BRRJOE-PRECMCT#I ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE-PRECINCTHI CONSTABLRrPRECINCT N2 CONSTABL&PRECINCT 112 FIRE PROTECTION -PORT LAVACA FIRE PROTECTION -PORT LAVACA GLTitle INSURANCE -LIABILITY AND PROPERTY INSURANCE -VEHICLE AND EQUIPMENT MACHINERY PARTS/SUPPLIES ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES BUILDING SUPPLIES/PARTS SUPPLIES -MISCELLANEOUS BUILDING REPAIRS TELEPHONE SERVICES AUTO ALLOWANCES TRAINING TRAVEL OUT OF COUNTY EQUIPMENT-COMMUNICA... EQUIPMENT -FIRE HOSE NO DEPARTMENT LEGALFEES NO DEPARTMENT STUDY -BUILDING Afir i JUL - 9 2001 i 0 POTS Increase Decrease 37,615.00 37,613.0-0 42D.00 1 21599-00 420.00 1,154.00 255.00 1,I24.00 66.00 50.00 50M 3,090.00 3,090.OD 43,774.00 43,774.00 300.00 300.00 300.00 300.00 44.D74.D0 44,074.00 rq.: I r Fund Code 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Total 1000 5134 5134 Effective Date Fund Title 7/9/2001 GENERALFUND 7/9/2001 GENERALFUND 7/9/2001 GENERAL FUND 7/9/2001 GENERAL FUND 7/9/2001 GENERALFUND 7/9/2001 GENERALFUND 7/9/2001 GENERALFUND 7/9/2001 GENERALFUND 7/9/200I GENERAL FUND 7/9/2001 GENERALFUND 7/9/2001 GENERALFUND 7/9/2001 GENERAL FUND 7/9/2001 GENERAL FUND 7/9/2001 GENERALFUND 7/9/2001 GENERALFUND 7/9/2001 GENERAL FUND 7/9/2001 GENERALFUND GENERALFUND 7/9/2001 CAPITAL PROJECT NEW EMS BUILDING 7/9/2001 CAPITAL PROJECT NEW �URDING CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADJUST.FOR 7/9/01 Transaction Description LINE ITEM TRANSFER LINE ITEM TRANSFER TO ASSIST SEAD. VFD/EMS IN PAYING FOR SERVICE ON PAGERS LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER TO ASSIST SEAD. VFD/EMS IN PAYING FOR SERVICE ON PAGERS LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER FOR PAGERS LANE ITEM TRANSFER FOR PAGERS LANE ITEM TRANSFER LINE ITEM TRANSFER Dept Title MISCELLANEOUS MISCELLANEOUS AMBULANCE OPERATIONS-SEADRIFT ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #I ROAD AND BRIDGE -PRECINCT #3 ROAD AND BRIDGE -PRECINCT #3 ROAD AND BRIDGE -PRECINCT #3 CONSTABLE -PRECINCT #2 CONSTABLE-PRECINCT#2 FIRE PROTECTION -PORT LAVACA FIRE PROTECTION -PORT LAVACA NO DEPARTMENT NO DEPARTMENT 11 GL Title 10 pcy5 INSURANCE -LIABILITY AND PROPERTY INSURANCE -VEHICLE AND EQUIPMENT SERVICES MACHINERY PARTS/SUPPLIES ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPL ES BUILDING SUPPLIES/PARTS REPAIRS Increase Decrease 37,615.00 37,615.00 238.00 i 420.00 2,599.00 420.00 1,154.00 255.00 1,124.00 — 66.00 `�I,U00:00 _ 9 2001 1,000.00 E P 238.00 COUNTY EQUIPMENT-COMMUNICA... EQUIPMENT -FIRE HOSE LEGAL FEES STUDY -BUILDING 50.00 50.00 50 00 3,090.00 3,090.00 45,012.00 45,012.00 300.00 300.00 6 a a x a O O rt n c 6 I h a ^N W lJ N Oo O O GENERAL DISCUSSION Sheriff Browning stated that Dow Chemical Plant collects the paints from the hazardous waste collection, blends them together and gives the mixture to the Sheriffs Department to cover graffiti, etc. Commissioner Galvan stated the insurance adjuster does not want to go into arbitration on the windstorm damages so will probably double the check. Judge Marshall informed the Court of the resignation of Precinct #4's Constable, Claude Nunley. • THE COURT RECESSED AT 11:05 A.M. UNTEL FRIDAY. NE SPECIAL JULY TERM HELD JULY 13, 2001 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 13th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 . A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge (ABSENT) Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pet. 3 Kenneth W. Finster Commissioner, Pet, 4 Shir.lev Foester Deputy County Clerk Thereupon the following proceedings were had: Judge Marshall gave the Invocation and Commissioner Finster led the Pledge of Allegiance. CALHOUN COUNTY CONSTABLE PRECINCT #4 — RESIGNATION A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to accept the resignation of Claude W. Nunley, Constable Precinct #4, with regret. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. Mr. Nunley addressed the Court concerning his position as Constable and his resignation. • JULY 6 2001 • ARLENE N. MARSHALL Calhoun County Judge Mrs Marshall please accept my resignation as Constable pct. 4 as Of today, July 6 2001. qlsu� ThaYout4e Claude W., DEERWOOD ESTATES SUBDIVISION IN PORT O'CONNOR— APPROVE PLAT IN PCT #4 Commissioner Finster requested the approval of the plat of Deerwood Estates, a subdivision in Port O'Connor be passed and put on the agenda of July 31, 2001. The statement from the Appraisal District had not yet been obtained. Commissioner Finster requested that the process to abandon a part of the American Townsite Company Subdivision for Sea Lake Subdivision in Precinct 44 be started. The subdivision will encompass 368.94 acres; however, will not include Tract 1728. The petition is for abandonment of the five -acre tracts to be re -platted as Sea Lakes Subdivision. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to accept the request for abandonment and revision of the plat of the American Townsite • Company Subdivision, which is to be put on a future agenda. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. ALA WAI SUBDIVISION EASEMENTS IN PRECINCT #4 — CONSIDER FOR CEMENT DRIVE WAY APRONS Claughton Johnson with Rexco, Inc. stated that Rexco put in two drains in the Ali Wai Subdivision in Port O'Connor that are lower than the street and any other property on the street. The drives are going onto the County easements. He requested permission from the County to put in these drains on 12a' Street in Port O'Connor. Commissioner Finster said the Texas Association of Counties informed him to enter into the Order that the County was not responsible for this and if the concrete driveway ever has to be removed, it will be at the owners' expense. The problem will be handled in the precinct and not with the Commissioners' Court, A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that the property owners in the Ali Wai Subdivision be allowed to pour concrete drive- way aprons on I Street from Water Street to Commerce Street with the stipulation that • the property owners are responsible for maintenance or removal, if the county deems necessary. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. CLOSING OF PART OF WATER STREET IN PORT O'CONNOR FOR POCO BUENO A Motion was made by Commissioner Finster and seconded by commissioner Floyd to close Water Street in Port O'Connor between 13'b and 15's Streets on July 20 and July 21, 2001 for Poco Bueno. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. TRANSPORTATION EXCELLENCE FOR THE 21ST CENTURY (TEX-21) No action was taken by the Court. COASTAL MEADOWS SUBDIVISION IN PORT O'CONNOR — APPROVE PRELINUNARY PLAT Commissioner Finster discussed the preliminary plat of Coastal Meadows Subdivision in • Port O'Connor in Precinct #4. There is a fence on the east side for which the responsibility of same is in question. There is no developed road; however, there is an easement which is fenced off. Acceptance of the roads should be noted on the plat. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the preliminary plat of Coastal Meadows Subdivision in Port O'Connor, Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. 281. GENERAL DISCUSSION — CONSTABLE PRECINCT #4 POSITION Stephanie Smith, Elections Administrator, stated she had spoken with Elizabeth Hanshaw with the Secretary of State's Office. The position of Constable Precinct #4 cannot be filled on the Constitutional Amendment Election (General Election) this year. This can be handled through the primary election as if it were up this year and shown as Constable Precinct #4 unexpired term. They would go through the primary as if it were up for election and then the general election as if it were up for election that year. The • candidate who received the most votes should be appointed right after the election. The vacancy does not have to be filled by appointment, it can be left only until the primaries and general elections. Someone can be appointed to fill the vacancy now and they handle it all the way through the next year's general election. An appointee would hold office through November of next year (filling in until a candidate is elected in the 2002 General Election. The position expires 2004. This item is to be put on the agenda at the end of the month. CAMERA WITH TABLE IN EMERGENCY MANAGEMENT — SALVAGE A Motion was made by Judge Marshall and seconded by Commissioner Floyd to declare an Electro-Quad Camera with table pedestal (Inventory #406-0056, Model #32A-7/10) as salvage. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. EXECUTIVE SESSION — LEASE OF OFFICE SPACE FOR SHERIFF'S The Court, being in open session, the County Judge as presiding officer publicly announced that Commissioners' Court would go into a closed meeting as authorize By Chapter 551 of the Texas Government Code. Section 551.072 authorizes a governmental body to deliberate in executive session on certain matters concerning real property. It provides as follows: A Governmental body may conduct a closed meeting to deliberate • the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. (Sheriff's Department Lease for off -premise office space.) The Judge publicly announced that before any final action, decision or vote is made regarding the subject matter of the said closed meeting, this meeting will be reopened to the public. The Court went into closed session at 10:40 A.M. The Court reopened the meeting to the public at 10:50 AM. A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to authorize the Sheriff to lease an off -premise office space in an amount not to exceed $400 per month. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Balajka and seconded by Commissioner Finster that the following Budget Adjustments be approved. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. • ✓• i BUDGET AMENDMENT. REQUEST To: Calhoun County-�Commm�issiooners' Court 1/ From: �J 1%�GL��QI�A/J/ 0 O Cgr/La� �OJ (Department making thiW request) Date: 1- 1 L—O 1 I request an amendment to the COI budget for the year following line items in my department: GL�Account �#� ► \' Amendment Account Name Amount Reason ............----____ _ __ ______--- ��. 4 Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 283 CJ • I Tot Calhoun/ycounty commissioners' Court From: C eltm 6&e t f (Department making this request) Date: -7- 9-0/ I request an amendment to the dog/ budget for the year following line items in my department: Amendment GL Account f __ Account !lame Amo t Reason --- "t�jDmO _ ...---- - oZ3o - Cfl335D ?p ]let change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. ��11 signature of official/department head: /17 Date of Commissioners' Court approval: !�- • Date posted to General Ledger account(s): 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court / From: l � , PAAp �TAYLc✓l , 1�2C9�1C/k(} � epartment makin4 this request) U Date: -�/—(a,_oI I request an amendment to the Q,9) ,3I budget for the year following line items in my department: Amendment G_L_�^Account #� Account Name^_^ ^^�Amount�� (l� __ll Net change in total budget for this department is: Other remarks/justification: Reason,^^_�� I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 285 0 • • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: 0 (Department making this request) Date: -1— )�--a I request an amendment to the d I budget for the year following line items in my department: Amendment GL Account # Account Amount Reason .....-----....--- r.-----,--------------- ----- - Net change in total budget for this department is: 3 Q3Q Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: • Date posted to General Ledger account(s): BUDGET To: Calhoun County Co is iAMENDMENT REQUEST onersI court . From: (De artment mak ng thin request) Date: -1 _1 k_oI I request an amendment to the p Q budget for the following line items in my department: GL Account # Account Na---- Amount Reason 0 (Any (�(Jo Net change is total budget for this department is: $ Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners, Court approval: Date posted to General Ledger account(s): 2137 • 0 0 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: 0 r ( I (Department making this request) Date: ✓1 —I o 1 request an amendment to the dbudget for the year following line items in my department: Amendment GL Account_#� Account Name - Amount --_ Flo T. Net change in total budget for this department is: $ _ Other remarks/justification: �t Reason�___YY 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): IIBUDGET AMENDMENT REQUESTII I To: Calhoun County Commissioners' Court From: I (Department making this request) Date: �— � 0I I request an amendment to the C.P dl budget for the year following line items in my department: Amendment GL�Account �#_ w^�Account�Name_,_ -Name--_�___�^Reason_�� _ _ ______- _-- ______ ___ 62—s35�5 -=Iools , la0 510 _ o0 Net change in total budget for this department is% other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • Fund Effective Code Date Fund Tide 1000 7/132001 GENERAL FUND 1000 7/13/2001 GENERALFUND 1000 7/13/2001 GENERALFUND 1000 7/13/2001 GENERALFUND 1000 7/13/2001 GENERALFUND 1000 7/132001 GENERALFUND 1000 7/13/2001 GENERALFUND 1000 7/13200L" GENERALFUND 1000 V132001 GENERALFUND Ieee 14:Ib: DL5; 1000 1000 1000 1000 1000 1000 1000 1000 Total 1000 ir, Datc: 7/11RW1 7/132001 GENERALFUND V132001 GENERALFUND 7/132001 GENERALFUND 7/132001 GENERALFUND 7/132001 GENERALFUND 7/132001 GENERALFUND 7/132001 GENERALFUND 7/132001 GENERALFUND 7/132001 GENERAL FUND 7/132001 GENERALFUND 7/132001 GENERALFUND GENERALFUND CALHOCOUNTY, LI Unposted Budget TTmnsactions - EXPENDADJUST.FOR 711310 ] A P P O V Transaction Description JUVENILE PROB. OFFICE RENOVATION JUVENILE PROB. OFFICE RENOVATION LANE ITEM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS TO PAY PO# 11893 TO PAY PO# 11893 TO PAY PO# 11893 AS NEEDED FOR PROPERTY/EQUIFMENT INSURANCE RENEWAL AS NEEDED FOR PROPERTY/EQUIPMENT INSURANCE RENEWAL AS NEEDED FOR PROPERTY/EQUIPMENT INSURANCE RENEWAL AS NEEDED FOR PROPERTY/EQUIPMENT INSURANCE RENEWAL LINE ITEM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS LANE ITEM TRANSFERS LANE ITEM TRANSFERS LINE ITEM TRANSFERS Dept Title BUILDING MAINTENANCE BUILDING MAINTENANCE JAIL OPERATIONS JAIL OPERATIONS JAIL OPERATIONS COMMISSIONERS COURT COMMISSIONERS COURT COMMISSIONERS COURT MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS INDIGENT HEALTH CARE ROAD AND BRIDG&PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BR=E-PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 SHERIFF SHERIFF GL TiI JUL 1 3 2001 Increase UNIFORMS PRISONER LODGING -OUT OFCOUNTY PRISONER MEDICAL SERVICES GRANTSERVICES LEGAL SERVICES TEXAS SETTLEMENT INDEPENDENCE REGION INSURANCE•AMB MALPRACTICE INSURANCE -LIABILITY AND PROPERTY . INSURANCE -VEHICLE AND EQUIPMENT CARE OF INDIGENTS MACHINERY PARTSISUPPLIES ROAD & BRIDGE SUPPLIES SUPPLIES -MISCELLANEOUS RENOVATION -BUILDING ROAD & BRIDGE SUPPLIES TOOLS SUPPLIES -MISCELLANEOUS AUTOMOTIVE REPAIRS { 410.00 410.00 8,410.00 8,000.00 1,000.00 500.00 1,500.00 8,400.00 30,000.00 78,400.00 100,000.00 600.00 1,125.00 325.00 200.00 100.00 100.00 500.00 500.00 120,445.00 120,445.00 .y • OALHOUN COUNTY, TEXAS • Unposted Budget Transactions - EXPEND.ADJUSTTOR 7113/01 Fund Effective Code Date Fund Title Transaction Description Dept Title 5220 7/13/2001 CAP.PROJ. FAIRGROUNDS AS NEEDED TO PAY BB.IS NO DEPARTMENT STORM RECOVERY FORREPAIRS Total CAP.PROJ. FAIRGROUNDS 5220 STORM RECOVERY Report Total GL Title CAPITAL OUTLAY Increase Decrease 1,100.00 1,100.00 0.00 121 y15.00 120,445.00 ma: Fmd snnm C.d. M. Fmd Tide 5330 7/IJR001 OECOVOAOIINDS • STORM STORM RECOVERY TOuI ]/1L2001 Teul CAPPROJ. PAIRMUNDS 5220 STORM RECOVERY Repro TOW CAI.ITOUN COUNTY, TRRAS Unpme:dR WTimwcdeee-REVENUB AD n.]AY01 TTmeeNmDemipdm Dvtmfle OLMd. ASNEEDEDTOPAYBB]S NO DEPARTMENT PORREPAIRS ( 0 P9LOS 1,100.00 1.100.00 OM 1,100.00 0.00 1,100.00 0.00 'PROVE® JUL 13 2001 The County Treasurer, District Clerk, Extension Service, JP #1, JP #3 and JP #5 all presented their reports for June, 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that said reports be accepted as presented. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED - COUNTY Claims totaling $485,773.41 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that said claims be approved for payment. Commissioners Balajka, Floyd, Finster and Judge Marshall all voted in favor. GENERAL DISCUSSION Commissioner Balajka advised the Court the revised plan for the proposed new EMS station will cost approximately 1.1 million dollars; basically cut in half from the original estimate. Another option now on the bay area of the building is being considered. Judge Marshall stated the Texas Department of Transportation has updated their county • map and needs population figures regarding Transportation Excellence for the 21" Century. Judge Marshall received a letter from Nelson Wolff regarding the Texas Water Development Board. They will meet on July I e in San Antonio if anyone wants to attend. THE COURT RECESSED UNTIL 1:30 P.M. 292 REGULAR JULY TERM HELD JULY 13, 2001 THE STATE OF TEXAS § • COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 13th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 1:30 P.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pct. 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Anita Fricke Deputy County Clerk Thereupon the following proceedings were had: 1 M 0 Ell1 • • • • lie re • 1 1 • • ' Judge Marshall opened the meeting. Rolando Reyes, Chairman of the Memorial Medical is Board of Trustees, called his meeting to order and stated they had a quorum though D. J. Williams was absent. Mr. Williams had sent a letter of support, which was read by Judge Marshall. Commissioner Balajka said that he has no problem with the Memorial Medical Center Board regarding the EMS. The problem is that there are two groups with authority over one and the issue with the new EMS facility. The County embarked on this endeavor and never had opposition until it appeared it was going before the voters. Decisions need to be made by the Court and Hospital Board together. He said he has no problem with the Board continuing to administer as long as this Court had the ability to communicate freely with the EMS, the director and it's employees and that they be given the same freedom to communicate with the Court on any needs or suggestions they have. Mr. Reyes said the Board decided that they were going to wait on the Court's decision. It is the Memorial Medical Center Board members belief they have been doing the job that they were appointed to do. This issue is not about the EMS building as it has not been discussed as a Board. Commissioner Floyd said the responsibilities had previously been discussed. The Court's role is to appoint the hospital board and then let the Board run the hospital business and the hospital administrator to report directly to the Board and not the commissioners' Court. Things relevant to the hospital, including EMS, should be reviewed with the Board before reporting to the Court. Who the EMS is to report to is not an issue. They can report either place. In the capacity to supervise, the Board had done an excellent 3 ob with the exception of one or two issues. The Court fully supports EMS as does the Board and should work together to support EMS. 293 Commissioner Floyd stated that those are not the issues. They are: 1. The Court said they would accept responsibility for EMS and formed a committee to see about providing a facility for EMS. Mr. Barber was working with the Court on this but he was told not to communicate with the Court. That is the issue — it has nothing to do with who is supervising. We cannot operate without good communication and if any action restricted this, then it is a problem. 2. More of a reporting relationship between the hospital administrator and • Commissioners' Court instead of the hospital administrator and the Board is needed. This needs to change for the Board to be effective. 3. The hospital's financial problems need to be considered. Mr. Barber now reports to Mr. Currier with the exception of being part of the committee which Commissioners' Court said would take charge of building the EMS facility so he was working on that. The Court was reminded that at a previous joint meeting of September, 1999, it was decided that the County would be responsible for the facilities and the mobile equipment and the hospital for the EMS personnel. Mr. Currier said he was not aware of the 1999 decision and when he learned of it, it could have stopped there. Six or eight months ago, the Board had difficult decisions to make — dismissing one administrator and looking for another. The Board should have officially been made aware of the decisions of Commissioners' Court in relation to a new EMS facility. Mr. Barber said that he had communication with Mr. Bybee while he was still here and later talked to Mr. Currier, Mr. Currier stated that there was a great lack of communication at the hospital then and • there were spending restrictions and the salaries and wages situation which he thought was inappropriate in terns of presenting that program. He had no knowledge of the 1999 meeting which split up responsibilities and once this was clarified, it was obvious that the Court was going to make decisions regarding the construction of the facility and the funding of EMS and he did not have to become involved in this. He has no problem from this point forward with Mr. Barber making presentations on the building if that is what the committee and Court decides. Salaries are not a part of the problem or program. Commissioner Balajka stated that better communication between the Board and this Court as a whole is needed. Commissioner Galvan said the best place for EMS is under the leadership of the hospital board. The hospital board can oversee EMS very well. EMS has risen to the highest quality. Commissioner Finster said it appears that we all want the same thing and hoped we can get over this and move on. The other commissioners agreed. The group all stressed communication. Mr. Reyes said the Board and EMS are both doing a good job and should continue with the EMS and the hospital. IsCommissioner Floyd said that is not the question — it is a communications question. The only thing he asked is that as we move forward, we have no restriction of communications. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that the EMS remain under the administration of the hospital, excluding the EMS facility 294 and mobile equipment, and that there be no restrictions on communications. And if there are restrictions on communications, the Hospital Board and Commissioners' Court will be advised of same and to assure there is no reprisal on this, release of the EMS director would require approval of the Board and the Court. In discussion, Commissioner Finster questioned the reference to the EMS facility. • Commissioner Floyd explained that was to re-establish that but it could be left out. He sees the EMS facility as being something that the Court has taken responsibility for. Commissioner Finster questioned the reference to "approval of release of the EMS director" requirement in the motion. Mr. Currier stated that this must be directed at him because he is the one with that authority which is given to him by the board as someone responsible for hiring and dismissing employees. He was not sure this could be changed — certainly with the current structure as it is. As far as reprisals, he assured the Court that he acts professionally because he is a professional. To suggest a reprisal would be unworthy and he resents that and he wants this to be part of the record. He said there will be no reprisals and he has never acted anything other than professional and would not expect to in this case. Hospital Board Member stated that as far as he knows, the Board has never, never talked about anything like that ... never, never, never. Commissioner Balajka said he didn't think anyone was indicating that there had been. The Board Member stated poor communication and said assurance is needed that if something is going to be done, there will be communication. Mr. Currier said this cannot be done without the knowledge of the Board and Commissioners' Court. He thought that would be very appropriate. He tries to keep the Board informed now; however, some things are precipitous. In order to support any of these things, they have to be substantiated and he certainly would not seek reprisal. Commissioner Floyd said he was sorry he used that word; he was looking for assurances. Mr. Currier gave assurance that everybody will be treated equally and fairly • as long as he is the administrator of the hospital. Commissioner Floyd asked if he would advise the Court if there were any planned action. Mr. Currier replied that he would as long as the action is not contingent on someone else's permission. He thought he was hired with the idea that he has those qualifications and background. Commissioner Floyd said his words were not intended as a slur on him or his character. They were intended to provide some assurance of stability. If people are unsure of their jobs, they tend to focus on that rather that their jobs. Mr. Currier said he had told Mr. Barber on several occasions that he was always impressed with his work and "his job was as secure as mine; as long as I acted satisfactory in the eyes of the people who hired me, then I would have a job" and I promise you, that will apply to Mr. Barber and anyone else. Commissioner Floyd made a Motion which was seconded by Commissioner Galvan to Amend the Motion to take out the reference to "reprisal" in the event there is any intended lay off that the Board and Commissioners' Court would be advised of same by the administrator. In discussion, Commissioner Floyd publicly apologized to Mr. Currier, saying he did not mean that as a threat. Mr. Currier accepted it. Board Member Neil Fritch said that all of them were professional people and he had a problem with singling out one. Mr. Barber is no different than anyone else that works at the hospital under the hospital administrator and he believes the administrator will act as a professional and would not be singling out someone for something they said. Judge • Marshall said she did not believe that we have the right to treat people wrong. The contract gives Mr. Currier authority to dismiss employees. Commissioner Floyd stated that all that is asked is to be advised; not to make the decisions. Judge Marshall replied that every other employee may want to come and ask for the same guaranty and would be entitled to that right. After further discussion among the group, commissioner Galvan retracted his second to the Amended Motion. Commissioner Balajka retracted his Second to the Main Motion and stated that the Motion could be rephrased. 295 Commissioner Floyd said the Motion deals with communications and there would be no restrictions on the EMS. Commissioner Floyd said the Amendment was "to communicate if there was any action with the EMS director". Commissioner Galvan reminded them that he had withdrawn his second to the Amendment to which Commissioner Finster seconded the withdrawal. Board Member said he hoped all had benefited from this experience and will have communication at all times. We need and are proud of our EMS. Commissioner Finster stated that the Board and administration are appreciated and he did not feel that he has • been left out of any communications. No action was taken by the Court. The Court adjourned. SPECIAL JULY TERM HELD JULY 17, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § • BE IT REMEMBERED, that on this the 17th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet, 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 (ABSENT) Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. PREPARATION OF 2002 ANNUAL AND FISCAL BUDGETS The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 11:00 A.M. THE COURT RECESSED. • r'Gj . SPECIAL JULY TERM HELD JULY 17, 2001 THE STATE OF TEXAS § • COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 17th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 1:30 P.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pct. 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: REDISTRICTING MEETING WITH ATTORNEY ROLANDO RIOS The Court reconvened at 1:30 P.M. and at 1:55 P. M. began the meeting with Attorney Rolando Rios to discuss redistricting in Calhoun County. Mr. Rios informed the Court that in regard to precinct lines, the City Council precinct • lines do not have to be followed by the County; they should follow the County's lines. The County should be impacted by the City's actions. The County can cut the city voting precinct lines but the City does not like to do this. If the voting lines cut the precinct lines, then there are A and B numbers. Mr. Rios submitted Plans A, B and C. Mr. Rios and Elections Administrator, Stephanie Smith, discussed the drawing of lines and whether county and city lines have to agree. Mr. Rios stated there is no legal requirement that a county voting line has to be consistent with the city's line. City precincts and map were not available at this time. Commissioner Galvan said the City is waiting on the County. Mr. Rios asked the court their plan preference. He said Plan C has a deviation of 8.7 and maintained minority strength at 67. The three things to consider are: (1) one person, one vote (same number of persons in each district); (2) Section 2 and Section 5 of the Election Code states we cannot redistrict or draw districts that discriminate against minority groups (Blacks and Hispanics); (3) Shaw v Reno — while the strength of the minority cannot be diluted, it cannot be maximized. Plan C has Hispanics maintained at 67% in Commissioner Precinct #1 with a deviation of 8% and Port Lavaca is split up. Ms. Smith said the number of voting precincts should be reduced from 21. • Mr. Rios informed the court that a separate public hearing on the redistricting was not required. It can be held at a regular meeting. The ultimate decision will be the Court's. Two to four months of public input with the Justice Department is needed. The final plan should be submitted to the Justice Department by the end of August. The Court discussed Plan c. FM 2433 needs to go straight to Hwy 35 to get rid of the triangle. Leroy Belk said Plan C would not stand scrutiny. Mr. Rios answered that these plans are defendable in Justice Court. 297 • • Commissioner Floyd stated the objectives are: (1) adjust the 10% disparity in Precinct #4 (2) reduce voter confusion (3) reduce the number of voting precincts. Commissioner Balajka asked the number of people to a voting precinct. Mr. Rios answered 2000. Commissioner Balajka said Precinct #2 has 4 voting precincts, which needs to be reduced. Stephanie Smith stated that if changes are made now, there will be less confusion. She expressed concern regarding the two streets in Mariemont being in Precinct #2. Commissioner Floyd suggested getting rid of the isolated voting precincts. Mr. Rios stated that if the spirit of Plan C can be agreed upon, it can then be refined. Commissioner Galvan stated that the plans approved previously by the Justice Department was not drawn by Mr. Rios. The outcome was the numbers fell correctly and combining was not possible. On the last census, Precinct 41 was 63% hispanic. Commissioner Floyd said if the Court can agree on Plan C, give it to Mr. Rios and let him work with this. Commissioner Balajka stated that they needed to agree on the commissioner precinct lines and then work with the voting precinct lines. Mr. Rios said he would not make any substantial changes. A meeting to discuss the proposals was scheduled for Wednesday, July 25, 2201 at 2:00 P.M. Stephanie Smith, Judge Marshall and Mr. Rios elected to stay and work on the voting precinct maps today in an effort to reduce the number of voting precincts. THE COURT ADJOURNED AT 2:55 P.M. SPECIAL JULY TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD JULY 18, 2001 BE IT REMEMBERED, that on this the 18th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pet. 2 H. Floyd Commissioner, Pet. 3 • Kenneth W. Finster Commissioner, Pct. 4 (ABSENT) Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. PREPARATION OF 2002 ANNUAL AND FISCAL BUDGETS The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 11:30 A.M. THE COURT RECESSED. • SPECIAL JULY TERM HELD JULY 19, 2001 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 19th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster (ABSENT) Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 • Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. PREPARATION OF 2002 ANNUAL AND FISCAL BUDGETS The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 11:30 A.M. THE COURT RECESSED. SPECIAL JULY TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD JULY 23, 2001 BE IT REMEMBERED, that on this the 23rd day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 1:30 P.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: r LJ 299 Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: • Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. REPORT ON COURTHOUSE FUNGUS Judge Marshall introduced Dick Griffin, industrial hygienist, and Armando Medina with Health and Safety Management. Judge Marshall informed the Court that stachybotrys fungus in the Courthouse is limited — found only in a few places. The first report on air samples showed the fungus in the Tax Assessor's office, the Commissioners' Courtroom and the isolation room on the third floor. The second report on tape samples found stachybotrys in the County Clerk's office ceiling by the A/C vent, the Sheriff's office, the third floor lobby area and the County Judge's office on the third floor. Armando Medina stated that they did the mold survey of the Courthouse from May 21 through May 25, 2001. Of the 245 samples taken from inside the Courthouse, 149 showed some kind of mold and 17 of those were stachybotrys. This was found in the not deck, courtrooms, District Clerk's office, Commissioners' courtroom and the judge's old office. Judge Hernandez asked which report should be considered. • Mr. Griffin replied that the other lab to which samples were sent reported "stachybotrys- like" fungus was found. He did not know what they meant by this, as stachybotrys is very distinctive; nothing else looks like it. His conclusions are based on his test results. Dan Heard, District Attorney, questioned some areas being reported as "heavy stachybotrys". Mr. Griffin said some tape samples had 5 to 20- spores — "heavy" means thousands on the tape. The "heavy" areas in the Courthouse are the ceiling tiles over the third floor lobby and the District Clerk's office. Charlie Crober, Building superintendent, asked why it was found on air samples of the Commissioners' Courtroom and not in the other rooms. Mr. Griffin answered that stachybotrys is hard to get air borne; it wants to stay in a damp place, From a health standpoint, there is no difference between live and dead spores. If it is dead, it won't grow but both are toxic. If it is dead, they recommend removal so it won't get air borne. The mold has to have food and water to grow. Keeping humidity below 60% will kill it. Dehumidifiers do kill the mold but before it dies, it releases all of its spores. Jan Duckett asked, if when cleaning the second floor, this will create a risk to the first floor. Mr. Griffin said there is no risk if it is sealed off. He said air samples are not taken during remediation as they do not escape but continued monitoring of the negative air is done. More samples will be done after remediation. There is no other way to do this as there are no instruments for this and mold is everywhere all the time. The concern is • what kind and how much. He said the whole building does not have to be evacuated at the same time during remediation; it can be done in sections. There are ways to block off the air condition ducts. 300 Mr. Heard asked if it is transported through the air condition system. Mr. Griffin stated that it is. It is condensation and mold growth around the vents. To clean the area, use 1 part Clorox to 10 parts water and wipe it down. Stachybotrys does not like to let go. With 45 spores to a cubic meter, there is no harm but this means that there is a spore source which needs to be removed. Mr. Heard wondered it the walls in his office were like those above him. Mr. Griffin . said, `yes, it there is moisture and food there." Toi Dowell said her office is adjacent to the District Clerk. Does she take the fungus home with her? Mr. Griffin said this is not likely as you will find it outside and in your home in damp places. He said the problem with the air conditioning system some time ago may have caused the mold to get air home if the humidity was below 60%. He recommended cleaning all the vents. This is done by using negative pressure. A suction hose is put on the vents to run outside through a filter. Ultra violet light in the ozone will kill the mold but will not remove the spores. Ultra violet light in the A/C system is all right but don't put ozone in the walls as it is harmful to people. Mold has to be physically removed. Do not use pure Clorox to kill the mold. Sheetrock and latex paint are a food source for mold — concrete is not. He discussed several different types of mold. When asked about reasonable levels of aspergillus, stachybotrys and firsarium, the current guidelines with the exception of stachybotrys and fusarium, should be less than outside, and them you are in good shape. Loot at 20% to 88% of what you find outside — this should be what you find inside. If 1,000 outside, should find 800 or less inside. No one knows what is a safe level. Outside tests vary from day to day in the same place. The building cannot be totally cleaned. If species are found to be more inside than outside or species are found inside and not outside, steps should be taken to lower exposure. You can use an ultra violet precipitator. Ben Comiskey, County Auditor, asked if nothing is done, will the level continue to • increase and then everyone could possibly be affected by it. Mr. Griffin said yes, we don't know what a safe level is; the situation here will not get better on its own. Mr. Griffin informed the Court that the relation of mold to humans varies; depending on the immune system, age, sex, weight and chemistry of the body. Some persons may have a reaction to the fungus whereas others may not. He said his company does not do remediation. Someone can be hired to do this or you can do it on your own if you know how and have the equipment. Mr. Griffin said that from a proximity standpoint, when the spore is inhaled, the body decomposes it, then the mycrotopcins will be dispensed within the body, how much depends on the individual. Symptoms are itchy eyes, scratchy throat — asthmatic type symptoms. He said persons who are allergic to penicillin may have a problem in that penicillin is made from the mold penicillium. The Department of Health and some hygiene associations are doing research to discern the proper levels. The Judge thanked Mr. Griffin and Mr. Medina Commissioner Galvan said nothing can be done until the clean up is completed. A copy of Mr. Griffin's report was given to the insurance agent. The clean up will take 6-8 • months to a year. Mr. Heard said he would be looking at temporary office space until the problem is solved. He will report back to the Court. Commissioner Finster suggested that the Victoria Health Department be brought in for their views on the matter. The key, if there is a large concentration, this becomes a serious matter. Jan Duckett wondered if we would be at risk during the clean up. Commissioner's Finster and Galvan stated that it would all be contained and going out the window. 301 • • Judge Hernandez suggested that persons go to their doctor to see if they, individually, are allergic and have a problem with the fungus. Commissioner Finster stated that there is a lot of this going on in South Texas and it is a problem for the insurance companies. Commissioner Galvan said a specialty company is needed to do the remediation; after which, the insurance company will re -test, Judge Marshall said the next step is to get bids for the remediation but the report of the insurance company is needed first. AGREEMENT FOR COMPLETION OF MEMORIAL MEDICAL PLAZA PARKING LOT Commissioner Floyd stated that he had sent out a letter and intended this to be put on the July 24a' agenda. The letter agreement extends the time the insurance company can go on the site and requests authorization to sign the letter of agreement. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka authorizing Commissioner Floyd to sign the agreement between Calhoun County and CAN Surety related to completion of work at Memorial Medical Plaza remaining from the bankruptcy ofKen's Construction. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. HOUSTON, MAREK & GRIFFIN, L1:P. ROBRRT P. HOUSTON• HOWARD R. MARRK... JOHN ORIEFIK, JR•}c LYNN XNAOPP•- DAVIDC.GRZT" LAWRENCC D. ELLIOTT LUIS A. MARTINRr LAURAN L PAIL ROB D. BROWN REBECCA O. ROZMUS AMY S. BERNHARD CYNTHIAT.SIR'/PARD, SPLCIALCOLINAELt ATTORNEYS AT LAW 225 NORTH VIRGINIA, SUITE I PORT LAVACA, TEXAS 77979 TELEPHONE (361) 552-5050 FAX (361) 552-5532 W W W.LAWHMG.COM HMG@LAWHMG,COM t DOAPD CERTIFLED• PERSONAL INJURY TRIAL LAW • BOARD CERTIFIED • CIVIL TRIAL LAW c BOARD CERTWIF.1)•MNRIIMERLAW July19,2001 •• HOARD CSRTIF=- PAMUY LAW ••• BOARD CERTI AD —REAL ESTATE LAW ROAKU CBRTIFW • CIVL APPRI.LATE LAW Mr. Tom R, Barber Ha jaesimile Coats, Rose, Yale, Ryman & Lee, P.C. 17225 El Camino Real, Suite 240 Houston, Texas 77090 Re: Ken's Construction & Paving, Inc. Bond: IX161 3802-00 Obligee: Calhoun County, Texas MAILINGADDRESS P.O. nox IRT PORT LAVACA TEXAS 77979 71'.I.I9IHONR (36I) 512-JOSO VICTORIA OFPICS P.O. BOX 2329 VILIURIA I "A$ 77W2 -I Lrlton(361) J73.3300 FAX (361) F73-5040 Dear Mr. Barber: Pursuant to our conversation, it is my understanding that our respective clients have agreed that, to the extent limitations had not run on or before May 9, 2001, limitations will be tolled for the • period up to and including November 9, 2001, in this matter, subject only to the express written "agreement of both Universal Surety and Calhoun County to an extension of this date. It is farther agreed to between the parties that the County agrees to give your client, Universal Surety, access to the site,upon reasonable notice, at reasonable times, such inspection not constituting a waiver by your client of any defense. If this is acceptable to you, please sign below and return to my office. 302 Sincerely, John W. Griffin, Jr. CNA Surety 0 Calhoun County M AUTHORIZE PARADE ROUTE FOR PORT O'CONNOR INVITATIONAL FISHING TOURNAMENT A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to authorize a parade route in Port O'Connor on July 29, 2001 for the Port O'Connor Invitational Fishing Tournament. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. B10 July 2001 • TO: Mr. Ken Finster County Commissioner Calhoun County FROM: Leroy Taylor Home: 713.660.6680 4063 Aberdeen Way Work 713.346.0942 Houston, Texas 77025-2305 Email: krAgromowmmcom • RE: Parade in Port O'Connor 1 would like to request your permission to conduct a parade through the streets within the township of Port O'Connor, Texas. The details of the parade that are known at this date are: 1. The parade is part of the Saturday evening, July 28, 2001, program for the celebration known as POCIFT— Port O'Connor Invitational Fishing Tournament 2. The parade is scheduled to begin at 7.00 p.m that evening, 3. There will be six (6) vehicles towing trailered boats, 4. The towvehicles and trailered boats.will have people riding In them, 5. The tow vehicles and traiiered boats will be decorated, 6. The route will be: a. Start at 151i and Jefferson streets to Hwy 185, b. West on Hwy 185 to Byers Street, c. South on Byers Street to Maple Street, d. East on Maple Street to the street along the front beach e. North on the street along the front beach to the end of that road, f. West one block to the street that runs in front of the Catholic Church, .g. South along the street In front of the Catholic Church to Adams Street, h. West on Adams Street (Hwy 185) to 1491 Street I. North on 141° street to the comer of 14'° and Jefferson Streets, j. End at 10 and Jefferson Streets. 7. We anticipate the parade to take 45 minutes to an hour. 8.. If time permits, a detour from Maple Street, south on 1 r Street, around by the Fishing Center and north on 1 e Street back to Maple street to continue east • If additional information is required, please contact me at one of the numbers listed above. Thank you for your cooperationl Leroy Taylor THE COURT RECESSED UNTIL TOMORROW AT 9:00 A.M. 303 SPECIAL JULY TERM HELD JULY 24, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 24th day of July, A.D., 2001 there was begun • and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: 9 Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pet: 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pet. 4 (ABSENT) Shirley Foester Deputy County Clerk Thereupon the following proceedings were had Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 11:45 A.M. THE COURT RECESSED. SPECIAL JULY TERM THE STATE OF TEXAS § COUNTY OF CALHOUN § HELD JULY 25, 2001 BE IT REMEMBERED, that on this the 25th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster (ABSENT) Shirley Foester County Judge Commissioner, Pet. 1 Commissioner, Pct. 2 Commissioner, Pet. 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. PREPARATION OF 2002 ANNUAL AND FISCAL BUDGETS The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 11:00 A.M. THE COURT RECESSED. 304 SPECIAL DULY TERM HELD JULY 25, 2001 THE STATE OF TEXAS § • COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 25th day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 2:00 P.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: The Court met with Rolando Rios, Attorney, and Ms. Stephanie Smith, Elections Administrator, in a workshop regarding Redistricting. Mr. Rios had several plans to display for the Court's consideration, being Plan C, Plan C2, Plan C Modified, Plan S (Stephanie Smith), and Plan L (Citizens Plan -Belk). The Court and Ms. Smith discussed and made various changes in each of the plans. The goal was to (1) balance the population, (2) shift the road mileage and (3) reduce the number of voting precincts. Ms. Smith suggested eliminating the three streets in Mariemont from Precinct 92 because of the city ward lines and her concern for number of voting precincts. The difference in Basic Plan C and Plan S is in the Little Chocolate/Highway 87 area and the three streets in Mariemont. Commissioner Balajka stressed the need to work to try and get the number of precincts reduced or to reduce and get the numbers right in each precinct; it would not work both ways. Ms. Smith stated they should try to work together to get the lines drawn. Mr. Rios informed the Court that it takes 65% minority to make it a minority precinct. When drawing the county lines, the city lines may be used as guidelines but cannot cross ward lines. Plan K was determined to be defendable — changes made were: Precinct #4 take in the apartment complex but no more road mileage; it puts McPherson, Larry and Vail Streets in Mariemont from Pct #2 to Pet #l, and puts Peiket Addition into Precinct #4 from Precinct # 1. Mr. Rios stated that it is better and less confusing if the precinct lines are • continuous. Plan K was renamed Plan X. Mr. Rios will send copies of Plan C Modified, Plan K and Plan X to the Court for consideration at the regular Commissioners' Court meeting on July 31, 2001. GENERAL DISCUSSION Mark Daigle, Chief Deputy Sheriff, informed the court that a drug dog, which was suffering, would have to be put down. The Court agreed. THE COURT ADJOURNED. 305 SPECIAL JULY TERM HELD JULY 31, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 31 st day of July, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 • A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. CALHOUN COUNTY EMPLOYEE OF THE MONTH Judge Marshall announced that the Calhoun County Employee of the Month for July is Charlie Crober, Building Superintendent for Calhoun County. Mr. Crober is the supervisor of seven employees. W. Crober works well with others and is on call twenty- four hours a day, seven days a week. He is conscientious and dedicated to the county. He was presented with a plaque. PUBLIC HEARING ON REQUEST FOR EXTENSION OF DEADLINE TO APPLY 2, 4-D IN CALHOUN COUNTY, TEXAS Judge Marshall announced the Public Hearing on the request for extension of time to apply 2, 4-D in Calhoun County was opened at 10:05 A.M. Mr. Roger Havlak, Extension Service Agent, requested that the beginning date for spraying 2, 4-D be moved from September 15th to August 15th for crops if not done previously on the ground. He did not foresee any occasion to use the spray because of the heat, time of year and rainfall and the fact that most crops and gardens are finished. However, if we wait until September 15a', the cost of weevil eradication would increase, creating a hardship for farmers. There should be no problems with the aerial spraying. Commissioner Balajka stated that several ranchers/farmers want to move the spraying back in the spring if it is moved up in the fall. Dwain Nunley said the goal is to get this limitation lifted. He stressed that this is for aerial application only; ground application can be done at any time with a permit. Mr. Havlak said they are asking for the date of September 15's to be moved back to August 15a' to begin aerial spraying of 2, 4-D in Calhoun County. There being no further public comments, the Judge closed the Public Hearing at 10:11 A.M. 306 EXTENSION OF DEADLINE TO APPLY 2.4-D IN CALHOUN COUNTY_ TEXAS - AERIAL APPLICATION A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to authorize the application of 2, 4-D in Calhoun County to be moved from September 15a' to August 15'b. • Judge Marshall will contact the other appropriate counties regarding the Court's action. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. SUPPORT WHARTON COUNTY'S REQUEST TO EXTEND DEADLINE FOR APPLICATUN CF2. 4-D A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to support Wharton County's request to extend the deadline to apply 2, 4-D and authorize the County Judge to sign the approval. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. TO: Wharton County Commissioners' Court County approves with Wharton County Commissioners' Court in changing the 2,4-D date for Wharton County from September 15 to August 15, 2001. • County Judie CALHOUN COUNTY 4-H/Y0UTH COORDINATOR — APPLICANT FOR POSITION Roger Havlak, County Extension Agent, submitted the application of Adrianna M. Whitwell for the position of the Calhoun County 4-H/Youth Coordinator, stating she is from Frio County and all contacts on her were positive. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to authorize the County Extension Agent to offer the position of Calhoun County 4-H/Youth Coordinator to Adrianna M. Whitwell. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BIDS AND PROPOSALS — MEMORIAL MEDICAL CENTER SAFETY TESTING EQUIPMENT No bids were received on the Memorial Medical Center safety testing equipment. The • bid date cannot be extended but may be re -bid again later. MEMORIAL MEDICAL CENTER — MONTHLY FINANCIAL REPORT Saad Mahhail gave the monthly financial report for Memorial Medical Center for the year to date summary dated 6-30-2001. The Court thanked him. Buzz Currier, Hospital Administrator, stated the strategic planning for the hospital identified the problems to be the need to work on financial stability, morale, customer relations, creating ownership on the part of the community and marketing of services available. He stated the plan of operation to correct problems, reduce expenses, bring in revenues and look at the future to sustain operation of the hospital is being implemented. 307 CIO MEMORIAL MEDICAL CENTER YEAR-TO-DATE SUMMARY JUNE 30, 2001 OPERATING REVENUE 8,365,598 LESS: OPERATING EXPENSES (7,820,901) 544,697 r CHANGE IN INVESTMENT: Accounts Receivable- (135,924) (Incr) Decr Accounts Payable- (46,082) (Incr) Decr Prepaid Expense- (421144) (Incr) Decr Inventory (56,307) (280,457) TOTAL INVESTMENT CHANGE • (INCR) DECR 264,240 PLUS: Depreciation 1,010,176 Contribution to the County 0 1,274,416 PLUS: County Subsidies (EMS) 325,500 Total Cash- 1,599,916 Incr (Decr) LESS: Equipment Purchases 72,296 NET CASH- INCR (DECR) LJ 1,672,212 1 308 CALHOUN COUNTY TEXAS COUNTY TREASURER'S REPORT MONTH OF: *JUNE2001 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE MEMORIAL MEDICAL CENTER OPERATING S627.536.72 S1,33U39.17 $1,529,710.81 S436,365.08 MEMORIAL. 15,387.74 44.07 0.00 15,431.81 RESTRICTED DONATION 12,677.44 36.31 0.00 12,713.75 INDIGENT HEALTHCARE CONSTRUCTION 120.62 64,573.48 131,792.01 18337 67,390.61 450.00 - 64,522.02 64,306.85 CERTIFICATES OF OBLIG CONSTRUCTION 2.393.87 6.80 0.00 2,400.67 CERTIFICATES OF OBLIG INT & SKG 3611 0.00 0.00 3621 $722,726.08 S1,470,601.73 S1,597,551.42 S595,77639 CALHOUN COUNTY TEXAS COUNTY TREASURER'S REPORT 'JUNE2001 BANKRECONCILIATION LESS: CERT. FUND OFDEPOSIT PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS 0177STANDING BALANCE MEMORIAL MEDICAL CENTER: OPERATING 436,365.08 321,197.59 757,562.67 MEMORIAL 15,431.81 15,431.81 RESTRICTED DONATION 12,713.75 12,713.75 INDIGENT HEALTHCARE 64,522.02 64522.02 CONSTRUCTION 64,306.85 450.00 64,756.95 CERT OF OBLIG CONSTRUCTION 2.1. 7 2,400.67 CERT OF OBLIG INTEREST & SINKING 3621 36.21 309 • C� • MEMORIAL MEDICAL CENTER PORT LAVACA, TEXAS PHYSICIAN'S ANALYSIS REPORT JUNE 30, 2001 YTD YTD YTD REVENUE CONTRACTUAL WRITE-OFF NET REVENUE • NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT APOSTOL, C.F. 87,241.00 479,873.39 125,697.94 34,742.83 319,432.61 67% WILLIAM,G.A. 103,747.49 510,201.03 165,170.43 36,938.55 308,092.04 60% LIN, M.S. 100,723.35 714,495.45 221,462.65 51,729.47 441,303.33 62% SMITH, J.K. 100,056.39 436,759.71 97,263.81 31,621.40 307,874.50 70% PENTECOST, L.V. 6,192.22 59,557.01 14,176.04 4,311.93 41,069.05 69% MCFARLAND,T.R. 159,295.11 1,239,102.75 351,736.44 89,711.04 797,655.27 64a/a GRIFFIN, JEANNINE 25,268.89 171,921.63 49,300.87 12,447.13 110,173.64 64% BUNNELL,D.P. 198,016.22 1,454,101.52 573,367.42 105,276.95 775,457.15 53% ROLLINS,L. 22,162.43 323,914.64 77,312.52 23,451.42 223,150.70 69a/a ARROYO-DIAZ, R. 179,366.45 1,073,657.01 364,383.49 77,732.77 631,540.75 59% GILL, J. 91,716.56 583,802.55 161,767.05 42,267.30 379,768.19 65% 0.00 0.00 0.00 0.00 0.00 0% CUMMINS, M. 39,353.22 272,478.89 51,156.35 19,727.47 201,595.07 74% RUPLEY, M. 7,992.91 95,906.54 14,428.38 6,943.63 74,534.52 78% LEE, J 33,348.57 303,510.08 121,878.66 21,974.13 159,657.29 53% LE, NHI 20,159.13 401,422.77 68,732.47 29,063.01 303,627.29 76% ,� CARAWAN, S. %r Ct w 89,278.30 667,439.54 141,069.67 48,322.62 478,047.25 72% STEINBERG, R. 16,567.53 72,663.78 5,586.00 5,260.86 61,816.92 85% RAMOS LABORATORY 738.91 4,068.86 0.00 294.59 3,774.27 93% VISITING PHYSICIANS 296,679.43 1,176,200.97 174,928.53 85,156.95 916,115.49 78% ER PHYSICIANS 302,804.53 2,376,338.68 339,882.40 172,046.92 1,864,409.36 78% NO LOCAL PHYSICIAN 16,675.48 341,712.66 966.95 24,740.00 316,005.71 92a/0 OTHER 382,306.99 2,480,429.93 379,141.08 178,227.59 1,923,061.26 78% • TOTAL 2,279,691.10 15,239,559.38 3,499,409.15 1,101,988.56 10,638,161.67 70% APPOINTMENT OF CALHOUN COUNTY CONSTABLE PRECINCT 4 Judge Marshall announced that the position of Calhoun County Constable Precinct 4 is vacant due to the resignation of Mr. Claude Nunley, until the next General Election in November. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to appoint Wayne Daggs as Constable Precinct 4 effective today until the general election in November, 2002. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • 310 APPLICATION AND ORDER TO ABANDON A PORTION OF SAN ANTONIO PARR AT ALAMO BEACH IN PRECINCT The application of Robert C. Cooper, Sr. to abandon and close a portion of the SAw Antonio Park adjacent to Lots 4, 5, and 6, Block • 41 of the Alamo Beach Townsite, being 0.36 acres, was presented to the Court by Shannon Salyer, attorney. He stated that half of the park is under water or ;is concrete rip —rap. A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to approve the abandonment of a portion of a park (0.36 acres) at Alamo Beach in Precinct One and authorize the County Judge to sign the Order.. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALOUN COUNTY, TEXAS TO THE HONORABLE COMMISSIONER'S COURT OF CALHOUN COUNTY Robert C. Cooper Sr., is the owner of the real property located adjacent to the park sought to be abandoned, and said park property is described as being part of the Alamo Beach Townsite, being a 0.3¢ ace tract more or less and a part of San Antonio Park adjacent to Lots 4, 5 and 6, Block 41 of the Alamo Beach Twonsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas. Robert C. Cooper Sr., is making application to the Calhoun County Commissioner's Court for the abandonment of this park property as described. A HEARING HAS BEEN SCHEDULED IN COMMISSIONERS COURT FOR: The y31Si- day of Ji , 2001, at 10:00t'clock a.m. in the Commissioners Court Room alhoun County Courthouse, 211 S. Ann, Port Lavaca, Texas. At the hearing the Commissioners Court will determine whether the park property sought by Robert C. Cooper Sr. should be closed and abandoned. All interested persons desiring to protest the closing and abandonment is DIRECTED TO APPEAR AT THE TIME AND PLACE OF THE HEARING. Notice of this Application to close and abandon a portion of a park at Alamo Beach, Calhoun County, Texas, has been published in the newspaper of general circulation in Calhoun County, Texas, once a week for 3 weeks prior to the scheduled hearing and has been posted for at least 21 days before the hearing at the following locations: 1. Courthouse Door in Calhoun County, Texas; 2. On the land sought to be abandoned at Alamo Beach; 3. On the door of the Circle H conveyance store near property. This application is governed by Section 317.001 of the Texas Local Government . Code and its following provisions regarding the abandonment of County Parks. Respectfully submitted, Shannon E. Salyer Attorney at Law P.O. Box 1001 Port Lavaca, Texas 77979 361-552-6693 Attorney for Applicant 31.1 • ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 31R day of July, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a 0.36 acre tract of San Antonio Park in Calhoun County, Texas. Robert C. Cooper Sr., is the owner of the real property located adjacent to the park sought to be abandoned, and said park property is described as being part of the Alamo Beach Townsite, being a 0.36 ace tract more or less and a part of San Antonio Park adjacent to Lots 4, 5 and 6, Block 41 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.36 acre tract described in the attached legal • description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Robert C. Cooper Sr. on this the 31' day of July,�2j001. Arlene N. Marshall Calhoun County Judge 312 • STATE OF TEXAS § COUNTY OF CALHOUN DESCRIPTION of a 0.36 acre tract, more or less, being part of San Antonio Park of Alamo Beach Townsite *wm) as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas. These two tracts being more fully described as follows: Tract One: 0.36 Acre BEGINNING at a 5/8 inch iron rod with a red plastic cap set for the Southwest corner of this Q.36 acre being described and being in the Northeast line of Alamo Boulevard of the aforesaid Alamo Beach Townsite. Said set 5/8 inch iron rod bears N 79° 13' 00" E, 70.00 feet from a 5/8 inch iron rod found marking the Southeast comer of Lot 6, Block 41 of the aforementioned Alamo Beach Townsite; THENCE, N 10° 47 00" W, with the said Northeast line of Alamo Boulevard, same • being the Southwest line of San Antonio Park, for a distance of 225.00 feet to a 5/8 inch iron rod with a red plastic cap set for the Northwest comer of this tract at the point of intersection with the Southeast line of Skyview (East Texas); THENCE, N 790 13'00" E, a distance of 32.62 feet to a point for comer at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 220 02' 31" E, 101.83 feet, S 65° 35' 00" E, 40.79 feet, S 35° 21' 32" E, 53.70 feet, AND S 190 34' 44" W, 61.17 feet to a point for corner; THENCE, S 790 13' 00" W, passing at 27.25 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 77.25 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.36 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. 313 • LAVAUA tsh r Existbg SnaNlne PRA L7S rA �Ati7O ARK 53h S35'21'32"E 57657'4q £ 53.70, J 3520. a0c. 107:83 .� s i S22'02'31 "E C-0 g 0 S7pq c ss oR yN104;p, $' 4001 a 001 .wFO. 8 g B� CBQse 6eor/n TRY 7300, 9 � eCOCK $ 00. 4 40 'sc0 Q P..0. f� S 103p 0c h g 4 % ggEr °°. 17 �� 3 72 $ 30•00, 00, l� 3 SAN p��ON/o tQ e UCf VARaJ 0 ACAMO 1 $ K l l (N0tiSr0N 8 NARCISCO CABAZOS SURVEY, A-3 7S / ALAMMO BEACH TOWNSITE VOL. V, PG. 01 4Vf 30.00 , N0 '� AVeN�EJ • Denotes Set 518" I.R. $ PLA T $ O Denotes Fnd, 518" I.R. With Plastic Cap ( ) Denotes Recorded Plat Name I. DAVID W. GANN. A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN NOVEMBER 2000, AND THAT CORNERS ARE AS SHOWN HEREON. tST *fx9J I37 DAVID W. GANN DAVID w.GANN REGISTERED PRO ESSI LAND SURVEYOR NO. 3816 AMEND PORTION OF THE PLAT OF AMERICAN TOWNSITE COMPANY • SUBDIVISION This agenda item was passed to August 13, 2001. 74 314 APPROVE PLAT OF DEERWOOD ESTATES SUBDIVISION IN PRECINCT 4 A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the plat of Deerwood Estates, subdivision in Port O'Connor and that the streets will not be accepted until they meet the County's specifications. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • LEASE OF 80 ACRE TRACT AT LANDFILL SITE FOR HAY BALING IN PRECINCT 2 John Winder, Jr., current lessee of the 80 acre tract at the landfill site for hay baling, stated he was informed that he was to do the mowing of the ditches, etc. at the landfill site but he could not find anything regarding this in the contract. He did not think he was responsible for this when he bid on the 80 acres. Patrick Kalisek, landfill manager, explained it is a 91.94-acre tract less 12 acres for the landfill, leaving 80 acres usable for hay baling. She said the weed control is not being done — the only option was to go back to Court and redo this. Commissioner Balajka said he checked the area and both tracts are full of weeds. Mr. Winder did have a late start. Commissioner Finster stated Mr. Winder was not notified of violation of the lease in writing. Mr. Winder said he heard the contract was going to be taken away from him and given to the next highest bidder. He has already fertilized it. "In regard to #8 of the contract, "all damages caused, etc" — it is badly rutted up. He would like to get his hay off and be compensated for the rest of the year (7'/2 months) and out of the contract. Judge Marshall reminded them that the Court couldn't take action until Mr. Winder has submitted written notification of cancellation. Commissioner Finster said he had no problem with letting him out of the lease; we just need to determine how to handle this. isMr. Winder will submit his letter of cancellation to Judge Marshall and it will be acted on August 13t°. CONTRACT FOR RESIDENTIAL SERVICES OF JUVENILE OFFENDERS A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to authorize the County Judge to enter into a contract with Hayes County for long term and short term residential service of juvenile offenders. Commissioners Galvan, Balajka, Floyd, Finster, and Judge Marshall all voted in favor. STATE OF TEXAS COUNTY OF HAYS CONTRACT AND AGREEMENT FOR SECURE LONG-TERM AND SHORT-TERM RESIDENTIAL SERVICE OF JUVENILE This Contract and Agreement is made and entered into by and between HAYS COUNTY • JUVENILE BOARD and the County of CALHOUN hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the 1" day of September, 2001, through the 3 1 " day of August, 2002 pursuant to its provisions. 315 • WITNESSETH: Whereas, Hays County Juvenile Facility has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, the placing County, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children ofjuvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre-trial and pre-dispositional status or in the post- dispositional treatment prescribed by the Court; and Whereas, HAYS COUNTY JUVENILE BOARD desires to make the facility available to the placing County for such use and purposes and Hays County desires to contract for the use of said facility; Now, therefore, the parties agree as follows: (1) The term of this contract shall be for aperiod of twelve (12) months from the effective date; however if either party hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate the connect then the party so desiring to terminate may do so by notifying the other party in writing, by ce"rtified'' or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. At 12:00 o'clock midnight r. ,. .. - thirty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort Such termination shall. not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of termination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on or before the termination date. (2) HAYS COUNTY JUVENILE BOARD agrees to provide a space if available at the time that the placing County requests the space. (3) HAYS COUNTY JUVENILE BOARD will provide room and board, twenty-four hours per day, seven days a week supervision; routine medical examination and treatment within the facility (bin _shall not provide nor pay for emergency examination, treatment, or hospitalization outside the facility); and approved educational program, recreation facilities; and counseling to each child placed within the facilities. (4) The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $94.00 per day for each space utilized. This sum shall be paid to HAYS COUNTY JUVENILE BOARD pursuant to billing and paying procedures agreed upon by the contracting County -2- 316 (5) 10.1 (7) (8) (9) and HAYS COUNTY JUVENILE BOARD. The per cost being based on the projected actual cost of care for children in the facility. If emergency examination, treatment and/or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless HAYS COUNTY JUVENILE BOARD, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and/or hospitalization. The Administrator shall notify the appropriate County of such an emergency within twenty-four (24) hours of its occurrence. Prior to transporting a child to the facility for short term -placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. Children referred for long-term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be placed therein under proper order of the Juvenile Court, and the Administrator shall be furnished a copy of said order. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the • facility, then the Administrator shall notify the Juvenile Board and placing county of such -3- 31'7 (. 1 11 • conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing county to provide for the transportation for the removal of the child. (10) HAYS COUNTY JUVENILE BOARD agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. (11) It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardian, custodian, or other responsible adults only after prior approval of the appropriate Juvenile Court. (12) It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged therefrom without: (a) Receipt of the Order signed by the Judges having juvenile jurisdiction of the placing • County, duly certified by the clerk of said Court, or (b) By authorization of the Juvenile Probation Department who originally detained the child. (13) It is further understood and agreed by the parties hereto that children placed in pre - adjudication care in the facility shall be removed therefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the expiration of the period authorized by the Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of the waiver delivered to the facility. 0 -4- • (14) It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct HAYS COUNTY JUVENILE BOARD, its servants or employees in any manner respecting and of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. (15) It is further understood and agreed by the parties hereto that the County placing the child in the facility is responsible for any damages caused by the child that is placed at the facility. (16) HAYS COUNTY JUVENILE BOARD will provide monthly progress reports for each long- • term resident to the placing County. These reports are to include the following information: (a) Behavior in program (b) Progress in treatment (c) Progress in school (d) Peer and staff relationships (e) Family relationships (f) Aftercare goals (17) HAYS COUNTY JUVENILE BOARD will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services furnished as may be requested by the placing County. HAYS COUNTY JUVENILE BOARD will make these records and all other materials which relate in any way to the services provided, available for inspection, -5- 319 t,. • audit, and examination by the County, the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile Probation Commission, and the State of Texas and/or their duly authorized representatives. (I8) HAYS COUNTY JUVENILE BOARD will maintain the records (as referenced above) for three (3) years after the final payment or until any audit or the program has been made and all questions arising therefrom have been resolved, whichever is later. (19) This Agreement shall be construed under and in accordance with the laws of the State of Texas. (20) HAYS COUNTY JUVENILE BOARD will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. • This Contract and Agreement this date executed is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. This Contract is in lieu of all previous contracts or agreements by and between HAYS COUNTY JUVENILE BOARD and the placing County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract become effective. :• 0 320 • Executed this the ZWQlay of 20PI, to be effective 20_, each copy hereof shall be considered an original copy for all purposes. Howard S. Warner,11 O icial horized to Sign Chairman, Hays County Juvenile Board Hays County Justice Center, Room 177 AL Esc �E(LIJh E� San Marcos, Texas 78666 Printed Name Title: d' Al itMe/J—JJnVeld ! D COUNTY • Ed Cooper Official Authorized to Sign Chief, Hays County Juvenile Probation 302 W. San Antonio Street San Marcos, Texas 78666 Printed Name 7- 321 COUNTY 0- CONTRACT FOR RESIDENTIAL SERVICES OF JUVENILE OFFENDERS A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka that the County Judge be authorized to enter into a contract with Kerr County for long term and short term residential service of juvenile offenders. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • THE STATE OF TEXAS. COUNTY OF KERR X X X CONTRACT AND AGREEMENT FOR SECURE LONG-TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS SPACE AVAILABLE This contract and agreement made and entered into by and between the Kerr County Juvenile Board and County of Calhoun acting by and through their duly • authorized representative, as evidence by their signatures below, to be effective from the 1" day of June 2001 through the 31st day of May 2002. • WITNESSETH: Whereas, Kerr County Juvenile Facility has been duly inspected and certified as being suitable for the treatment and detention of children; and, Whereas, Calhoun County in order to carry out and conduct their juvenile programs in accordance with the Texas Family Code have need of the use of facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act of indicating a need for supervision, in the post-dispositional treatment prescribed by the Court; and, Whereas Kerr County Juvenile Board, desires to make the facility available to the Calhoun County for such use and purpose, and Calhoun County desires to contract for the use of said facility; Now, therefore, the parties agree as follows: 1 of 6 322 v (1) The term of this Contract shall terminate on the 31st day of May 2002. After a mutual good faith effort has been made to Calhoun County the success and performance of the contract, if either party hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principle office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. Notice to the board shall be mailed to the following address: Post Office Box 291216, Kerrville, Texas 78029-1216. At 12:00 o'clock Midnight, thirty (30) calendar days thereafter, this contract shall terminate, become null and void, and be of no further force or effect. After receipt of notice of termination Calhoun County shall remove all children placed in the facility on or before • the termination date. Such termination shall not affect or diminish Calhoun County responsibility for payment of any amounts due and owing at the time of termination of the contract. (2) Kerr County Juvenile Board agrees to provide a space if available at the time that Calhoun County requests the space. (3) Kerr County Juvenile Board will provide room, board, twenty-four (24) hours per day, seven (7) days per week supervision, routine medical examination and treatment within the facility (but shall not provide nor pay for emergency examination, treatment, or hospitalization outside the facility); an approved educational program; recreation facilities; and counseling to each child placed within the facility. (4) Calhoun County agrees to pay the Kerr County Juvenile Board the daily rate of $83.00 per day for each and every day each child is in detention. The daily rate shall be paid to the Kerr County Juvenile Board upon billing and in accordance with payment procedures agreed upon by the Kerr County • Juvenile Board and Calhoun County. (Please note, as of October 1, 2001, 2 of 6 1 323 It • the rates will increase. Level 4 will continue to be $83.00 per day, level 5 will increase to $106.00 per day.) (5) If emergency examination, treatment or hospitalization outside the facility is required for a child placed in the facility by Calhoun County, then Calhoun County guarantees that such costs will be paid in full. The Administrator of the facility shall notify within twenty-four (24) hours, the department that placed the child of the emergency and/or treatment. (6) Each child placed in the facility by Calhoun County shall be placed therein under proper order of the Juvenile Court, and the Administrator will be furnished a certified copy of said order. (7) Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. (8) If a child is accepted to the facility and such child thereafter is found to be, in • the judgement of the Administrator, mentally unfit, dangerous, or unmanageable to either of such conditions or characteristics, or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the Juvenile Board and placing county of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing county to provide for the transportation for the removal of the child. (9) Kerr County Juvenile Board agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. (10) It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged therefrom without: (a) Receipt of the Order signed by the Judges having juvenile jurisdiction of Calhoun County, duly certified by the Clerk of said Court, or (b) By authorization of the Juvenile Probation Department who originally • detained the child. 3 of 6 324 a.n•tliill • (11) It is further understood and agreed by the parties hereto that nothing in the Contract shall be construed to permit Calhoun County, their agents, servants, or employees in any way to manage, control, direct or instruct the Kerr County Juvenile Board, its servants or employees in any manner respecting any of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of each individual County shall control the conditions and terms of treatment and detention supervision as to a particular child pursuant to Texas Family Code Section 51.12 (12) It is further understood and agreed by the parties hereto that the County placing the child in the facility is responsible for any damages caused by the child that is placed in the facility. • (13) Kerr County Juvenile Board will provide monthly progress reports for each resident to Calhoun County. These reports are to include the following information: (a) Behavior in program (b) Progress in treatment (c) Progress in school (d) Peer and staff relationships (e) Family relationships (f) Aftercare goals (14) Kerr County Juvenile Board will keep a record of all services provided to Calhoun County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services furnished as may be requested by Calhoun County. Kerr County Juvenile Board will make these records and all other materials which relate in any way to the 325 0 4 of 6 services provided, available for inspection, audit, and examination by the County, the Comptroller General of the United States, the U.S. Department of Justice, the Texas Juvenile Probation Commission, and the State of Texas and/or their duly authorized representatives. (15) Kerr County Juvenile Board will maintain the records (as referenced above) for three (3) years after the final payment or until any audit of the program has been made and all questions arising therefrom have been resolved, whichever is later. (16) This Agreement shall be construed under and in accordance with the laws of the State of Texas (17) Kerr County Juvenile Board will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. • This Contract is in lieu of all previous contracts between the Board, Kerr County Juvenile Board and Calhoun County for these purposes. Said previous contract • to terminate, become null and void, and be of no further force or effect as the date this contract becomes effective. This Contract and Agreement this date executed is made by and between the parties hereto; it being the declared intention of the parties hereto that the above and foregoing Contract, is a Contract providing for the care of children who have allegedly committed an act of delinquency of and act indicating a need for supervision and payment of such care by the Judge of Calhoun County for such children placed in the facility by the Judge of Calhoun County having juvenile jurisdiction. 5 of 6 326 EXECUTION IN WITNESS WHEREOF, we hereunto affix our signature this .2001. CHAIRPERSON KERR COUNTY RIMMIM�91 CALHOUN COUNTY, TEXAS 6 of 6 day of PRESIDING OFFICER OF SAID COURT • 327 E STATE OF TEXAS COUNTY OF KERR )( )( )( CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE This Contract and Agreement is made and entered into by and between KERR COUNTY JUVENILE BOARD, and the County of Calhoun acting by and through its duly authorized representative, as indicated by their signature below, to be effective from and after the 1st day of June, 2001, through the 313t day of May, 2002 pursuant to its provisions. • WITNESSETH: Whereas Calhoun County , in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre-trial and pre- dispositional status or in the post-dispositional treatment prescribed by the Court, and Whereas, KERR COUNTY JUVENILE BOARD desires to make the facility available to Calhoun County for such use and purposes and Calhoun County desires to contract for the use of said facility: C 1 of 7 328 Now, therefore, the parties agree as follows: (1) The term of this contract shall be for a period of twelve 12 months from the effective date; however, if either party hereto feels in its judgement that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. At 12:00 o'clock midnight thirty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish Calhoun County responsibility for payment of any amounts due and owing at the time of termination of the contract. After receipt of notice of termination, Calhoun County shall . remove all children placed in the facility on or before the termination date. (2) KERR COUNTY JUVENILE BOARD will provide room and board, twenty-four hours per day, seven days a week supervision; routine medical examination and treatment within the facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the facility); and approved education program, recreation facilities; and counseling to each child placed within the facilities. (3) Calhoun County agrees to pay KERR COUNTY JUVENILE BOARD the sum of $73.00 per day for each space utilized. This sum shall be paid to KERR COUNTY JUVENILE BOARD pursuant to billing and paying procedures agreed upon by the contracting County and KERR COUNTY JUVENILE BOARD. The per cost being based on the projected actual cost of care for children in the facility. (Please note, as of October 1, 2001 the daily rate will increase to $83.00. 2 of 7 329 • (4) If emergency examination, treatment, and/or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless KERR COUNTY JUVENILE BOARD, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and/or hospitalization. The Administrator shall notify the appropriate County of such an emergency within twenty-four (24) hours of its occurrence. (5) Prior to transporting a child to the facility for placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children form any County may be denied if space limitations require. (6) Children from any County who are alleged to have engaged in delinquent conduct indicating a need for supervision (CINS) will be admitted to the facility under the . authority of any Juvenile Court having jurisdiction of its designated official. • Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention facility prior to the child's re -admission. (7) Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. (8) If a child is accepted by the facility from any County and such child thereafter is determined to be, in the sole judgement of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical conduct would or might endanger the other occupants of the facility, then the Administrator shall notify the Juvenile Board and placing county of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing county to provide for the transportation for the removal of the child. 3 of 7 330 (9) KERR COUNTY JUVENILE BOARD agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, sex or national origin. (10) It is understood and agreed by the parties hereto that children placed in the facility under the proper orders of the appropriate Juvenile Court shall be maintained therein except that the staff of either facility may take the children under supervision from the facility to participate in community activities. (11) It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardian, custodian, or other responsible adults only after prior approval of the appropriate Juvenile Court. (12) It is further understood and agreed by the parties hereto that children placed in pre -adjudication care in the facility shall be removed therefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the • conclusion of the ten (10) day period authorized by the Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of ten (10) days hearing has been executed and a signed copy waiver delivered to the facility. A copy of the Order issued pursuant to waiver shall be furnished to the facility. (13) It is further understood and agreed by the parties hereto that should a child in pre - adjudication care not be so removed as noted above (12) by 12100 o'clock noon of the tenth (10) day of detention and a new Order authorizing continued detention has not been received at the detention facility, an employee of KERR COUNTY JUVENILE BOARD shall deliver the child to the Juvenile Court of the placing County for which there will be an additional charge of .28 (twenty-eight) cents per mile. 4 of 7 331 • • S 'd (14) It is further understood and agreed by the parties hereto that children placed in the pre -adjudication care in the facility shall not be removed prior to the conclusion of the Court Order except to the Probation Officer or as provided in paragraph eight (8) above, without delivery of an Order for Release signed by the Judge of the Juvenile Court of the placing County. (15) It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct KERR COUNTY JUVENILE BOARD, its servants or employees in any manner respecting and of their work, duties or functions pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. (16) It is further understood & agreed by the patties hereto that the County placing the child in the facility is responsible for any damages caused by the child that is placed at the facility. EQUAL EMPLOYMENT OPPORTUNITY . During the performance of this contract, KERR COUNTY JUVENILE BOARD agrees as follows: (a) KERR COUNTY JUVENILE BOARD will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. KERR COUNTY JUVENILE BOARD will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color or religion. 5 of 7 Wood "ve9'l SSSI-9t-L 332 THIS PAGE INTENTIONALLY LEFT BLANK. • 333 Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. KERR COUNTY JUVENILE BOARD agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non- discrimination clause. KERR COUNTY JUVENILE BOARD will in all solicitations or advertisement for employees placed by or on behalf of KERR COUNTY JUVENILE BOARD, state that all qualified applicants for positions in the detention facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (b) • This Contract and Agreement this date executed is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of Calhoun County having juvenile jurisdiction. This contract is in lieu of all previous contracts or agreements by and between KERR COUNTY JUVENILE BOARD and Calhoun County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract become effective. 6 of 7 • 334 IN WITNESS WHEREOF, we hereunto affix our signature this day of , 2001. 0 I U►I PRESIDING OFFICER OF CHAIRMAN, JUVENILE BOARD SAID COURT PROBATION OFFICER, COUNTY. TEXAS C� 7 of 7 STUDIES FOR A NEW EMS FACILITY Commissioner Balajka discussed the letter from Morgan Spears Associates, Inc., architect, proposing to famish services concerning the proposed new EMS facility which cites the four additional options for the Court's approval. The Judge questioned the increase in the evaluation of the mall. Commissioner Balajka explained that Commissioner Floyd had requested a more detailed in-depth look at the mall requiring a survey and engineer. When the County purchased the mall, the original architect determined that it was not suitable for the EMS. If we want an official document saying that from the current architect, he requested the Court authorize the payment of such. We need to do something — either make up our minds and do something or just stop. Juaniece Madden stated all alternatives need to be studied. She would like an alternative that would not require a bond issue and an increase in taxes. She thought the public • believes something needs to be done, but does not think they will approve a bond issue. People are concerned about the economy and the condition of industry in the area. Henry Barber with EMS said vehicles have to be a certain temperature for the drugs and narcotics have to be locked up. There is no space in the mall for the facility. Mr. Barber said property needed should be unencumbered by housing with a minimum of 3 acres open space on the highest ground. The problem on Highway 1090 is water and sewer. The flooding seen now on Highway 1090 is caused by the curbing. 335 Commissioner Balajka asked if there were any other sites that need to be addressed. Commissioner Galvan thought we need to evaluate the mall first and eliminate it, if necessary. Commissioner Balajka said the current debigh is a concrete structure, low on maintenance. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the Court authorize Commissioner Balajka to pursue any or all of the proposed listed options in the letter from Morgan Spear Associated regarding a new EMS facility and be authorized to sign a change order on the initial contract. • In discussion, commissioner Balajka said there being no other options that the Court considers viable at this time is covered by #4. (No time limit was set, but commissioner Balajka said he should know something by next Friday.) Vote: Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. MORGAN SPEAR SOGIAM NC. July 25, 2001 ARCHUECIS PLANNERS Michael Belyka, County Commissioner ZZS 211 S. Ann Street Rm. 304 S.cARANCAHUA Port Lavaca, TX 77979 CORPUS CHRIM, Re: Request for architectural services to evaluate options for the development of the EMS 1DtAS Facility Port Lavaca, TX 78QI PHONE 361-E8S-5588 Dear Commissioner Balajka; FAX 361-883-9204 Based on the request by you and the information received in this office on July 18, 2001, • I am proposing to fumish services based on each item requested as follows: 1. Evaloate the stall: Services would be to be provided a complete study of an area in the mall to locate an EMS facility with floor plan layout. The fee for services would be based on hourly rate not to exceed $4200.00. 2. Current desiga and floor plan: Services would be to provide studies of other materials other them what has been determined to date; determine what the most inexpensive design that would meet wind load requirements; and provide a construction cast estimate for each. Services for this would be on an hourly basis not to oweed $1500.00. 3. Fire Stadve Travis Street: Services would be to determine the current wind load status of the building, cost to add or modify to the existing building to meet the nods of EMS; determine if the property is large enough to expand and if there are any restrictions to expand; and determine a cost of additional generator system to meet the above needs. If site will allow for expansion, develop a floor plan layout. Services for this work will be on an hourly basis not to exceed $2750.00. 4. other locations: Services would be to study other locations that would cut the cost of the overall facility. The locations would be as directed by you and each would be on a separate fee based on an hourly basis not to exceed $300.00 for each site study. If the above is soceplable to you, please excuse in the space provide below, returning one copy to this office. Sincerely Yours, p AssoCrate0. Approved, Calhoun County MIDate M t 336 COUNTY WIDE BURN BAN Fire Chief Boyd Staloch, representing all the fire chiefs in the county, said there was an • association meeting 1bursday meq/esting . the Court apprDw the burn ban effective immediately. The Forestry Service recommends that any time we are above 500-drought index, the bum ban be implemented. We are currently at 600. He requested the County be under a bum ban and it be what we have done in the past. They will still work with the farmers and ranchers in permitting needed burns. BUDGET WORKSHOP A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to recess until 9:00 A.M. on august 1, 2001 for the Budget Workshop. Commissioner Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. THE COURT RECESSED UNTIE, 1:30 P.M. COUNTY -WIDE BURN BAN • A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to implement the Calhoun County Bum Ban as recommended by the fire chiefs and authorize the County Judge to sign effective 7-31-2001. Commissioners Galvan Balajka, Floyd, Finster and Judge Marshall all voted in favor. Chief Staloch is to get signs and flags indicating the burn ban is in effect. PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Disaster Act of 1975, a state of disaster has been declared based on the imminent threat of disaster from wildfire; and WHEREAS, declaration of such disaster authorized the imposition of controls on activities which tend to increase the likelihood of such fires. BE IT THEREFORE ORDERED that the following emergency regulations are hereby • established for all unincorporated areas of Calhoun County, Texas for the duration of the above mentioned declaration; (1) Actions Prohibited: A person violates this order if he burns any combustible material outside of an enclosure that services to completely contain all flames and/or sparks, or orders such burning by others. This Order is adopted pursuant to Local Government Code §240.906, and other applicable statutes. This Order does not prohibit outdoor burning activities related to public health and safety that are authorized by the Texas Natural Resources commission for (1) firefighter training; (2) public utility, natural gas pipeline or mining operations; or (3) harvesting of agricultural crops. 337 (2) Exception: If in the opinion of the Fire Chief of the area, or his designee(s), the controlled bum would be so situated as to pose no additional fire hazard during this period, and upon inspection the Fire Chief, or his designee(s), feel(s) that all necessary precautions have been observed, the Fire Chief or his designee(s) may issue an advance written waiver to the ban on outdoor • burning. Any TNRCC permits must still be obtained by the property owner. (3) Enforcement: (a) Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. (b) As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. (c) If in the opinion of the officer at the scene and/or the Fire Chief the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers' log containing the time, date, and the place of the warning, and the name of person receiving the warning. (d) In accordance with Local Government Code §240.906(h), a violation of this Order is a Class C Misdemeanor, punishable by a fine not to exceed $500.00. BE IT ALSO ORDERED that this order may be enforced by any duly commissioned peace officer and that the venue for prosecution of this order will be Justice of the Peace Courts of Calhoun County, Texas or County Court -At -Law, Port Lavaca, Texas. • This Order will be in full force and effect from July 31, 2001 for ninety (90) days. This Order shall expire upon the first happening of any of the following: (1) a determination is made under Subsection (b) of Local Government Code §240.906 that drought conditions no longer exist; or (2) a determination is made by the Commissioners' Court that the circumstances identified under Subsection (c)(2) of Local Government Code §240.906 no longer exist. IN WITNESS WHEREOF, I affix my signature this 3151 day of July, 2001. \VERS k - r 'el *Attest: , .•t+y ' CpNo7 l Sy • Marlene Paul, County Clerk Arle a N. Marshall, County Judge Calhoun County, Texas APPROVAL OF MINUTES A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that the minutes of December 29, 2000, January 8, 2001 and January 2001 be approved as distributed. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • Arlene N. Marshall H. Floyd County Judge Commissioner, Pct. 3 Roger C. Galvan Kenneth W. Finster Commissioner, Pct. 1 Commissioner, Pct. 4 Michael J. Balajka Commissioner, Pct. 2 Marlene Paul, County Clerk By Shirley Foester, Deputy APPROVE TAX RESALE OF LOT 8 BLOCK 55 PORT LAVACA TOWNSITE Judge Marshall said there was no buyer at the Sheriff's Sale on Lot 8, block 55, Original Port Lavaca Townsite but a bid was received late in the amount of $5,000 from Servando Orta and it is a proposal to sell. The amount shown on the paperwork of $5,050 is to be checked. This agenda item was postponed to August 13, 2001. INTERLOCAL AGREEMENT TO PARTICIPATE IN THE TEXAS ASSOCIATION OF COUNTIES HEALTH AND EMPLOYEE BENEFITS POOL A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to is authorize the County Judge to enter into an Interlocal Agreement to participate in the Texas Association of Counties Health and Employee Benefit Pool. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. TEXAS ASSOCIATION OF COUNTIES HEALTH AND EMPLOYEE BENEFITS POOL INTERLOCAL PARTICIPATION AGREEMENT This Interlocal Participation Agreement (the "Agreement") is made by and between , a political subdivision of the State of Texas (the "Member"), acting through its [COMMISSIONERS' COURT OR OTHER GOVERNING BODY], and the Texas Association of Counties Health and Employee Benefits Pool ("HEBP"), as authorized by the Texas Interlocal Cooperation Act (TEx. Gov'T CODE, Chapter 791), acting on its own behalf and on behalf of each other political subdivision having membership in the HEBP. 1. RECITALS L l The Member is a political subdivision of the State of Texas as "political • subdivision" is defined in Chapter 172 of the Texas Local Government Code. 1.2 As a political subdivision of the State of Texas, the Member performs certain governmental functions and services as those terms are defined under Section 791.001 of the Texas Goverment Code. 1.3 The Member desires to contract with HEBP in order to obtain health and employee benefit plans and administrative services relating to health and employee benefit plans for its officials, employees, and retirees, and their eligible dependents, including accident, health, dental, life, disability and other appropriate coverages. 339 1.4 The Member acknowledges that this Agreement is a contract with HEBP and each political subdivision that is a member of HEBP and that HEBP may contract with other political subdivisions wishing to participate, at the discretion of HEBP. 1.5 The Member's governing body has agreed to the terms and conditions meeting, CO of this Agreement and has acted by majority vote, at a duly called and posted public meetin authorize the execution of this Agreement and participation in HEBP 2. AGREEMENT • 2.1 Entry Into HEBP. For and in consideration of the premises and the mutual agreements set forth below, and other good and valuable lconsiderationeving efficiencies and economies ember enters into this Agreement for the purpose of joining HEBP, y achOf scale in connection with the provision of health and employee benefits for the Member's officials, employees, and retirees, and their eligible dependents. 2.2 HEBP Not an Insurer. HEBP is not an insurer. All benefits provided by HEBP are authorized pursuant to the Texas Political Subdivision Uniform Group Benefits P Government erlocal (Chapter rinmen Code) and other applicable t provisions of Texas law.ration Act (Chap Board Approved 715101 2.3 Administrative Contract with the Texas Association of Counties. HEBP has Association of Counties ("TAC'� to administer the business and contracted with the Texas the performance of the Agreement and the operation of HEBP. supervise 2.4 Transfer of Assets. Each political subdivision that is or was a participant in the Insurance Trust Fund (the "Fund) hereby acknowledges that Texas Association of Counties Fund will expire under the terms of the Restated Agreement and Declaration of Trust on October in full transfer of the assets of the Fund to 1, 2001 and acknowledges, consents to and ratifies the HEBP 2.5 Merger. Each Member that is or was a participant in the Texas Association of to and ratifies in full the Counties Employee Benefits Pool hereby acknowledges, consents Benefits Pool into HEBP,"which will be effective on September 30, merger of the Employee • 2001. CONDITIONS 3. TERMS AND 3.1 Termination. This Agreement shall commence as of the date of execution by the, This Agreement shall be automatically renewed annually for second party to sign the Agreement. the necessity of any action the parties payment ewer than an additional one-year term without eby end lect o the renew of the appropriate premium or contribution. Either �tmay original term Agreement any by giving written notice at least thirty (') Y prior e renewal term. 3.2 Agreement Binds Members. Each Member agrees to be bound by this Agreement of HEBP, which collectively establish the conditions for and the Bylaws, policies and procedures membership in HEBP. The Bylaws, of HEBP are incorporated by reference and made a part of herein. Any amendment to the Bylaws shall this Agreement for all purposes as if fully set out Member immediately upon its adoption. become binding on the 3.3 Benefit Plans. HEBP shall snake available health and employee benefit plans for Member, including accident, the officials, employees, retirees, and eligible dependents of the health, dental, life, disability and other appropriate coverages (the "Benefit Plans'): Such State of Texas, including the benefits will be, providedunder the authority of the laws of the Government Uniform Group Benefitsm (h Texas Political Subdivision Code and other Code), the Interlocal Cooperation Act (Chap ter rcover from Schedule of Benefitsthose provisions of Texas law.. Each Member will adopt its own made available by HEBP. The Benefit Plans may be insured, self -insured, pooled es, or any combination thereof. 3.4 HEBP Procedures and Bylaws. Every Member shall fumishall the and shall abide by ation the that HEBP deems necessary and useful for the purposes of this Agreement for the administration of the Benefit Plans. • procedures and Bylaws adopted 3.5 Third -Party Administrator. HEBP may contract with one or more third -party administrators. . .,. 340 3.6 Payments and Conditions. Payments and contributions shall be made by the Member to HEBP at Austin, Travis .County, Texas on the dates and. in such amounts as HEBP requires. Interest, beginning the, -first day after the due date and continuing until paid, shall accrue at the maximum rate allowed by law on the balance of any payment or contribution not paid when: due. Contributions, and other payments received by HEBP from its Members will be held and managed ,for the benefit,of the. Members of the Pool, .not the individual officials, employees, retirees of the Member,, or the dependents of these officials, employees or retirees. 3.7 Insurance and Reinsurance. HEBP may purchase "insurance, stop loss or excess loss coverage, and/or reinsurance as provided by law, and each Member is subject to the terms and conditions of any such insurance,stop loss or excess loss coverage, or reinsurance. , 3.8 Coordinators.- . Each Member hereby designates and appoints, as indicated in the space provided below, a Pool Coordinator of department head rank -or above and agrees that HEBP shall not be required to contact or provide notices to any other person. Further, any notice to, or agreement by, a Member's Pool Coordinator, with respect to service or claims hereunder, shall be binding on the Member. Each Member reserves the right to changilts Pool Coordinator from time to time by giving written notice to HEBP. 3.9 Audits. HEBP shall .be audited annually by an independent certified public accountant, and the audit shall be filed as .required by the laws of the State of Texas including, but not limited to, Chapter 172 of the Local Government Code. 3.10 Plan Administrator. Each Member, as its own Plan Administrator, retains the right, duties and privileges of the Plan Administrator and acknowledges it has responsibility for compliance with all state and federal laws applicable to employee benefits for its employees and plan participants. 111 Member Responsible. Each Member acknowledges that to the extent its Benefit Plan is self -insured, it remains responsible for the payment of benefits under the Benefit Plan in the event HEBP fails to make such payments. 4. ADMINISTRATIVE PROVISIONS. 4.1. Amendment.. This. Agreement shall not be amended or modified other than in a written agreement signed by the parties, or as otherwise provided under this 'Agreement 4.2 Applicable Law. This Agreement is entered into, is executed and is totally performable in the State of Texas, County of Travis, and all questions pertaining to its validity or construction shall be determined in accordance with the laws of the State of Texas. 4.3 Acts of Forbearance.No act of forbearance on the part of either party to enforce any of the provisions of this Agreement shall be construed as a modification of this Agreement, • nor shall the failure of any party to exercise any right or privilege'herein granted be considered as a waiver of such right or privilege. -3- 341 • 4.4 Notices. Any notice required to be given or payment required to be made to HEBP shall be deemed properly sent if addressed to: Texas Association of Counties Health and Employee Benefits Pool Attention: HEBP Manager 1204 San Antonio Austin, Texas 78701 and deposited in the United States mail with proper postage. HEBP may change its address by giving notice to the Members. However, with respect to any notices regarding claims under a Member's coverages, any particular provisions in the applicable Benefit Plan obtained by the Member prevail and govern the matter of such notices. 4.5 Effect of Partial Invalidity: Venue. If any part of this Agreement is declared invalid, void or unenforceable, the remaining parts and provisions shall continue in full force and effect. It is further agreed that venue for any dispute arising under the terms of this Agreement shall be in Austin, Travis County, Texas. • 4.6 Exclusive Right to Enforce. HEBP and the Member have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. EXECUTION IN WITNESS WHEREOF, we hereunto affix our signatures as of the date indicated below. TEXAS ASSOCIATION OF COUNTIES HEALTH AND EMPLOYEE BENEFITS POOL By:> Date: • Executive Director, or Authorized designee for Texas Association of Counties MEMBER By: Title Date: POOL COORDINATOR Name: Address: Phone Number: 4- 342 BYLAWS AND PLAN OF OPERATION OF THE TEXAS ASSOCIATION OF COUNTIES HEALTH AND EMPLOYEE BENEFITS POOL ARTICLE I Creation of HEBP The Texas Association of Counties Health and Employee Benefits Risk Pool (hereinafter referred to as "HEBP"), sponsored by the Texas Association of Counties ("TAC"), was established on July 3, 2001 by the entry of certain political subdivisions of the State of Texas into a charter interlocal agreement. These political subdivisions of the State of Texas created HEBP to provide health and employee benefits to their officers, employees, retirees, and eligible dependents pursuant to the provisions of Chapter 791 of the Local Government Code (the "Interlocal Cooperation Act"), Chapter 172 of the Texas Local Government Code, and other applicable law. ARTICLE II • Definitions As used in this agreement, the following terms shall have the meaning hereinafter set out: A. BOARD — the Board of Trustees of HEBP; B. MEMBER -- a political subdivision of the State of Texas which enters into and maintains the requisite contractual relationship through an intergovernmental agreement with HEBP. C. HEBP MANAGER — TAC or its duly authorized designee; ARTICLE III Purposes A. HEBP is organized exclusively for the benefit of political subdivisions of the State of Texas to serve as the administrative agency and a pool for health and employee benefits and to assist members in controlling costs by taking advantage of economies and efficiencies of scale. HEBP is not intended to operate as an insurance company, but rather is intended to be a contracting mechanism by which political subdivisions of the State of Texas may contract with each other to provide benefits for their officers, employees, retirees and eligible dependents. HEBP is authorized to operate anywhere within the State of Texas and is not limited in its operations to any particular territory within the State of Texas. B. It is the intent of the Members to use Member contributions to pay for the cost of benefits • obtained by each Member for its employees through its employee benefit plan. It is also the intent of the Members to have HEBP provide needed coverages at reasonable costs. Except as provided herein, all income and assets of HEBP shall be at all times dedicated to the exclusive benefit of its Members. Board Approved 7/5/01 343 • C. The principal and income of all property received and accepted by the Board to be administered under these Bylaws may be held and invested for HEBP in such a manner as the Board shall determine. The investment policy of HEBP shall be established by resolution of the Board, and may be changed from time to time. The Board may make payments or contributions from income or principal, or both, to or for the use or benefit of the Members, in such a manner as the Board shall determine to be proper under these Bylaws and the investment policy. D. No part of the net earnings of HEBP shall inure to the benefit of or be distributable to its Trustees, officers, Members, or other private persons, except that HEBP may pay reasonable compensation for services rendered and may make payments and distributions in furtherance of the purposes set forth herein. E. Upon dissolution of HEBP, the Board of Trustees shall, after paying or making provision for the payment of all the liabilities of HEBP, distribute all the assets of HEBP either to the current Members who contributed to any remaining surplus pro rata in proportion to their annualized contributions, or to a successor entity. F. In recognition of the role of HEBP as one of the governmental programs of TAC, HEBP shall seek cooperative arrangements with other T.A.C.-sponsored governmental programs • concerning administration, investments, joint programs, and other matters of mutual concern in order to achieve economies and to effectuate objectives shared by the said Association and any other T.A.C.-sponsored governmental programs. Such cooperative arrangements may include formal merger with another one or more of the governmental programs of TAC, at such time and on such terms as shall be judged appropriate by the Trustees of HEBP. ARTICLE IV Non -Waiver of Governmental or Other Immunitv or Monetary Limits All money, plus earned interest, contained within HEBP is money derived from the Members. It is the intent of the Members that, by entering into interlocal participation agreements to become Members of HEBP, they do not waive and are not waiving any immunity provided to the Members or their officers or employees by any law or any monetary limits on the liability of the Members or their officers or employees provided by any law. ARTICLE V Powers A. The powers of HEBP to perform and accomplish the purposes set forth above shall be the following, subject to the budgetary limits of HEBP and the procedures set forth in these Bylaws: 1. To provide employee and health benefit plans for the officials, employees, • retirees, and dependents of the Members, including accident, health, dental, life, disability and other appropriate coverages (the `Benefit Plans'. Such benefits will be provided under the authority of the laws of the State of Texas, including the Texas Political Subdivision Uniform Group Benefits Program (Chapter 172, -'- -: , M • Local Government Code), the Interlocal Cooperation Act (Chapter 791, Government Code), Articles 3.51-2 and 3.51-6 of the Texas Insurance Code, and other applicable provisions of Texas law. 2. To pay liabilities and health benefits for officials, employees, retirees and eligible dependents, and no other liabilities except as specifically agreed, for HEBP Members in accordance with interlocal participation agreements entered into by the Members; 3. To purchase group health insurance coverage and other employee benefits for Members; 4. To charge contributions for the services provided to Members, including the costs of operation; 5. To retain employees, agents and independent contractors necessary to administer and achieve the purposes of HEBP, including but not limited to attorneys, accountants, financial advisors, claims and loss control administrators, actuaries, • investigators, experts, consultants and others; 6. To purchase and lease real property, equipment, machinery, and personal property; 7. To hold all funds contributed by Members and to invest such funds in investments authorized by the Board pursuant to its investment policy; S. To purchase stop loss insurance or excess insurance or reinsurance; 9. To carry out such other activities'as are necessarily implied or required to carry out the purposes of HEBP; 10. To sue and be sued; 11. To enter into contracts; 12. To enter into interlocal participation agreements with Texas political subdivisions eligible under these Bylaws and to vary the provisions of such agreements in accordance with the policies and decisions of the Board; 13. To require at any time the execution by a Member of a new interlocal participation agreement within 30 days of the Member's receipt of such new • agreement, or in the absence of execution, to terminate the Member's participation in HEBP in accordance with Article XVI of these Bylaws; 14. To reimburse Trustees for reasonable and approved expenses, but any expense incurred in attending Board meetings shall be reimbursed in accordance with TAC's travel policies in effect at the time the expense is incurred; 3- 345 r 15. To purchase fidelity bonds from an insurance company approved by the Texas Department of Insurance to write surety bonds in Texas; 16. To provide or contract for claim adjustment services, network contracting management, pharmacy management, eligibility management, underwriting and other services necessary to manage an employee benefit plan; 17. To contract with TAC or any entity representing any other program sponsored by or associated with TAC in order to achieve economies in operations and management or further shared objectives; and 18. To enforce the terms of the interlocal participation agreements into which it enters with Members. B. HEBP shall have only those powers consistent with Texas law, these Bylaws, the interlocal participation agreements entered into with Members, and any amendments adopted hereto and as otherwise provided by law. ARTICLE VI Participation • Membership in HEBP shall be limited to political subdivisions of the State of Texas that agree to abide by the standards for membership adopted by the Board, to abide by the Bylaws, and to enter into interlocal participation agreements with HEBP. The Board may establish a minimum initial period of coverage for new members which shall be for a period of not less than one year, subject to the payment of such sums and under the conditions established in these Bylaws. The Board may apply a surcharge to any risk that does not meet the basic underwriting criteria established by the Board or its designee. HEBP may refuse to accept any applicant for membership. ARTICLE VII Duration of Membership All Members of HEBP, unless terminated or expelled pursuant to the withdrawal or expulsion provisions of these bylaws, may remain Members indefinitely. Any Member that is expelled or that terminates its membership prior to the end of the annual coverage period shall be subject to normal short -rate earned premium factors, if applicable. ARTICLE VIII Obligations of Members The obligations of the Members are: isA. To pay promptly all contributions or other payments to HEBP at such times and in such amounts as shall be established pursuant to these Bylaws, the interlocal participation agreement, and the applicable policies or Benefit Plans. Failure of a Member to pay its contribution or other -4- w:. 346 payment within 30 days of receipt of an invoice may result in the assessment of a late fee at a rate not to exceed the maximum interest rate allowed by law. B. To designate in writing a representative to serve as a coordinator with HEBP (a "Pool Coordinator'. The Pool Coordinator must be an employee or officer of the member political subdivision and of department head rank or above, but may be changed from time to time; C. To allow HEBP and the HEBP Manager, andlor its agents, contractors, and officers, reasonable access to all facilities of the Member and all records, including, but not limited to, financial records, as required for the administration of HEBP; D. To cooperate fully with HEBP's attorneys and the HEBP Manager, and any other agents, contractors, or officers of HEBP in activities relating to the purposes and powers of HEBP; E. To provide HEBP, upon request, information on exposures identified by HEBP; F. To allow attorneys and others designated by HEBP to represent any Member in the investigation, settlement, and litigation of any claim made against the Member within the scope • of loss protection furnished by HEBP; and G. To report to HEBP, in the form required by the Board or the HEBP Manager and as promptly as possible, all incidents or occurrences which would reasonably be expected to result in HEBP being required to consider a claim against the Member, its agents, officers, or employees, within the scope of a Benefit Plan furnished by HEBP. ARTICLE IX Charees/Dividends A. HEBP shall charge the Members for the benefits and services provided, with such charges being established by the Board. B. Any surplus resulting from an excess of accumulated contributions and income over claims payments, losses, reserves, including actuarily developed or incurred but not reported and contingencies for claims development, and the cost of administering HEBP shall be available for the benefit of the membership in accordance with Board determinations. A surplus may be used by the Board to distribute dividends to Members in accordance with policies or determinations adopted by the Board, used to reduce required contributions, retained in reserves or in any other manner to strengthen or benefit HEBP, including merger with any other TAC sponsored intergovernmental pool. ARTICLE X • Board of Trustees and Officers A. The Board shall be comprised of eleven (11) persons. No Member may have more than one employee or elected official on the Board at any one time. Any Board member must be an employee or an elected or appointed official of a public subdivision of the State of Texas that is -5- 34'7 a Member of HEBP. The withdrawal of a Member shall vacate the membership on the Board of Trustees of any employee or elected or appointed official from the withdrawing Member. Any Board member who ceases to be an employee or elected official of a Member shall immediately cease to be a member of the Board of Trustees. However, such Board member shall serve until a successor takes office pursuant to these Bylaws. B. On or before October 1, 2001, the Board of Trustees shall be selected by the Members. Four of such Trustees, to be known as Group A Trustees, shall serve an initial term of one (1) year. Another four of such Trustees, to be known as Group B Trustees, shall serve an initial term of two (2) years. The remaining three of such Trustees, to be known as Group C Trustees, shall serve an initial term of three (3) years. Group A and Group B Trustees are each eligible to serve one three-year term at the end of their initial terms, as set out above. Trustees shall continue to perform their duties as Trustees until their successors take office. C. Trustees shall be selected in the following manner. The President of TAC shall, with the concurrence of the Board of Directors of TAC (or its Executive Committee), select a nominee for each particular Trustee positions. Together with a ballot, notice of the nomination shall be mailed by registered or certified mail by the Secretary to the Pool Coordinator of every Member. Each county judge chief executive officer or other designee of each Member political subdivision shall on behalf of the Member cast the ballot by mail or other method which may be prescribed by, for the first election, the President of TAC, and for all elections thereafter by HEBP's Board • of Trustees. The ballots which have been received by the Secretary no later than d p.m. on the 14" day after the date of issuance of the notice of nomination shall be canvassed by the Secretary and approved by, in the case of the initial election, the President of TAC, and for each election thereafter, by the Chairman of HEBP's Board of Trustees, subject to the discretion of the whole Board of Trustees to review and approve the canvass. The person receiving the highest number of votes shall be elected to the office. The Secretary shall notify the Members of the results of the canvass. D. Any Trustee who fails to attend two (2) or more consecutive meetings, whether regular or special, without having been excused by the Chairman, shall be deemed to have resigned. However, the Trustee shall continue to serve on the Board until such time as his successor is selected pursuant to the terms of Article X. E. set out below. E. The officers of the Board shall consist of a Chairman and a Vice Chairman, who shall be designated annually by the President of TAC with approval of the TAC Board of Directors. The Chairman shall designate a Secretary to keep the minutes and records of the Board, who may or may not be a member of the Board itself. A majority of members of the Board, as the Board is constituted at the time, shall constitute a quorum. Concurrence of a majority of those present and voting shall be necessary for any official action taken by the Board, except as otherwise provided herein. Any vacancy on the Board due to death, resignation, disqualification, or inability to act shall be filled for the unexpired term by selection of another member in the same manner that the original member was selected. The designation of a person to fill an unexpired term of a Trustee • shall not be deemed to create service in a consecutive term for purposes of the prohibition of paragraph B of this Article. 6- 11 F. The duly elected, qualified and acting members of the Board shall serve without compensation, but shall be entitled to reimbursement of actual expenses incurred in the performance of their official duties upon the approval of such expenses by the Board. Such reimbursement shall be in accordance with the reimbursement policies of TAC, as are currently in force. G. The Trustees shall not be deemed to have the duties of trustees under the Texas Trust Act or the common law, but shall be mere fiduciaries. They may act in accordance with the business judgment rule and the other constituencies doctrine. H. Trustees must comply with training requirements equivalent to those set forth in V.T.C.A., Local Government Code, Section 172.007. ARTICLE XI Powers and Duties of the Board of Trustees A. HEBP's Board of Trustees shall have all the powers and duties necessary for the accomplishment of the purposes and goals of HEBP, including but not limited to the following specific powers and duties: • 1. To contract for such professional services as it may deem necessary and to fix the time, manner, and payment therefor; 2. To contract with any qualified organization to perform any of the functions necessary for carrying out a self -insured health and employee benefit pool arrangement, including any and all other services that the Board shall deem expedient for the proper servicing of those Members who use the services of HEBP; 3. To carry out or supervise the performance of all of the duties necessary for the proper operation and administration of HEBP on behalf of HEBP Members and to that end the Board shall have all of the powers necessary and desirable for the effective administration of the affairs of HEBP, including the power to delegate certain functions to contractors as described herein; 4. To adopt rules to carry out the requirements of and implement the Benefit Plans, the Bylaws and Plan of Operation and all interlocal participation agreements with its Members; 5. To establish the contributions and other payments to be paid by the Members; 6. To develop and prepare the interlocal participation agreement or agreements to be • entered into by counties or other political subdivisions to become Members of HEBP, including different agreements in accordance with differing financial arrangements approved pursuant to policies of the Board (such as "cash flow" agreements); -7- i 349 7. To approve claims administration services providers and other service providers, including but not limited to third -party administrators, necessary for the administration of HEBP, upon recommendation of the HEBP Manager or its agents or contractors; 8. To set a budget and any necessary revisions to the budget; 9. To establish policies for claims and loss control procedures; 10. To establish underwriting criteria; 11. To establish the fees, contributions, loss reserves and other financial arrangements to cover the costs of operating HEBP and providing Benefit Plans to HEBP Members; 12. To establish policies for the investment and disbursement of funds; 13. To arrange for the investing of the monies of HEBP in accordance with the Board's investment policy and to open and maintain bank and other accounts as are deemed necessary by the Board; • 14. To have an audit performed by a certified public accountant at the end of each fiscal year, 15. To form and delegate to committees and provide other services as needed by HEBP; 16. To do all acts necessary and proper for the operation of HEBP and implementation of these Bylaws subject to the limits of the Bylaws and not in conflict with these Bylaws; 17. To implement the dissolution of and disbursement of assets of HEBP following a determination made pursuant to the provision of Article III, paragraph E; 18. To select a qualified actuary, who shall conduct an annual review of HEBP and make recommendations to HEBP Manager and Board based on such review; 19. To approve attorneys or fines of attorneys retained to represent Members in claims within the scope of Benefit Plans furnished by HEBP or to delegate such approval to the HEBP Manager or its designee; 20. To require at any time the execution by a Member of a new interlocal participation agreement within 30 days of receipt of such new agreement by mail, or in the absence of execution, to terminate the Members participation in HEBP at the • option of the Board, in accordance with Article XVI of these Bylaws; s- 350 21. The Board shall have the general power to make and enter into all contracts, leases, and agreements necessary or convenient to carry out any of the powers granted under these Bylaws or under any other law. All such contracts, leases, and other agreements shall be approved by resolution of the Board and shall be executed by those individuals designated in such resolution. However, the Board's designee shall have the power to execute interlocal participation agreements in accordance with the policy or practice of the Board without the necessity of express Board action on each such agreement. Additionally, the Board shall have the power to delegate all the above mentioned functions to contractors as permitted under these Bylaws or other law. In the absence of such designation or delegation, all agreements shall be executed by the Chairman or Vice Chairman or the Executive Director of TAC and attested by the Secretary of the Board. B. The Chairman of the Board shall appoint an Executive Committee or designee of the Board to handle the affairs of the Board between the regular Board meetings or any of the called Board meetings. The Board shall review the actions of the Executive Committee at each Board meeting to ratify any actions taken. The Chairman may appoint other committees with authority specifically granted by the Board and subject to its supervision. The Board may dissolve any such committee at any time. C. The Board shall contract with TAC or its designee for general administrative services as the HEBP Manager. The contract shall include a reasonable fee to cover the cost of administrative services being provided. Services to be provided by or through the HEBP Manager shall include, but not necessarily be limited to: negotiating terms of any insurance or reinsurance contracts; bookkeeping services; financial statements; necessary reports on claims. incidences and recording and depositing of payments; providing information to potential members; reviewing claims from Members; reviewing and making recommendations on all HEBP contracts; maintaining a complaint register; acting as a liaison with state authorities and responding to inquiries from state authorities; computing and providing membership billings. filing required forms and reports with state and other governmental authorities; maintaining appropriate files; assisting HEBP's auditor and actuary as necessary; reviewing the performance of all contract services providers; coordinating banking functions, and handling deposits and reconciliations; implementing investment policies established by the Board; supplying resource material for Board meetings; attending Board meetings and other meetings necessary to the administration of HEBP; keeping detailed minutes of Board meetings; providing risk management services; and administering committees established by the Board. The HEBP Manager may execute all contracts on behalf of HEBP that are necessary to provide the general administrative services described herein if any monies to be expended under the contract are included in HEBP's approved budget or any approved revisions thereto. D. The Board shall have the power to establish administrative services-only_programs for • counties and other self -insured political subdivisions approved by the Board. HEBP Members that participate in such services -only programs will enter into interlocal agreements with HEBP for the provision of claims services for HEBP Member's self -insured program. Such Member shall not participate in the Benefit Plans or reserves of HEBP. The sole responsibility of HEBP MIR will be to provide claims services, and risk management services such as loss control, on a cost fee basis. E. The Board shall have the power to establish a program for larger counties and political subdivisions that are approved for membership in HEBP which will permit them to participate in HEBP on a basis where their experience shall be more fully reflected in their premiums, dividends and participation in reserves. The Board shall establish the criteria for participation in the program and shall provide for a separate interlocal agreement for such participation. The program may be structured on a retrospective premium basis. ARTICLE XII Meetings of the Board of Trustees A. Meetings may be called by the Chairman or by a majority of the Trustees or by unanimously executed waiver of notice. B. All acts of the Board shall require a majority vote of the Trustees present, except as otherwise specifically provided in these Bylaws. C. Any meeting of the Board may be held by telephone conference call in which all or certain of the Trustees are not physically present at the place of the meeting, but all or some participate in the conduct thereof by telephone. For the purpose of determining the presence of a quorum and for all voting purposes at such a meeting, all participating Trustees shall be considered present and acting. ARTICLE XIII Liabilitv of Board of Trustees A. Members of the Board of Trustees of HEBP and employees thereof, as well as employees of the HEBP Manager, shall not be personally liable to any Member, official, employee, retiree, eligible dependent of a Member, or any other person for any acts performed or omitted in subjective good faith or in accordance with relevant objective standards. HEBP shall use its resources to defend and indemnify the members of HEBP's Board of Trustees and employees thereof, as well as employees of the HEBP Manager, against/any and all expense, including attorney's fees and liability expenses sustained by them or any of them in connection with any suit or suits which may be brought against said members of the Board of Trustees and such employees involving or pertaining to any of their acts or duties performed or omitted for HEBP in accordance with the above standards. HEBP may purchase insurance providing coverage for the Trustees and employees thereof, and the employees of TAC. Nothing herein shall be deemed to prevent compromises of any such litigation where the compromise is deemed advisable in order to prevent greater expense or cost in the defense or prosecutions of such litigation. B. HEBP may obtain a bond or other security to guarantee the faithful performance of the • duties of each Trustee. -10- I 352 ARTICLE XIV Bond Each member of the Board and each employee, as well as any employee of TAC who has any authority over money in HEBP or money collected or invested by HEBP may be required by the Board to execute a bond in an amount determined by the Board, conditioned on faithful performance of his or her duties. The cost of the bond shall be paid by HEBP. ARTICLE XV Withdrawal from Membership A. Any Member may withdraw from HEBP by giving at least sixty (60) days' written notice to the Board and the HEBP Manager of its desire to withdraw. B. Any Member withdrawing shall be entitled to receive only its share of all dividends that are given during or are declared by the Board to be calculated in accordance with a period for which the withdrawing Member was a participant in HEBP, subject to a set-off for any outstanding obligation of such Member to HEBP. Such share shall be calculated in accordance . with policies and determinations which are made by the Board. Except as provided in this Paragraph, a withdrawing Member shall have no right to any portion of the assets or accumulated surplus of HEBP. C. HEBP shall continue the servicing of any pending claims after the withdrawal of the Member unless the Member specifically assumes the liability and makes provision to indemnify HEBP from loss by taking over the servicing of the claim. HEBP will have no responsibility for payment or servicing of claims from an Administrative Services Only contract member after termination of the Administrative Services Only contract. D. A Member that has withdrawn shall not be entitled to any reimbursement of contributions that are to be paid or that shall become payable in the future, and shall continue to be obligated to make payment for an obligation which arose prior to withdrawal and for any additional period for which liability may be created by contract. If the withdrawal occurs prior to the end of the Member's annual coverage period, normal short -rate earned premium factors will be utilized in calculating the Member's liability. ARTICLE XVI Expulsion of Members A. By a majority vote of the Board, not including any Trustee disqualified pursuant to Article XV1. B., any Member may be expelled. Such expulsion, which shall take effect sixty (60) days after such meeting, may be carried out for one or more of the following reasons: • 1. Failure to allow HEBP or the HEBP Manager reasonable access to all facilities and records of the Member necessary for proper administration of HEBP; 2. Failure to fully cooperate with HEBP's HEBP Manager or other agent, contractor, or any officer of HEBP; 353 3. Failure to carry out any obligation of a Member which impairs the ability of HEBP to carry out its purposes or powers; 4. Failure to comply with the obligations of Members as set forth in Article VIII of these Bylaws; 5. Failure to execute a new interlocal participation agreement with HEBP when required under Article V, paragraph A.12 and under Article XI, paragraph A.21 of these Bylaws; or 6. Failure to control losses over an extended period and when this repeated failure has resulted in a financial loss to HEBP in any three of the past five years and when the Board determines that this loss is the result of the action or inaction of the Member. B. The vote of a Trustee who is employed by, an officer of, or otherwise representing a political subdivision proposed to be expelled shall not be counted in determining the number of votes required nor shall such Trustee be entitled to vote on the expulsion of his or her own political subdivision. C. Except for nonpayment of an obligation to HEBP, no Member may be expelled except • after written notice from the Board of Trustees of the alleged failure along with a reasonable opportunity of not less than thirty (30) days to cure the alleged failure. The Member may request a hearing before the Board before any final decision, which shall be held within thirty (30) days after the expiration for the time to cure has passed. A decision by the Board to expel a Member after notice of hearing and failure to cure the alleged defect shall be final and take effect sixty (60) days after the decision to expel is rendered by the Board. After expulsion. the former Member shall continue to be liable for any unpaid contributions and to make any payment for which an obligation arose prior to expulsion or in accordance with any contract provisions. The expelled Member shall not be entitled to any reimbursement of contributions that are to be paid or that shall become payable in the future; provided, however, the expelled Member shall be entitled to receive all dividends which are given in accordance with Board determinations, subject to a set-off for any outstanding obligation to HEBP. If the Member is expelled prior to the end of Member's annual coverage period, normal short -rate earned premium factors will be applied to determine the obligation of the Members. • D. Notwithstanding any other provision in these Bylaws, the Board may terminate the membership and expel a Member without further notice if any payment owed by the Member to HEBP remains outstanding beyond sixty (60) days of the due date. E. Expulsion shall be in addition to any other remedy which otherwise exists. 12- 354 i ARTICLE XVII Contractual Obligation A. An original or certified or attested copy of each Member's executed interlocal participation agreement shall remain on file with HEBP. B. Except to the extent of the financial contributions to HEBP agreed to herein or such additional obligations as may come about through amendments to these Bylaws, no Member agrees or contracts herein to be held responsible for any claims made against any other Member. The contracting parties intend in the creation of HEBP to establish an organization to operate only within the scope herein set out and have not herein created as between Member and Member any relationship of surety, indemnification or responsibility for the debt of or claims against any other Member. ARTICLE XVIII Fiscal Year The fiscal year of HEBP shall be the calendar year or other twelve (12) month period as • established by the Board of Trustees. ARTICLE XIX Severabilitv In the event that any article, provision, clause or other part of these Bylaws is held invalid or unenforceable by a court of competent jurisdiction, such validity or unenforceability shall not affect the validity or enforceability with respect to other articles, provisions, clauses, applications or occurrences, and these Bylaws are declared to be severable. ARTICLE XX Amendment of Bvlaws A. Any amendment to the Bylaws shall become binding on any HEBP Member upon its adoption. The provisions of any amendment which alter the rights of a Member which would otherwise exist under a contract shall be effective on the thirtieth (30th) day after written notice of the provision has been served on the Member in accordance with the contract provisions, or otherwise as the parties may agree. B. These Bylaws may be altered, amended or repealed by a majority of the Board of Directors of TAC present at any regular meeting or at any special meeting if at least two days' written notice is given of an intention to alter, amend or repeal these Bylaws or to adopt new Bylaws at such meeting. The Board of Trustees of HEBP may recommend such changes as it • deems necessary or desirable to the Board of Directors of TAC. 355 ARTICLE XXI Notices A. Any notice required or permitted by these bylaws to be given to a director, officer, or member of a committee of HEBP may be given by facsimile, mail, telegram, or e-mail. If mailed, a notice is deemed delivered when deposited in the mail addressed to the person at his or her address as it appears on the HEBP's records, with postage prepaid. If given by telegram, a notice is deemed delivered when accepted by the telegraph company and addressed to the person at his or her address as it appears on the HEBP's records. If by facsimile transmission, a notice is deemed delivered when printed confirmation of receipt is obtained from the transmitting mechanism. A person may change his or her address in the HEBP's records by giving written notice of the change to the secretary of HEBP. B. Whenever any notice is required by law or these bylaws, a written waiver signed by the person entitled to receive such notice is considered the equivalent to giving the required notice. A waiver of notice is effective whether signed before or after the time stated in the notice being waived. C. A person's attendance at a meeting constitutes waiver of notice of the meeting unless the person attends for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened. • ARTICLE XXII Miscellaneous Provisions A. These bylaws will be construed under Texas law. All references in these bylaws to statutes, regulations, or other sources of legal authority will refer to the authorities cited, or their successors, as they may be amended from time to time. B. To the greatest extent possible, these bylaws shall be construed to conform to all legal requirements and all requirements for obtaining and maintaining all tax exemptions that may be available to unincorporated associations such as HEBP. If any bylaw provision is held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision, and the bylaws will be construed as if they had not included the invalid, illegal, or unenforceable provision. Venue for any dispute arising out of or under these bylaws shall be in Travis County, Texas. C. The headings used in the bylaws are for convenience and may not be considered in construing the bylaws. D. All singular words include the plural, and all plural words include the singular. E. A person may execute any instrument related to HEBP, except a vote or written consent • of a director or committee member, by means of a power of attorney if an original executed copy of the power of attorney is provided to the secretary to be kept with the corporate records. 356 F. The bylaws will bind and inure to the benefit of the directors, officers, committee members, employees, and agents of HEBP and their respective heirs, executors, administrators, legal representatives, successors, and assigns except as the bylaws otherwise provide. I certify that I am the secretary of the Texas Association of Counties Health and Employee Benefits Pool and that these bylaws constitute HEBP's Bylaws. These bylaws were T duly adopted at a meeting of the Board of Trustees held on V U I ! 5 , 2001. Dated: Ju �V c1 r aoo I By: T -t5- 35'7 For HEBP • • • • • • VERIZON — NOTICE OF COMMUNICATION LINE INSTALLATION IN PRECINCT #2 A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to authorize Verizon to extend a buried cable in the County right-of-way on Royal Road from Teddy Roosevelt Road to Jurek Road. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. VERIZON Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION July 14, 2001 TO THE COMMISSIONERS COURT OF CALHOUN COUNTY ATTENTION: COUNTY JUDGE Formal notice is hereby given that VERIZON SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in Calhoun County, Port Lavaca, Texas as follows: Beginning at the intersection of Royal Rd. and Roosevelt Rd. northwest of Port Lavaca, Tx, Verizon Communications proposes to extend buried cable for 3,600' down the south row of Royal Road. This job will end 1,211' beyond Jurek Rd. At this point, the new cable will tie into the existing cable feeding this county road. All paved county roads and culverts will be bored. All cable will be placed 5' inside the applicable right-of-way except for portions that will conform to drainage ditches. In addition all buried cable will be plowed or trenched to a minimum depth of 30". SEE ATTACHED NARRATIVE The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right- of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this tine will begin on or after August 10,2001 VERIZON SOUTHWEST INCORPORATED By Eileen Humphr s Supervisor - Access Design Address 223 N. Colorado Port Lavaca, TX 77979 358 -4 Y o. Cm 1-00Q, I V ER•I ZO N PROMES TO PLACE BLtR1ED CABLE /ALONG co(ANT`f ROW FOR A DISTANCE OF h vx� D ISTQ\LT GTE Telephone Operations I • PWV °"� 7-14-61 -% PORT LAVACA TX DESCRIPTION PWV are 1-14-0\ COlA1ATY NUTIF\CRTION w.E `' BUR\ED CABLE CALHOUN colAu" o"TE SCALE ''T- S W.O. NO.' SHEET 3 POI 3�' 0 VERIZON — NOTICE OF COMMUNICATION LINE INSTALLATION IN PRECINCT #2 A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to authorize Verizon to place a temporary splice pit in the county right-of-way near the intersection of Seakist Lane and East Maxwell Ditch Road and to place buried road crossing under Seakist Lane and High Bluff. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. VERIZON Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION July 19, 2001 TO THE CONMUSSIONERS COURT OF CALHOUN COUNTY ATTENTION: COUNTY JUDGE Formal notice is hereby given that VERIZON SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in Calhoun County, Port Lavaca, Texas as follows: Location #1: Verizon will place a temporary splice pit to eliminate two Verizon pedestals near the intersection of Seakist Ln. and E. Maxwell Ditch Rd. in the Maxwell Ditch Subdv. Northwest of Port Lavaca, Tx. Location #2: Beginning at the intersection of Seakist Ln. and High Bluff Rd., northwest of Port Lavaca, Tx, Verizon Communications proposes to place a buried road crossing • under Seakist Ln. and extend buried cable westward 5' inside the south ROW of Seakist Ln. for a distance of 2,4001. At this point, Seakist Ln. turns Southward. Verizon will continue to extend buried cable another 50' in the east ROW of Seakist Ln and tie into an existing buried communications cable. All paved county roads and culverts will be bored. All cable will be placed 5' inside the applicable right-of-way. In addition all buried cable will be plowed or trenched to a minimum depth of 30". SEE ATTACHED NARRATIVE The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right- of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after AUEust 10,2001 VERIZON SOUTHWEST INCORPORATED By: d .,, eol • Eileen Humphreys Supervisor - Access De--Ajzn Address 223 N. Colorado Port Lavaca, TX 77979 M 0 LOCATION *2. VERIZON PRDPOSES TO PLf10E BURIED CABLE INSIDE THE SOUTH RDLJ OF SEA KIST RD. f75 SHOLUM MGATiO U if] REFER Tb h1ARRATWE"'x -1- 19-OI mAYw{il. O IT LH SuBrnl. _6UR1ED TE.LEPNDNE CABLE. =T1 FICATI bm scut A1TS GTE L ,M. PORT LAVAEA TX I 3POOISH ACCEPT EASEMENT FROM LANDOWNERS ALONG SEAKIST ROAD IN PRECINCT 2 A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept a ten foot right-of-way easement along Seakist road in Precinct 2 from the following landowners: Calvin and Sharon Anderele, Jack and Betty Skelton, Leonard E. and Frances M. Dreymala, Lynn and Beverly Gohlke, Duane and Nancy Pfeifer, Darrell and Amy Thigpen, Shawn Ray and Jennifer Ann Buehring, Rose Martha Reyes, Trustee for Osvaldo R. Canales, Walter C. and Joyce Gray, Jesus D. and Mercedes Falcon, Oscar and Maria A. Padron, Vencil and Selma Jedlicka and Eddie and Christine Y. Rodriguez and Commissioner Balajka be authorized to sign the acceptance on behalf of the Court. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. CI • 361 n EASEMENT AGREEMENT Date: July 22, 2001 Grantor. Calvin Anderele and Sharon Anderele Grantor's Mailing Address (including county): P.O. Box 805, Port Lavaca, Calhoun County, Texas 77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right -of --way, and means of ingress and egress for vehicular and pedestrian traffic. • Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. NO TITLE OPINION MADE BY THE DRAFTSMAN Fila * Vol Papa6g0 0069802 283 362 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. improvement and, maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said • road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6, Rights Reserved Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. g, A• i ang bility. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR - Calvin mt greemmt Page 2 NO TITLE OPINION MADE BY THE DRAFTSMAN g 00643 a 280 P8g 1 'O • 363 • CALHOUN COUNTY 1 E r sf lM Kl;t'T1YitT�'ti►tLTML-001- STATE OF TEXAS § COUNTY OF CALHOUN § This instrument was acknowledged before me on this 0 day of 2001, by CALVIN ANDERELE and wife, SHARON ANDERELE. e .,StQ WEnayMAFWH ��-14 NOTAR PUBLICINANDFOR NMI -uY�l. Halt M Il+:'+ lM conura;smn E:p esC6l10% STATE OF TEXAS STATE OF TEXAS § COUNTY OF CALHOUN § This insrrumenf was acknowledged before me on this 1"� day of UAAlRd • 2001, by QPJ IZQ on behalf of Calhoun County, Te=. U :e'r °t YIENpYMAaVtI NOTARYPUBLICINANDFOR ;(.E eouplwout.5:umteus STATE OF TEXAS '.. Rio"� ��: 3lM Ca:7fnis:ron Etp4ls MH,SuS n,ent Agreement Page 3 i NO TrILB OPINION MADE BY THE DBAPfSM F13- # Vol Pagg¢ 0069502 2B3 872 364 0.052 Acre (2246.61 Sq. Ft.) Calvin Anderele and Sharon Anderele STATE OF TEXAS 5 COUNTY OF CALHOUN 9 EXHIBIT A Part of Tract "29", Valentine Garcia Survey, A-17, Calhoun County, Texas. DESCRIPTION of a tract or parcel of )and containing 0.052 acre (2246.61 Sq. Ft.), situated in and a part of Tract "29", Valentine Garcia Survey, A-17, Calhoun Comity, Texas. Said 0.052 acre also described as being part of a 1.547 acre tract of land described in a Warranty Deed recorded in Volume 163, Pages 496.498 of the Calhoun County Official Records. This 0.052 acre is more fully described by metes and bounds as follows: BEGINNING at a 518 inch iron rod with a rent plastic cap set for comer at the point of intersection of the Northwest line of Scakist Road with the Southwest line of said Road. Said set 5/8 inch iron rod also being the East corner of the aforementioned 1.547 acre tract; THENCE, S 55" 00' 00" W, with the Northwest line of Scalrist Road, same being the Southeast line of said 1.547 acre tract, for a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for corner; THENCE, N 34" 24' 07" W, a distance of 224.66 feet to a 5/8 inch iron rod with a zed plastic cap set for corner and being in the Northwest line of the aforesaid 1.547 acre Tract "29"; THENCE, N W 00' 30" E a distance of 10.00 feet to a 5/8 inch imn rod with a red plastic cap set for comer in the Southwest lime of Seahist Road and also being the North comer of the aforementioned 1.547 acre tract; THENCE, S 34" 24' 07' E, a distance of 224.66 feet to the PLACE OF BEGINNING; CONTAINING within these metes and hounds 0.052 acre (2246.61 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in Judy 2001, and is true and correct to the best of my knowledge and belief. vs- OF 7'F / DAVID IV. GANN ............ _. REGISn-RI-D PROFESSIONAL LAND SURVEYOR DAVID •••�•••56;G' NO,3816 NOTE: 1) Bearings are based on the Recorded Deed in Volume 163, Pages 496-498. 2) Comers am as shown on accompanying survey Phil. #9317-033 NO TITLE OPINION MADE BY THE DRAFTSMAN Pile # Vol Pagge 0069502 283 873 r • • 365 • • rwaer -�r rweer -m TMCT 'fr rMa •fr rAALT v.- :MCT 'fP rMer TMLT 'fT' rMa •fs VALENTINE GARCIA SURVEY A-17 rMOr -w I rMw •r I 7wA -r I "'.r -rc I 'w -v N 53.00'S0' 9 I0.00' m' I I a TRACT ^SD• N I = I y a I i t o.oas ACAS (2246.01 Sq. FL) C�xE5' L9� I F A 0�0`' I 1 63,P RED I d I I bl N S i W zl INSET P.O.B. f0.0Oo S 55'00'00• Y INSET (N. T. S.) • DrARIAs SAf 5/r LR PLA T — O p^0GV Fnd 5/H' LR WW Fd A"lle Cfp I, DAVID W. CANS.. A REGISTERED PROFL9SIONAL LAND SURVEYOR DO NEREHY CERTD'Y THAT THE FLAT sNOWN HEREON RzppasNTs THE RESULTS Of AN ON fHE CAOUND SURVIY . 88 A4 "RSHOH611EN ION AND SUPERVISION IN NLY 2001. AND THAT LVANERS y�PS ts'r rf'�s OF DAVID I. UANN ••DAVID .. .... AAGISTEAED pAOrEss10 IAL LAND SURVEYOR NO. 3816 N BY THEODRRAM MA rw -r NOT!` 2) BE RIMS ARE BASED ON TNEI ASUORDED DEEDtTN THIS oMYiNC. 9 NO EASSNEWS WERE 10CATED OIASA THAN 7HOSE SHOWN HEREON. CALVIN ANDERELE AND SHARON ANDSRELE G & W ENGINEERS, INC. REINC 0.0$2 AC (2246.61 Sq. FL) ROAD EASENSNr IN AND PART OF TRACT -26' (1.5I7 ACRES), VALENTINE CARCIA 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA. TEXAS SURVEY. A-f7. CALNOUN COUNTY. TEXAS. DRAWN BY. O.W.D. RECONG 6G D.W.C. D" ,R1LY 02, 2001 scut. 1. a 300' AAI Na: 9317-033 gRAMG N�:9317033P 0069802 283 8 4 366 RECORDER'S MEMORAND➢1M All or parts of the text on this document was too small for satisfactory recordation. This ➢mast ha ben recrind by bis Dffin far Rsnrdfsl iota the Official 1M61ic kW&. W do herebt wr tDat re di at discbiute du to Ran, lho4 Colas Set or Worst Dribs. Filed for Record in: CalhounCounty RENEPAUL COUNTY CLERK On: Aug 07,2001 at 11:16RM Receipt Number — 26208 By, Shirley Foester epu y File # Vol Page 006 9502 283 875 i • • 367 • EASEMENT AGREEMENT Date: July 22, 2001 Grantor: Jack Skelton and Betty Skelton Grantor's Mailing Address (including county): 71 Seakist, Port Lavaca, Calhoun County, Texas 77979 Grantee•. Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10•foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. • Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to 1. conveyance and warranty, grants„ sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. NOTTTHE DRAFTS MADE BY THE DRAFTSMAN Fi is 70 VCIF i Pag Q 0069503 283 876 • • 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as maybe reasonably necessary in order to construct said road and related facilities or in order for said . road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. 8. Assignabiliri. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTORU/ ck Skelto� / e" Sk t n EasementAgreement • Page 2 N07TTLE OPIMON MADE BY THE DRAFTSMAN File * Vol Paa OO69SO3 283 E39-7 r CALHOUN COUNTY � ��i'u7►.u►u . � r STATE OF TEXAS $ COUNTY OF CALHOUN $ This instrument was acknowledged before me on this iit3 day of QAA 2 and wife, BETTY SKELT'ON'1. vv v l:: = ,hbk suit 4a Wp/il/i/t f�fl(y yt yttfNi KOUryPudK.suitO,itt:s WW w�1N! tw ^w My cmurissw Etputs MS4115 NOTARY PUBLIC IN AND FOR STATE OF TEXAS STATE OF TEXAS § COUNTY OF CALHOUN § This instrument was acknowledged before me on this day of MAGu�� • 2001, by MdWL_ 1 ba1A1VA , on behalf of Calhoun County, Texas. \s* WWyM4vjM NOTAR UBLIC IN AND FOR �onEtpk 06*. STATE OF TEXAS My tanmhSlonEtWa�.p6-05 cement greement Page 3 NO WILE OPINION MADE BY THE DRAKSMAN g 0069503 a0a P29: 370 0.046 Acre (2000.00 Sq. Ft.) Jack Shelton and Betty Skelton STATE OF TEXAS 5 COUNTY OF CALHOUN 9 EXHIBIT A Part of Tract "28", Valentine Garcia Survey, A-17, Calhoun County, Texas. DESCRIPTION of a.tract or parcel of land containing 0.046 acre (2000.00 Sq. Ft.), situated in and apart of Tract "28, Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.046 acre also described as being part of a 1.377 acre tract of land described in a Deed recorded in Volume 307, Pages 192-194 of the Calhoun County Deed Records. This 0.046 acre is more fully described by metes and bounds as follows: BEGINNING at a 518 inch iron red with a red plastic cap set for comer at the point of intersection of the Southwest line of Scakist Road with the Southeast line of the aforesaid 1.377 acre tract. Said set 5/8 inch iron rod also being the East corner of said tract; THENCE, S 550 09 30" W, with the Southeast line of said 1.377 acre tract, for a distance of 10.(j0 feet to a 5/8 inch iron rod with a red plastic cap set for corner; THENCE, N 34" 24' 07" W, a distance of 200.00 feet to a 518 inch iron rod with a red plastic cap set for corner and being in the Northwest line of the aforesaid 1.377 acre Tract "28"; THENCE, N 55" 00' 30" E a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer in the Southwest line of Seakist Road and also being the North corner of the aforemenlionctl 1.377 acre tract; THENCE, S 34° 24' OT' E, a distance of 200.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.046 acre (2000.00 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in July 2001, and is true and correct to the best of my knowledge and belief. ,tptEOF ra•'•GtSTER'S`r llI D W. GANN *: �� e4'. REGISTERED PROFESSIONAL LAND SURVEYOR D W: GANN. • P. O. 3816 NOTE: 1) Bearings are based on the Recorded Deed in Volume 307, Pages 192-194. 2) Comers am as shown on accompanying survey plat. #9317-033a NO TREE OPINION MADE BY THE DRAFCSMAN File 40 Vol Pa9 e OOGSSOM 22so SIM • • 371 VALENTINE GARCIA SURVEY A-17 r"A -r I rR Or -r I rR..Gr -r I rA -r I rR -P rRAer -r mm N 63Yl0'30` E I 10.00' TAAm -Ar I 206OW I I b O I b rRAGr -ar o I � I I y rwAm yr I I I I I D I O.OId' ACRE 1 I (SODD.DO SP• TM.) rAAm Ar t 5 ,yp I 1L6 I 1�05 0 R�Go. I rA.m m " I Jp1 • p6FQ �� rw.,mM' rr YqA L SEE INSET e I tt N :AI T LNk I • �s ��' P.O.B. qO'`p• 10.00' S 65,00'30- W INSET (N. T. S.) • protrr S.t S/S• I.A. -PLAT- O &".s Fvw. S/Ir LR WW Ad Pfart/P Cop 1. AA DO HEREBY CER7/Pr THAT THE PLAT SHOWN HdRdOM REPRESENTS THE FLS'ULTS OP AN ON THE GROUND SURYEr YAPS UNDER HY DIRECTION AND SUPERVISION IN mLr 2001. AND THAT CORNERS ARE AS SHOWN HEREON. SE OF TIC 5�P•�1STfR4gs Z�( DA 1D W GANN • • �DAYID W. GANN NO. PROIESSIONAL LAND SURVEYOR 3816ED ....q A16 a. NO T1TI.E OPINION MADE. BY THE DRAFTSMAN NOTE ! METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DR.IWINO. 3ZA ) NOAWSM�S BASED WCAON TEO OTHEHE RZD THANTHOSE RODEN HEREON. i JACK SERUM AND BETTY SKELTON G & W ENGINEERS, INC. BEING 0.048 AC. (2000.00 Sq. PT.) ROAD EASEMENT IN AND PART OF TRACT-2R" (f.377 ACRES). VALENTINE GARCIA 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS SURVEY. A-17. CALHOUN COUNTY. TEXAS. DRANK BY: "'D BY; OATI; SCALE: JOB NO.: DRAYaTG NO.: O.W.D. D.W.C. DULY 02. 2001 1" 300� 9317-0 317 iP 0069503 283 8 O 372 RECORDER'S MEMORANDUM All or parts of the text on this document was too small for satisfactory recordation. This Dxmnt hu M rexird b this lMRa for Raudig i:t: the Rffidd * -, Rmmd:. Re do hmhR s.oa Hut w do at dimidult do to Rn, 0ud, We, Ss m Aging wi% Filed for Record in: Calhoun County MARLENE PRUL COUNTY CLERK On: Aug 07,2001 at 11:16RM Receipt Number — 2620E By, Shirley Foester epu y QZ File 0 Voi gagg 0069503 283 1319T • • 373 • EASEMENT AGREEMENT Date: July 22, 2001 Grantor. Leonard E. Dreymala and Frances M. Dreymala Grantor's Mailing Address (including county): 119 Seakist, Port Lavaca, Calhoun County, Texas 77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. • This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Nonexclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. i Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants,. sells, and conveys to Grantee a blanket nonexclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successor; and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. • 2. Duration of Easement The easement shall be perpetual. 3. Exclusiveness of Easement The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. N07TME OPIMON MADE BY THE DRAFTSMAN Fila 0 Vol Pagge 0069504 203 OBO 374 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. 8. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR EasemmtAgreensent Page 2 i NO Trrt.E OPIMON MADE BY THE DRAKSMAN File # Vol Pagge 0069504 OSM _ 883 10 • • • _ 3'75 CALHOUN COUNTY Iil�i16, UT A' I�� Yil�l'.1'.iilit�ii`il( I111 n.. 11 ' r , , STATE OF TEXAS § COUNTY OF CALHOUN $ • This instrument was acknowledged before me on this 023 day of 2001, by LEONARD E. DREYMALA and wife, FRANCES1M.. DREY MALA. v[xsveuaeer (,Umg4 mWW'yV 41 runs NOTARY PUBLIC IN AND FOR •:«1a�:' MYCOmINSSiM F,�OiiCt eG•OS-0S STATE OF TEXAS STATE OF TEXAS $ COUNTY OF CALHOUN $ This instrument was acknowledged before me on this 16 day of • 2001, by 1 ��4 , on behalf of Calhoun County, Texas. NOTARYuPUBLIC IN AND FOR ": nouryWOFc wunrna '-i%`°��:,; eryeomoassgntw�esoecsas STATE OF TEXAS awe t greement Page 3 NO TTILE OPINION MADE BY THE DRAFTSMAN 0069504 283 Pm IM 376 ' EY,IIIBIT 0.046 Acre (2000.00 Sq. Ft.) Leonard E. Dreymala and Frances M. Dreymala STATE OF TEXAS S COUNTY OF CALHOUN 9 Part of Tract "27°, Valentine Garcia Survey, A-17, Calhoun County, Texas. DESCRIPTION of alract or parcel of land containing 0.046 acre (2000.00 Sq. Ft.), situated in and apart of Tract "27, Valentine Garcia Survey, A-17, Calhoun Counly,'fexas. Said 0.046 acre also described as being part of a 1.377 acre tract of land described in a Deed recorded in Volume 337, Pages 294-296 of the Calhoun County Deed Records. This 0.046 acre is more fully time hed by metes and hounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap set for corner at the point of intersection of the Southwest line of Seakist Road with the Southeast litre of the aforesaid 1.377 acre tract. Said set 5/8 inch iron rod•also being the East comer of said tract; THENCE, S 55° 00' 3(Y" W, with the Southeast line of said 1.377 acre tract, for a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer; THENCE, N 34° 24' 07" W, a distance of 200.00 feet to a 518 inch iron rod with a red plastic cap set for corner and being in the Northwest line of the aforesaid 1.377 acre Tract •27°; THENCE, N 55° 00, 30" E a distance of 10.00 feet to a 5/8 inch iron rod with a re4 plastic cap set for comer in the Southwest line of Seakist Road and also being the North cornerof the aforementioned 1.377 acre tract; THENCE, S 34° 24' OT E, a distance of 200.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and hounds 0.046 acre (2000.00 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in July 2001, and is true, and correct to the hest of my knowledge and belief. Al 6 :" NDAVIDW. GANN �r i w criNN EGIS'CERE-D PROPESSIONALIAND SURVEYOR 0. 3816 NOTE: 1) Bearings are based on the Recorded Dce(l in Volume 337, Pages 294-296. 2) Corners are as shown on accompanying survey plat. #9317-033b NO TM t: ONMON MADE i CRAFTSMAN File # Vol Raga 0069SO4 283 13M 11 377 • EXHIBIT A VALENTINE GARCIA SURVEY A-17 r"U •.< I TwAor 'T I I I ---- rFAPT �.�• ---- TMCT '/' --s< rIUCT 'IF rFAOr 'T —_—_ r<Aw -x• TMLT '.W w. r wewo—•- N 65-00•30" C 10.00' tp0.0p' rw.cr -.r I I I I y I TFADT -1T S I N A TIUCr •.i• Ft I � � I; I I I 06 I (AM. ACRE :ooD.00 sq. R.) rnAer x• �ap0 S..os I i 47 P� 29a 5 I I Q .AI'36 y 115,1 . �cDgO I v 33 R SEE INSET rRALT'1�1 . I o I o• ty..`aq, I 77 - h rwAw lo.00' II�� S bS00'JO' M INSET (N.T.S.) • D.W" SN b/t LR PLA T s 0 Otrolw PW. b/r LR V" AW ~ia MP I. DAVID W. CANN. A RWISTERCD liMMSIONAL LAND SURVEYOR DO MUM CCRTITY THAT THS PLAT SHOWN HCRWN REPAE MM 796 JWUL73 OF AN ON THS CAWAD SURVC7 ALADC UNDER AA' DIANNON AND SUPERVISION IN JULY JAW.. AND THAT CORNERS ARC AS SHOWN HSRWN. l'A - ��DAVIUVV:GANN ................... SURVEYOR rA -r N BYTHE DRRAAMMM H NOTE.• I AIMS AND SOUNDS DLSCWMCN PRSPARCD WITH THIS DRAWING JI NO�A dY6M i� WCA Z OR TH NSTXO.SS SHOWN HCAWN UVAIARD 6 DRXYNALA AND PRANCXS A!. DA"MALA G & W ENGINEERS, INC. PART OP TRACT }�� R&41. VALMINSXGARCAA"D 205 W. UVEOAK 1-361-552-4509 PORT LAVACA. TEXAS SURVXY, A—!7, CALHOUN CWNTY. XXAS. 378 RECORDER'S N OMRANDDM All or parts of the text on this document was too small for satisfactory recordation. This boost in bs noised in this fffim fR bcwssau Hhis ot muds net disablad.tdo Ito M fax, CNA 1bhR, Ss R Wood Filed for Record in: CalhounCounty RPAUL COUNTY CLERK On: Aug07,2001 at 11:1SAM Receipt Number — 26208 By, Shirley Foester epu •y File # Vol OOGSSO4 0133 P097 0 379 • EASEMENT AGREEMENT Date: July 22, 2001 Grantor. Lynn Gohlke and Beverly Gohlke Grantor's Mailing Address (including county): P.O. Box 315, Port Lavaca, Calhoun County, Texas 77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, rightof-way, and means of ingress and egress for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants,' sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. No TMX OPINION MADE BY 71Bi DRAFTSMAN File M Vol• Pa e 0069MOM 283 898 3&0 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a meat and dean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. B. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR: EawmentAgreement Page 2 NOTME oput,oA nWDE BY 10EORAFrstAAM File 0 0069SOS Vol Pagge '2.83 889 • • 381 • CALHOUN COUNTY j�il l.i J 1Ii�iiI11►110 !1; �t . STATE OF TEXAS § COUNTY OF CALHOUN This instrument was acknowledged before me on this r15 day of 2001, by LYNN GOHLKE and wife, BEVERLY GOHLKE. de• „::' 4 lt¢xDv NAav11 V�I[.SUreal iVes ., , e� 1�.:'rpLommisstonE�Gres C6OScS STATE OF TEXAS § COUNTY OF CALHOUN �(i)-6T V NOTARY PUBLIC IN AND FOR STATE OF TEXAS This instry qt as acknowledged before me on this A— day of ( A W t 2001, by 1 QW 1Qm ch o , on behalf of Calhoun County, Texas. U W,A WExaY YARVIx I Notuy PUGi. SCIto1TVa fryc=*a1 nhoesM-OW ement greement Page 3 NOTARY STATE OF TEXAS NO TITLE OPINION MADE BY THE DRAFTSMAN File 0 Vol Page 0069505 2b3 8g0 382 0.046 Acre (2000.00 Sq. Ft.) Lynn Goh16 and Beverly Gobdhe STATE OF TEXAS S COUNTY OF CALHOUN 5 EXHIBIT A Part of Tract "26", Valentine Garcia Survey, A-17, Calhoun County, Texas. DESCRIPTION of a tract or parcel of land containing 0.046 acre (2000.00 Sq. Ft.), situated in and apart of Tract "26", Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.046 acre also described as being part of a 1.377 acre tract of land described in a Deed recorded in Volume 267, Pages 580-582 of the Calhoun County Official Records. This 0.046 acre is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch tron rod found for corner at the point of intersection of the Southwest line of Sealxist Road with the Southeast line of the aforesaid 1.377 new tract. Said found 5/8 inch iron rat also being tyre East comer of said tract; THENCE, S 550 00' 30" W, with the Southeast line of said 1.377 acre tract, for a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for corner; THENCE, N 34° 24' 07" W, a distance of 200.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer and being in the Northwest line of the aforesaid 1.377 acre Tract .26'; THENCE, N 550 00' 30" E a distance of 10.00 feet to a 5/8 inch iron rod found for comer in the Southwest line of Seabist Road and also being the North comer of the aforementioned 1.377 acre tract; THENCE, S 34° 24' OTE, a distance of 200.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.046 acre (2000.00 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in July 2001, and is true and correct to the best of my knowledge and belief. D VID W. GANN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 NOTE: 1) Bearings are based on the Recorded Deed in Volume 267, Pages 580-582. 2) Carriers arc as shown on accompanying survey plat. #9317-033c NO 7I1LE OPINION MADE BY THE DRAFPSMAN 0069505 Vol Pal • • 383 BIT A VALENTINE GARCIA SURVEY A-17 rMGT -IV IL I rwFer -e- rwwer ^r r]uw -r rMC]'. ^N• rMQ]' -o I � I -_-- TMQ N 55.0013O- d 10.00, rMCT 'IT I ]00.0D• I I y I TAACT ^tD^ 8 Z of H I I y O.OIB ACRE I (moo.oO sY• nl rMer -�6 SEE INSET 4-P1W"��,s 61•e eE rMGT - �^•Deli 110, -010 I ] ,I �I $ rwtm -tr I = I I Jro.DO, 0 00 S INSET (N. T. S.) • ArWu SrC 5/B' I.R - PLA T- PDF Pod Awlb Cop 1. DFYID CANM A ADOISrdA[D PROlA5SI0NAl LAND SUAYSYOR DO HSRSDT CSRr" THAT THL PLAT SNOIN HdAdON RSPAd56NTS TNL ALSULTS OI AN ON TNd GAOUND SUMST AApt M AS pritNN 8!Ilrmewom AND SUpdAY1510N III NLY m01. AND TNAT Q]RNSRS Rpm iE OF re"` DA ID W. CANN . DAVID W: GANN, NQ !?T81ASD PROrASlONAL D SURViYOR r1 ^/^ NO THE OpIN[0N MADE gy •THE DRAFTSMAN NOT@ I MEMS AND DOONDS DESCRIPrIDN PASPAUD WITH THIS DRAV114 s) NO dASSdHIMS WAM ASAS IDCAM ON °TAD AOfr= THAN MOSS SHOIN HIMM LYNN 0091" AND MIKE Y COHr" G & yV ENGINEERS, INC. PART00P TRACT 2r (.377 °ACREWAD 1, VAIMMMS CAtiIN % AND 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS I SURVEY, A-n, CALHOUN COUNTY, sXAS. RECORDER's MEWRANDDIS All or parts of the teat on this document was too small fox satisfactory recordation. This Roemtd ha ben ratind 17 this Offio to bmiq late the tRhcid We Reeds. A de Meehf seer the we de rot diurietede do to Rot, hA Glory &e a Wood Origin Filed for Record in: Calhoun County MRRLENE PRUL COUNTY CLERK One Reeipt'NumaRNcbert 26208 By, Shirley Feaster epu y File 0 Vol Pa w 0069505 239a 8a J 385 a 01 EASEMENT AGREEMENT Date: July 22, 2001 Grantor: Duane Pfeifer and Nancy Pfeifer Grantor's Mailing Address (including county): 166 Seakist, Port Lavaca, Calhoun County, Texas77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or nor, presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. NO TrrLE OPINION MADE g BY THE DRAFTSMAN 0069506 263 P8g4 4. Seconda� n' moment• The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In n with such road and ties ( the holder of the roeasem easement shall have trelated he right atorand/or remove relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Righ Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Aindine Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. S. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR Duane Pfeifer atement greement Page 2 NO TrrLE OPIMON MADE F i l e # V o 1 Pa9 S A BY THE DRAKSMAN 0069506 SOO 9 I& E 11 387 CALHOUN COUNTY U�M.U441 i�: i STATE OF TEXAS § COUNTY OF CALHOUN § This instrument was acknowledged before me on this 30 day of 2001, by DUANE PFEIFER and wife, NANCY PFEIFER. :IY lyrt ��.nd* 3y E* w[xovrugvur srrxtouE NOTARY P LIC IN AND FOR ;��r : STATE OF TEXAS STATE OF TEXAS $ COUNTY OF CALHOUN § This instrument was acknowledged before me on this 1 day of [awn+— + 2001, by MW 1Q ei 60 ' .n , on behalf of Calhoun County, Texas. u NOTAR PUBLIC IN AND FOR urcossaarp nas-0scs STATE OF TEXAS 'cement greement Page 3 NO TITLE OPINION MADE BY THE DRAFTSMAN F i l e •• Vol Pa g e 0069006 283 8g6 RM 0,046 Acre (2000.00 Sq. Ft.) Duane Pfeifer and Nancy Pfeifer STATE OF TEXAS 5 COUNTY OF CALHOUN S EXHIBIT A Part of Tract "25", Valentine Garcia Survey, A-17, Calhoun County, Taxes. DESCRIPTION of a tract or parcel of land containing 0.046 acre (2000.00 Sq. Ft.), situated in and a part of Tract "26', Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.046 acre also described as being part of a 1.377 acre tract of land described in a Deed recorded in Volume 157, Pages 818-820 of the Calhoun County Official Records. This 0.046 acre is more fully described by metes and bounds as follows: BEGINNING at a 518 inch iron rod found for comer at the point of intersection of the Southwest line of Seakist Road with the Southeast line of the aforesaid 1.377 acre tract. Said found 5/8 inch iron rod also being the East corner of said tract; THENCE, S 55" 00' 30" W, with the Southeast line of said 1.377 acre tract, for a distance of 10.00 feet to a 518 inch iron rod with a rad plastic cap set for corner; THENCE, N 34" 24' 07" W, a distance of 200.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer and being in the Northwest line of the aforesaid 1.377 acre Tract "25"; THENCE, N W 00' 30" E a distance of 10.00 feet to a 5/8 inch iron rod found for comer in the Southwest line of Scakist Road and also being the North corner of the aforementioned 1.377 acre tract; THENCE, S 34" 24' 07" E, a distance of 200.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.046 acre (2000.00 Sq. Ft.), situated in and a part of the Valentine Garcia Sunny, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground sunny made under my direction and supervision in July 2001, and is into and correct to the best of my knowledge and belief. ^ ^ OF y.• \STp S 1 RFa.:} ` DAVID \C�. GANN — REGISTERiED PROF-SSIONAL LAND SURVEYOR DAVID W: GAIJM1 y$ NO. 3816 3bI6 NOTE: 1) Bearings are based on the Recorded Deed in Volume 157, Pages 818-820. 2) Comers are as shown on accompanying survey plat. #9317-033d NO T LE OPINION MADE BY THE DRAFTSMAN gg 0069906 283 P697 r E • • EXHIBIT A VALENTINE GARCIA SURVEY A-17 I I I r�ucr -rf- I I rJuer -Jr rJuer ^r rwAcr ^J- rNILT -Y nrwer ^rr I rwfor ^� II I 'fr JMLT I N droo•Eo- s I lo.Do' rwAcr yr I I I. I I y TRAOT ^td^ $ I N I i a I SEE INSET I I 0.040 ACRE (E000.00 SO. PL) POR�B qG- u ,g11pY. I i 4 ID Y .I le of g S n I I P.O.B. oV 10.00' s 5"o'.W r INSET (N.T.S.) • D r4ks N.1 6/8' LA -PLAT— O v-n - PM S/E• LR Nun Rod PladAe Mp L DAVID W. CANN. A RWISTIFID PAOPASSIONAL LAND SURVAYOA DO HERIET CERrl)7 THAT rHE PLAT SHOWN HEREON REPRESIMS THI RESULTS OP AN ON THE OADUND SURVEY NADI UNDER NY DIRdTION AND SUPERVISION IN JULY 300E AND THAT CORNERS AM AS SHOWN NEASOA A:..fRFO .* DA I. CANN • .... W: GANN A NO. 141� PROPfSSJONAL ND SURVIVOR DAV NOTD A(STES AND RW/NAT DESCRIWION PREPANED WITH THIS DRAIIM ),HIARINCS ARE DASID ON THE R3CDRDED DEID J) NO NASINEMS WERE IOCATID OTHIR THAN THOSE SHOWN HEREON NO TTTLE OPINION MADE BY THE DRAFTSMAN DUANE PFEIFER AND NANCY PrZIFER G & W ENGINEERS, INC. PART or rRRAcfi AW ((is77 OA U. VALdNT'TNS GARROAD ZASZMZNr CIAAND 205 W. LNEOAK 1-361-552-4509 PORT LAVACA. TEXAS SURVEY, A-17, CAIA(OUN COUNTY. TEXAS. DRAWN BY: RCCOY'0 BT: OAID SCALD JOB NO.: ORA"0 NO.: O.W.D. D.W.C. JULY 02. 2001 1" = 9317— 3 0069 506 283 939 B 390 i f 1 This Oumed less beet raeieed h this Office fe RRCORDRR' S MEMORANDUM kirdial fete the Offichl Mblic kats. W de "swe tied ee de set disnieiuh du h All or parts of the text RV, blfd� ale, See a Wood trdlie6 on this document was too Filed for Record in: sma ll for satisfactory Calhoun County yRUL recordation. COUNTY CLERK On. Aug07,2001 at 11:ISAM Receipt Number — 26208 By, Shirley Fo��esteryy 07r�2o.�i1� epu ,y File # Vol Page 0069 506 283 8g 9 n PJ a 391 • EASEMENT AGREEMENT Date: July 22, 2001 Grantor: Darrell Thigpen and Amy Thigpen Grantor's Mailing Address (including county): 200 Seakist, Port Lavaca, Calhoun County, Texas77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10•foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. • Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the rune or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. No TTHEE OPINION tRAAFrs A E File iF V o 1 Pa; e 0069507 003 900 392 4. Secon&a Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. S. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR. Qal . Darrell Thigpen basementAgreement Page 2 N07TME OPINION MADE BY 7HE DRAFPSMAN File # 283 Page 0069507 961 r E • 393 • • CALHOUN COUNTY STATE OF TEXAS $ COUNTY OF CALHOUN This instrument was acknowledged before me on this o 3 day of `A 2001, by DARRELL THIGPEN and wife, AMY THI fG IPOE/(N. v A. Yip y, YV'w. '�M ,.lN/vN.�'•� p/. WExaYMARM la' f xaur v yk.su e e rvn NOTARY 1VUBLIC IN AND FOR ;,fig j``••: rar tmmWSUM Ex°+t$Me as STATE OF TEXAS STATE OF TEXAS $ COUNTY OF CALHOUN This instrument was acknowledged before me on this qt� day of Owwrat 2001, bymICI 0J WAU , on behalf of Calhoun County, Texas. jr ; wExoreuxwx t ) xaxy PuNk.SGnatws a,,�ie�1. �� M/CawrisshnE�4es0Ea6-05 ment Agreement Page 3 N ByTHEOPINION MADE AMMAN ��' fiYN7.l.1'VhJ NOTARY PUBLIC IN AND FOR STATE OF TEXAS File 0 Vol Pa OOSSS07 283 .389 394 0.046 Acre (2000.00 Sq. Ft.) Part of Tract "24", Valentine Darrell G. Thigpen and Amy N. Thigpen Garcia Survey, A-17, Calho n County, Texas. STATE OF TEXAS 5 EXHIBIT A COUNTY OF CALHOUN 5 DESCRIPTION of a tract or parcel of land containing 0.046 acre (2000.00 Sq. Ft.), situated En and a part of Tract "24", Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.046 acre also described as being part of a 1.377 acro tract of land described in a Deed recorded in Volume 209, Pages 126-129 of the Calhoun County Official Records. This 0.046 acre is more fully described by metes and bounds as follows: BEGINNING at a 518 inch imn rod found for comer at Elie point of intersection of the Southwest line of Seabist Road with the Southeast line of the aforesaid 1.377 acre tract. Said found 5/8 inch iron rod also being the East corner of said tract; THENCE, S W 00' 30" W, with the Southeast line of said 1.377 acre tract, for a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for corner; THENCE, N 340 24' 07' %V, a distance of 200.00 feet to a 518 inch iron rod with a red plastic cap set for comer and being in the Northwest line of Elie aforesaid 1.377 acre Tract "24"; T1IENCE, N 55" 00' 30" E a distance of 10.00 feet to a 518 inch iron rod found for comer in the Southwest line of Scakist Road and also being the North comer of the aforementioned 1.377 acre tract; THENCE, S 34° 24' 07" E, a distamx of 200.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and hounds 0.046 acre (2000.00 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in July 2001, and is true and correct to the best of my knowledge and belief. AVID W GANN REGISTERED PROFESSIONAL I -AND SURVEYOR NO.3816 NOTE: 1) Bearings are based on the Reconled Deed in Volume 209, Pages 126-129• 2) Comers are as shown on accompanying survey plat. #9317-033c NO 717LE OPINION MADE BY THE DRAFTSMAN File 0 Vol Pa e 0069S07 ass 989 • • 395 VALENTINE GARCIA SURVEY I A-17 I s TA4R ^/r I I I TI4CT ^A- I TAAGT -J' TAICr ^!• TNLT ^M' TI/ACT -T rw.aT-- rwAcr ^Ar- I TNACY -er N S5'00•30- d 0.046 ACRE (8000.00 sq. PL) J s asroIo•so0'30 - • INSET (N. T. S.) • D`We4/ Sd e/: LR —PLAT— W" RAd ReeHs Cap I. DAVID W. GANR A AWISTSMV PROTLSSIONAL LAND SURYDYOR DO HLRLBY OLRfIPT THAT THL PLAT SHOWN HEREON %➢RESENTS TNL RAULTS Of AN ON THE ORMAW SURYRY HAOL UNDER AIT DIRICNON AND SUPLRYisION /N Juir M01. AND TWAT OORNd% ARE AS SHOWN HLRLOIL OF r — y .F'/GtSTf J, DAYID W. DANN • • •OAVID W.'G 1V RLCISTd%D PAO/dSSIONAL ND SURVEYOR R0 eefe ...•:"„ 3816•v�: NO TTTI.E OPINION MADE BY THE DRAPTSAUN NOTR rl 09AM AND BW/NAS DISC rM A MED D WITH TNIS DRA►INC. 3 NO ZA CS NT BASdD DC TNd OTHER T DLLA 3 NO dASlXLMS W!% LOCATdD OTHER THAN THOSE SHOWN NLRdON. DARRSLL C. 7111OPM APNCDJ AXr N. TN/CPXN G & W ENGINEERS, INC. 1111 O0. TRACP ZOOO.00 S A(It) ROAD O A ZASZAfNTINS C ,Il AND PAR205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS SURYXT. A-17. CALMN COUNTY. TEXAS. DRAM BY: nfo BW OAK: SCALC: f NO.: DRAWING NO.: O.W.D. D.W.G. JULY 02. 2001 1- = 300' 9317-033 9317033P 396 RECORDER'S I4EMORANDUM All or parts of the text on this document was too small for satisfactory recordation. This Oumed is b m mind by Ibis Offim fa Remsdiq his the Official Public bolds. Re do b"4 swu that w do nd discridsde do to In, Oeed, f41w, Sn n Ratind D ilil Filed for Record in: Calhoun County MRRLENE PAUL COUNTY CLERK On: Aug 07,2001 at 11:16RM Receipt Number — 2620E By, Shirley Foester Deputy 0069507 ;eJE33 P9o5 0 • 3,7 7 • EASEMENT AGREEMENT Date: July 22, 2001 Grantor: Shawn Ray Buehring and wife, Jennifer Ann Buehring Grantor's Mailing Address (including county): 250 Seakist, Port Lavaca, Calhoun County, Texas77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A ID -foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants,. sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever, Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement. 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement, The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. No TITLE OPINION MADE EY THE DRAMMAN File * Vol, Pa OO69SO8 283 996e 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. S. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR: ement greement Page 2 NO 7TnX OPINION MADE BY'nM DRAFTSMAN File # Vol Pa e OOGSSOS 2933 S97 r • r, 11 399 U Y GRANTEE: CALHOUN COUNTY 1 (� fPi�lT1'R�T ►J111'i�iil�lcl ,. � STATE OF TEXAS $ COUNTY OF CALHOUN § This instrument was acknowledged 2001, by SHAWN RAY BUEHRING AND �J ^l'ts wtxrnwaYix g xotuY Poek.N+umtera „yS °'1�, � sp eaaunissron E+W es Mro6cs STATE OF TEXAS $ COUNTY OF CALHOUN $ before me on this -20 1 day of WIFE, JENNIFER ANN BUEHMNG. Lunctu W NOTARYVUBLIC IN AND FOR STATE OF TEXAS This instrument was acknowledged before me on this I$ day of 4 4—t 2001, byml P.I Wo on behalf of Calhoun County, Texas. YhxUYAWMx NOTAR PUBLIC IN AND FOR :as�k: xmpvwcuesueatnn -:,llri ewasstroo-esao-ascs STATE OF TEXAS Easement Agreement Page 3 NOTTTLE OPINION MAD$ BY THE DRAFTSMAN File * Vol Pagge 0069508 283 .3 si 400 EXHIBIT A 0.046 Acre (2000.00 Sq. Ft.) Shawn Ray Buehring and Jennifer Ann Buchring STATE OF TEXAS 6 COUNTY OF CALHOUN S Part of Tract "23", Valentine Garcia Survey, A-17, Calhoun County, Texas. DESCRIPTION of a tmct or parcel of land containing 0.046 acre (2000.00 Sq. Ft.), situated in anti a part of Tract "23", Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.046 acre also described as being part of a 1.377 acre tract of land described in a Deed recorded in Volume 174, Pages 528-530 of the Calhoun County Official Records. This 0.046 acre is more fully described by metes and hounds as follows: BEGINNING at a 5/8 inch iron rod found fur corner at the point of intersection of the Southwest line of Seakist Road with the Southeast line of the aforesaid 1.377 acre tract. Said found 5/8 inch iron rod also being the East comer of said tract; THENCE, S 55" 09 30 V, with the Southeast line of said 1.377 acre tract, for a distance of 10.00 feet to a 518 inch iron rod with a red plastic cap set for comer; THENCE, N 34" 24' 07" W, a distance of 200.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer anti being in the Northwest line of the aforesaid 1.377 acre Tract "23"; THENCE, N 55" MY WE a distance of 10.00 feet ton 5/8 inch iron roll found for comer in the Southwest line of Scakist Road and also being the North comer of the aforementioned 1.377 acre tract which is also the North corner of a 1.00 acre tract of land described in a Gift Deed recorded in Volume 232, Pages 142-144 of the Calhoun County Official Records; THENCE, S 34" 24' 07" 13, a distance of 200.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and hounds 0.046 acre (2000.00 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Taxes. The foregoing DESCRIPTION was prepared from all actual on the ground survey made under my direction and supervision in July 2001, and is true and correct to the best of my knowledge and belief. �AtETFy js7 ��1 _. fRFo9 D VID W. GANN ...... .......... : REGISTERED PROFESSIONAL LAND SURVEYOR DAVID W: GANN ..... ............. NO.3816 •? 3816 a: NOTE: 1) Bearings are based on the Recorded Deed in Volume 174, Pages 528-530. 2) Comers am as shown on accompanying survey plat. #9317-0331 N BY TTHHE DRRAON g AFI SMAN File * Vol Page 000S508 283 9O9 • • a � 1 • • VALENTINE GARCIA SURVEY A-17 I rM -W rMer -�r rMer -r rMw -r rMei -r rMJ.r -Je- ll TMLT, -Jr' �Pyu� M 66roD'Ra- s SEE INSET 1 • cS his I TRACT 'A'J" CA p I b C< I 4N L I J< I I VO TlLPG U/OEM i 1// 1 OMOAL RECORDS I 0.046 ACRC I (J00D.00 sq. 1k) 1 •«• I I 0 E 1 1 I m 1 _Q�26'ysp � J�,pfPU o 1 g I o �I nl I 1 I 10.00' S 550030- / INSET (N.T.S.) • Dunelw S't 6/6' LA - PLA T - O DmW /f:G 6/P Lit ►MA P d RJtlte Cop �t ts'rTFx'fs .. DA D N. GANN.GANN NAO mrRSStoNA LAND SURY6YOR ...... NO. $8 .$81 rJJueT -r I I ; I N07M20PINTONMAN BY THE DRAFTSMAN NOT& 1) MMS AND BOUNDS DCSCR1p71ON PRSPARSO NITH THIS DMWINC. Y) BRAJUACS ARC BASSO ON TNS R=JWSD DdSD 6 NO EASEMENTS NEWS IOCATRD OTHER THAN TMOSS SHOWN NRAYOA SHAMN RAY DUEHR/AC AND MWI FER ANN MENRINC G & W ENGINEERS, INC. BPA/Rr OF TAACCFF (PJ'0 (1.377 ACAMS)). VALSM)NS CGAACIAAND 205 W. LIVEOAK 1-361-552-4509 PORT IAVACA, TEXAS SURVEY. A-17. CALHOUN COUNTY, TEXAS DRAM BY: RECON'D BY: DATE: SCALE: JOB NO.: DIIA.. NO.: ' O.W.D. D.W.C. JULY 02. 2007 1• = OD' 9317- ooE.9508 283 4310 mim 402 RECORDER'S XWDRANDUH All or parts of the text on this document was too small for satisfactory recordation. n This %wot le km raised h this Office fc diet; id the Officill Peptic durNc W do Mrebf seen IM r de nt diwistoate do to Pal bad, coi r, sn or Mdissal Orllis Filed for Record in: Calhoun County MARLENE PAUL COUNTY CLERK on: Aug 07,2001 at 11:16AM Receipt Number — 26208 By, Shirley Foester epu y File # Vol Pa e 0069508 2E30 911 fy • C • 403 C] • EASEMENT AGREEMENT Date: July 22, 2001 Grantor. Rosa Martha Reyes, trustee for Osvaldo R. Canales Grantor's Mailing Address (including county): 1510 E. Red River, Victoria, Vittoria County, Texas 77901 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10•foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants; sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. NO TITLE OPINION MADE EY THE DRAFTSMAN F i l e # V o l PMg a 0069509 213a 912 go 4. SecondM Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved. Grantor reserves for Grantor and Grantors heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. 8. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. TOR. Rosa Vfaa Re trustee for Osvald Canales r greement Page 2 No Trn E OPINION MADE BY TEE DRAFTSMAN File 0 Vol Page 0069509 083 .3 14 • • • i 405 • GRANTEE: CALHOUN COUNTY By: Name: Q Q Q Q Title: MMISSioner PdAa STATE OF TEXAS § COUNTY OF CALHOUN This instrument was acknowledged before me on this day of" 2001, by Rosa Martha Reyes, trustee for Osvaldo IL Canales. v Q ��'Vr DYMARPIa , i I;elp pumk,Spf: ultdn y 7 Mr Ca:uniiiiun ExpiiK0a115-0i STATE OF TEXAS § COUNTY OF CALHOUN tMX md,U : 1 r aAAj. � NOTARY FWBLIC IN AND FOR STATE OF TEXAS T1�i,� instru en' was acknowledged before me on this I ! nday of LLS+ 2001, by 111�Ci1QQ� 0 , on behalf of Calhoun County, Te=. riesuiuARM ��(Tj NDfyY �k.Sge olTws •.;;Aa�� WrAeankslwFAWaOfi-CM asement greement Page 3 NO TITLE OPINION MADE BY THE DRAFTSMAN Ww i th rlvw�y NOTARY PUBLIC IN AND FOR STATE OF TEXAS 0069SO9 e&3 P994 406 ., EYh&t A F d 0.046 Acre (2000.00 Sq. Ft.) Part of Tract "22, Valentine Rosa Martha Reyes Garcia Survey, A-17, Calhoun County, Texas. STATE OF TEXAS S COUNTY OF CALHOUN S DESCRIPTION of a tract or parcel of land containing 0.046 acre (2000.00 Sq. Ft.), situated in and a part of Tract "22", Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.046 acre also described as being part of a 1.377 acre tract of land described in a Deed recorded in Volume 350, Pages 605-608 of the Calhoun County Dectl Records. This 0.046 acre is mom fully described by metes and hounds as follows: BEGINNING at a 518 inch iron roll found for corner at the point of intersection of the Southwest line of Seahist Road with the Southeast Pure of the aforesaid 1.377 acre tract. Said found 6/8 inch iron rod also being the•East carrier of said tract; THENCE, S W 09 30" W, with the Southeast line of said 1.377 acre tract, for a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer; THENCE, N 340 24' 07" W, a distance of 200.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer and being in the Northwest line of the aforesaid 1.377 acre Tract -27; THENCE, N 550 00' 30" E a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer in the Southwest line of Scakist Road and also being the North comer of the aforementioned 1.377 acre tract; Ti IGNCIi, S 34" 24' 07" F, a distance of 200.00 feet hi the PI-ACI" OF BEGINNING; CONTAINING within these metes and hounds 0.046 acre (2000.00 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in July 2001, anti is trim and correct to the best of my knowledge and belief. OF TF,� •G\SiE•R•. S UAVIll W. GANN „• REGIST13REDPROFESSIONAL LAND SURVEYOR DAVID •%o_... ....... GNO. 3816 .. '�3816 ate: NOTE: 1) Bearings are hosed on the Recorded Deed in Volume 350, Pages 605-608. 2) Comers are as shown on accompanying survey plat. #9317-033g NO TITLE OPINION MADE EY THE DRAFrsMAN File # Vol Page 0069509 283 9g5 e C • E 407 VALENTINE GARCIA SURVEY A-17 I I J ru -m rJucr -Ar rower ^r rMCr -r rJYCT -N' rower -Ar rwww •.. rs I TAALT -I INSET � H Sb'00'90- 8 0.0449 ACRE (MM." Sy. TL) P.O.B. 10.00' S SS'00'30' INSET (N.T.S.) • pM.ls tl b/b- AR -PLAT - �•�•• ^� b�E' LR IW Rd H.16. c p 1. DAVID N. CANN. A RECISTERlD AwraS/ONAL LAND SURYlYOR DO ArAxw ClRTIPY THAT TH8 PLAT SMYN NZR80N REPRESENTS THt RESULTS OF AN ON TH8 GRWND SURVLY NADS UNDER NT DIRELTION AND SUPERVISION IN JIILY W01. AND THAT CORNERS ARE AS SHOWN NERWN. �Pls �F'Tf49 5 � DAVID W: GANN DA JD ►. DANN RLCISTIRSD PROItSSIONAL LIND SURVLYOR ..' A...3616 �' Na bib �'9 FFSS��pQ" O SUR`1�' N011TI.E OPINION MADE BY THE DRAFTSMAN NOTE: 1) NbTSS AND NWNOS D=R)PTION PREPARED ►ITH THIS OR.AWIM t D"RIMS AM SAM ON ME RTCORDBD DZZA b NO A'ASENlNTS YERE LOCATED OTNBR THAN 7WO.TE SIIOIN HEREON. ROSA NARTRA )WAS G & 1N ENGINEERS, INC. BRIM 0.046 AL: (2000.00 S•. It) ROAD WZMAW IN AND PART Or TRACT -Zr 1.577 ACRES). VALIWIMS CAACIA 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS SURYSY. A-17. CALWO N COUNTY. 76YAS , DRAW BY: RECOY'O BM DAIC: SCAIL: JOB NO.: DRAMTAD N O.W.D. D.W.C. JULY 02. 2001 1- 46 9317- pulzoup 0069509 283 9 6 C� Als 6xmed M1s bW renhed by this Slfio fa CDRD , S 1+)$lURA2iDUM Rnt s lse the Official disai hated. a de • M1oca sea o U e fi al dowic hoe doe to ite, N14 Gla, Sec a blind o-ilia All or parts of the text Filed for Record in: on this document vas too Calhoun County small for satisfactory MARLENE PPUL recordation. COUNTY CLERK on: Aug07,2001 at 11:16RM Receipt Number - 26208 By, Shirley Foester i epu y 01 File 0 Vol Pagge 006 9 SO9 283 9 3 7 r • 0 • EASEMENT AGREEMENT Date: July 22, 2001 Grantor: Walter C. Gray and Joyce Gray Grantor's Mailing Address (including county): 51 Seakist, Port Lavaca, Calhoun County, Texas77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10•foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket noa-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. No TITLE opimm MADE BY THE DRAFTSMAN FYla * Vol Pa998 a 0069510 283 • 410 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenanceimprovement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. g, Assfrmabilfty. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR- Walter4 C Gray Easement Agreement Page 2 N07TME OPINION MADE BY THE DRAFTSMAN File # Vol Page 0069510 283 939 e • • 411 J CALHOUN COUNTY BY: Name: ( � �— Title: erhl1a STATE OF TEXAS § COUNTY OF CALHOUN $ ^^ aa This instrument was acknowledged before me on this IXJ day of 2001, by WALTER C. GRAY and wife, JOYCE GRAY. y� /�� } �/ ++.:�"'•}^VItNpY M.1RVIN WP-Qd I� ' • "'•'^^'� u ;1 = rauorauc.SUNaIRns NOTARYP LICINANDFOR dear CmmssWE.WISmislls STATE OF TEXAS STATE OF TEXAS $ COUNTY OF CALHOUN T1s fn_st{umgnt was acknowledged before me on this"�'" day of 2001, by I I1�lX1UU �111 Q , on behalf of Calhoun County, Texas. NOTAR UBLI�IN AND FOR ('��"'k; wtNuvsuaYw 11-�,+nAack9mmRm STATE OF TEXAS ement greement Page 3 NO TITLE OPINION MADE BYTHEDRAFMMAN g 0069510 283 P9g0 412 EXHIBIT A 0.133 Acre (5798A7 Sq. Ft.) Walter C. Gray and Joyce Gray STATE OF TEXAS 9 COUNTY OF CALHOUN 5 Part of Tract "J" & "K Valentine Garcia Survey, A-17, Calhoun County, Texas. DESCRIPTION of a tract or parcel of land containing 0.133 acre (5798.47 Sq. Ft.), situated in and apart of Tract "J" & "K", Valentine Gamin Suvey, A-17, Calhoun County, Texas. Said 0.133 acre also described as being part of a 3.583 acre tract and a 3.500 acre tract of land described in a Deed recorded in Volume 306, Pages 511-515 of the Calhoun County Deed Records. This 0.133 acre is more fully described by metes and bounds as follows: BEGINNING at a 1-1/2 inch iron pipe found for comer at the point of intersection of the Northwest line of Seakist Road with the Northeast line of an existing 60 foot wide County Road. Said found 1-1/2 inch iron pipe bears N 55° 30' 38" E, 33.00 feet from the South comer of the aforementioned 3.583 acre tract; THENCE, N 34" 34' 07" W, with the Northeast line of said 60 foot wide County Road for a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for corner; THENCE, N 55" 39 38" E, a distance of 579.85 feet to a 518 inch iron rod with a red plastic cap set for toner and being in the Northeast line of the aforesaid 3.500 acre Tract "J THENCE, S 34" 29' 22" E a distance of 10.00 feet to a 1-1/2 inch iron pipe found for comer in the Northwest lime of Seakist Road and also being the East comer of the aforementioned 3.500 acre tract; TH ENCE, S 5J 3(Y38" %V, a distanee of 579.84 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.133 acre (5798.47 Sq. Ft.), situated in and a part of the Valentino Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction anti supervision in July 2001, and is true and correct to the best of my knowledge and belief. nW.'GANN * DAVID W. GANNN ' . REGISTERED PROFESSIONAL LAND SURVEYOR .. NO.3816 NOTEr 1) Bearings am based on the Recorded Deed in Volume 306, Pages 511-515. 2) Corners are as shown on accompanying survey plat. #9317-033h NO TITLE OPINION MADE BY THE DRAFTSMAN File # Vol Pagge 0069510 263 921 • 413 EXHIBIT A . VALENTINE GARCIA SURVEY A-17 I / I rwacr -tr I I rAAer -A• I rw.er v .,,is rMcr ^l- r1uCr -N' rAAar `O ODO rwAer r SEE INSET I � P�yhS n,,,er •,r j I I B 5' 4�05 I I rAucr ••Jr F Q�008 rAucr "' rAAer -,.- I I 503D� 30��0 N O10.00, / ______ fO.0o' I ro.oO' Hoer •,r I I N SS•SO'Sr C SY8.85'� II -- __ ________ (67".4 sq. t.) T1YCf -Y A,IA PI. .I T.rr C (ATDO.,T $O. If.) I Pli I I INSET (N.T.S.) -,r • DY 11, sd S/r LR - PLA T- OR"'"" F" 1-1/r Lr. ID. A" Rwtt, HCoy 'WA l OANR A ACOISTERW PROfAS$'ON4L LAND SURWOR DO HEREBY CERTIFY YAW X AYSD AWT ON µD SODLRYI ONl10 JNLY mO! AND THAT COMEW SOAYET ARE AS S/PoIN RAMON •Ip,SE �F T�y 5 .GISTF•�`7.T �gF6.* , ••• WWlD 1Rt0 YAOlESSIONA4 LAND SORYWOR • DAVID...,GANN NO. We •A,P ......... o'oESS �SURV�� i ��)) NOTE A) Bl RI� AM NASED�ON TN 10 RDd0 Dian N 7NlS DRA//AG. S) NO EASENENS /ERE LOCATED OTJIER THAN TAIOSE SNO/N NEAWN ! G & W ENGINEERS, INC. • 205 W. LNEOAK 1-361-552-4509 PORT LAVACA. TEXAS ORA" Or. O.W.D. RCCOWD BY: D.W.C. OAIE: AJLY 02, 2001 s NIDBYTnLrs THE DRAFTSMAN IALTXR C CRAY AND JOYCE GRAY RXIRC 0.13E AC TRACT•578E.47 Sg JIL ROAD fASENINI IN AND PART OCAM A SURVEY{ A-17. -Jr((ALLODN99660WXff. rXXAS. 414 RECORDER'S M MORANDUM All or parts of the text on this document was too small for satisfactory recordation. 415 This Dwant hs hen rerrind bh this SRie if hm�dhtssneinto te i do ad didal srided do to de Pa, Geed, Gtn, See 9IYUssd Ririe. Filed for Record in: Calhoun MARLtc ENEPAUL COUNTY CLERK On-. Receipt' Numberat 26208AM By, Shirley Foester epu •y PI10 * Vol Pa e 006 95 i 0 a0a 9 93 • • 0 EASEMENT AGREEMENT Date: July 22, 2001 Grantor. Jesus D. Falcon and Mercedes Falcon Grantor's Mailing Address (including county): 234 Tommy Dr., Port Lavaca, Calhoun County, Texas 77979 Granter. Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakisc Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose. Non-exclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket non-exclusive i easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. No 7 MEPINIONMADE THE O RAFFSMAN File # V o l Page 0069511 264 1 416 4. Secondary Easement The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution Of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective hews, executors, representatives, successors and assigns where permitted by this Agreement. S. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR. - us D. Falcon MrcedesFalcon � Easement Agreement Page 2 No B BY THE DRAFTSMAN File 0 Vol Page 0069511 284 2 • • 411 • • CALHOUN COUNTY STATE OF TEXAS § COUNTY OF CALHOUN This instrument was acknowledged before me on this aJ day of 9p , 2001, by JESUS D. FALCON and wife, MERCEDES FALCON. 4 0 ei s WFNaY %IN _•{!�'t:ni XYur W]I't 5a!ld fni, 4.,�a",OI far Cu�ImaSunErtiletCH15`NS STATE OF TEXAS § COUNTY OF CALHOUN (1 Omdua YYIAa,u ru NOTARY IYUBLIC IN AND FOR STATE OF TEXAS This instrument was acknowledged before me on this 1_' day of 01W K+ , 2001, by@1CIlQd bgAJ1A , on behalf of Calhoun County, Texas. ge�"§- XounWOMY wvk.smemtna °q ,ter shtuamisshXtro+a0S05-05 ;a ent page 3 �1 uMh ��U•� NOTARY UBLIC IN AND FOR STATE OF TEXAS NO 7TrLE OPINION MADE BY THE DRAFTSMAN File # Vol Page r 0069511 284 a m 0.070 Acre (3049.20 Sq. Ft.) Part of Tract "I", Valentine Jesus D. Falcon and Mercedes Falcon Garcia Survey, A-17, Calhoun County, Texas. EXHIBIT A STATE OF TEXAS 5 COUNTY OF CALHOUN Q DESCRIPTION of a tract nr parcel of land containing 0.070 acre (3049.20 Sq. Ft.), situates) in and a put of Tract "I", Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.070 acre also described as being part of a 3.500 acre tract of land described in a Deed recorded in Volume 395, Pages 632-634 of the Calhoun County Deed Records. This 0.070 acre is more fully described by metes and bounds as follows: BEGINNING at a 1-1/2 inch iron pipe found for comer at the point of intersection of the Northwest line of Seahist Road with the Southwest line of the aforesaid 3.500 acre tract. Said found 1-1/2 inch iron pipe also being the South comer of said tract; THENCE, N 34" 29' 22" W, with the Southwest line of said 3.600 acre tract, fora distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer; THENCE, N 55" 30' 38" E, a distance of 304.92 feet to a 5/8 inch iron rod with C red plastic cap set for comer and being in the Northeast line of the aforesaid 3.500 acre Tract ..I,,. THENCE-, S 340 29' 22" E a distance of 10.00 feet to a 5/8 inch iron rod found for comer in the Northwest line of Scahist Road and also being the East corner of the aforeMentioned 3.500 acre tract; THENCE, S 55" 39 WNW, a distance of 304.92 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.070 acre (3049.20 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in July 2001, and is true and correct to the best of my bnowledge and belief. DAVID W. GANN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 NOTE: 1) Bearings are based on the Recorded Deed in Volume 395, Pages 632-634. 2) Comers are as shown on accompanying survey plat. NO Tt'ILE OPINION MADE #9317-033i EY TAE DRAFT5MAN 1=13e * Vol Page ooseni1 2P�4 4 • r, L • 419 rw I VALENTINE GARCIA SURVEY A-17 bnd+✓11.1 I I I I rwAer -+r I rwAOr -r I y� rw cr v I rMcr -R• 1 rw , 1a_,,o�s gy� rwwer -r yMPe4Ip- r`�s0�.s` '��yps Sa o rRwcr -r• GR�;2 63N rAwcr -r' 3� 0 a.�60it TRACT` -A- �'• q_'xP.0.9 5 jon'Ar Ef0.00' I000' --- 3 SS30'9T W 101. 0.070 ACRE (3049.K S. R.) INSET (N. T. S.) • bmM S11 S/S' LA -PLAT- 0D.W.r I* I-l/• I.P. W" Ad AOMb COP ODm os F d S/Q' L A L DAVID Ir. CANE A ANISTSACD PAOFZWI0NA1, LAND SURUMA DO MEREST CSAftFY YACS UNAVPLAT IMF DIR6F ONAN SUMAAVIS N IJW �U�f OAND THAT CORN ND SURVd AAA AS SHOWN ASASON 5tP'GjSTFf'�S` / /_ • . • DAY D S. CANN DAVIO .. GANN RICISTCACD PAOFEp3lO�LAND SUAVEYOA ..:gA..3816..p:.. Na Jels UR`%F'�O4 Ng OPINION MADE RAFPSMAN AOTC J1 A== AND WORM ACWNPFION PRCPAASD WITH THIS DAAWINC. 1 2"Wl AAC AUND ON TRC ARVADCD DCCD S S AO SAIOI MI RAC LWATSD OTACR THAN THWZ SHOWN HSR10N. JESUS A FALCON AND NERCEDES FALCON G & W ENGINEERS, INC. BEING 0.070 AC. (3049.20 57. PI.) ROAD EASEMENT IN AND PARE OF TRACT '1- /J.S00 ACRCS)• VALENTINE GANCIA 205 W. UVEOAK 1-361-552-4509 PORT LAVACA. TEXAS SURVEY. A -IT. CAIRO N COUNTY. TEXAS. wurA or, O.W.D. Alc Dr. D.W.G. DAw JULY 02. 2001 SCAM1' O' J0B xav 9317-0 D"""'xc xD.°9317033P 0069511 084 5 a 420 RECORDER.' S MEMORANDUM All or parts of the text on this document was too small for satisfactory recordation. This kwl his ten mind by this Offin fw bmdiq We the Offidd 7'Dlu dnvds ik 6 Wf sw the ee 6 at dherbMt due to W, 0* C11r, 51e R Wieeel ailiL Filed for Record in: Calhoun County MARLENE PRUL COUNTY CLERK On: Aug07,2001 at 11:16RM Receipt Number — 26208 By, Shirley Foester epu y F11e * Vol Page 00695 1 1 a84 6 0 • 421 • EASEMENT AGREEMENT Date: July 22, 2001 Grantor. Oscar Padron and Maria A. Padron Grantoi s Mailing Address (including county): 528 Seakist, Port Lavaca, Calhoun County, Texas 77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10•foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Nonexclusive roadway, right-of-way, and means of ingress and egress for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. NO TALE OPINION MADE BY THE DRAFTSMAN File * Vol Page 0069512 284 7 .a 422 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. b. Rights Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. 8. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTdR: scar Padron Mari A. Padron I ement greement Page 2 NO THE OPINrON MADE BY THE DRAFfsMAN File # Voi Page 0069512 284 8 • 0 • i 423 CALHOUN COUNTY lllTi�T.7�:'iVel!; i 1 1>t�nUlifiJli, ;15W STATE OF TEXAS $ COUNTY OF CALHOUN $ This instrument was acknowledged before me on this &3 day of , 2001, by OSCAR PADRON and wife, MARIA A. PADRON. iaJondu YYIa►u�,vty NOTARY PUBLIC IN AND FOR i�� .ntnrwrt.swtmut:t gcvmW$%WE*0owsos STATE OF TEXAS STATE OF TEXAS $ COUNTY OF CALHOUN $ This instrument was acknowledged before me on this 1' day of 2001, byih� {VIPI[�kA , on behalf of Calhoun County, Texas. •�jV �yN ��.• �o'k�l WEMOV MtitVIN � t NYIily Pu04L$7t0Ipi5 .W:,{ Yp W mntittbn tapuH W {i-0S pagerpzer Agreement �W* m ulyi NOTARY PUBLIC IN AND FOR STATE OF TEXAS NO WILE OPINION MADE BY THE DRAFTSMAN F12a # Vol Page e 0069812 284 9 424 0.070 Acre (3049.20 Sq. Ft.) Oscar Padron and Maria A. Padron STATE OF TEXAS 8 COUNTY OF CALFIOUN 5 EXHIBIT A Part of Tract "H", Valentine Garcia Survey, A-17, Calhoun County, Taxes. DESCRIPTION of a tract or parcel of land containing 0.070 acre (3049.20 Sq. Ft.), situated in and a part of Tract "H", Valentine Garcia Sunny, A-17, Calhoun County, Texas. Said 0.070 acre also described as being part of a 3.500 acre tract of land described in a Deed recorded in Volume 401, Pages 607-609 of the Calhoun County Deed Records. This 0.070 acre is more fully described by metes anti bounds as follows: BEGINNING at a 5/8 inch iron rod found for corner at the point of intersection of the Northwest line of Seabist Road with the Southwest line of the aforesaid 3.500 acre tract. Said found 5/8 inch iron rod also being the South corner of said tract; TH ENCE, N 34" 29' 22" W, with the southwest line of said 3.500 acre tract, for a distance of 10.00 feet to a 518 inch iron rod with a red plastic cap set for comer; THENCE, N 55" 30' 38" E, a distance of 304.92 feet to a 5/8 inch iron rod with a red plastic cap set for comer and being in the Northeast line of the aforesaid 3.500 acre Tract "1-I' THENCE, S 34" 292T E a distance of 10.00 feat to a 618 inch iron rod found for comer in the Northwest line of Seabist Road anti also being the East comer of the aforementioned 3.500 acre tract; THENCE, S 55" 30' 38" W, a distance of 304.92 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.070 acre (3049.20 Sq. Ft.). situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in Judy 2001, and is true and correct to the best of my lrnowleage and belief. y�AtE S-Tffx9s D VID W. GANN REGISTERED PROFESSIONAL LAN SURVEYOR 6AVID W: GANN NO. 3816 .............. A_ M6 a: NOTE: 1) Bearings are based on the Recorded Deed in Volume 401, Pages 607-609. 2) Comers arc as shown on accompanying survey plat. #9317-033) NO THLE OPINION MADE BY THE DRAFTSMAN File 0 'Vol Pagge 0069S12 ;384 SO • i is 425 0 EX HIBITA VALENTINE GARCIA SURVEY A-17 rAYEJ• -Ir I TA AL -J -J- rAAcr v rAuer -Jr rAucr v I - SEE INSET rRwm ••Jr Ga�51'600 6 0 0 O. R0`' pU rRAcr -o- 0 qu- o r2912r V S 3I•Y9'2r 10.00' I '0 00• N ES'30.3r I — — 304.9A2' — ------ ----------- — aP.O.B. S SS90.3r • 30J.9Y' O.OTO ACRE W Sp. PL.) INSET (N.T.S.) . O Sa S/B- LR PLAT— OD - Ard 6,r I. R ►" ad Raab Cap I. DAVID W. DANAL A AWISTIAAD PAOFOSIO)m LAND SUAVEWR DO HAAEIY EIRTIrr TRAT TNI PLAT SHOWN RYAAON REPRE3EMS TNI AESllLTS 0/ AN ON TN, 6AOUND SURVEY NAAC UNDER Nr DIRECTION AND SUPYAWSION IN JULr AGO. AND TNAr WAN6AS AM Al SHOWN RIRWM �PtE OF T 5 •'G1STf •:°T DA 10 W. CANN •.AVID .. GANN RWISrIRID PAOISSSIONArUND SOAVEYOR NO. 3616 NO TR7.E OPINION MADE BY THE DRAFTSMAN NOTC f) NMUMPS AND DNAY ARCWPr= PAIPARED MR THl3 ARAVINF I ACANART ARN DATED OR THI RKOADEO AEEA $ DO SASORNTS WERE LOCATED OTHER THIN !NOSE SHOWN HIRlOM OSCAR PADRON AND MARIA A. PADRON G & W ENGINEERS, INC. DEI)I0 0.070 AC. (3049.20 Sq. n) ROAD EASEMZNr IN AND PART OP TRACT 'M 5,500 AC VALSNrINE CARCIA 205 W. LNEOAK 1-361-552-4509 PORT LAVACA, TEXAS SURVEY, A-77, CALH NCOUNTY, T XAS. DAAMI Wh 9EODYb RT. DATE: SCALE: " NO--'""' NO_ O.W.D. O.W.G. JULY 02, 2001 1' >= 300' 9317-033 9317033P V-xjLW Cp O 426 i 0 RECORDER'S 14 MORANDUM All or parts of the text on this document was too small for satisfactory recordation. iNs Goaet Aa hn mind q this OTRu N• leadieq ids the Ufhnil RAlie leads. Ye ds Amq' <we thil st dt sst distrisiote dae h Aa, Getd, Gle, Sn a Ndiwl trite - Filed for Record in: Calhoun Countyy MARLENE PRUL COUNTY CLERK On: Receipt Number 262U66siM By, Shirley Foester epu y Files 0 Vol PahgB 00695 1 2 004 12 CI 0 I* 427 • ,. EASEMENT AGREEMENT Date: July 22, 2001 Grantor. Vencil Jedlicka and Selma R. Jedlicka Grantor's Mailing Address (including county): 572 Seakist, Port Lavaca, Calhoun County, Texas 77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakisr Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right -of --way, and means of ingress and egress for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not; presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long as such further conveyance is subject to this grant. • NO THE OPINION MADE BY THE DRAFTSMAN File # Vol Pagge i 0069513 2134 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. 5. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, sewer facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement.' 7. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. 8. Assi agn bility. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR: t EasementAgreement Page 2 NO TTLLE OPINION MADE BY TUB DRAFTSMAN g 0069513 2814 Vai4 • • E • CALHOUN COUNTY STATE OF TEXAS § COUNTY OF CALHOUN $ This instrument was acknowledged before me on this «5 day of 5q(�KIG 2001, by VENCIL JEDLICKA and wife, SELMA R. JEDLICKA. v V + �9�• NeM°" a"""" NOTARY PUBLIC IN AND FOR �• aa.ywra swaarna :+�wcoauNat4et+�ac6ufias STATE OF TEXAS STATE OF TEXAS $ COUNTY OF CALHOUN § • This instru t was acknowledged before me on this'T� day of 2001, byMEN01 fl , on behalf of Calhoun County, Texas. U,lC1'�,lk I'YIGVtw� NOTARY PUBLIC IN AND FOR e �r$ wtxovw�avw STATE OF TEXAS a,•�ii +h CanmksM F+sua O6-0S W EammentAgreement Page 3 i NO Tl7LE OPINION MADE BY THE DRAFTSMAN File 0. Vol Pact e 0069513 284 IS a in 0.140 Acre (6098.40 Sq. Ft.) Vencil Jedlicka and Selma R. Jedlieka STATE OF TEXAS 5 COUNTY OF CALHOUN 9 EXHIBIT A Part of Tract "F" f& "G", Valentine Garcia Survey, A-17, Calhoun County, Texas. DESCRIPTION of a tract or parcel of land containing 0,140 acre (6098.40 Sq. Ft.), situated in and a part of Tract "F" & "G", Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.140 acre also described as being part of a 3.500 acre tract and a 2.100 acre tract of land described in a Deed recorded in Volume 306, Pages 622-626 of the Calhoun County Deed Records. This 0.140 acre is more fully described by metes and hounds as follows: BEGINNING at a 5/8 inch iron rod found for corner at the point of intersection of the Northwest line of Seakist Road with the Southwest line of the aforesaid 3.500 acre tract. Said found 6/8 inch iron rod also being the South comer of said tract; THENCE, N 34" 29 22" W, with the Southwest line of said 3.500 acre tract, for a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer; THENCE, N 55" 30' 38" E, a distance of 609.84 feet to a 518 inch imn rod with a red plastic cap set for comer and being in the Northeast line of the aforesaid 2.100 acre Tract "F„ THENCE, S 34" 29' 22" E a distance of 10.00 feet to a 518 inch iron rod found for comer in the Northwest line of Seakist Road and also being the East comer of the aforementioned 2.100 acre tract; THENCE, S 55" 30' 38" W, a distance of 609.84 feet to the PLACE OF BEGINNING; CONTAINING within these metes and hounds 0.140 acre (6098.40 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in July 2001, and is true and correct to the best of my knowledge and belief. ZEDF rf y�� G�STF,9xgs GL. * ' Fo :* DAVID W. GANN oavio w: cAriN .. REGISTERED PROFESSIONAI. LAND SURVEYOR NOTE: 1) Bearings are based on the Recorded Deed in Volume 306, Pages 622-626. 2) Comers are as shown on accompanying survey plat. #9317-033h N0 7TME OPIMON MADE BY THE DRAPt'SMAN File # Vol Page 0069mi3 284 i6 • • 431 VALENTINE GARCIA SURVEY A-17 1,gt-;Talo� ;' .. rwArr -rr ' rAuer ^w^ I rwwer ^r rwAcr ^r rwAer yr rwAer ^v rw�ea• v i 6 rAuer 'r I I �'' AO� J}• Oil I,�.+ p+ .m rJGCr ^TP• TRACT "I' rR = "l• 6 6 9� PC�p0R0516 D516 "op?T' 'r 06, g6 30ra g6 ti �p�• p6E0 110 OE�O 11.3D'2r / S 3rs9-W C 10.00, 10.00, N as-w,36. d — — — _ _ _ — _ 609_BI_ _ .e P.QB. s 36'30.3r / 609.91' 0.140 ACRE (600e.40 sv n.) INSET (N.T.S.) • w1Wu rd 6/r LA - PLAT- oDmaN Y� 6/r 1. A IW AM P1Y{V Gby I. DIV/D /. CANA A A6C1SfdA6D PADTESSIONAL LAND SURrWA DO RIPJ7 CgFS TNAr fNl PLAT rN01M NSADDN AdyALrENTJ rNd RWULrS 0/' AN ON rNE CADUND SURVdr W VU J" 0 7I0N AND SUPERVISION IN JUM TO01. AND rNAr Comm �PZE.OF TF49 5 �61srFR• v' >f;e Fo.* DA !D CANN rDAVIU W.GAN'N N�a l =0 PRordsnop LAND suRrEYOR — NO MILE OPINION MADE BY THE DRAFTSMAN J9Df! rMr DRAnCMSA tRZ M U 4) �MNtlARDIEN 00 3J M LUZM&NS /EAC LWATEO OTNER THAN rHDrd SHO/N HAREOA VENCIL JSDLICNA AND SSLNA R JSDLICRA G & W ENGINEERS, INC. p�N'� D� r apes r((6d AAA )�SIA IN 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS OARCIA SURVEY A-17. CALHWN CWM YB.YAS. DRAM 9r. O.W.D. RIW" DAIE. JUW`; WNOOAMO N�: D.W.C. LY 02, 2001 1QO3 9317033P 006951284 7 432 RECORDER'S MEKORANDUR All or parts of the text on this document was too small for satisfactory recordation. This Dived hs hm Mind by this Oft fr mmdthW mmRa 6xdiimll idhde to In, W 4 f4is, Ss n MdiNd b ilia Filed for Record in: CalhounCount t4AUL COUNTY CLERK On: Receipt'Numbera- 26208 RM By, Shirley Foester D� epu y File 0 Vol 0069513 284 • CJ • 433 • EASEMENT AGREEMENT Date: July 22, 2001 Grantor. Eddie Rodriguez and Christine Y. Rodriguez Grantor's Mailing Address (including county):'605 Arthur, Port Lavaca, Calhoun County, Texas 77979 Grantee: Calhoun County Grantee's Mailing Address (including county): 211 South Ann Street, Port Lavaca, Calhoun County, Texas 77979 Easement Property: A 10-foot wide easement over and across an existing asphalt road known as Seakist Road, and being out of the Valentine Garcia Survey, A-17, Calhoun County, Texas. This 10-foot wide easement is more fully described by metes and bounds on Exhibit "A" attached hereto. Easement Purpose: Non-exclusive roadway, right-of-way, and means of ingress and egress • for vehicular and pedestrian traffic. Consideration: Cash and other valuable consideration Reservations from and Exceptions to Conveyance and Warranty: Easements, rights of way and prescriptive rights, whether of record or not, presently recorded and valid instruments, other than encumbrances and conveyances, that affect the Easement Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee a blanket non-exclusive easement over, upon and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantees heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservation from and exceptions to conveyance and warranty. The following terms and conditions shall apply to the easement: 1. Character of Easement. This Agreement grants an easement in gross. 2. Duration of Easement. The easement shall be perpetual. 3. Exclusiveness of Easement. The easement is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to convey the same or other rights and/or easements to others, so long at such further conveyance is subject to this grant. NO Tf1i.E OPINION MADE BY THE DRAFTSMAN t=ile # Vol Pa9w 0069514 284 9 .rt 434 4. Secondary Easement. The holder of the easement shall have the right to use as much of the surface of the property adjacent to the Easement Property as may be reasonably necessary to install and/or maintain a road reasonably suited for the Easement Purpose. S. Maintenance. Improvement and maintenance of the Easement Property shall be at the sole expense of the holder of the easement. The holder has the right to eliminate any encroachments or on the Easement Property. The Easement Property shall be maintained in a neat and clean condition. The holder of the easement shall, in addition, have the right to construct a road together with any and all culverts, bridges, drainage ditches, setter facilities and other similar utilities and facilities relating thereto over or under all or any portion of the Easement property, all matters concerning or relating to said and related facilities, their configuration and the construction thereof to be at the sole discretion of the holder of the easement. In connection with such road and related facilities and/or the construction thereof, (a) the holder of the easement shall have the right to remove and/or relocate any fences located within the Easement Property or along or near the boundary lines thereof as may be reasonably necessary in order to construct said road and related facilities or in order for said road to continue onto other lands or easements owned by the holder of the easement and adjacent to the Easement Property, and (b) upon the written request by the holder of the easement the owners of the fee of the Easement property shall execute or join in the execution Of, easements for sewer, drainage and/or facilities over or under the Easement Property. 6. Rights Reserved. Grantor reserves for Grantor and Grantor's heirs, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 7. Binding_Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors and assigns where permitted by this Agreement. S. Assignability. Grantee is expressly granted the right to assign this easement, or any part thereof or any interest therein. GRANTOR Eddie Rodriguez ristine Y. Rodriguez ement greement Page 2 N07TTLE OPINION MADE BY 717E DRAFTSMAN g 0069514 264 p8g0 • 0 • 435 • is CALHOUN• STATE OF TEXAS § COUNTY OF CALHOUN § This instrument was acknowledged before me on this 0- day of , 2001, by EDDIE RODRIGUEZ and wife, CHRISTIN'E1f 1{Y...'1MR1�O�DF RII1/G�I I/UIyE, IZ,.. ` V Lilt' IWTW M mwyi' "F""r"u"r" NOTARY PUBLIC IN AND FOR "axr hOk.SnteaTontammswnW+aocaces STATE OF TEXAS STATE OF TEXAS § COUNTY OF CALHOUN $ This instrument was acknowledged before me on this ' 1 _' day of • 2001, by i'Ntft W Q i 0 , on behalf of Calhoun County, Texas. �111d�(ilQyti o a� NOTARY PUBLIC IN AND FOR wFHorwamx :8 �'? "aarw"r.snumT•u STATE OF TEXAS N,W-W. +Wrtamadulm Eiohe e60Ea5 II t greement Page 3 N OPINION MADE BY TH BY THE DRAFCSMAN 0069514 Vol Pac"„1 r 436 0.146 Acre (6355.48 Sq. Ft.) Eddic Rodriquez and Christine Y. Rodriquez STATE OF TEXAS 5 COUNTY OF CALHOUN S EXHIBIT A .: Part of Tract "D" & "E", Valentine Garcia Survey, A-17, Calhoun County, Texas. DESCRIPTION of a tract or parcel of lane) containing 0.146 acre (6355.48 Sq. Ft.), situated in and a part of Tract "D" & "E', Valentine Garcia Survey, A-17, Calhoun County, Texas. Said 0.146 acre also described as being part of a 2.290 new tract and a 2.100 acre tract of land described in a Deed recorded in Volume 306, Pages 420-424 of the Calhoun County Deed Records. This 0.146 acre is more fully described by metes and bounds an follows: BEGINNING at a 5/8 inch iron rod found for comer at the point of intersection of the Northwest line of Scalrist Road with the Southwest line of the aforesaid 2.100 acre tract. Said found 5/8 inch iron rod also being the South comer of said tract; THENCE, N 34F 29' 22" W, with the Southwest line of said 2.100 acre tract, for a distance of 10.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer; THENCE, N 55" 30' 38" E, a distance of 634.56 feet to a 5/9 inch iron rod with a red plastic cap set for comer at the point of intersection with the Southwest line of a 60.00 foot wide County Road called High Bluff Drive; THENCE, S 45- 42' 38" E, with the said Southwest line of High Bluff Drive, a distance of 10.19 feet to a 3/4 inch iron pipe found for comer at the point of intersection with the Northwest line of Scahtst Road; THENCE, S ew 30' 38" W, a distance of 636.54 feet to the PLACE OF BEGINNING; CONTAINING within them metes and bounds 0.146 acre (6355.48 Sq. Ft.), situated in and a part of the Valentine Garcia Survey, A-17, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from anactual on the ground survey made under my direction and supervision in July 2001, and is true and correct to the best of my bnowledge and belief. SE OF TF *`'�t�tfRFos D VID W. GANN REGISTERED PROFESSIONAL LAND SURVEYOR • • DAVID W: GANtJ, , NO.3816 NOTE: 1) Bearings are based on the Recorded Deed in Volume 306, Pages 420-424. 2) Corners are as shown on accompanying survey plat. #9317-0331 NO ME OPIMON MADE BY THE DRAFTSMAN File 0 Vol Pakg 0069514 as-4 22 11 11 • 437 4 Np SUR�E� NO 7171.E OPINION MADE BY THE DRAFTSMAN ADO H Ttl7S DRAgAG 1) i[AItIMCE AAE IASID ON TNl D DLLA i MO lATENEMTS �W LOCATED OTNER 7NAN TN0.TE SNOEN NERLDN. EDDIE RODRIQUEZ AND CHRIST/NE Y. RODRIQUEZ G & W ENGINEERS, INC. 0%1TRAL7 1v s' Z. 9fi �s�o�ACR°as vNLaMINBAND PAW 5 W. ic', LNEOAK 1-361-552-4509 PORT LAVACA. TEXAS CARCIA SURVEY. A-17. CALM UN COUNTY. TEXAS. AM OF. xE" Btt O.W.D. D.W.G. DATE: SCALE: JOD xQ: IA"I JULY 02. 2001 1' = 300' 9317-033 M0�9317033P 0069514 284 r4 3 r RECORDER'S M MORANDDM All or parts of the text on this document was too small for satisfactory recordation. This kwal to bee nabd by lbis Wo Fr btvdiq late the Official Wit kwfu 4 Is beebf :ea dui N & et disridate de to dsx, Dw4 Ghe, Sa a Mi hW bi1iL Filed for Record in: Calhoun,County ENEPAUL COUNTY CLERK On: Aug 07,2001 at 11:16RM Receipt Nueber — 262CS By, Shirley Foester i File 0 Vol Pagge 0069 8 1 4 1384 84 • 0 is 439 CONTRACT FOR RESTORATION OF MATAGORDA ISLLAND LIGHTHOUSE — AMENDMENT A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to authorize the County Judge to amend the Contract with the Texas Department of Transportation for restoration of the Matagorda Island Lighthouse. (An audit is not applicable.) Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Jf • Texas Department of Transportation P.O. BOX 757 • YOAKUM, TEXAS 77995-0757 • (361) 293-4300 July 16, 2001 v C Honorable Arlene Marshall Calhoun County Judge 211 South Ann Street Port Lavaca, TX 77979 Ref: Matagorda Lighthouse Agreement Dear Judge Marshall: Attached are two revisions to our current agreement for the enhancement project to • restore the lighthouse on Matagorda Island. On page 11 of the agreement, Article 22, Office of Management and Budget (OMB) Audit Requirements, is no longer applicable. According to our audit office, Circular #A-128 and A-133 only apply if there are state funds involved. Since this project is using federal and local funds, they have asked that this article be removed. Please initial and date both pages and return them to this office for further processing. I apologize for any inconvenience this may cause. Please be advised that our current agreement will remain in effect until the revised pages are initialed and dated by our Austin division. You may continue to work on this project. If you have any questions, please call me at 361/293-4381. Thank you for your cooperation in this matter. BJG:bb Attachment Sincerely, /�a- I Billy J. Goodrich, Jr., P.E. Supv. District Design Engineer An Equal Opportunity Employer • • , 21. Inspection of Books and Records The parties to the agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal highway Administration (FHWA), and the U.S. Office of the Inspector General, or their • duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 22. Office of Management and Budget (OMB) Audit Requirements e p with the requirements of the Single Audit Act ensuring that the single audit report inc stt ulated in OMB Circular No. A-128 0 and stipulated in OMB Circular A- 2000. �ve5 not a�0�p/y Sinte sf%/c Y'uas/i 4ie 4 P t 6e,.j tor,, 23. Civil Rights Compliance 1; ✓ 7-/6 -/ The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 24. Disadvantaged Business Enterprise Program Requirements • The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to famish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). CERTIFICATES OF OBLIGATION SERIES 1998 Judge Marshall stated that the County does not qualify for this so there is no need for the help of First Southwest Asset Management, Inc. (regarding Memorial Medical Plaza). No action needed. • 441 • • SECURITY HELD BY FEDERAL RESERVE BANK OF DALLAS WITH IBC A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to ratify the request for substitution and withdrawal of security held by the Federal Reserve Bank of Dallas in joint safekeep with International Bank of Commerce. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. RCVuG�a run wUesoTITUTION OF NON-U.S. GOVERNMENT OR AGENCY SECURITIES AND, OR IMMEDIATE WITH. DRAWAL OF ANY SECURITIES HELD BY THE FEDERAL RESERVE BANK OF DALLAS IN JOINT SAFEKEEPING "rh, onflemign,d Dewmihrt .red Depooitury, jointly reset tho Frdcrnl Reacrve ❑rank of Unllsa to subaduur.r permit. withdrawal of the neeuritiea which it hobly a ,der Joint Safekeeping Receipt or Advice of Dep„ait lanual by it u, the underxiened, in accordance with the terms o and w deliver the securitice substituted fur or withdrawn to the party named in such moolutinn. f the resolution herea(t<r Quoted. INTERNATIONAL BA#K OF COMMERCE CALHOUN CNTY COMM CRT Depesttary Bank DeWattor P.O. DRAWER 1359 LAREDO TEXAS 78042 Addy.By B 2 Addros JUDITH I. WAWROSKI — ASST CASHIER RESOLUTION "Whcrene. heretofore, under date of JULY 12, i001 HOUN CNTY COMM CRT p- the Federal Ree.rm Bank of Dallas issued to ERNATIONAL BANK OF COMMERC • Depneitne. and rat Safekeeping Romipo or Advice of Deposit or receipw mverinq certain ....title sad Depoeitory, " Whereas, both the Dcpmitor and Depoeltory, now desire the Federal Reserve Bank of D.U. to permit a aubtitution of certain -...cities, or a with- drawal of seeuritiw, which it now held-, as hereinafter more fully act forth; and "Whereas, the securities, if ray, hereinafter mentioned, which the above named Curtin desire W substitute in Ile. of throe heretofore placed in aafe- koepina with the Federal Itteaeme Dank of Dallas, meet with the reauiremants of law aad have been and am hereby approved; and "Whereas. the securitiar, if any, hereinafter mentioned, which the above named psetice wish to withdraw, arc entitled under the law to be withdrawn: "Now, therefore. be It rwoNeel; That the Federal Reserve Bank of Dallas be and it I. hereby requested and authorized W surrender the following curitiet herecefure p6cs4 with it fur aafek«ping by the above named parties, to -wit; RECEIPT NO. DESCRIPTION ORIGINAL FACE 31295LZV7 FHLMC ARM POOL#787956 01/01/31 15,000,000.00 12,7V ,M'50 (Hem describe securitio w be substituted for or withdrawn. U be. apace i., not ..dictrnt anntinue description on revane aide hereof.) and be receive in lieu thereat the following securities, which are hereby fn all mol eete apptemd; DESCRIPTION PAR VALUE 31374GUN5 FNMA ARM POOL# 313889 11/01/27 24,159,849.00 7,735,725.14 9 (Hem describe ueuritian to be taken in substitution or in the event this is a withdrawal without substitution write In the word "None:, It above space is at .011cient, continue description on reverse side hereof.) "Ue it further mealvcd tutN fur or withdrawn tu_ u[DaIldb nttjl.e hereby euthurired m deliver the acourtly, described herein to the subti- r Ite order." 442 PLEDGE AUTHORIZATION LIST FOR FEDERAL RESERVE BANK OF DALLAS - UPDATE • A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to update the Pledge Authorization List for the Federal Reserve of Dallas to include all Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. -APPENDIX 3 FEDERAL RESERVE BANK OF Dallas; Texas PLEDGEE AUTHORIZATION LIST Instructions on Reverse Side Appendix 3/1 1. Pledgee no.: 20 S. Ann Ple e. Pledgee address: Port Iaga�; 77( 7.7g7g _ Vac 2. The following persons are authorized to transact business on behalf of the public body or public official named below for whose account the Federal Reserve Bank now holds. or may hereafter hold. state and local deposit collateral pursuant to the terms of its Operating Circular no. Name of individuals authorized to release or Telephone number or pledge securities' (by letter, phone or fax) SEE ATTACHED 361 553-4600 3. Number of authorized individuals whose signatures must appear on an Original Written Release of Securities: 1 4. Spettlfy whether phone or fax instructions are to be verified using three- or four -party callback procedures: :M Three -Party O Four -party 5. Require pledgee a proval of par -for -par collateral substitutions: ❑ Yes E No 6• County Judge 7-31-2001 Autho d ofa signature) Title Date 7. Board certify or notarize below: The individual providing official signature in Item no. 6 Is authorized to act in a representative capacity: State of _. Texas County of Calhoun This institution was acknowledged before me on July 31, 2001 as Marlene Paul, County Clerk $y eyzdz.�, t.�QCK�Gli(/ Deputy (Signature of authorlzccf representative of board or notarial officer) Board certification seal Deputy County Clerk or rrltic) Notary stamp My commission expires: For FRB we only: Reviewed by Date: If you require additional space please attach a separate page as a supplement m this form This form must be signed by an official of the public enoty. For congvl purposes. If at all possible. we recommend that the ofaclal not be one of the persons authorized to release securities. By sigling OILS form. the official warrants to the Federal Reserve Bank that he or she has the authority to authorize the persons listed to release pledged securities. • 0 • E AUTHORIZED PERSONS: Arlene N. Marshall County Judge Roger Galvan Commissioner Michael Balajka Conmissioner H Floyd Commissioner Kenneth W. Finster Commissioner Sharron Marek Treasurer RE -DISTRICTING 2001 The Court considered the plans submitted by Rolando Rios, Attorney, being Plan C Modified, Plan K and Plan X. A Motion was made by Commissioner Galvan, which died for a lack of a second, to accept Plan C modified. Leroy Belk suggested a citizens committee be formed to look into this. Commissioner Balajka stated they were advised by their attorney not to do this as other counties were doing. Some of the plans seemed to be incorrect and Commissioner Galvan was advised to contact Mr. Rios. Discussion was postponed to August 13, 2001. APPOINTMENT OF DRAINAGE DISTRICT #6 COMMISSIONERS A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to re -appoint Drainage District #6 Commissioners: George Elder, David Pfeil and Mike Billings. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Drainage District #6 (Terms Expiring August, 2001) George Elder 1749 School Road Port Lavaca, Texas 77979 David Pfeil 4482 FM 3084 Port Lavaca, Texas 77979 Mike Billings 1541 School Road Port Lavaca, Texas 77979 APPOINT ADVISORY COMMITTEE MEMBERS GOLDEN CRESCENT REGIONAL PLANNING COMMISSION A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to appoint/re-appoint the following members to the Regional Health and Human Services Advisory Committee: Chris Kovarek and Rosa Lee Smith (re -appointments) and appoint Tom Innis (to replace Kenneth Barr who wants to resign) and Azile Bonneau (to replace Edward Wilson who wants to resign). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to re -appoint Henry Barber, Rachel Morales, Boyd Staloch and John Brown to the Regional Emergency communications Advisory Committee. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. r•• A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to appoint/re-appoint the following members to the Regional Public Protection Advisory Committee: B. B. Browning and Rick Brush (re -appointments) and appoint Vaughn . Dierlam to replace Mark McKnight and John Woods to replace Reuben Hernandez. In discussion Commissioner Finster stated he was disappointed in the action of the Court and could not support this. This is the first time we had to get someone from the public and not just law enforcement; it is singling out the one entity that would like to be represented. Commissioners Floyd and Balajka voted in favor; Commissioners Finster, Galvan and Judge Marshall voted against. The Motion failed. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to appoint/re-appoint the following members to the Regional Public Protection Advisory Committee: B. B. Browning and Rick Brush (re -appointment) and appoint Vaughn Dierlam to replace Mark McKnight and appoint Sam Hurta to replace Reuben Hernandez. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. Commissioner Floyd voted against. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to appoint/re-appoint the following members to the Regional Environmental Resources Advisory Committee: Patricia Kalisek (re -appointment) and Oscar Pena (appointment). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. APPOINTMENT OF COMMISSIONERS' COURT MEMBERS TO GOLDEN CRESCENT REGIONAL PLANNING COMMISSION GENERAL ASSEMBLY AND DESIGNATE REPRESENTATIVE FOR THE BOARD OF DIRECTORS A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to • designate Michael Balajka as representative for the Board of Directors of the Golden Crescent Regional Planning Commission. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Balajka and seconded by Judge Marshall to appoint Roger Galvan to the Golden Crescent Regional Planning Commission General Assembly. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. DONATION — CALHOUN COUNTY LIBRARY A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the following donations to the Calhoun County Library. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Calhoun County Public Library System (361) 552-7323 • 200 W. Mahan Port Lavaca, Texas 77979 The following materials have been donated to the Calhoun County Public Library System during the months of April, May and June 2001. 445 Books Donor 2 books Moira Tschatschula 6 books Sherry Hinds 1 book Norma Stewart 1 book Juan Soto 6 books Mr. Cooper 2 books Robert Wood Johnson Foundation 2 books Pauline Atkins 4 books Linda Kay Tennison 275 books Unknown 14 books Kate Liang 27 books Teresa Wu 1 book Relationship Rebuilders LLC 26 books Bonnie Griffith 1 book Texas Education Agency 3 books Bridge Publications, Inc. 3 books Hubbard College 6 books Sandra Barton 7 books Lori Kerlick 256 books Curtis Foester 3 books Noemi Cruz 6 books Alexandria, Joyce & Crystal Salinas 28 books Nettie Rae Witherspoon Pacerbacka 75 paperbacks Moira Tschatschula 4 paperbacks Sherry Iimds 4 paperbacks Pauline Atkins 14 paperbacks Lori Kerlick 266 paperbacks Unknown 5 paperbacks Teresa Wu 1 paperback Pauline Atkins • 2 paperbacks 1 paperback Sandra Barton Shirley Schuenemann 14 paperback Curtis Foester 6 paperbacks Nettie Rae Witherspoon Audios 5 audiobooks Dana Perez 2 audiobooks Mrs. T.W. Dip Videos 18 videos Jody Weaver 6 videos Bessie O'Leary 1 video Lenore Damons 28 videos Walter Spitler 1 video Homer Cheek 4 videos Audrey W. Warren 180 videos Nettie Rae Witherspoon 5 videos Unknown Magazines 9 magazines Teresa Wu 57 magazines Unknown 45 magazines Teresa Chang • 22 magazines 29 magazines Brill White Trinh Nguyen 7 magazines Curtis Foester I magazine Noemi Cruz .� � k1 1 CD ROM Mario Garcia 1 CD ROM Tracy Dunwoody 3 CD ROM's Unknown 1 Calendar Unknown kid . BUDGET AMENDMENTS — 2001— PRECINCT #4 — DISTRICT ATTORNEY — COUNTY JUDGE — PRECINCT #4 — PRECINNCT #2 (2) — CAPITAL • PROJECT/NEW EMS BUILDING — CAPITAL PROJECT/MOLD REMEDIATION — LIBRARY — BUILDING MAINTENANCE — JAIUSBERIFF — PRECINCT #1 — EMERGENCY MANAGEMENT — COUNTY CLERK — R&B PCT. #1—.R&B PCT. #2 — R&B PCT #3 — R&B PCT #4 A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the Budget Amendments as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 11 BUDGET AMENDMENT REQUHT To: Calhoun County Commissioners' Court From: Pf- 4 (Department making this request) Date: I request an amendment to the budget for the year following line items in my department: Amendment . GL Accoun't # Account Name ___Amount _______Reason p�)c r15D.00 57 - 4�Qn Vti c.E_ (00. 00 69Q-53510 I D Net change in total budget for this department is: $ �[JUL 3 1 2001 Other remarks/justification: t 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): 447 • • BUDGET AMENDMENT REQUEST To: Caljh�oun County Commissioners' Court From: ) \. -i L I i h n .Ll(DVeJpaUrJtlmenttJma�kiing this request) Date: 7-1 1- 01 1 request an amendment to the o budget for the year following line items in my department: Amendment GL Account # Account Name Amount no Net change in total budget for this department is: Other remarks/justification: aaaaaaaaaa Reason 2 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): HM 1l r.f .M .I'A.l1..:1. Y r 1 I I To: Calhoun County Commissioners' Court From: (Department making this request) Data: 7 // 910 / I request an amendment to the J-Z40 budget for the year following line items in my department: Amendment OL Account # Account Name Amount Reason -----------�-- ------------------ ------------- ------------------- �Zdo Gro/I;t- re,/-1/<lei oa pO% /�0. lye/a ,4 o17sJ S 15 D Ok-Su,vcle 200.0V _ f-7%!( C..ln1eJ =.Q C)®/� u ii s i �nrn Net change in total budget ._..__._._._. for this department is: $ Other remarks/justification: • I understand that my budget cannot be amended as requested until Commissioners) Court approval is obtained. %) Signature of official/department heads �/( /L//�u /�E� d/ • Data of CommissionarsI Court approval: -7- Date posted to General Ledger account(a): 449 • BIIDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: 1� (Department making this request) Date: a l I I request an amendment to the budget for the year following line items in my department: ■ Amendment GL Accoun't ,# Account Name __ Amount _______Reason ------ ------ ---- yno (o35?fJ L tic E IOi000 (�.�a?. ia��lrpm/u fie, Olv • MI Net change in total budget for this department is: Other remarks/justification: jUI 3I 2001 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): E 11 BUDGET AMENDMENT REQUEST To: Calhoun County commissioners, court ly�� From: l Q nQLI(1 11911i�1 :1 ((1(11�(l1DDl� YUi` a' (Department ma ing this request) Date: —1I,D6I 0I I request an amendment to the o�00J budget for the year following line items in my department: Amendment GL Account-$'- Account Name ---Amount---- A 0 - 53S 10 �p d �i l c �� 00. 00 hr5s0-535ao '-Mp<, 4 R06 4on. o0 Net change in total budget for this department is: Other remarks/justification: �t ----_Reason • I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. signature of official/department head: U�IIICUIIU YLJ Date of Commissioners' Court approval: • Date posted to General Ledger account(s): 451 • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: & C0 1' (Department making this request) Date: q 130101 I request an amendment to the budget for the year following line items in my department: 6L Account # "--Account Name Amendment ---Amount ------------ 550' �lOQ t O 00.00 0351D d 4Q 0 Net change in total budget for this department is: Other remarks/justification: - -Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: II"f�VY� Date of Commissioners' Court approval: ��JJWW11 IIIIVV Date posted to General Ledger account(s): 452 J • BUDGET AMENDMENT REQUEST / To: Calhoun DvCounty n1Commissioners' Court From: r l�, 14 — I Q.1.� � � ' lS Wr (Department making this request) Date: �_3J-10I I request an amendment to the a6131 budget for the year following line items in my department: Amendment GL Account # Account Name Amount Reason 513�1 �a�-1o0 JAW 13y qqq-13ct50 Net change in total budget for this department is: Other remarks/justification: E I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 453 • • • BUDGET AMENDMENT REQUEST To: Calhoun County �Commissioners' Court From: _ �J{ I - 0 E Y/ 1 Department 1 @mCaCJk�in/g`fthi s11 `reeqquVSes- t ) Date: 1_30-0 I request an amendment to the budget for the year following line items in my department: Amendment GL Account # Account Name Amount _- Reason ------------ --"_--------- ..-- ------ a�0- q-q- )-- nAsa-Ie -LOU - Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: • Date posted to General Ledger account(s): 454 • GET AMENDMENT REQUEST IF To: Calhoun County Commissioners' Court From: (Department making this request) Date: 1--30^OI I request an amendment to the 00( budget for the year following line items in my department: Amendment GL Account # Account Name Amount Reason • rr� Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 455 r1 L_J LI- • BUDGET AMENDMENT REQUEST ^ To: Calhoun County Commissioners' Court From: -B WMI1nc4 A �_ (Department making this request) Date: -7-30-U l I request an amendment to the J-o 0i budget for the year following line items in my department: Amendment GL Account # Account Name Amount Reason »»»»____»»..----_.._ ------ »_ __ _____..-- � Net change in total budget _ for this department is: $ Other remarks/justification: y 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): 45G BUDGET AMENDMENT REQUEST d G TO: CALHOUN COUNTY COMMISSIONERTCOU ACCOUNT NAMh AMOUNT JAIL 1000-180.51620 ADDITIONAL PAY -REGULAR RATE 1,086 REQUIRED BY PAYROLL SHERIFF 1000-760-51620 ADDITIONAL PAY -REGULAR RATE 3.099 REQUIRED BY PAYROLL 1000-760-51899 WORKERS COMP ADJUSTMENTS 1,736 REQUIRED BY PAYROLL 1000-760-51519 DEPUTY -LAW ENFORCEMENT (1,736) REQUIRED BY PAYROLL 1000-760-51610 OVERTIME (4,185) REQUIRED BY PAYROLL 1000-760-53430 LAW ENFORCEMENT SUPPLIES 146 LINE ITEM TRANSFER 1000-760.53992 SUPPLIES-MISC. 155 LINE ITEM TRANSFER 1000-760-63920 MISCELLANEOUS 100 LINE ITEM TRANSFER 1000-760-53540 GASOLINEIOILIDIESEL (401) LINE ITEM TRANSFER Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET i--'4: ,J.31 a 457 • • • • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court /J From: / ' o` ✓%� / (Department making this request) Date: Ate, f� // OD� I request an amendment to the el00 �L budget for the following line items in my department: OL_Account N .Salo Gyg/gg SStn-'ry'o"o Account Name Amsndment ___ _i --------pp------ ---Amount Reason i lk. C. C >� a78o Net change in total budget for this department is: Other remarks/justification: —� ,LL 31 M 5 e i I understand that my budget cannot be amended as requested until Commissioners- Court approval is obtained. signature of official/department head: ,I Date of Commissioners' Court approval: Date posted to General Ledger account(s): BUDGET AMENDMENT REQUEST A AV Rul't v A 3 459 • 0 0 0 BUDGET AMENDMENT REQUEST 15 A PP R 0'%V' E Eli JUL 3 1 20 M, BUDGET AMENDMENT REQUEST I y TO: CALHOUN COUNTY COMMISSIONERS'COU FROM: R/B PRECINCT 1 DATE: 7/30/01 BUDGET FOR THE Y9Mr'.= AMEN = UMENT ACCOURTNAME AMOUNT 000- 5 540 t000-540-51910 SOCIAL SECURITY 248 1000-540-51940 WORKERS COMPENSATION 196 1 DOO-540.51950 FEDERAVSTATE UNEMPLOYMENT 17 1000-540-53510 ROAD/BRIDGE SUPPLIES (4,709) 1000-540-66192 TELEPHONE SERVICES 155 LINE ITEM TRANSFER 1000-540-53210 MACHINERY PARTS(SUPPLIES ISO 1000-540-73445 RENOVATION -BUILDING 696 Total for GENERAL FUND NET CHANGE IN-TOTAL-BUDGE1 r"m"- 461 • • • • u BUDGET AMENDMENT REQUEST /6 ACCUUNTITM AMOUNT 0q0=00-5910 7000- 51 640 940 1000-SW-51950 1000-550-53595 1000-550-53510 SOCIAL SECURITY WORKERSCOMPENSATION UNEMPLOYMENT TOOLS ROAD & BRIDGE SUPPLIES 427 38 326 (8,368) LINE ITEM TRANSFER immTotal for GENERAL FUND 462 BUDGET AMENDMENT REQUEST Are ®VE JUL 31 463 is 0 • 0 BUDGET AMENDMENT REQUEST II jArrKUVE L. 3 13 1 JUL� ++ !!! Fund Session Code Date Fund Title 1000 7/3M2001 GENERALFUND Total 7/31/2001 Total GENERALFUND 1000 Report Total isCALHOUN COUNTY, TEXAS Unposted Budget Transacdous -REVENUE ADJUST. 7131101 Transaction Description Dept Title _._ __. GL Title POSTAGE RETMB. BY HGT REVENUE CK RESTITUTION MISCELLANEOUS REVENUE 52.00 52.00 0.00 52.00 0.00 APPROVE E 3120 Fund Cade 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 100D 1000 1000 1000 1000 I I1 D.,, 7/- Ml '• CALHOUl,TEXAS Unrm?BudgetTransactions - EXPENp;ADJUST.FOR 7/31/01 E1Tective Date Fund Title Transaction Descrip .' OL Title 7/312001 GENERAL FUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/31200L GENERAL FUND 7/312001 GENERAL FUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERAL FUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/31/2001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND 7/312001 GENERALFUND, LINE ITEM TRAN FER LINE ITEM TRAM FER REQUIRED BY P YROLL REQUIRED BY A'f-ROL1._ LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER POSTAGE REIMB. BY HOT CK RESTITUTLON REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE 17EM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL *ASLIBRY 1 2001 BUILDING MAWT BUILDING MAINTENANCE BUILDING MAINTENANCE JAB. OPERATIONS COUNTY CLERK COUNTY CLERK COUNTY JUDGE COUNTY JUDGE DLSTRICTATTORNEY ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGErPRECINCT #I ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE-PRECINCF #I ROAD AND BRIDG&PRECINCT #1 ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDG&PRECINCT#1 ROAD AND BRIDGE-PRECINCT411 ROAD AND BRIDG&PRECINCT#1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE-PRECINCT#2 0 Increase Decease LIBRARY 600.00 'COMFORT 600.00 ASSISTANT BUILDING SUPERB47ENDENT WORKERS COMP ADJUSTMENTS BUILDING SUPPLIES/PARTS UNIFORMS ADDITIONAL PAY -REGULAR RATE PHOTO COPIES/SUPPLI'S COMPUTER RENTALS GENERAL OFFICE SUPPLIES TELEPHONE SERVICES POSTAGE TEMPORARY SOCIAL SECURITY WORKMENS COMPENSATION FEDERALSTATE UNEMPLOYMENT MACHINERY PARTS/SUPPL ES ROAD & BRIDGE SUPPLES ROAD & BRIDGE SUPPLIES INSECIICIDES/PESTICIDES JANITOR SUPPLIES TELEPHONE SERVICES TELEPHONE SERVICES RENOVATION -BUILDING TEMPORARY 1,049.00 1,048.00 106.00 106.00 1,086.00 1,696.00 1,686.0D 400.00 52.00 3,237.00 248.00 196.00 17.00 160.00 2,780.00 356.00 155.00 40.00 696.00 7,039.00 400.00 4,709.00 3,176.00 CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADJUST.FOR 713I I JUL 3 12001 Le Fund Effcc6ve Code Date Fund Title Trmsaction Description Dept MtIc GL e e 1000 7/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND SOC SECURITY .. ...::: 538.00 BRIDGE-PRECINCT#2 1000 7/31/2001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND WOR S 427.00 BRIDGE-PRECINCT#2 COMPENSATION 1000 7/31/2001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND - FFDERAUSTATE 38.00 BRIDGE-PRECINCT#2 UNEMPLOYMENT 1000 7/312001 GENERAL FUND ETNYRE CHISPREADER ROAD AND ROAD & BRIDGE SUPPLIES 8.000.00 BRIDGE -PRECINCT #2 _ 1000 7/312001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 400.00 BRIDGE -PRECINCT #2 1000 7/312001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 8,368.00 BRIDGE -PRECINCT #2 1000 7/312001 GENERAL FUND LINE ITEM TRANSFER ROAD AND TIRES AND TUBES 400.00 BRIDGE -PRECINCT #2 I000 7/312001 GENERAL FUND NINE ITEM TRANSFER ROAD AND TOOLS 326.00 BRIDG&PRECINC17#2 1000 7/312001 GENERAL FUND ETNYRE CHISPREADER ROAD AND MACHINERY AND 8,000.00 BRIDGE -PRECINCT #2 EQUIPMENT 1000 7/31/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 1,146.00 BRIDGE -PRECINCT #3 1000 7/312001 GENERALFUND LINE ITEM TRANSFER ROAD AND MACHINERY/EQUIPMENT 1,146.00 BRIDGE-PRECINCT#3 REPAIRS 1000 7/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND MAINTENANCE EMPLOYEES 448.00 BRIDGE -PRECINCT #4 1000 7/31/2001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND TEMPORARY 2,482.00 BRIDGE -PRECINCT #4 1000 7/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND WORKERS COMP 448.00 BRIDGE-PRECINCT#4 ADJUSTMENTS '1 1000 7/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND SOCIAL SECURITY 190.00 BRIDGE -PRECINCT #4 1000 7/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND WORKMF,NS 150.00 BRIDGE-PRECINCT#4 COMPENSATION 1000 7/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND FEDERALISTATE 13.00 BRIDGE-PRECINC17#4 UNEMPLOYMENT 1000 7/312001 GENERAL FUND EXTENSIVE REPAIRS TO ROAD AND ROAD & BRIDGE SUPPLIES 10,000.00 COMPACTOR BRIDGE-PRECINCT#4 1000 7/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND ROAD & BRIDGE SUPPLIES 2,835.00 BRIDGE -PRECINCT #4 1000 7/312001 GENERAL FUND EXTENSIVE REPAIRS TO ROAD AND MACHINERY/EQUIPMENT 10,000.00 COMPACTOR BRIDGE-PRECINCT#4 REPAIRS 1000 7/312001 GENERAL FUND LINE ITEM TRANSFER EMERGENCY GENERAL OFFICE SUPPLIES 49.00 MANAGEMENT nmc 7qQ Wi E '• CALHOF TEXAS • Unposted Budget Transactions - EXPEND.ADJUST.FOR 7/31/01 Fund Effective Code Date Fund Title Transaction Description Dept Title G1,71de lncrcase Decrease I000 7/312001 GENERALFUND LINE ITEM TRANSFER EMERGENCY COMPUTER SUPPLIES 49.00 MANAGEMENT 1000 7/312001 GENERALFUND REQUIRED BY PAYROLL SHERIFF DEPUTY -LAW 1,736.00 ENFORCEMENT 1000 7/312001 GENERALFUND REQUIRED BY PAYROLL SHERIFF OVERTIME 4,185.00 1000 7/312001 GENERALFUND REQUIRED BY PAYROLL SHERIFF ADDITIONAL 3,099.00 PAY -REGULAR RATE 1000 7/312001 GENERALFUND REQUIRED BY PAYROLL SHERIFF WORKERS COMP 1,736.00 ADJUSTMENTS 1000 7/312001 GENERALFUND LINE ITEM TRANSFER SHERIFF LAW ENFORCEMENT 146.00 SUPPLIES 1000 7/31200L GENERALFUND LINE ITEM TRANSFER SHERIFF GASOLIJP/011/DIFSEUGR... 401.00 1000 7/312001 GENERALFUND LINE ITEM TRANSFER SHERIFF SUPPLIES -MISCELLANEOUS 155.00 1000 7/312001 GENERALFUND LINE ITEM TRANSFER SHERIFF MISCELLANEOUS 100.00 Total GENERALFUND 49,345.00 49,293.00 1000 5134 7/31/=l CAPITAL PROJECT' NEW LINE ITEM TRANSFER NO DEPARTMENT LEGAL FEES 88.00 EMS BUILDING 5134 7/312001 CAPITAL PROJECT NEW LINE ITEM TRANSFER NO DEPARTMENT STUDY -BUILDING 88.00 EMS BUILDING Total CAPITAL PROJECT NEW 88.00 88.00 5134 EMS BUILDING 5210 7/312001 CAPITAL PROJECTMOLD LANE ITEM TRANSFER NO DEPARTMENT MOLD REMEDIAT ION 1,068.00 REMEDIATION 5210 7/312001 CAPITAL PROJECIMOLD LINE ITEM TRANSFER NO DEPARTMENT TELEPHONE SERVICES 1,068.00 REMEDIATION Total CAPITAL PROJECIMOLD 1,068.00 1,068.00 5210 REMEDIATTON � Report Total �P50,501.00 50,449.00 JUL 3 1 2001 Dae: 7/ 001 ) w TAX ASSESSOR -COLLECTOR - MONTHLY REPORT The Tax Assessor -Collector presented her monthly report for June, 2001 and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded • by Commissioner Balajka that said report be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED - COUNTY Claims totaling $381,015.56 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Floyd that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED - HOSPITAL & INDIGENT HEALTHCARE Claims totaling $369,822.96 for payroll, $450.00 for construction, $975,17l.92 for operations and $62,131.93 for Indigent Healthcare for a grand total of $1,344,994.88 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GENERAL DISCUSSION Commissioner Balajka said he was contacted by members of the Texas Department of Transportation who will be doing the rehabilitation of the lights and runway at the airport. They want to do it by sub -contractors as recommended. They will send him a list of the approved contractors. . Commissioner Finster informed the Court that there was a press release from the Friends of the Port O'Connor Library regarding the carronade and an interview with the television station will be televised tonight. In an agreement between the Calhoun County Historical Commission and Texas A&M, there is a stipulation that an alarm system is required for the carronade. Henry Pongratz said they will provide it. This will be on the agenda in the future. Judge Marshall received a letter from the United Way regarding loan executives. No action was needed. Judge Marshall reported receiving a letter regarding a workman's compensation recovery program. They will analyze our program to see if there was any over payment. There is no charge for this service unless we receive a refund, then they take a percentage of it. Commissioner Finster suggested this be looked at closely. Commissioner Balajka said he questioned Lori Hunnicutt regarding workers compensation cases concerning the number of cases coming from the hospital and how they may affect out policy. He asked if anyone wished to speak to her regarding the insurance. Commissioner Finster stated that out claims are not being processed properly regarding workman's comp. This is to be put on a future agenda. THE COURT ADJOURNED AT 2:25 P.M. Will meet at 9:00 A.M. in the morning. 0 L SPECIAL AUGUST TERM HELD AUGUST 1, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 1 st day of August, A.D., 2001 there was begun . and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pet. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pet. 4 (ABSENT) Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. PREPARATION OF 2002 ANNUAL AND FISCAL BUDGETS The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 12:00 P.M. (This meeting was re -scheduled from July 31, 2001.) THE COURT RECESSED. • SPECIAL AUGUST TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD AUGUST 7, 2001 BE IT REMEMBERED, that on this the 7th day of August, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster (ABSENT) Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 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. PREPARATION OF 2002 ANNUAL AND FISCAL BUDGETS The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 11:45 P.M. THE COURT RECESSED. 470 SPECIAL AUGUST TERM HELD AUGUST 9, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § • BE IT REMEMBERED, that on this the 9th day of August, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pct. 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 (ABSENT) Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. PREPARATION OF 2002 ANNUAL AND FISCAL BUDGETS The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 11:45 A.M. is THE COURT RECESSED. REGULAR AUGUST TERM HELD AUGUST 13, 2001 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 13th day of August, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular 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 County Judge • Roger C. Galvan Commissioner, Pct. 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Anita Fricke Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. 471 PUBLIC HEARING ON APPLICATION TO ABANDON ROADS AND PARKS AT ALAMO BEACH Judge Marshall opened the public hearing at 10:01 A.M. on the application to abandon roads and parks at Alamo Beach (being 0.137 acre and 0.185 acre tracts, part of San Antonio Park; and 0.120 acre and 0.24 acre tracts, part of Alamo Beach Boulevard; 0.121 acre tract of Alamo Boulevard; and a 0.18 acre tract of Houston Park). • Shannon Salyer, Attorney for Donnie L. Marek, Louis Jarmon and Sam McCormick, reported all notices were published and posted as required. All of the applicants, consolidated under one application, were present in Court. Mr. Salyer said most of the public parks are under water or covered by rip -rap and have no public access. Terry Hargus, a citizen, spoke in favor of the application. There being no other public comment, the public hearing was closed at 10:04 A.M. APPLICATION TO CLOSE AND ABANDON ROADS AND PARKS AT ALAMO BEACH, CALOUN COUNTY, TEXAS TO THE HONORABLE COMMISSIONER'S COURT OF CALHOUN COUNTY: Donnie L. Marek, Louis Jarmon and Sam McCormick are the owners of the real properties located on the sides of the roadways and parks sought to be closed and abandoned, which roadway and parks are described as being part of the Alamo Beach Townsite, being a 0.137 ace tract more or less and a part of San Antonio Park and being a 0.120 acre tract of Alamo Beach Boulevard, more or less, as shown on the attached survey (Marek tract) and being a 0.18 acre tract more or less and a part of Houston Park • and being a 0.24 acre tract more or less, of Alamo Beach Boulevard, as shown on the attached survey (Jarmon tract) and being a 0.185 acre tract more or less being a part of San Antonio Park and being a 0.121 acre tract more or less of Alamo Boulevard, as shown in the attached survey (McCormick tract), as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas. Donnie L. Marek, Louis Jarmon and Sam McCormick are making application to the Calhoun County Commissioner's Court for the abandonment of these roads and park properties as described. A HEARING HAS BEEN SCHEDULED IN COMMISSIONERS COURT FOR: The 13t° day of August, 2001, at 10:00 o'clock a.m. in the Commissioners Court Room, Calhoun County Courthouse, 211 S. Ann, Port Lavaca, Texas. At the hearing the Commissioners Court will determine whether the parks and roads should be closed and abandoned. All interested persons desiring to protest the closing and abandonment is DIRECTED TO APPEAR AT THE TIME AND PLACE OF THE HEARING. Notice of this Application to close and abandon roads and parks at Alamo Beach, • Calhoun County, Texas, has been published in the newspaper of general circulation in Calhoun County, Texas, once a week for 3 weeks prior to the scheduled hearing and has been posted for at least 21 days before the hearing at the following locations: 1. Courthouse Door in Calhoun County, Texas; 2. On the land sought to be abandoned at Alamo Beach; 3. On the door of the Circle H conveyance store near property. 472 This application is singed by eight (8) property owners in Precinct One (1) of Calhoun County, Texas. This application is governed by 251.051 of the Texas Transportation Code and its following provisions and 317.001 of the Texas Local Government Code and its following provisions. 5. ti • 6. � ry✓ L Shannon E. Salyer Attorney at Law P.O. Box I001 Port Lavaca, Texas 77979 361-552-6693 Attorney for Applicants 0.137 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OFCALHOUN BEING a 0.137 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of San Antonio Park as shown on said Alamo Beach Townsite Plat and this 0.137 acre tract • being more particularly described by metes and bounds as follows; BEGINNING at an existing 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard at the northeast comer of a 0.120 acre tract surveyed this day for the northwest comer of the herein described tract, said iron rod being located South 100 47' 00" East (hearing basis) with the west right-of-way of said Alamo Boulevard a distance of 224.93 feet and north 790 16' 00" East crossing said Alamo Boulevard a distance of 69.93 feel from an existing 5/8 inch von rod at the northeast corner of Block 41 of the Alamo Beach Townsite; THENCE North 790 16' 00" East and crossing said San Antonio Park at 50.11 feet pass an existing 5/8 inch iron rod on line and continuing for a total distance of 79.30 feet to a point on the west shoreline of Lavaca Bay for the northeast corner of the herein described tract; THENCE with the shoreline of Lavaca Bay for the following courses and distances; South 000 55' 54" East for a distance of 15.81 feet, South 1 So 58' 50" East for a distance of 37.87 feet, and South 32' 25' 22" East for a distance of 23.22 feet to a point for the southeast comer of the herein described tract; THENCE South 790 13' 00" West crossing said San Antonio Park at 58.53 feet pass a set 5/8 inch iron rod on line and continuing for a total distance of 88.52 feet to a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of San Antonio Park at the southeast comer of a 0.120 acre tract surveyed this day for the southwest comer of the herein described tract; THENCE North 10° 50' 25" West with the east right-of-way line of Alamo Boulevard and the west line of said San Antonio Park for a distance of 74.94 feet to the POINT OF • BEGINNING, Containing 0.137 acre of land. Bearings arc based on hearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my supervision in May 2001. A4'a'A'� Ganem & Kelly Surveying, Inc. By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 473 • 0.120 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.120 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of Alamo Boulevard adjacent to Lot 7, Block 41 of said Alamo Beach Townsite and this 0.120 acre tract being more particularly described by metes and bounds as follows; BEGINNING at an existing 5/8 inch iron rod in the west right-of-way line of Alamo Boulevard, at the southeast comer of Lot 6 and a northeast corner of Lot 7, Block 41 of the Alamo Beach Townsite for the northwest corner of the herein described tract, said iron rod being located South 10' 47' 00" East a distance of 224.93 feet from an existing 5/8 inch iron rod at the northeast comer of Block 41 of said Alamo Beach Townsile; THENCE North 79' 16' 00" East and crossing said Alamo Boulevard for a distance of 69.93 feet to an existing 5/8 inchvon rod in the east right-of-way line of Alamo Boulevard and the west line of the San Antonio Park as shown on said Alamo Beach Townsite Plat, at the northwest comer of a 0.137 acre tract surveyed this day for the northeast corner of the herein described tract; THENCE South 10' 50' 25" East with the east right-of-way line of Alamo Boulevard and the west line of San Antonio Park for a distance of 74.94 feet to a set 5/8 inch iron • rod at the southwest comer of said 0.137 acre tract surveyed this day for the southeast comer of the herein described tract; THENCE South 79' 13' 00" West and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 518 inch iron rod in the west right-of-way line of Alamo Boulevard at the northeast comer of Lot 8 and the southeast comer of Lot 7 of said Alamo Beach Townsite for the southwest comer of the herein described tract; • THENCE North 10' 47' 00" West (bearing basis) with the west line of Alamo Boulevard and the east line of said Lot 7 for a distance of 75.00 feet to the POINT OF BEGINNING, Containing 0.120 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above .legal description was prepared from an actual survey made on the ground under my supervision in May 2001. Ganem & Kelly Surveying, Inc. By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 Donnie L. Marek 474 O ti Lu 1A1 D ti Ll 5 W 51' IBM � ROOF FOUND WO ~ HORM EAST v) CORNER 01 Q BLOCK 11 W • 'Ir IRON ROD SET MESS 0THERIIISE NOTED BEARINGS RECORD BASED BY ME OEM INGS OF RECD AS NE,,.D IH VELULE V PAGE DI 6 THE DEED RECORDSBY CALHOM COUNTY. TEXAS C THE MOVC PLAT VAS PREPARED EROI AN ACTUAL Y. SURVEY WE ON THE GROUND UNDER NY SUPERVISION IN Ll OMEN A TELLY SURVEYING. INC. BY : GEORGE A. OANEN. JR. REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS W. 1681 —F(L---_GANEM & LAVACA BAY SHORELINE LAVACA BAY 15 00'55'SA' E 15.01' 2 S 6. 58'50E 37.Bi' 3 S 32-285 22: E 23 2' I 2 7ti IBM ROD FOUND 0n 0.137 ACRES $_ 8 y IRON ^ BE,E i N 10'50'25- Y 74.9P S 10'S0'25' E 11.91' 8 w 0.120 ACRES 5 .0'17100' E 224.91.ae, BEARING B615 .. .. III EAST NA IN STREET EGRA. TEXAS T1951 13611 T02-3TI6 4681 flW DONE L. HAREM V0.UIE III PAGE 70 OFFICIAL RECORDS LOT 6 1 LOT 7 RVEYING, INC. LAW STREET. SUITE 5 POINT COEORT. TEXAS 71978 061 IST-2011 LOT 8 UHAWN BY : KELLY CHECKED BY: G.A.G. APPROVED BY: G.A.G SAN ANTONIO PARK ALAMO BOULEVARD ! 70'1 ALAMO BEACH TOWNSITE VOLUME V PAGE 01 DEED RECORDS BLOCK 41 LOT 9 LOT 10 00' ALLEY CRE TRACT d A 0.117 ACRE ALAMO BEACH TOWNSITE E DEED RECORDS OF SCALE: 1' = 60' DATE: 05/23/2001 JOB NO. PCOI-081 LOT 11 DONNIE L. MAREK DRAWING NO. PCOI-081 Ll • Louis Jan -non 2 0. 18 Acre and 0.24 Acre STATE OF TEXAS COUNTY OF CALHOUN Part of Houston Park And Alamo Boulevard, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. DESCRIPTION of a 0.18 acre tract, more or less, being part of Houston Park of Alamo Beach Townsite and a 0.24 acre tract, more or less, being part of Alamo Boulevard as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas. These two tracts being more fully described as follows: Tract One: 0.18 Acre BEGINNING at a 5/8 inch iron rod with a red plastic cap set for the West comer of this 0.18 acre being described and being the point of intersection of the Southeast line of East Lee with the Northeast line of Alamo Boulevard of the aforesaid Alamo Beach Townsite. Said set 5/8 inch iron rod bears N 55° 10' 00" E a distance of 70.00 feet from a 5/8 inch iron rod found marking the North comer of Lot 4, Block 59, Alamo Beach Townsite; THENCE, N 55" 10' 00" E, a distance of 45.57 feet to a point for comer at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 32° 48' 20" E, 42.00 feet, S 550 40' 52" E, 31.94 feet, N 73° 58' 27" E, 25.62 feet, AND S 00° 56' 04" W, 86.16 feet to a point for comer; THENCE, S 55- 10' 00" W, a distance of 29.34 feet to a 5/8 inch iron rod with a red plastic cap set for comer at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, N 34° 50' 00" W, with the said Northeast line of Alamo Boulevard, same being the Southwest line of Houston Park, for a distance of 150.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.18 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. Tract Two: 0.24 Acre BEGINNING at a 5/8 inch iron rod found marking the North comer of Lot 4, Block 59 of the Alamo Beach Townsite. Said found 5/8 inch iron rod being at the point of intersection of the Southwest line of Alamo Boulevard and the Southeast line of East Lee and being the West comer of this tract being described; THENCE, N 550 10' 00" E, a distance of 70.00 feet to a 5/8 inch iron rod with a red plastic cap set for comer at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, S 34" 50' 00" E, with the said Northeast line of Alamo Boulevard, same being the Southwest line of Houston Park, Alamo Beach Townsite, a distance of 150.00 feet to a 5/8 inch iron rod with a red plastic cap set for the East comer of this tract; 476 THENCE, S 55e 10' 00" W, a distance of 70.00 feet to a 5/8 inch iron rod found for comer marking the East comer of Lot 5, Block 59, Alamo Beach Townsite; THENCE, N 34e 50' 00" W (Base Bearing), a distance of 150.00 feet with the Southwest line of Alamo Boulevard, to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.24 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in November 2000, and is true and correct to the best of my knowledge and belief. 15`:•�CSTE'19s� F.Q.E .DavID w..GANN . DD VID W. GANN 9o•38i5•��,q. �.F'.REGISTERED PROFESSIONAL LAND SURVEYOR �9ri'nFEss` ;40., NO. 3816 NOTE: 1) Bearings are based on the recorded Subdivision Plat of Alamo Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Comers are as shown on the accompanying Survey Drawing. Job No. 1295-005 • 2 • 4'7"7 • SqN PqR7. pNI p LAVACI4 BAY Ex41N9 Slaw=IM. D PARIKO (ALAMO BLOCK 58 •W ,NN S55'40'52'E n 'v 31.94' , ? •B. HOUSTON o. YAe ACRE' n U� PARK w'+I o 0o BOULEVARD) J. 0.E4 ACRAE' O. I � � (Base Bearing) 4 ia' emC ALLEY TF_ 3 $ 8 8 ve.oa 75.w BLOCK 59 S 10 2 15 14 913 11 lw.00' 12 • NARCISCO CABAZ�S SURVEY, A-3 AVENUE ALAMO ALAMO BEACH TOWNSITE AVENUE) (HOUSTON VOL. v, 1 G 01 Denates Set 5/8^ LR �' PLAT- O Denotes Fnd. 5/8" I.R.With Plastic Cap ( ) Denotes Reoo+ded Plat Name 1, DAVID W. CANN,A REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN NOVEMBER 2000. AND THAT CORNERS ARE AS SHOWN HEREON z�aJ DA 1D W. CA REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 • I NOTE, f) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 3) BEARINGS EASEMENTS WERE LOCATED OTHER THAN ON THE RECORDED NOTHOSE SHOWN HEREON. LOUIS JARMON G & W ENGINEERS INC. BSINO 0.Z4 ACRE k 0.18 ACRE. MOM OR LESS. SITUATSD IN THS NARCISM CABAZOS SURVEY A—S, ALAMO BEACH ^^_ '•• • ^•c^• • • +_• __^ .enn nnn+ �..,.... +,....^ TOINSITE, CALHOUN COUNTY. TEXAS. m s 0.121 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.121 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a pan of Alamo Boulevard adjacent to Lot 8, Block 41 of said Alamo Beach Townsite and this 0.121 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch iron rod in the west right-of-way line of Alamo Boulevard, at the southeast comer of Lot 7 and a northeast corner of Lot 8, Block 41 of the Alamo Beach Townsite for the northwest comer of the herein described tract, said iron rod being located South 10' 47' 00" East a distance of 299.93 feet from an existing 5/8 inch von rod at the northeast comer of Block 41 of said Alamo Beach Townsite; THENCE North 79' 13' 00" East and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of the San Antonio Park as shown on said Alamo Beach Townsite Plat, at the northwest comer of a 0.185 acre tract surveyed this day for the northeast comer of the herein described tract; THENCE South 100 47' 00" East with the east right-of-way line of Alamo Boulevard • and the west line of San Antonio Park for a distance of 75.00 feet to a set 5/8 inch 'von rod at the southwest comer of said 0.185 acre tract surveyed this day for the southeast comer of the herein described tract; THENCE South 79' 13' 00" West and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 518 inch von rod in the west right-of-way line of Alamo Boulevard at the northeast comer of Lot 9 and the southeast comer of Lot 8 of said Alamo Beach Townsite for the southwest comer of the herein described tract; THENCE North 100 47' 00" West (bearing basis) with the west line of Alamo Boulevard and the east line of said Lot 8 for a distance of 75.00 feet to the POINT OF BEGINNING, Containing 0.121 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my, supervision in May 2001. Ganem &Kelly Surveying, Inc. By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 Sam McCormick • 479 0.185 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.185 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of San Antonio Park as shown on said Alamo Beach Townsite Plat and this 0.185 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 518 inch iron rod in the east right-of-way line of Alamo Boulevard at the northeast comer of a 0,121 acre tract surveyed this day for the northwest comer of the herein described tract, said 'von rod being located South 100 47' 00" East (bearing basis) with the west right-of-way of said Alamo Boulevard a distance of 299.93 feet and North 79' 13' 00" East crossing said Alamo Boulevard a distance of 70.00 feet from an existing 5/8 inch von rod at the northeast corner of Block 41 of the Alamo Beach Townsite; THENCE North 790 13' 00" East and crossing said San Antonio Park at 29.98 feet pass a set 5/8 inch iron rod on line and continuing for a total distance of 88.52 feet to a point on the west shoreline of Lavaca Bay for the northeast corner of the herein described tract; THENCE with the shoreline of Lavaca Bay for the following courses and distances; South 530 07' 51" East for a distance of 22.05 feet, South 24° 04' 47" East for a distance of 43.47 feet, and • South 270 58' 21" East for a distance of 17.16 feet to a point for the southeast comer of the herein described tract; THENCE South 790 13' 00" West crossing said San Antonio Park at 83.44 feet pass a set 5/8 inch iron rod on line and continuing for a total distance of 118.44 feet to a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of San Antonio Park at the southeast comer of a 0.121 acre tract surveyed this day for the southwest comer of the herein described tract; THENCE North 100 47' 00" West with the east right-of-way line of Alamo Boulevard and the west line of said San Antonio Park for a distance of 75.00 feet to the POINT OF BEGINNING, Containing 0.185 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my supervision in May 2001. • J r.✓!^ Ganem & Kelly Surveying, Inc. By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 Sam McCormick QM I I, ti W W Ot W IBM RO � flp0 FgIXO ~ "-IN EAST Ln CPMER OF ¢ BLOCK Ml W 54' IBM ROD SET NGESS OTHERVISE NOTEO BEARINGS ARE BASED M THE BEARINGS M RECORD AS RECORMD IN VCLNC V PAGE 01 OF ME DEED RECMM L OF CALHOM COMITY. TEAS THE MOVE PLAT VAS PREPARED FRM AN ACNAL \Y\ SURVEY MADE M RE CHAING UNDER W SUPERVISIM IN MAY =I. A w DAWN 8 NELLY SLWVEYING. INC. BY : GEORE A. GANEV. JR. REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS NO. 401 GANEM & KE III EAST WIN STREET \ Eq4. TEXAS 7795I uan raz-ma LAVACA BAY 5XORELIXE LAVACA BAY 2 I S 53'01'S1' E EE.OS' 2 5 21'01't]' E II. Mi' I l 5 2]'$8'2P E li. IS 0.185 ACRES 8 0.121 ACRES S 10'11'00' E BEYIING BASIS SAN ANTONIO PARK ALAMO BOULEVARD ! 70' 1 !F`! I I �� RECORDS I ALAMO BEACH TOWN SITE A GANEM JR. OFFICIAL 11 REccaos VOLUME V PAGE O! 4681 P; DEED RECORDS FsS% BLOCK 41 LOT 6 1 LOT 7 RVEYING, INC. LAWN STREET. SUITE 5 POINT CONTORT. TEXAS 17979 (961) 907-2011 2 2 z LL ti ¢ W LOT 8 LOT 9 I LOT 10 I LOT II 20' ALLEY PLAT SHOWING A 0.121 ACRE TRACT A A 0.185 ACRE TRACT SITUATED IN THE ALAMO BEACH TOWNSITE S A M M c C O R M I C K VOLUME V PAGE 01 OF THE DEED RECORDS OF CALHOUN COUNTY, TEXAS PROJECT: DRAWN BY : KELLY B. SCALE: i' = 60, DRAWING NO. CHECKED BY: G.A.G. DATE: OS/23/2001 P C C I- C° C APPROVED BY: G.A.G. JOB NO. PC01-080 r U VA 00 CALHOUN COUNTY COMMISSIONERS' COURT 0 Instructions- Fill out all appropriate blanks. Please print or write legibly. N Home Address 4G6% Home Employer's Telephone Do you represent any particular group or organization?_ZZ0 If you do represent a group or organization, please state the name, address and telephone number of such group or organization Which agenda Item i ms do You wish to address?AV,�P:ZW/tf&W— > In general, are you for or against such agenda item (or items) • NOTE: This &blic P7akW lnn FOrin must be presented to the County Clerk prior to the time that the agenda item (or items) you wish to address are discussed before the Court. APPLICATION TO ABANDON ROADS AND PARKS AT ALAMO BEACH A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to table this agenda item until further notice. In discussion, Commissioner Galvan stated he wanted to double-check this. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BIDS AND PROPOSALS — FUEL • The following bids were received for fuel beginning August 16, 2001 and ending September 15, 2001 by Lesa Casey and Rita Miller and read in Court by the County Auditor. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to award the bid for delivered fuel to Diebel Oil Company and the bid for the automatic card system fuel to Mauritz and Couey. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. W FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL, WE THE UNDERSIGNED, AGREE TO FURNISH FUEL, ACCORDING TO THE ATTACHED FUEL SPECIFICATIONS, USING AN AUTOMATED CARD SYSTEM, TO THE COUNTY'S SHERIFF'S DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL, EMERENCEY MEDICAL SERVICE AND OTHER VEHICLES AS DESIGNATED FROM TIME TO TIME BY THE COMMISSIONERS COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE FOLLOWING TWENTY-FOUR HOUR AVAH.ABHdTY LOCATION: PRICE P,bR GALLON UNLEADED GASOLINE Seo MID GRADE S 99 PREMUIM UNLEADED GASOLINE S /03 DIESEL FUEL $ �S LOCATION://Q (.1 , Au Ti,j Ss (MUST BE WITHIN THE CITY OF PORT LAVACA OR WITHIN A (5) FIVE MILE RADIUS OF THE CITY OF PORT LAVACA.) THE CONTRACT WILL BE FOR THE PERIOD BEGINNING AUGUST 16, 2001 AND ENDING SEPTEMBER 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT INVOICES ON PURCHASES TO THE PURCHASING DEPARTMENT. PRICE QUOTED DO NOT INCLUDE TAXES. NAME OF 0. /'�oK 170U CITY,STATE,ZIP: PHONE NUMBER: Sr2 - 7 c U V- ' &S ". I TITLE: 'Oaf'/L_ r/ - /L DATE: J — L 7 - O l4,2 • • i FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. PRICEIGALLON X APPROXIMATE = TOTAL GALLONS/MO UNLEADED GASOLINE $ 98 PREMIUM UNLEADED GASOLINE $_ /a -3 DIESEL FUEL (LOW SULFUR) $_ X 3800 = $ :33LI/.00 X 4000 = $ 4 /a 0• d O X 2500 = $ A 102s-- Q O TOTALBIDPRICE $ THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING AUGUST 16, 2001 AND ENDING SEPTEMBER 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: am 0 CITY, STATE, ZIP: Pip-7-Lam/ /ac-A T)c -]i � Z , PHONE NUMBER: -ES 'Z- -7 Cc `/ PRINT NAME: 6 M c AUTHORIZED SIGNATURE: TITLE: DATE: '7 - 2 7 -'j MF FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. PRICE/GALLON UNLEADED GASOLINE $ .0c) PREMIUM UNLEADED GASOLINE $,q '/ X APPROXIMATE = TOTAL GALLONS/MO X 3800 = X 4000 = DIESEL FUEL (LOW SULFUR) $ , U a X 2500 TOTAL BID PRICE THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING AUGUST 16, 2001 AND ENDING SEPTEMBER 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: PHONE NUMBER: `� r 224 4 REPORT ON VACANT OFFICE SPACE AT MEMORIAL MEDICAL PLAZA Buzz Currier, Hospital Administrator, distributed a sketch of the available space at the Memorial Medical Plaza for offices. He said they could work out the leasing of space without the bidding process. This can be advertised; will check the laws for anything that would prohibit to whom space can be leased. Spaces are presently leased to a bank and a barbershop. These leases were in effect when the hospital purchased the mail. He said they are in no hurry and wish to work with the Court. Commissioner Floyd suggested checking with the hospital board for their views as to what should be a favorable term for the lease. He asked why this would not be bid. Mr. Currier said they would be free to advertise the lease space on an on -going basis — would be more convenient. The spaces are unfinished and would require an investment from someone to finish. Commissioner Floyd asked Mr. Currier to check with the hospital board and report back to the Court. i i i 1 • `J • rn m m rn rn w R1 C E O S Tl n n w W n w n w n w n w m I3sl > L+ p P K 9C x ry •a a *� r v Y rb WW M A 0 ^ M APPLICATION TO AMEND PORTION OF AMERICAN TOWNSUE COMPANY SUBDIVISION PLAT — FOR SEAPORT LAKES SUBDIVISION Howard Marek, attorney for S.E.A., a partnership, submitted an application to have part of the American Townsite Company Subdivision vacated and the plat amended for the purposes of developing a new subdivision, Seaport Lake Subdivision, Phase I. He reported that the property owners, who are present at Court, will post and publish notices. Mr. Marek stated that he still needs to make sure there is access to the north side of the land if Phase II and Phase III are not developed. The original American Townsite Company Subdivision rights -of -way will remain; they are asking to abandon only certain tracts. Commissioner Finster asked that they clarify and designate the area to be abandoned in the American Townsite Company Subdivision. Robbie Gregory discussed the drainage, saying they have not altered the natural state. GBRA has orally agreed to take over any well drilled to operate and distribute the water. . They are considering a plan where GBRA will put in a ground storage system at the comer of Highway 185 and Highway 1289 and lay pipeline to furnish water to the subdivision and others. Mr. Grover Lee and sister Elizabeth Lee, citizens who own property adjacent to Lane Road, expressed concern about the rights -of -way. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the preliminary amended plat of the American Townsite Company Subdivision and canceling a portion of same for Seaport Lakes Subdivision Phase I. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. (The Court will take action on this on Friday.) APPLICATION FOR CANCELLATION AND REVISION OF PLAT FOR A PORTION OF THE AMERICAN TOWNSITE COMPANY SUBDIVISION STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: • COUNTY OF CALHOUN § THAT, SEA, a Texas General Partnership, is the owner of a 368.94 acre tract of land described on the attached exhibit, being a part of the AMERICAN TOWNSITE COMPANY SUBDIVISION as recorded in Volume Z, Page 2 of the Plat Records of Calhoun County, Texas; and SEA hereby makes Application to cancel the plat of the AMERICAN TOWNSITE COMPANY SUBDIVISION as it applies to all of such 368.94 acres and to re -subdivide portions of such property into a subdivision known as SEAPORT LAKES, the proposed map and plat of which is to be filed with the Commissioner's Court, all pursuant to §232.008 and §232.009 of the Texas Local Government Code. Executed this /O day of July, 2001. HOUSTON, MAREK & GRIFFIN, L.L.P. P.O. Box 2329 Victoria, Texas 77902-2329 361-573-5500 Telephone 361-570-2184 Facsimile By. •H W MAREK Attorney for Applican ERE ' EXHIBIT A . FIELDNOTE DESCRIPTION 368.94 ACRES NET PART OF THE AMERICAN TOWNSITE COMPANY SUBDIVISION AND THE ABANDONED ST. LOUIS, 9ROWNSVILLE AND MEXICO RAILROAD THE STATE OF TEXAS COUNTY OF CALHOUN FIELDNOTE DESCRIPTION for a 368.94 acre tract or parcel of ground being all of TRACTS 1448-1491, 1570-1578, 1633-1645, 1647, 1723, 1725-1727, 1729-2737, 1789-1805, 1877-1892, AMERICAN TOWNSITE COMPANY SUBDIVISION as recorded in Volume 2 Page 2 among the Plat Records of Calhoun County, Texas and being 'all of a 1.97 acre tract and a 0.957 acre tract to Freeman K. Dierlam as recorded in Volume 279 Page 87 of the Deed Records of said county and being part of the ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD and being more particularly described by metes and bounds as follows: POINT OF BEGINNING 1 BEGINNING at a 5/8 inch iron rod set on the north line of State Highway 185 (130 foot ROW), said point being on the apparent southwest line of Block H of the Calhoun County Cattle Company Subdivision of the Port O'Connor Pasture as recorded in Volume 1 Page 1 of the Deed Records of said county, said point also being on the northeast line of said Tract 1805 extended across said ABANDONED ST. LOUIS, • BROWNSVILLE AND MEXICO RAILROAD, said point being the east corner of said 1.97 acre tract to Freeman K. Dierlam as recorded in Volume 279 Page 87 of the Deed Records of said county; THENCE S 84 deg 03 min 54 sec W, 1448.67 feet with the common line of said 1.97 acre tract and said State Highway 185 as recorded in Volume 263 Page 601 of the Deed Records of said county to a 5/8 inch iron rod set; THENCE N 28 deg 32 min 05 sec W, 1032.39 feet with the common line of said Tract 1804 and Tract 1724 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD, and then with the common line of said Tracts 1804- 1802 and Tract 1724 to a corner fence post; THENCE S 61 deg 21 min 47 sec W, 251.01 feet with the common line of said Tract 1725 and Tract 1724 and with an existing fence to a corner fence post; THENCE S 28 deg 32 min 06 sec E, 927.46 feet with the common line of said Tract 1723 and Tract 1724 and with an existing fence and then with the common line of said Tract 1723 and Tract 1724 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD to a 5/8 inch iron rod set; THENCE S 84 deg 03 min 54 sec W, 654.00 feet with the common line of said 1.97 acre tract and said State Highway 185 as recorded in Volume 263 Page 601 of the Deed Records of said county to a 5/8 inch iron rod set; THENCE N 28 deg 40 min 24 sec W, 676.13 feet with the common line of said Tract 1647 and Tract 1646 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD, and • then with the common line of said Tract 1647 and Tract 1646 to a 5/8 inch iron rod set; Page 1 EXHIBIT A THENCE S 61 deg 27 min 54 sec W, 463.58 feet with the Common line of said Tract 1645 and Tract 1646 to a 5/8 inch iron rod set; THENCE S 28 deg 32 min 06 sec E, 482.48 feet with the common line of said Tract 1570 and Tract 1646 then with the common line of said Tract 1570 and Tract 1646 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD to a railroad spike set; THENCE S 84 deg 03 min 54 sec W, 1406.64 feet with the north line of said State Highway 185 as recorded in Volume 263 Page 601 of the Deed Records of said county to a 5/8 inch iron rod set; THENCE N 28 deg 04 min 26 sec W1.1221.96 feet with the common line of said Tract 1491 and Tract 1418 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD, and then with the common line of said Tracts 1491- 1488 and Tracts 1418-1420 and with an existing fence to a 5/8 inch iron rod set; THENCE N 61 deg 19 min 36 sec E, 662.27 feet with the common line of said Tract 1488 and Tract 1487 to a 5/8 inch iron rod set; THENCE N 28 deg 40 min 24 sec W, 330.00 feet with the common line of said Tract 1575 and Tract 1487 and with an existing fence to a corner fence post; • THENCE N 28 deg 38 min 37 sec W, 988.68 feet with the common line of said Tracts 1576-1578 and Tracts 1486-1484 and with an existing fence to a corner fence post; THENCE N 61 deg 30 min 17 sec E, 644.30 feet with the common line of said Tract 1578 and Tract 1579 and with an existing fence to a 5/8 inch iron rod set at a corner fence post; THENCE N 28 deg 12 min 54 sec W, 1630.70 feet with the common line of said Tracts 1637-1633 and Tracts 1579-1583 and with an existing fence to a corner fence post; THENCE N 60 deg 58 min 21 sec E, 2650.56 feet with the common line of said Tracts 1633, 1737, 1789, 1892 and Tracts 1632, 1738, 1788, 1893 and with an existing fence to a 5/8 inch iron rod set at a corner fence post; Pane 2 • 489 EXHIBIT A THENCE S 28 deg 21 min 57 sec E, 5841.98 feet with the common line of said Tracts 1892-1877, 1805 and said Block H of the Calhoun County Cattle Company Subdivision of the Port O'Connor Pasture as recorded in Volume 1 Page 1 of the Deed Records of said county, said line also being the southwest line of a 5,052.26 acre tract to Verheul Ranches, Ltd as recorded in Volume 235 Page 73 of the Official Records of said county, and also with an existing deer fence and then with the northeast line of said Tract 1805 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD to the POINT OF BEGINNING; CONTAINING 373.94 GROSS ACRES OF LAND, less the following described TRACT 1728: COMMENCING at the POINT OF BEGINNING 1 above described; • THENCE N 55 deg 38 min 57 sec W, 2859.28 feet by a direct tie to a 5/8 inch iron rod set at the POINT OF BEGINNING 2 of this description, said point being the southeast corner of said Tract 1728; THENCE with said Tract 1728 the following courses: S 61 deg 19 min 36 sec W, 660.00 feet to a 5/8 inch iron rod set; N 28 deg 40 min 24 sec W, 330.00 feet to a 5/8 inch iron rod set; N 61 deg 19 min 36 sec E, 660.00 feet to a 5/8 inch iron rod set; S 28 deg 40 min 24 sec E, 330.00 feet to the POINT OF BEGINNING; CONTAINING 5.00 ACRES OF LAND leaving a NET AREA of 368.94 ACRES. Bearings based on a GPS Survey, WGS-84 Datum. A plat accompanies this Metes & Bounds description. This fieldnote description was prepared from an actual survey mad on-b�ground on May 23, 2001 and is true and correct to e at of my knowledge and belief. C LES D. SUMMERS DATE EGISTERED PROFESSIONAL LAND SURVEYOR, TEXAS NO. 2081 TEL 361-573-3004 JOB NO. 7242 WP FILE NO: 7242 NOTICE OF APPLICATION FOR CANCELLATION AND REVISION OF PLAT FOR A PORTION OF THE AMERICAN TOWNSITE COMPANY SUBDIVISION Notice is given to all interested persons that on August 13, 2001, at 10:00 a.m., the Calhoun County Commissioner's Court will consideran Application for the Cancellation and Revision of Plat for a Portion of the AMERICAN TOWNSITE COMPANY SUBDIVISION, being that part described as Tracts 1448-1491,1570-1578,1633-1645,1647,1723,1725-1727,1729-1737,1789- 1805, 1877-1892, with a portion of said lands to be re -subdivided as a subdivision known as SEAPORT LAKES. All persons interested in property located in the AMERICAN TOWNSITE COMPANY SUBDIVISION and who wish to protest the proposed cancellation and revision should • appear on the date and time specified above, at Commissioner's Courtroom in the Calhoun County Courthouse. ARLENE MARIALL,Calhoun CountyJudge M PORT O'CONNOR COUNTRY CLUB CONDOMEgUM — PLAT APPROVED Charlie Summers, with Ellis and Summers Surveying, presented a plat of the Port O'Connor Club, a condominium, for approval of the Court. Commissioner Finster pointed out that the original permit was an elevation permit and not a building permit. . Commissioner Balajka thought the shooting range area is too close to the Powderhorn Ranch. Mr. Mark Deer, owner, stated that this was not originally conceived as a condo — it was a limited partnership where each person owned their own unit. He cited the requirement in #82 of the Local Government Code. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the plat of the Port O'Connor Country Club. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ALA WAI VILLAGE SUBDIVISION — ROADS ACCEPTED AS COMPLETE David Gann, with G & W Engineers, asked the Court to accept the public roads in Ali Wai Village. He stated Mr. Epright, owner, donated 700 yards of sand out of this project to the Port O'Connor Pavilion. A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to accept the roads in Ali Wai Village Subdivision as complete. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. CONTRACT FOR LOAN OF CARONNADE WITH TEXAS HISTORICAL COMMISSION Henry Pongratz of Port O'Connor, who is working with the Texas Historical Commission on placement of the loan of the caronnade, asked the Court's approval on the Agreement • and authorization for the Judge to sign. He said the Friends of the Port O'Connor Library will raise the money for the carriage and the alarm system in the library. Representative Gene Seamans has donated the first $1,000. The value of the caronnade is $3,000 or less. A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to enter into a contract with the Texas Historical Commission for loan of the caronnade and authorize the County Judge to sign the agreement. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. The library contact is Shirley Gordon, Port O'Connor Branch librarian. Ii8 OA TEXAS RICK PERRY, GOVERNOR HISTORICAL JOHN L. NAU, III, CHAIRMAN COMMISSION F. LAWERENCE OAKS, EXECUTIVE DIRECTOR The State Agency for Historic Preservation LOAN NUMBER L2001-1 . LOAN AGREEMENT The Texas Historical Commission agrees to loan the following item to the Calhoun County Commissioner's Court for display at Port O'Connor Branch of the Calhoun County Library in Port O'Connor, Texas. The loan includes the following item: 1 cast iron cannon, of a type known as a carronade, bearing the following marks: on the end of the right trunnion the word "SOLID" and the number "7", on the end of the left trunnion the letters "LM" identifying the Low Moor foundry as the place of casting; 49JL This cannon was recovered on July 7, 1999, from an unidentified shipwreck known as the Carronade Wreck, located at Pass Cavallo in Calhoun County. The Calhoun County Commissioner's Court agrees to accept the financial responsibility in the care and condition of the cannon and further agrees to the stipulations listed in Attachment A, which is incorporated into this agreement as if set forth fully herein.. The period of the loan is one year with the option for annual renewal at the written request of the Calhoun County Commissioner's Court. The Texas Historical Commission reserves the right to cancel the loan or remove the loaned item from exhibit at any time. While in the custody of the Calhoun County Commissioners Court, the item(s) remain the property of the Texas Historical Commission on behalf of the State of Texas, and cannot be transferred into the custody of any • other person, organization or government body without the advance written approval of the Texas Historical Commission. Port O'Connor Branch, Calhoun County Library: Contact Name oS ./,4 /dirt Address pa, ?aq a ' v Ns-✓ � 77��, Phone Start Date of Loan/—�� F. Lawerence Oaks Executive Director Texas Historical Commission Date End date of Loan� G / , 1 Grij Arlene N. Marsthall- Calhoun Count Judge Of- :9 7- Date P.O. BOX 12276 • AUSTIN, TX 78711-2276 • 512/463-6100 • FAX 512/475-4872 • TDD 1-800/735-2989 w .thc.smte.tx w ATTACHMENT A, LOAN NUMBER L2001-1 1. Period of Loan: Page 1 of 2 The period of the loan is one year with the option for annual renewal at the written request of the Calhoun County Commissioner's Court. The Texas Historical Commission will examine the cannon at the time of the request for renewal of the loan and a Condition Report will be filed. The purpose of the inspection will be to evaluate the possible need for further conservation and the display conditions of the cannon. 2. Conservation The cannon, constructed of cast iron, underwent conservation treatment at the Conservation Research Laboratory at Texas A&M University in College Station, TX, where the conservation records are maintained. As no conservation treatment is permanent, these items may need additional treatment from time to time. The cannon will be inspected by the Texas Historical Commission at least annually, at the time of the loan renewal, to evaluate the need for additional conservation. If additional conservation is determined necessary, at the sole discretion of the Texas Historical Commission, the Calhoun County Commissioner's Court will accept full responsibility for the cost of the additional conservation treatment plus transportation of the cannon from the display facility to the conservation facility and return. 492 3. Display The cannon will be displayed in a manner suitable to the nature and history of the artifact and in an enclosure that will prevent viewers from touching the cannon. Plexiglas panels that keep viewers at a distance are appropriate. The display must be approved by the Texas Historical Commission. • 4. Security The display or display facility must provide security for the cannon in the form of an alarm system monitored at a central location 24 hours a day. The alarm system may be on the building or may be limited to the display itself. 5. Insurance The County will maintain insurance on both the facility and on the cannon at its own expense. For insurance purposes the value of the cannon is established by the Texas Historical Commission at $3,000. A certificate of insurance must he provided to the Texas Historical Commission naming the Texas Historical Commission as the insured party with respect to the cannon. 6. Photography and Citations Photography, reproduction, or replication of the cannon is permitted only with prior written approval by the THC Executive Director and may only be used for exhibition, educational, and research purposes. The THC must be credited in all publications and exhibitions associated with the cannon, including photographs, reproductions and replicas. Transportation shall be accomplished in a manner approved by the THC. • ATTACHMENT A, LOAN NUMBER L2001-1 Page 2 of 2 7. Condition Reports A condition report will be completed by the Texas Historical Commission staff immediately before and immediately after transport of the cannon. Copies of the condition reports will be available to the Port O'Connor Branch of the Calhoun County Library and the Calhoun County Commissioners Court. Condition reports will also be completed upon renewal of the loan period and at such time as the cannon is permanently removed from the Port O'Connor Branch of the Calhoun County Library. In the event that an emergency requires the removal of the cannon to a safer facility, the Texas Historical Commission will be notified immediately after the move and will complete a condition report at the earliest opportunity. 8. Transportation of Cannon The Texas Historical Commission staff is responsible for transporting the cannon to the Port O'Connor Branch of the Calhoun County Library at no cost to the Library. In the event that the cannon is removed from the Port O'Connor Branch of the Calhoun County Library, transportation and related expenses will be the responsibility of the Calhoun County Commissioners Court unless the Texas Historical Commission staff agrees to • accept the responsibility. 9. Notice of Loss or Damage In the event of the loss of or damage to the cannon, the Port O'Connor Branch of the Calhoun County Library shall notify the Texas Historical commission by telephone of such loss or damage within 24 hours of the discovery of such loss or damage. Written notice of such loss or damage, including a detailed description of the nature of such loss or damage shall be faxed to the Texas Historical Commission within 72 hours of the discovery of such loss or damage to (512) 463-8927. tsssssssssssssssstss***sssssss 493 C L LEASE OF MINERAL RIGHTS ON COUNTY PROPERTY LANDFILL SITE (LANGDON TRACT) Commissioner Balajka introduced Rex and Jim Stever of the Revets Corp. who have acquired the 1- interest of the Langdon heirs for lease of minerals. They now need the County's % interest in the landfill site tract, known as the Langdon tract. They offered $6,500 for the County's approval of same. Commissioner Balajka stated the Association of Counties required that this be set out for bids and a public hearing held. Approval of the lease is to be placed on the agenda for Friday. Nancy Pomykal, Justice of the Peace Precinct #5, addressed the Court on the new technology fee approved by the 77a' Legislature effective September 1, 2001 to 2005 in FIB 177, which allows a $4 additional fee in court costs. She asked the Court to adopt this fee along with a $.25 increase in the Drivers' Safety Course administrative fee. This will increase this total fee to $10. County auditor Ben Comiskey recommended that all the Justices of the Peace use the same computer system. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to adopt the Justices of the Peace's additional $4.00 court cost fee and to increase the driver's safety course administrative fee to $10 (increase of $.25) to make it an even amount effective September 1, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. STATE OF TEXAS COUNTY OF CALHOUN Order Creating a Justice Court Technology Fund and Establishing the Technology Fee, Pursuant to Article 102.0173, Code of Criminal Procedure The Commissioners' Court of Calhoun County hereby adopts the following order, pursuant to Article 102.0173, Code of Criminal Procedure: 1. A justice court technology fund is created to finance the purchase of technological enhancements of the justice court. All court costs collected under this order shall be maintained in the justice court technology fund in the county treasury, subject to expenditure by the Commissioners' Court as permitted by law. 2. Upon conviction or deferred disposition of an offense committed on or after September 1, 2001, the justice court shall collect a technology fee of $4.00 for deposit in the justice court technology fund. 3. This Order will expire on September 1, 2005 in accordance with Art. 102.0173, Code of Criminal Procedure. Read and adopted by a vote of 5 ayes and -0- nays this 131h day of August, 2001. County Clerk Arlene N. Mitrshall Calhoun County Judge MI GENERAL DISCUSSION The Court discussed the fee for serving civil papers on truancy cases. Commissioner Balajka asked why we aren't collecting the fee for serving civil papers in truancy cases and why isn't the school paying for this service. Truancy cases being civil or criminal • matters were discussed. Denise McKinney with the auditor's office will look into the matter. APPROVAL OF MINUTES A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the minutes of January 1, January 31, February 12, February 14, February 16, February 28, February 28 (Special) and March 9, 2001 meetings be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Arlene N. Marshall H. Floyd County Judge Commissioner, Pet. 43 Roger C. Galvan Kenneth W. Finster Commissioner, Pct. #1 Commissioner, Pct. #4 Michael J. Balajka Shirley Foester Commissioner, Pct. #2 Deputy County Clerk SALARY ORDER — AMENDMENT REQUEST • A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to amend the salary order for maintenance employees of Commissioner Precincts #1 and Precinct #2 making them equal with Commissioner Precincts #3 and 44. In discussion, Commissioner Finster questioned having two lead hands in the Precinct and Commissioner Floyd questioned having to vote on a Court member's salary order amendment instead of doing all the salary orders at the same time. Call for the question: Commissioners Balajka and Galvan voted in favor; Commissioners Floyd, Finster and Judge Marshall all voted against. The Motion failed. CONTRACT WITH VERIZON FOR COURTHOUSE AND ANNEX TELEPHONE SYSTEM MAINTENANCE A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to authorize the county Judge to enter into an annual maintenance agreement with Verizon for courthouse and annex telephone systems. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • 495 • 07/09/01 CALHOUN COUNTY COURTHOUSE 211 SOUTH ANN ROOM 304 PORT LAVACA, TX 77979 Dear JUDGE MARSHALL, Account Number: 10000001502 venzon Maintenance Contract Control Center 1907 U.S. Hwy 301 N. FLG2-510 Tampa, FL 33619-2639 Thank you again for choosing Verizon for your Communications Service Plan. Whenever possible, we try to keep your cost low and are proud to inform you that your new rate will remain the same as last years. The Annual rate will be $5,375.64 and your coverage hours will be 8:00 AM - 5:00 PM effective 08/25/01. Your coverage will continue automatically since you have a self -renewing contract. If your choose not to renew your Verizon Maintenance Plan, please send a letter of cancellation, thirty days in advance of the effective date, so that your contract will not be automatically renewed. Verizon will continue to service your business on a "time and material" basis at our prevailing rate. If you have any questions or feel your business needs have changed and it is necessary to adjust your coverage to accommodate these changes, please call me at 1-800-876-4832. You have trusted your Verizon Maintenance Plan to give you reliable • coverage, and we appreciate your business. Our dedicated team of specialists are at your service to assure that your communications system works properly. If you ever have a problem with our communications system, call Verizon repair at 1-800-343-4300, or if you require technical assistance, please call our Customer Helpline at 1-800-388-9801. Sincerely, Kevin Jones SENIOR ACCOUNT MANAGER ICE MACHINE IN PRECINCT #3 — SCRAP A Motion was made by Commissioner Floyd and seconded by commissioner Finster to declare one Manitowoc ice machine, Inventory #23-0097 in Precinct #3 as scrap and delete it from the inventory. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 0 RESOLUTION APPROVING TAX RESALE OF LOT.8 BLOCK 55 PORT LAVACA TOWNSTTE A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to pass a Resolution approving the tax resale of Lot 8, Block 55 of the Original Townsite of Port Lavaca (206 S. Nueces Street) to Servando Orta. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE WHEREAS, Lot 8, Block 55, Original Townsite of the City of Port Lavaca, Calhoun County, Texas (commonly known as 206 S. Nueces, Port Lavaca) was offered for sale by the Sheriff of Calhoun County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, no sufficient bid was received and the property was struck off to the County of Calhoun, Texas, pursuant to TEXTROP.TAX CODE §34.01(c); and WHEREAS, TEX.PROP.TAX CODE §34.05(a) provides that we may accept a sufficient bid. A bid of FIVE THOUSAND AND NO HUNDREDTHS DOLLARS ($5,000.00) has been made by Servando Orta; and THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners' Court that the County Judge is hereby authorized to convey Lot 8, Block 55, Original Townsite of the City of Port Lavaca, Calhoun County, Texas to Servando Orta for the sum of FIVE THOUSAND AND NO HUNDREDTHS DOLLARS ($5,000.00) payable to the Calhoun County Appraisal District for distribution as provided by law. PASSED, APPROVED AND ADOPTED THIS 13`h day of August, 2001. L m` Comissi ner Mic iael Ba aJ a, Preci t 2 Commissioner H. Floyd, Precinct 3 Commissioner Kenneth W. Finster, Precinct 4 • • • TAX RESALE SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN • That the County of Calhoun, acting by and through the County Judge of the County of Calhoun, Texas, hereunto duly authorized by resolution of its Commissioners' Court, wich is of record in the Minutes of said Bodies, Grantors, for and in consideration of the sum of FIVE THOUSAND AND NO HUNDREDTHS DOLLARS ($5,000.00) and other good and valuable consideration paid by the Grantee named below, the receipt and sufficiency of which are acknowledged by Grantor, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY to Servando Orta, Grantee, whose address is 1908 Jackson, Port Lavaca, Texas 77979, all of the right, title and interest of Grantor and all other taxing units for which the Calhoun County Appraisal District collects taxes, who were parties to the tax foreclosure judgment against the property, which right, title and interest was acquired by tax foreclosure sale heretofore held, in and to the following property being located in Calhoun County, Texas, to wit: Lot 8, Block 55, Original Townsite of the City of Port Lavaca, Calhoun County, Texas being that property more particularly described in Volume 172, Page 154 of the Deed Records, Calhoun County, Texas; Account Number R17485 TO HAVE AND TO HOLD all of its right, title and interest in and to the above described property and premises unto the said Grantee, Servando Orta, his heirs and assigns forever, and Grantor bind themselves and their heirs, personal representatives, successors, and assigns to warrant and forever defend all and singular the property to Grantee and his successors and assigns against any and all claims for taxes assessed by any taxing unit to this date, subject to the provisions stated below, by, through, or under Grantor, but not otherwise. The Grantor and all the taxing units involved in this conveyance exclude and except any warranties, express or implied, regarding the Property, including, without limitation, any warranties arising by •common law or Section 5,023 of the Texas Property Code or its successor. They have not made and do not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to the quality or condition of the property, the suitability of the property for any and all activities and uses which Grantee may conduct thereon, compliance by the property with any laws, rules, ordinances or regulations of any applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and specifically, Grantors do no make any representations regarding hazardous waste, as defined by the Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property. The property is hereby sold, transferred, and assigned to grantee "as is" and "with all faults". TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the provisions, stated above, to Grantee, Servando Orta, his successors and assigns forever, without warranty of any kind. 0 IN TESTIMONY WHEREOF, County of Calhoun, Texas pursuant to Section 34.05(b) of the Texas Tax Code has caused these presents to be executed on this the 9/-4--Y day of A.D., 2001. County of Calhoun, Texas Grantor • Arlene N. Mar all, Coanty Judge STATE OF TEXAS COUNTY OF CALHOUN BEFORE ME, the undersigned authority, on this day personally appeared Arlene N. Marshall , County Judge of the County of Calhoun, Texas known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that she executed the same for the purposes and consideration therein expressed. GIVE UNDER MY HAND AND SEAL OF OFFICE, this the J �S r day of A.D., 2001. -Y�t� M 6z Notary Public in and for the State of Texas • My commission expires RITA MILLER NOTARY PUBLIC "F TEXAS °orh+� My CommssiSTATo �xpires 01-262003 WORKERS' COMPENSATION RECOVERY PROGRAM Tabled until Friday. CALHOUN COUNTY LIBRARY— SURPLUS/SALVAGE A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to • declare the following Calhoun county Library assets as surplus/salvage. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 0 Calhoun County Public Library System (361)552-7323 200 W. Mahan Port Lavaca, Texas 77979 Apra, May, & June 2001 0 I would like the following items to be declared Surplus 460 Books 176 Paperbacks 205 Magazines 4 Videos 1 CD Rom 2 — Panasonic KX P2180 dot matrix printers 1— Fujitsu DX2400 dot matrix printer I — CompuAdd computer monitor —15 in. 1— Sam Tron computer monitor —15 in. I would like the following items to be declared Salvage 380 Books 60 Paperbacks 5 Magazines 23 Videos 8 Audios 1 CD Rom 1 Calendar INTERLOCAL AGREEMENT RENEWAL FOR MENTAL HEALTH AND CHEMICAL DEPENDENCY A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to authorize the County Judge to enter into an interlocal agreement with Kerr County for Mental Health and Chemical Dependency regarding Court hearings. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. R E I]EIVED July 31-2001 ArjPnie N. Honorable Arlene N. Marshall CnIhrnm Cnnnt3r Tudge • 211 S. Ann Street #217 Port Lavaca, Texas 77979 Re: Renewal of Interlocal Agreement for Kerr County to Hold Court Hearings 500 a Dear Judge Marchall Enclosed is a copy of our Interlocal Agreement for Mental Health and Chemeical Dependency. If you wish for the Kerr County Judge to hold your 72-Hour Hearings, OPC Hearings, Extended and Renewal Extended Hearings, Jury Trials, and Appeals, please mail the signed Agreement to: Jannett Pieper Kerr County Clerk 700 Main Street #122 Kerrville, Texas 78028 Also attached to the Interlocal Agreement is a list of fees for your information. If you have any questions, please feel free to call me at 830-792-2255, or the County Judge, Frederick Henneke at 830-792-2211. Respectfully, J di Behrens, Deputy Clerk Jannett Pieper Kerr County Clerk STATE OF TEXAS COUNTY OF KERR INTERLOCAL AGREEMENT FOR MENTAL HEALTH, MENTAL RETARDATION AND CHEMICAL DEPENDENCY COMMITMENT HEARINGS AND PSYCHOACTIVE MEDICATION HEARINGS AT KERRVILLE STATE HOSPITAL This agreement is entered into on this the day of 2001, pursuant to the terms of Chapter 791, Texas Government Code, by and between the Commissioners' Court of County, Texas, hereinafter " and the Commissioners' Court of Kerr County, Texas, hereinafter "Kerr," for the purpose of providing certain services relating to mental health, mental retardation and chemical dependency commitment hearings as well as certain services relating to psychoactive medication hearings for -- residents of County, Texas at the Kerrville State Hospital, Kerrville, Kerr County, Texas. WHEREAS, County, Texas, on occasion has residents who are in need of court -ordered mental health services, mental retardation services and court -ordered chemical dependency treatment available, by commitment to the Kerrville State Hospital, as well as residents who are patients at Kerrville State Hospital and are in need of administration of psychoactive medication; and C • • 501 WHEREAS, Chapter 571 (General Provisions), Chapter 573 (Emergency Detention) and Chapter 574 (Court -Ordered Mental Health Services) of the Texas Health and Safety Code, hereinafter "Code," recite the statutory scheme whereby court -ordered mental health services may be provided for those persons who meet the criteria therein set out; and WHEREAS, Chapter 462 (Treatment of Chemically Dependent Persons) of the Code recites the statutory scheme whereby court -ordered treatment for chemical dependency may be provided for those persons who meet the criteria therein set out; and • WHEREAS, Chapter 593 (Admission and Commitment to Mental Retardation Services) of the Code recites the statutory scheme whereby mental retardation services may be provided for those persons who meet the criteria therein set out; and WHEREAS, Chapter 574, Subchapter G (Administration of Medication to Patient Under Order for Inpatient Mental Health Services) of the Code recites the statutory scheme whereby patients receiving court -ordered mental health services and patients for whom an application has been filed for such court -ordered mental health services, may be administered psychoactive medications against their will; and WHEREAS, § 574.001 (b) of the Code provides that an application for court - ordered mental health services must be filed with the county clerk of the county in which the proposed patient: (1) resides; (2) is found; or (3) is receiving mental health services by court order or under Subchapter A, Chapter 573 (§ 573.001) of the Code (Apprehension by a Peace Officer Without a Warrant); and WHEREAS, § 574.061 of the Code provides that a request to modify an order for inpatient treatment and § 574.062 of the Code provides that a motion for modification of an order for outpatient treatment must be with the judge of the court that entered the order sought to be modified; and WHEREAS, § 462.062 (b) of the Code provides that an application for court - ordered treatment of chemically dependent persons must be filed with the county clerk of the county in which the proposed patient: (1) resides; (2) is found; or (3) is receiving treatment services by court order or under § 462.041 of the Code (Apprehension by a Peace Officer Without a Warrant); and WHEREAS, § 593.041 (b) of the Code provides that an application for court - ordered mental retardation services must be filed with the county clerk of the county in which the proposed patient: (1) resides; and WHEREAS, § 574.104 (a) of the Code provides that a physician, who is treating a patient who is receiving mental health services under an order for temporary or extended mental health services under §§ 574.034 or 574.035 of the Code or for whom an application for court -ordered mental health services under §§ 574.034 or 574.035 of the Code has been Sled, may file, with the probate court or a court with probate jurisdiction, an application for an order to authorize the administration of a psychoactive medication; and • 502 WHEREAS, both County and Kerr County have jurisdiction over such proceedings where the proposed patient is a resident of County and (1) is found in Kerr County; (2) is receiving court -ordered mental health services, court -ordered mental retardation services or treatment for chemical dependency at the Kerrville State Hospital in Kerr County; or (3) is brought to the Kerrville State Hospital by a peace officer without a warrant under the provisions of § 462.041 of the Code or Subchapter A, Chapter 573 (§ 573.001) of the Code; and WHEREAS, Kerr County has jurisdiction over proceedings under Chapter 574, Subchapter G of the Code (Administration of Medication to Patient under Order for Inpatient Mental Health Services) in which a physician treating a patient at the Kerrville State Hospital, which patient is receiving mental health services under an order for temporary or extended mental health services under §§ 574.034 or 574.035 of the Code or for whom an application for court -ordered mental health services under §§ 574.034 or 574.035 of the Code has been filed; and WHEREAS, given the time constraints set out in the Code, and the difficulty and expense of transporting patients, hospital employees, witnesses, judges, magistrates and attorneys to and from County for such hearings, it is impractical for County to hold hearings to determine existence of probable cause for protective custody orders, as well as hearings on applications for temporary mental health services, hearings on applications for extended mental health services, hearings on applications for renewal of an order for extended mental health services, hearings on applications for court -ordered chemical dependency treatment, hearings on applications for renewal of an order for court -ordered chemical dependency treatment, hearings for modification of order for inpatient treatment, hearings for modification of order for outpatient treatment, hearings on petitions seelang an order to authorize the administration of a psychoactive medication to certain patients at the Kerrville State Hospital and hearings on petitions for reauthorization or modification of a court order authorizing the administration of a psychoactive medication to certain patients at the Kerrville State Hospital, within the geographical confines of County, and WHEREAS County finds that the most appropriate, safe and expeditious site for said hearings is the Kerrville State Hospital in Kerrville, Kerr County, Texas, and desires that the aforementioned hearings concerning citizens of said County be held by the proper Kerr County, Texas judicial officer with jurisdiction over such matters within Kerr County and further desires that at the aforementioned hearings concerning citizens of said County, the interests of the State and the Kerrville State Hospital be represented by the Kerr County, Texas prosecutor charged with said responsibility and further desires that at the aforementioned hearings concerning 503 • J • • citizens of said County, the interests of said citizens of said County be represented by an attorney appointed by the judicial officer aforementioned; and WHEREAS, the public health, safety and welfare of the citizens of both counties, and of the proposed patients would be best served by entering into this "Interlocal Agreement For Mental Health, Mental Retardation And Chemical Dependency Commitment Hearings And Psychoactive Medication Hearings At Kerrville State Hospital" hereinafter referred to as "Interlocal Cooperation Agreement" pursuant to the authority granted by Chapter 791 of the Texas Government Code (the Interlocal Cooperation Act); NOW THEREFORE, be it resolved that County and Kerr County agree to enter into this Interlocal Cooperation Agreement, and the parties agree as follows: § 1. TERM 1.1 This agreement is to be effective on the date that it is approved by order of the commissioners' court of each county, and is to end on September 30, 2002, unless renewed by mutual orders of the respective commissioners' courts for subsequent one-year terms, beginning on October 1" and ending on September 30's of each • contract period. 1.2 To renew this agreement, shall forward a request to the County Clerk of Kerr County requesting a statement of proposed costs for the next budget year. If said statement of costs is acceptable, shall forward a certified copy of the order renewing this agreement to the County Judge of Kerr County prior to August I" of the budget year preceding the renewal period or at a later date upon the agreement of the parties, if circumstances so warrant. • 1.3 Kerr shall either accept or decline the offer to renew by formal order of the commissioners' court and shall forward a certified copy of said order to the County Judge of County on or before September 1" of the budget year preceding the renewal period or at a later date upon the agreement of the parties, if circumstances so warrant. 1.4 Either party may cancel this agreement for any reason by notifying the other in writing at least thirty (30) days prior to the effective date of the cancellation. All amounts due and owing to Kerr County pursuant to this agreement as of the effective date of cancellation shall be paid by County"within sixty (60) days of the receipt of any bill or the date of the cancellation, whichever is later. 4 504 § 2. DEFINITIONS 2.1 "Resident" as that term is used herein shall have the same meaning as that term has been defined in the Indigent Health Care Act and as that tern has been applied and construed by the Courts. §3. FUNDING REQUIREMENTS 3.1 County agrees that all funds due under the terms of this agreement shall be payable out of current revenues and that it shall set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. 3.2 Any order of the Commissioners' Court of County which renews this agreement shall be deemed to be a certification that the obligation incurred by the renewal shall be payable out of current revenues and that has or will set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. §4. DUTIES OF KERR COUNTY • 4.1 Kerr County agrees that it will assume jurisdiction over all court -ordered mental health proceedings, mental retardation proceedings, chemical dependency treatment matters and all psychoactive medication hearings which concern residents of ICounty that are properly filed in or transferred to the Kerr County Court with jurisdiction. 4.2 Kerr County shall have no duty to accept jurisdiction or proceed with any court - ordered commitment or treatment proceeding where the terms of this contract have not been complied with, including the terms concerning the duty of County to make payment to Kerr County for the costs as set out herein, for all hearings which involve its residents. 4.3 It is understood and agreed that pursuant to §§ 462.004 and 571.016, of the Code, the Kerr County Attorney or his properly -assigned designee is the attorney for the State m any hearing covered by this agreement and therefore retains all of the independent discretionary authority given by the statutes and Constitution of the State of Texas. This agreement shall not be construed to limit that authority in any form or fashion and the decision of the County Attorney is final as to whether the State will proceed in any action covered by this agreement, including appeal, and as to the means and methods employed. • 505 k.- n LJ §5. DUTIES OF COUNTY 5.1 County agrees and warrants that it will follow all appropriate statutory procedures and shall implement such other procedures and training necessary to ensure that no violation of the constitutional and statutory rights of any proposed patient occurs and that in seeking the commitment of the proposed patient, no person from County will be referred to the Kerrville State Hospital unless the proposed patient has been evaluated and examined by a qualified mental health professional or a physician; a certificate has been properly issued; the patient has been warned of the non -confidentiality of the interview of the qualified mental health professional or physician; and that all other necessary steps have been taken to assure that the proposed patient's constitutional and statutory rights have been preserved. 5.2 Should any County resident who was detained under the authority of the emergency detention provisions of §§ 573.024 & 462.041 of the Code be found to be entitled to release, County shall pay the cost of transporting that person to the location of the person's apprehension, the person's residence or • another suitable location, as required by §§ 573.024 & 462.041 of the Code. 5.3 County agrees to pay to Kerr County the costs associated with any hearing conducted by Kerr County officials as authorized under §§ 571.017, 571,018 (mental health), 462.005 (chemical dependency) 593.050 (mental retardation) and 574.107 (psychoactive medication) of the Code in accordance with the "Kerr County Clerk's Statement of Proposed Costs for the Budget Year 2001-2002," infra. 5.4 For all cases, County does also agree to pay to Kerr County the following costs: a. All other court costs, set by law, and such other costs set either by order of the Kerr County Commissioners Court or by the judge who holds the hearings as set out in this agreement, under authority of law. b. All costs authorized by law for appeals to a Texas Court of Appeals or to the Texas Supreme Court. C. A reasonable fee, in an amount not to exceed $50.00 per hour, for the Kerr County Attorney or his designee for professional services rendered in researching and preparation of appellate briefs, for time required to travel to and from the site of the appropriate appeals court, and for time to present oral argument in any appeal of a hearing provided for by this Interlocal Agreement, as well as travel expenses and office expenses related • to production and mailing of any appellate brief covered by this Interlocal Agreement. 506 • d. All costs, including bonds, authorized or mandated by law for any proceedings in Federal Court involving a County resident covered by this agreement. e. All compensation of court -appointed personnel, such as attorneys, physicians, language interpreters, sign interpreters and masters as provided in § 571.017 of the Code. 5.5 County agrees that it shall be responsible for obtaining repayment for its costs incurred pursuant to this agreement from the patient and/or the patient's family or estate. County agrees further that failure on its part to recover such repayments shall have no effect on its liability to Kerr County for such costs. §6. PAYMENTS 6.1 All bills for costs shall be submitted to the County Judge of County, Texas at the address below and all payments due under this agreement shall be paid to the County Clerk of Kerr • County, Texas and shall be paid at that office in the Kerr County Courthouse, 700 Main Street, Kerrville, Texas 78028. §7. MISCELLANEOUS 7.1 Any and all notices which may be required under the terms of the agreement shall be mailed to the parties, through their representatives, at the addresses indicated below or at such address as either party may furnish in writing to the other party: , County Judge County, Texas Texas Fred Henneke, County Judge Kerr County, Texas Kerr County Courthouse Kerrville, 700 Main Street • KerTexas 78028 50`7 L. 11 L 7.2 This agreement contains the entire agreement of the parties with respect to the matters covered by this agreement. No other agreement, statement or promise made by any party or to any employee, officer or agent of any party, which is not contained in this agreement, shall be binding or valid. 7.3 If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 7.4 The obligations and undertakings of each of the parties to this agreement shall be performable in Kerr County, Texas. County Judge Date: APPROVED: ATTEST: County Attorney County Clerk Date: Date: Fred Henneke, Kerr County Judge Date: APPROVED: ATTEST.' David Motley, Kerr County Attorney Jannett Pieper. Kerr County Clerk Date: Date: This agreement was adopted by the Commissioners' Court of Kea County, at Kerrville, Texas, by order number on the day of . 2001, and by the Commissioners' Court of County, Texas, on the day of 12001. KERR COUNTY CLERK'S STATEMENT OF PROPOSED COSTS FOR THE BUDGET YEAR 2001-2002. TEMPORARY C (OPC - 90 DAYS) COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE S 5.00 JURY FEE (IF NEEDED) $22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) •• JUDICIAL SERVICE FEE $50.00 JUDICIAL SALARY SUPPLEMENT FEE $10.00 SHERIFF'S FEE $60.00 APPOINTED ATTORNEY'S FEE ' RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION FEE $10.00 COURT REPORTER SERVICE FEE $15.00 FOURTH COURT OF APPEALS FEE S 5.00 LAW LIBRARY FEE S 35.00 SB 1534-INDIGENT FEE S 5.00 PROSECUTORIAL SERVICE FEE S 50.00 HB 3211-JUDICIAL. FUND FEE $40.00 IF A PATIENT PROPOSED FOR MENIAL HEALTH SERVICES IS DISCHARGED PRIOR TO THE TEMPORARY COMNE MENT HEARING, THE KERR COUNTY CLERK WILL NOT BILL THE COUNTY RESPONSIBLE FOR THE PROPOSED PATIENT'S COSTS FOR A JURY FEE, A JUDICIAL SERVICE FEE, A JUDICIAL SALARY SUPPLEMENT FEE, A PROSECUTORIAL SERVICE FEE OR A HB-3211 JUDICIAL FUND FEE. EXTENDED CO: (UP TO 1 YEAR) 509 COUNTY CLERK'S FEE JUDICIAL EDUCATION FEE JURY FEE (IF NEEDED) JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) JUDICIAL SERVICE FEE JUDGE SALARY SUPPLEMENT FEE SHEPIFF'S..FEE APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE COURTHOUSE SECURITY FEE ALTERNATE DISPUTE RESOLUTION FEE COURT REPORTER SERVICE FEE FOURTH COURT OF APPEALS FEE IAW LIBRARY FEE SB 1534 NDIGENT FEE PROSECUTORIAL SERVICE FEE HB 32114MICIAL FUND FEE $40.00 S 5.00 $22.00 00 $50.00 $10.00 $60.00 • $ 5.00 $ 5.00 S 10.00 S 15.00 S 5.00 S 35.00 S 5.00 $50.00 S 40.00 RENEWAL EXTENDED COMMITMENT: (BEYOND I YEAR) COUNTY CLERK'S FEE S 40.00 JUDICIAL EDUCATION FEE S 5.00 JUDICIAL SERVICE FEE $50.00 JUDGE SALARY SUPPLEMENT FEE S 10.00 SHERIFF'S FEE S 60.00 APPOINTED ATTORNEY'S FEE ' RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION FEE S 10.00 COURT REPORTER SERVICE FEE $15.00 FOURTH COURT OF APPEALS FEE S 5.00 LAW LIBRARY FEE S 35.00 SB 1534-INDIGENT FEE S 5.00 PROSECUTORIAL SERVICE FEE S 50.00 HB 321 I -JUDICIAL FUND FEE S 40.00 HEARING TO MODIFY ORDER FOR INPATIENT TREATMENT JUDGE SALARY SUPPLEMENT FEE $10.00 JUDICIAL SERVICE FEE $50.00 SHERIFF'S FEE $60.00 APPOINTED ATTORNEY'S FEE ` RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 • PROSECUTORIAL SERVICE FEE $50.00 HEARING TO MODIFY ORDER FOR OUTPATIENT TREATMENT JUDGE SALARY SUPPLEMENT FEE S 10.00 JUDICIAL SERVICE FEE $50.00 SHERIFF'S FEE $60.00 APPOINTED ATTORNEY'S FEE ` RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 PROSECUTORIAL SERVICE FEE $50.00 MEDICAL PETITION FEES: (PSYCHOACTIVE MEDICATION PETITION; APPLICABLE TO HEARING ON MOTION TO MODIFY OR REAUTHORIZE MEDICATION ORDER) COUNTY CLERK'S FEE $40•00 JUDICIALEDUCATLONFEE S 5.00 JUDGE SALARY SUPPLEMENT FEE $10.00 JUDICIAL, SERVICE FEE $50.00 SHERIFF'S FEE $60.00 APPORTIM ATIORNEY'S FEE ` RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION FEE S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE S 5.00 LAW LIBRARY FEE $35.00- SB 1534-INDIGENT FEE S 5.00 PROSECUTORIAL SERVICE FEE S 50.00 HB 3211-JUDICIAL FUND FEE $40.00 • 101 510 • CHEMICAL DEPENDENCY HEARINGS: (APPLICABLE TO BOTH COURT -ORDERED CHEMICAL DEPENDENCY TREATMENT AND RENEWAL OF AN ORDER FOR COURT -ORDERED CHEMICAL DEPENDENCY TREATMENT) COUNTY CLERK'S FEE $40.00 JUDICIAL EDUCATION FEE $ 5.00 JURY FEE (IF NEEDED) S 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) " JUDICIAL SERVICE FEE $50.00 JUDGE SALARY SUPPLEMENT FEE S 10.00 SHERIFF'S FEE $60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION FEE S 10.00 COURT REPORTER SERVICE FEE $15.00 FOURTH COURT OF APPEALS FEE S 5.00 LAW LIBRARY FEE $35.00 SB 1534-INDIGENT FEE S 5.00 PROSECUTORIAL SERVICE FEE $50.00 HB 3211-JUDICIAL FUND FEE S 40.00 MENTAL RETARDATION COMMITMENT: COUNTY CLERK'S FEE S 40.00 . JURY FEE (IF NEEDED) S 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) " SHERIFF'S FEE S 60.00 APPOINTED ATTORNEY'S FEE ' RECORDS MANAGEMENT & PRESERVATION FEE S 5.00 COURTHOUSE SECURITY FEE S 5.00 ALTERNATE DISPUTE RESOLUTION FEE S 10.00 COURT REPORTER SERVICE FEE S 15.00 FOURTH COURT OF APPEALS FEE S 5.00 IAW LIBRARY FEE $35.00 SB 1534-INDIGENT FEE S 5.00 HB 3211-JUDICIAL FUND FEE S 40.00 • APPOINTED ATTORNEY'S FEE: S 50.00 PER HOUR S 25.00 PER HALF HOUR FOR THE CONVENIENCE OF THE APPOINTED ATTORNEYS, THEM FEES FOR MEDICAL PETITION HEARINGS AND FOR MENIAL HEALTH CONDAITIMU BEARINGS ARE COMBINED AND B11 I TOGEIH R IN THE BILL FOR THE MENIAL HEALTH COMMITMENT. ss THE JUROR EXPENSE pyiNMURSEMENT FEE IF 6 PEOPLE SERVE IS $15.00 EACH PER DAY OR $90.00 FOR THE JURY PER DAY. IF A VENIRE PERSON REPORTS BUT IS NOT SELECTED FOR JURY DUTY THE JUROR EXPENSE FEE FOR THAT PERSON IS $6.00 PER DAY. 11 511 • JUSTICES OF THE PEACE PRECINCT #4 AND #5 — MONTHLY REPORTS JPs #4 and #5 presented their monthly reports for July, 2001, and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Finster that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. COUNTY TREASURER'S MONTHLY REPORT AND INVESTMENT REPORT The County Treasurer presented her monthly report for June, 2001 and Investment Report for the Quarter ending June 30, 2001. After reading and verifying same, a Motion was made by Commissioner Floyd and seconded by commissioner Finster that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. o O A$ 9 0 a Oy, r v m e e a A A L O O N C O O H N « N V pp O O O 2 O pp O O O `+6. 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W mfONA OO �... m m W OmAION+VmNm m W mm0 W OmOom S W m OO m IOO m N W O Om WO V A+ VIVO +t0 V m V f0 V.Ow" m W V V W m W W S ! s b + O V A N N O S V OW N + lA . O O tJ V m N W O CI + Cl A V m m V W m N m N m m b_ m_ ~ m iu v a m Do m s 512 CALHOUN;COUNTY TREASURER'S OFFICE STATEMENT OF BALANCES ACCOUNTNAME balance 411/Ot Receipts Disbursements Balance 6/30/01 General 12,321,058 1,211,363 3,024,615 10,507,806 Road & Bridge General 329,877 185,365 351,062 164,180 Road & Bridge Precinct 2 2,120 18 0 2,138 Road & Bridge Precinct 3 6,862 70 0 6,932 Road& Bridge Precinct 4 83,139 805 0 83,944 FM -Lateral Road 16,966 1,224 0 18,190 Hwy 87/FM 1090 1,198,695 11,610 0 1,210.305 Road Maintenance Precinct 1 2,181 19 0 2,200 Road Maintenance Precinct 16,540 159 0 16.699 Lateral Road Precinct 1 3,819 42 0 3,861 Lateral Road Precinct 2 3.819 42 0 3,861 Lateral Road Precinct 3 3,819 42 0 3,861 Lateral Road Precinct 4 3,819 42 0 3,861 Flood Control Precinct 2 1,522 18 0 1,540 Flood Control Precinct 3 21,165 206 0 21,371 Flood Control Precinct 1,959 14 0 1,973 Airport Maintenance. 48,853 638 9,086 40,405 Law Library 27,456 1,632 0 29,088 Library Gift Memorial 8,972 393 0 9,365 Juvenile Probation 422,761 38,765 80.942 380,584 Boot Camp/JJAEP 200,027 11,832 23,000 188,859 Fine & Costs Holding 4,085 30,163 31,379 2,869 Donations 98,173 1,780 206 99,747 Animal Control -CAWS 139 0 0 139 Grants 64,663 15,117 6.976 72.804 Law Ent Of1cers Education 4,991 42 681 4,352 Records Management -County Clerk 36,773 351 1,659 35,465 Records Mgmt. & Preservation 36,118 1,990 728 37,380 Courthouse Security 93,914 3,936 15.400 82,450 Graffiti Eradication 3,618 319 0 3,937 District Court-Imprest Jury 1,103 4,150 2,952 2.301 County Court-Imprest Jury 1,443 1.382 918 1.907 Excess Sales Tax Revenue 2,881 26 0 2,909 Sheriff Forfeited Property 1,036 14 0 1,050 Cap. Prof: R&B Infrastructure 32,732 0 0 32,732 Cap, Proj.-Airport Improvement 38.485 0 27.000 11.485 Cap. Pro]. -Parking Lot 40,544 40.000 0 80.544 Cap. Prof: Lib Telecommunlca8on 29,757 16,458 647 45,568 Cap. Prof.-Emg. Communication Sys. 10,087 0 10,087 0 Cap. Prof: New EMS Bldg. 34,131 0 61500 27,631 Cap. Proj.-New Jail Bldg. 25,000 25,000 25,000 25,000 Cap. Prof: Magnolia Beach Erosion 65,037 0 12,500 52,537 Cap, Prof. -Old Jail Demolition 9,815 40,000 44,387 5.428 Cap. Pro]. -Swan Paint Park 56,795 0 1,463 55.332 Cap. Prof -Lighthouse 0 7,000 7,000 0 Cap. Prof. -Tax Anticipation Notes 0 25,000 25,000 0 Cap. Prol.-Fairgrounds Storm Damage 0 1,000 0 1,000 Cap. Prof. -Mold Remedlation 0 75,000 69,789 5.211 Port O'Connor Community Center 3.440 2,887 2,217 4,110 Chamber Tourism Center 5,367 56 5,200 223 Library Cert. Of Obllg. Int & Skg 8.124 764 7 8,881 Gen. Oblig. Bonds Int & Skg 41,207 4,901 45 46,063 Gen. Oblig. Ref. Bonds Int & Skg 84,971 2,393 5 87,359 Tax Anticipation Notes Constr. 0 25.000 25,000 0 Tax Anticipation Notes Int & Skg 29,959 280 375 29,864 Tax Anticipation Notes - Formosa 933,164 8,807 0 941,971 Hospital Operating 479,614 4,248,262 4,291.511 436,365 Hospital Memorial 14,582 849 0 15,431 Hospital Restricted Donation 12,595 119 0 12.714 Hospital Construction 64,156 601 450 64,307 Hasp. CerL Of Olbig. Constr. 2,379 22 0 2,401 Hasp. Can. Of Oblig. Int & Skg 36 0 0 36 Indigent Healthcare 2,867 239,378 177,721 64,522 Totes 1 ,099,210 6,28 ,348 ,28 8 1 0 ,048 We the undersigned CountyJudge and Commissloners in and for Calhoun County, Texas hereby certify that we have made an examination of the County Treasurer's quarterly report, filed with us on this-1-2 day of , 2001, and have found the some to be correct and In due order. If Witness It inds, officially, this day of .2001. Ara MarsFlll, Coulit udge Z Roger alvan, C I oner 1 H. Floyd, Commissioner Pat 3 Michael BalaJka, CommisslonlaIr Pat 2 Kenneth W. Flnsler, Commissioner Pct 4 • i SWORN TO AND SUBSCRIBED BEFORE ME, County Judge, and County Commissioners of said Calhoun County each respectively, on this / 3 day of (Ud4zid , 2001, BEFORE ME, the undersigned authority on this day personally appeared Sharron Marek, County Treasurer Calhoun County says that the within and foregoing report Is true and correct. Sharron Marek, County Treasurer FILED FOR RECORD THIS 13 day of \S mod`. 2001 and recorded this / 3 day Of Q/4 jdZQ t , 2001. _� �- Marlene Paul, Count ' 513 iav�.a Iu Kn■rl.l If tLl—MOLD r%.l ffL(L) —KOLDrt-I ffJ—Kein PCT #4 — CONSTABLE PCT #2 — PORT O'CONNOR FIRE PROTECTION — HEAL 1111.A1\L DEPARTMENTS A Motion was made by Commissioner Finster and seconded by Commissioner Floyd that • the following Budget Adjustments be approved. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor, BUDGET AMENDMENT REQUEST] To: Calhoun County Commissioners' Court From: 11 ",. W0, MUW WA(+— - (Department making this request) Date: I request an amendment to the budget for the year following line items in my department: Amendment GL Account AOCOUnt Name Amount Reabon 3�sU � om,w . (amen. Not change in total budget for this department is: Other remarks/justification: :i I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained n • signature of official/department neat: Date of Commissioners' Court approval: L- Date posted to General Ledger account(s): 514 5-10-201 1:02PM FROM CALHOUN CO. AUDITOR 361 553 a61d P.6 BUDGET AMENDMENT REQUEST ri To: Calhoun County Commissioners' Court From: gi��-2— -/ (Department making this r queA st) Date: I request an amendment to the 040 budget for the year following line items in my department: OL Account 0 ------------- She S.3Sao SY', .5-9 Pfw "a .S.3.1 ito ��o j3�sLo ss� s3aao .5' S3S/a Account Name Net change in total budget for this department is: Other remarks/justification: Amendment ___Amount Reagan a3 9• G3. ( AUG 13 2001 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: !l G!5-per Date of Commissioners' Court approval: �-e-�� • Date posted to General Ledger account(s): 515 f t 8-10-201 1:03PM FROM CALHOUN CO. AUDITOR 361 553 4614 • BUDGET AXENDXPNT REQUE8T 11 To: Calhoun County Commissioners Court From: �..../ (Department making this r quest) Date: 40.p I request an amendment to the 0 O budget for the following line items in my department: OL_Account _/_ -!5q 3 9 .S.3Sa o • S.3Sfa Amendment ,__ Account_ NameAmount _____ - 3 Net change in total budget for this department is: other remarks/justification: �— P. 7 3 Reason_ I understand that my budget cannot be amended as requested until Commissioners, Court approval is obtained. Signature of official/department head: �d -e-n Date of Commissioners, Court approval: c�LQJ_ Date posted to General Ledger account(s): 516 8-10-201 1:03PM FROM CALHOUN CO. AUDITOR 361 553 4614 P.8 • q BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS COUR v,+ Y t•M:E iR' ' FROM: R/B PRECINCT I DATE: 612&01 .d.. +" {'d i In •vr • ., `', BUDGET FOR THE YEAR: 2001 ;,,K.; y:I#`-r,:+•:.�+.. `�;/'.�,� ";,,r'....... i'.1.:': .iit, :. :.:I:.. i:.i1:i •..�::': - ;�' •+:AMENDMENTS :r,Y,� 'rY . •. :S+iE:: i,1,.+ \NW 'P'' •f.. (•'a:;.:Lf,,(gps':Gv if „�Fa ACCO N AME AMOUNT }:(iv:xati 6'` i':Mip1:''ii' �f5•:i ,.}. �.e: .;_ GLACCOUNTNO. SON 1000540.73445 RENOVATION -BUILDING 4,552 LINE ITEM TRANSFERS 1000b40-63992 SUPPLIES -MISCELLANEOUS 17 t00D-540-53210 MACHINERY PARTS/SUPPLIES 900 1000.640-00370 BLDG REPAIRS -PARKS 47 1000.540.53510 ROAD/BRIDGE SUPPLIES (5,546) GENERAL FUND 0 mmigar HANGE IN TOT BUDGET 0 APPROVED I 7A, 13 2001 � 517 • • • • 8-10-201 1:0APM FROM CALHOUN CO. AUDITOR 361 553 4614 P.9 5 BUDGET AMENDMENT REQUEST �-1a �w. TO: CALHOUN COUNTY COMMISSIONERS COURT w^�i w a4'iN^'�r '' e�� STD k�++• FROM R/8 PRECINCT �za�' `i)iizG l ,�, i BUDGET FOR THE YEAR 2001 � �'Y.. r jii l �% 4 N{ l4 Ci-C„X' W } J f%1 A %M{rn 1y{MI%I Yj'I . "� I.'T':••' .'f fA'L�� j"i•'1 µu �.y'n ' •� + I of rix,l.'� ...C.;•i J. '%: J�'. RJ!"a�� ff`y(a l: r' EN ACCOUNT NAME A O .4 !t}'il ill( .: A..l '.':nJ.A'. .kMillr N R S N 100054051409 MAINTENANCE EMPLOYES 3,235 Y IN ES H WE 10/1101 100054051910 SOCIAL SECURfIY 247 100054051930 RETIREMENT 297 1000-54PS1940 WORKERS COMPENSATION 178 10OD54051950 FEDERAL/STATE UNEMPLOYMENT 17 1000.54053510 ROAD/BRIDGE SUPPLIES��'T% �L Total for GENERAL FUNDNET WI"' CHANGE TOTAL BUDGET 0 Signature of Eiaded 001 parbmnt HUO i 518 8-10-201 1:04PM FROM CALHOUN CO. AUDITOR 361 B53 4614 P.10 • BUDGET AMENDMENT REQUEST DOVE 4 I AUG . • 519 8-10-201 1:04PM FROM CALHOUN CO. AUDITOR 361 553 4614 P.11 0 BUDGET AMENDMENT REQUEST CALHOUN COUNTY COMMISSIONERS' COURT ;2-. M. le r :1 FROM: RfB PRECINCT 2 DATE: 81*10/01 jr, 40 90-60FT FOR THE YEAR: 2001 11, AWOUNJ NAME — MENnMr AMOUNT fiLA99Q9NXM REASON 1000-560-53995 UNIFORMS 300 LINE ITEM TRANSFER 1000-550-66192 TELEPHONE SERVICES 400 100055053510 ROAD & BRIDGE SUPPLIES (700) Total for GENERAL FUND NET CHANGE ME IN TOTAL 1341096T 0 0 520 8-10-201 1:05PM FROM CALHOUN CO. AUDITOR 361 553 AG14 P.12 • Sp, N BUDGET AMENDMENT REQUEST I.. TO: CALHOUN COUNTY COMMISSIONERS'COURT t FROM: RIB PRECINCTS DATE; aMQMI 2001 w4, BUDGET FOR THE YEAR: t�'LL -5. Ka. AMENDMENT' 5886MNWE "ClUN A! �-rREASON 1000,560-63530 'AAC INERMOUIPMENT REPAIRS 1000 LINE ITEM TRANSFER 1000-580-53510 ROAD & BRIDGE SUPPLIES 7oW thr GENEM FUND (1,000) -7M 0 .. . .. .. ... NET CHANGE IN TOTAL BUDGET 0 521 0 8-10-201 1:05PM FROM CALHOUN CO. AUDITOR 361 553 4614 P.13 • BUDGET AMENDMENT REQUEST ^T ', �"",,,STO: CAWOUN COUNTY CON MISSIONERS'COUR�.'.'y'�:q:�j'•,)�',�,`'3:%r:.;-,, FROM: RlB PRECINCT 4. DATE: 8110101,�rl�sn'`�'y�N+y BUDG R 2001 a� ), x i F rv+ r' •;.'.- r i y. + �G• or..S�ti�4Sr.4• '+Lars:: ,.� ,,:rG 14 t y.,. i AMENDMENT ENµu AN G NT N6CCQUNTNA N 1000.57053020 GENERAL OFFICE SUPPLIES 300 LINEITEM SFER 1000-570-62664 GARBAGE COLL-POC PARKS 400 t000-670-62676 GARBAGE COLLSEAD 400 1000.57053510 ROAD & BRIDGE SUPPLIES Total for GENERAL FUND (1,100) 0 1 NET CHANGE IN TOTAL BUDGET 0 • • 1-- 522 8-10-201 1:06PM FROM CALHOUN CO. AUDITOR 361 553 4614 P.14 • BUDGET AMENDMENT REQUEST I ,pZr3,WNlt t5�` NMI CALHOUN COUNTY COMMISSIONERS' COURT FROM: CONSTABLE4�RECINCT#2 DATE: 8/10/01 BUDGET FOR THE YEAR: 2001 -------------- MEN NIENT REASON ACCOUNT NAME AMON 1000690.86316 TRAINING TRAVEL OUT OF COUNTY 51 LINE ITEM TRANSFER I000.590-60332 AUTO ALLOWANCES TOW for GENERAL FUND (51) 0 0 NET CHANGE IN TOTAL BUDGET U V uj) f:AEUGI 3:=] 523 0 8-10-201 1106PM FROM CALHOUN CO. AUDITOR 361 SS3 6614 P.15 � BUDGET AMENDMENT REQUEST f( tv Is' TO: CALHOUN COUNTY COMMISSIONERS' COURT:' 't.l ^" :I, FROM: FIRE PROTECTION -PORT O'CONNOR �•� DATE 8H010 'yak4UNIK� "PI r v �{� "T1 �'q µrY'INn I+}y{ BUDGET FOR THE YEAR 2001 yM�.+yt y Fgjy .! J hJynH+.. ! 1M'n 9-�;pJd.A� ,,. I �j. i .°ivaba' i a+f a ' ✓ w 9 '!.",0'W° . nw�: mom r: +.m�:.aN e Est S:b .ea+_.di5'rskea i'. .�. AMEND EN ACCOUNT AME ANIOU L,a1d'ni'se .ivamtxik a,;��kr ^.: L CCOUNT NO. REASON 1000-68MST SERVICES - 31 LINEITEM TRANSFER 1000-680-53 SUPPLIESIOPERATING EXPENSES (31) TeW for GENERAL AMD 0 0 NET CHANGEIN TOT BUDGET • r I f AUG 13 20 i 524 8-10-201 1:07PM FROM CALHOUN CO. AUDITOR 361 553 4614 P.16 • HVDGET AMENDMENT RE4MEST To: Calhoun County Commissioners' Court 1 From: -- G � (Department ma ing this request) Date: I request an amendment to the a0 of budget for the year following line items in my department: Amendment GL Account # Account -Name --- _Amount Reason �0 by -IY1 Rn� o t- p0 I7 - • `1-13-01 1.000 0wo 100 (110Q E� i Auc / 3 Net change in total budget 1 for this department is: aaaaaaaanaaaa Other remarks/justification: r.� I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. signature of official/department head: Wig l�W� Date of Commissioners' Court approval: • Date posted to General Ledger account(s): 525 8-10-201 1:O7PM • • FROM CALHOUN CO. AUDITOR 361 553 4614 P. 17 /3 p TO: CALHOUN COUNTY COMMISSIONERS' COURT �jS�e J R9 �I'aM L„'C •,. I dgl'MJ�luya +� r .t� 1� I�ii�; FROM: CAPITAL PROJECT -MOLD REMEDIA ON# DATE WWI BUDGET FOR THE YEAR. 2001 tR'� . tl5sh`i'!lh " " hl'kti9dkFryv{vh' .Nti:C,t wr",dfnjd',l�d1i�')?t, m,..xx"" fF� AMENDME Ag GQUNTAAM9 AM2UW GL ACCOUNT NO. REASON 5210-999.70750 CAPITAL OUTLAY (885) LINE ITEM TRANSFER 521049M3990 MOLD REMEDIATION 885 for FUND 0 0 smTotal NET CHANGE IN TOTAL BUDGET aPP®V. 1 A713,3 526 8-10-201 1:08PM FROM CALHOUN CO. AUDITOR 361 553 d61d P.18 • BUDGET AMENDMENT REQUEST 4&4�4 ax-j-� s P', 7 6 132. 7 • 527 4 8-10-201 1:08PM FROM CALHOUN CO. AUDITOR 361 553 4614 P. 19 BUDGET AMENDMENT REQUEST • f v ry . f F AUG 13 • 528 OLHOUN COUNTY, y; UnpostedBudgetTransactions- REVENUE ADJUST. 8113/01 - I Potts lJ ; i Fund Session m - Code Date Fund Title Ttansaction Desuiption Dept Title GL Title Increase Decrease N i; _— m 5220 V132001 CAP.PROI-FAIRGROUNDS ADDITIONAL AMOUNT NO DEPARTMENT RECOVERIES -INSURANCE 1,100.00 STORM RECOVERY NEEDEDFORPOp10648 HAYES ELECTRIC.PD 7/01 m O 3 Total 1,100.00 0.00 8/132001 Total CAP.PROL FAIRGROUNDS 1,100.00 BAD A $220 STORM RECOVERY ; O ReporlToeal 1,100-00 0.00 Er O C Z 0 O DCC O 0 O 70 _. APP�01qN W Auc 1 3 I 4 v DNe: V1a:U)al I�gv 1 A Fund Effective Code Date Fund Title 1000 81I32001 GENERALFUND, 1000 U13/2001 GENERAL FUND 1000 8/132001 GENERAL FUND 1000 8/13/2001 GENERAL FUND 1000 8/132001 GENERALFUND 1000 9113/2001 GENERAL FUND 1000 8113/2001 GENERAL FUND 1000 9/13/2001 GENERAL FUND 1000 IVIUM01 GENERALFUND 1000 811320DI GENERALFUND 1000 91132001 GENERAL FUND 1000 8/132001 GENERALFUND 1000 8/132001 GENERAL FUND 1000 8/132001 GENERAL FUND 1000 V132001 GENERAL FUND 1000 $02001 GENERALFUND 1000 8/132001 GENERALFUND 1000 9/1312001 GENERAL FUND 1000 8/132001 GENERAL FUND IOW 81132001 GENERAL FUND 1000 81IM2001 GENERAL FUND CALHOUN COUITEXAS Unposed Budget T}enseclions - EXPEND.ADIUST.FOR 8/13/01 Trmunwlion Description Dept Title GL Talc ADDITIONAL AMOUNT NEEDED FOR POd 10648 HAYES ELECTRIC,PD 7/01 AMOUNT NEEDED FOR POd 14373 LINE ITEM TRANSFER LINE ITEM TRANSFER SALARYINCREASES EFFECTIVE MAIM SALARYINCREASES EFFECTIVE 10/1101 SALARYINCREASES EFFECTIVE WWII SALARYINCREASES EFFECTIVE 10A101 SALARY INCREASES EFFECTIVE 1011/01 LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER SALARY INCREASES EFFECTIVE 1011/01 LINE ITEM TRANSFER LINE REM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER INDIGENT HEALTH CARE INDIGENT HEALTH CARE WASTE MANAGEMENT WASTE MANAGEMENT ROAD AND BRIDGE -PRECINCT V I ROAD AND BRIDGE•PRECINCT B I ROAD AND BRIDGE-PRECINCTdI ROAD AND BRIDGE-PRBCINCTOI ROAD AND BRIDGE -PRECINCT 81 ROAD AND BRIDGE -PRECINCT d I ROAD AND BRIDGE-PRECDICT81 ROAD AND BRIDGE -PRECINCT 81 ROAD AND BRIDGE -PRECINCT If ROAD AND BRIDGEPRECINCT 61 ROAD AND BRIDGE -PRECINCT 01 ROAD AND BRIDGE-PRfvCINCT t l ROAD AND BRIDGE-PRBCINCTYI ROAD AND BRIDGEPRECINCT dI ROAD AND BRIDGEBRECINCT81 ROAD AND BRIDGE -PRECINCT 01 ROAD AND BRIDGE-PRECINCT81 CARE OF INDIGENTS CARE OF INDIGENTS LANDFILL CLOSURE MACHINERY/EQUIPMENT REPAIRS MAINTENANCE EMPLOYEES SOCIAL SECURITY RETIREMENT WORKMENS COMPENSATION FEDERAL/STATE UNEMPLOYMENT GENERAL OFFICE SUPPLIES MACHINERY PARTSISUPPLIES ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES TIRES AND TUBES TIRES AND TUBES GASOL/NF/OIUDIESEI/GR... BUILDING SUPPLIE&TAFM JANITOR SUPPLIES SUPPLIES -MISCELLANEOUS ATL 3 2001 - - 1,10000 .26;OW.00 4,000.00 4,ON.00 3,235.00 247.00 297.00 179.00 17.00 10.00 900.00 49.00 239.00 237.00 I5.00 191.00 588.00 5,546.00 1,463.00 4,323.00 3,974.00, C on.: ulmool W Pe:1 0 co Tf 70 rD 2 O Z O O D C O O A m U1 W O1 P T) N 0 CALHOUN COUNTY, TEXAS Unpoaled Budget Tsansaclions - EXPEND.ADJOSTFOR 8113101 Fund Effective Code Date Dale _ Fund Title 74ansaeOon Desuiplion Dept Title GL Title (acrcase 1000 8/132001 GENERAL FUND LINE ITEM TRANSFER ROAD AND SUPPLIES -MISCELLANEOUS 17.00 BRIDGE -PRECINCT 81 1000 9/132001 GENERAL FUND LINE ITEM TRANSFER ROAD AND SUPPLIES -MISCELLANEOUS 3 00 BRIDGE-PRECD<CT 81 1000 8/132001 GENERALFUND LINE ITEM TRANSFER ROAD AND BLDG REPAIRS -PARKS 47.00 BRIDGE-PRECNCT9l 1000 8/132001 GENERALFUND LINE ITEM TRANSFER ROAD AND TELEPHONE SERVICES 198.00 BRIDGE -PRECINCT 8l 1000 8/132001 GENERAL FUND LINE ITEM TRANSFER ROAD AND TELEPHONE SERVICES 24.00 BRIDGE -PRECINCT # I 1000 8/13/2001 GENERALFUND LINE ITEM TRANSFER ROAD AND RENOVATION -BUILDING 3,933-00 BRIDGE -PRECINCT FI 1000 8/132001 GENERAL FUND LINE ITEM TRANSFER ROAD AND RENOVATION -BUILDING 4,582.00 BRIDGF.PRPCINCT81 1000 8/132001 GENERALFUND SALARY INCREASES ROAD AND MAINTENANCE EMPLOYEES 3,508.00 EFFECTIVE 10/1101 BRIDGE -PRECINCT 82 loco $1132001 GENERALFUND SALARY INCREASES ROAD AND SOCIAL SECURITY 268.00 EFFECTIVE IO/If01 BRIDG&PRECINCT 12 1000 V132001 GENERALFUND SALARY INCREASES ROAD AND RETIREMENT 322.00 EFFECTIVE IO/l/01 BRIDGE-PRECINCT82 1000 8./12001 GENERALFUND SALARY INCREASES ROAD AND WORKMENS 213.00 EFFECTIVE 10/U01 BRIDGE-PRECINCT02 COMPENSATION 10D0 8/132001 GENERALFUND SALARY INCREASES ROAD AND FEDERAL/STATE 19.00 EFFECTIVE 10/INI BRIDGE-PRECINCT02 UNEMPLOYMENT 1000 W132001 GENERAL FUND SALARY INCREASES ROAD AND ROAD & BRIDGE SUPPLIES EFFECTIVE 1011101 BRIDGE -PRECINCT 62 1000 8/132001 GENERALFUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES BRIDGE -PRECINCT 02 1000 811320DI GENERALFUND LINE ITEM TRANSFER ROAD AND UNIFORMS 300.00 - BRIDGE -PRECINCT 02 1000 8/132001 GENERAL FUND LINE ITEM TRANSFER ROAD AND TELEPHONE SERVICES 40010 BRIDGE -PRECINCT d2 1000 N1320D1 GENERALFUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES BRIDGE -PRECINCT 83 loco 8/132001 GENERAL FUND LINE ITEM TRANSFER ROAD AND MACHINERY/EQUIPMENT 1,000.00 BRIDGE -PRECINCT 03 REPAIRS 1000 81132DOI GENERALFUND LINE ITEM TRANSFER ROAD AND GENERAL OFFICE SUPPLIES 300.00 BRIDGE -PRECINCT 84 1000 8/132001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES BRIDGE -PRECINCT 94 1000 8/132001 GENERAL FUND LINE ITEM TRANSFER ROAD AND GARBAGE LOLL-POC PARKS 400.00 BRIDGE-PRECR4CT84 De2:VIWUDI 4,330.00 700.00 19 1,000.00 1,100.00 '0 W ?45 2 m N • • n Z t 0 O 0 0 E 1.4 M y N co N O W COD C• , 00 C CY 00 � b x . CL �N! .< Z 7 C•^ Gaa yy 1• W 6�6 w W w0 CD bcr < < A o �Oti < C C 0) W w yy p C .6l O K Fund EIToOdw Curie DIU Fond TOk 100D 111Y2001 OENERALFUND ION 811M I GENERAL FUND 1000 UI312001 OENERALPUND IOW UIM001 GENRALFUND 1000 11I3=01 GENERAL FUND 1000 VIXIWI GENERAL FUND low 811312001 GENERAL FUND Tool GENERAL FUND 1000 5210 V13/2001 CAPITAL PROIECTMOLD REMEDIATION $210 VIW H CAPITAL PROIECTMOLD RRMEDIATMN S210 1/13/2001 CAPITAL PROJECIMOLD REMEDIATION $210 VIMo01 CAPITAL PROTE.TMOLD RRMEDIATION TOW CAPITAL PROIE.IMOLD S210 REMEOIAMON S220 1113=1 CAPPROI. FAIRGROUNDS STORM RECOVERY TOW. CAPPROI. FAIRGROUNDS SILO STORM RECOVERY Repon Told p+,Ml l CALHOUNCOUNFY,TPXAS UnpotCd BWsotM niwd m-EXPEND.ADIU! Tfm tbn Dac*tbu LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LRIE ITEM TRANSFER LINE REM TRANSFER AMOUNT NEEDED FOR POO M1n ADDITIONAL AMOUNT NEEDED FOR PON10648 HAYES ELOC RIUD 7101 AMOUNT NEEDED FOR POI 11173 LINE ITEM TRANSFER LINE TEEM TRANSFER AMOUNT NEEDED FOR POO 16873 ADDITIONAL AMOUNT NEEDED FOR POFIWS HAYES ELEC RIC,PD 7101 Title GLIIII. ROAD AND BRIDGE -PRECINCT W CONSTABL&PREGTNCT 12 OONTTABLE-mECINLT 82 FIRE PROTECTION -PORT OCONNOR FIRE PROTECTION -PORT OCONNOR TRANSFERS TRANSFERS NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT GARBAGE COLI.SEADRIFT AUTOALLOWANCES TRAINING TRAVEL OUT OF COUNTY SUPPLIF-WPERATMO EXPENSES SERVICES TRANS.TO CAP.PROI. MOLD REME IAT70N TRANS.TO CAP.PROIFAIROND STORM RECOVERY MOLD REMEDIATION MOLD REMEDIATION CAPITAL OUTLAY TRANSFERS FROM GENERAL. FUND NO DEPARTMENT TRANSFERS FROM GENERALFUND APPP6%V"._ AUG 13 2001 01 mI lecreue Dalem IJ 100.00 S1.00 TI.00 31.00 31.00 16.000.00 1,100.00 53,613.00 S7,618.00 yp 26,000.00 0O 885.00 A I6�� 883.00 O 26,000.00pp Ol 26.985.00 26,815.00 P 1.100.00 0.00 I,loo.00 90.503.00 81,603.00 a P PyrJ v 1 ,W `v SPECIAL AUGUST TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD AUGUST 14, 2001 BE IT REMEMBERED, that on this the 14th day of August, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster (ABSENT) Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. PREPARATION OF 2002 ANNUAL AND FISCAL BUDGETS The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. to 12:00 P.M., and 1:30 P.M. until 3:00 P.M. THE COURT RECESSED. SPECIAL AUGUST TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD AUGUST 15, 2001 BE IT REMEMBERED, that on this the 15th day of August, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster (ABSENT) Shirley Foester • is County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk • Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets from 9:00 A.M. until 12:00 P.M. THE COURT RECESSED. 533 SPECIAL AUGUST TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD AUGUST 16, 2001 BE IT REMEMBERED, that on this the 16th day of August, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00 • A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: • L_J Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster (ABSENT) Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. The Court met for a Budget Workshop for the 2002 Annual and Fiscal Budgets at 9:00 A.M. THE COURT RECESSED. SPECIAL AUGUST TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD AUGUST 17, 2001 BE IT REMEMBERED, that on this the 17th day of August, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. 534 INDEPENDENT AUDIT REPORT FOR YEAR 2000 Mr. Rutledge with Rutledge Crain and Company, PC, CPA, independent auditors for Calhoun county, made the presentation of the Calhoun County Financial statement for the year ending December 31, 2000. Proposals have been made to the County Auditor regarding adjustments. He highlighted some items in the financial statement including cash and restricted cash; cash decrease due to hospital finances; cash receivable due to early payment of taxes and retained earnings due to the hospital. Rutledge Crain and Company does not audit the hospital; they have their own auditor. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the Independent auditor's Report for the year 2000. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. PUBLIC HEARING ON REDISTRICTING 2001 Judge Marshall opened the public hearing on Redistricting 2001 at 10:25 AM Commissioner Galvan informed the Court that Rolando Rios was not available for the meeting, but he sent a map of the proposed district lines. Commissioner Galvan said they tried to work out the solution for all involved. He said GI Forum and LULAC were in favor of Plan C Modified, which needs to add Westside Subdivision to Precinct #1. Leroy Belk said it would still have gerrymandering. Commissioner Galvan answered that the plan is defendable in court. Mr. Belk did not think it would pass Shaw vs. Reno. Commissioner Balajka said the people in Westside Subdivision are better served by being in Precinct #1. • Rolando Reyes asked if this plan had been approved by the State. Commissioner Galvan answered "No", but that it will be presented to the Justice Department. Mr. Reyes commented that Commissioner Finster is doing an excellent job and has a lot of land in Precinct #4. Stephanie Smith, Elections Administrator, said she could see that it looks like gerrymandering but this had to be done to pick up numbers for Precinct #2. She wished something could be done in Mariemont. Leroy Belk stated he submitted a plan to the Court which creates two minority Precincts of 57.2% and 63.8%. Precinct #1 and Precinct #2 are minority Precincts. It basically stays the same in the Waal areas (named the boundaries on the map for the L&B Plan). He said the plan has a 4.20% deviation and does away with racial gerrymandering and packing. Mayor Alex Davila questioned the segment in Mariemont being pulled out. Commissioner Balajka replied that putting it in Precinct #1 decreased his Hispanic population too much. Precinct #2 was the only one with increased population; some persons had to be given to Precincts #3 and #4, the smaller population area. He said Plan L&B is confusing. Stephanie Smith expressed concern for the confusion to voters in Mariemont. Mayor Davila said the plan should not be what is easier for the Court. He suggested trading out people at Sam Faubion Street. Mr. Belk informed him that his plan • does that. Commissioner Balajka stated he had that area in Precinct #2 now. Mayor Davila said the citizens are better served if the areas are kept more compact. Norman Boyd suggested putting Mariemom in Precinct #4. Commissioner Galvan commented that would throw everything off. Mr. Boyd asked why Vail Street was selected for the line. Commissioner Galvan informed him that was the only way to do it in 1991. The existing plan was created 10 years ago by the County Judge, a commissioner and LULAC. 535 Commissioner Floyd cited Plan Z as taking care of the disparity between Precincts #2 and #3 (population) — taking some from Precinct #2 and giving to Precinct #3. Roland Reyes said he had wondered why Westside Subdivision was in Precinct #2. Ms. Smith said that Plan Z still has all the current problems. Norman Boyd spoke on the Hispanic population and being fairly served. Commissioner Finster said they were trying to be fair to Westside — it is hard for Precinct #4 to fairly • serve them. Judge Marshall said she was not aware of the deviation numbers but wondered if Westside could be put in Precinct #2 and Mariemont in Precinct #3 — swap out the 200 people in each place. Commissioner Finster discussed Plan C Modified with changes in Precinct #4, of the Kamey and Gin Road Area going into Precinct #2. There being no other public comments, Judge Marshall closed the public hearing at 11:17 A.M. REDISTRICTING 2001 A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that Stephanie Smith, Elections Administrator, review Plan C Modified, Plan Z and Plan L&B, including the plan with the City of Port Lavaca, and make suggestions and recommendations back to: (1) Balance the population (2) reduce the number of voting precincts, and (3) not dramatically affect the racial balance. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BIDS AND PROPOSALS — LEASE OF MINERAL INTEREST AT LANDFTL SITE OWNED BY CALHOUN COUNTY IN PRECINCT #2 Commissioner Balajka informed the Court of the proposal of the Revets Corporation for • lease of the County's 3/4 mineral interest in the 174-acre tract being the landfill site (known as the Langdon Tract). Revets Corporation offered $50 per acre and 1/6 of the production, plus $10 bonus and $10 delayed rental for a 5-year term. Commissioner Floyd said if we go out for bids, the time needs to be adjusted. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to authorize the County Auditor to advertise for bids for lease of the partial mineral rights on County owned property being 174.93 acres known as the Langdon Tract (landfill site). Said bids to be opened September 14, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. WORKERS' COMPENSATION RECOVERY PROGRAM Ben Comiskey, County Auditor, explained the Workers' Compensation Recovery Program. This company would audit the Texas Association of Counties. The County could collect only on premiums overpaid. No action was taken by the Court. TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM — CONTRIBUTION RATE PLAN Is the Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that the Order amending the previously adopted annually determined contribution rate plan of the Texas County and District Retirement System be adopted. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 536 ti TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM P08ox2034Ausrfn TX 78768. 888 8234782 or 512)328-8889-Fox 512 326-6687•Prangdmfn(.'redrs.or . - NO PLAN CHANGE NOTICE AND RATE ACKNOWLEDGMENT • VARIABLE -RATE (ADCR) PLAN Calhoun County. 128 Name Subdivision Number Submit this form only if you are making no benefit changes in your plan for 2002. (Even if you are making no benefit changes, your required employer contribution rate may change.) If your subdivision is adopting any new option, right or benefit, you must submit the appropriate order or resolution. My subdivision chooses to make no plan changes for 2002. 1 understand that our employee and employer contribution rates will be: Employee Deposit Rate for 2002: 7.00% Employer Contribution Rate for 2002: 8.87% • Only the chair of the governing board or the official TCDRS correspondent may sign this form. Arlene N. Marshall Calhoun County Judge _ Name of Authorized Signer TiUe 8-30-01 Authoriz `d Sign ture Date DISTRICT CLERK -EXTENSION SERVICE - MONTHLY REPORTS The District Clerk and Extension service presented their monthly reports for July, 2001, and after reading and verifying same, a Motion was made by Commissioner Balajka and • seconded by Commissioner Floyd that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to cancel the current lease with John D. Winder, Jr. for the 80 acre tract at the landfill site know as the Langdon Tract in Precinct 42 for hay baling. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 537 Commissioner Balajka informed the Court that the Lease Cancellation was signed today by Mr. Winder. Re: Termination of contract between John D. Winder, Jr., Dba as Winder Farms, and Calhoun County Concerning Calhoun County Landfill dated March 31, 2001 • I, John D. Winder, Jr., dba Winder Farms, do hereby release all right to the Calhoun County Landfill in exchange for $440.40 and the right to finish my cutting of hay that is now in progress on said property. Also, the County of Calhoun Commissioners Court agrees that Winder Farms is relieved from any liabilityoatsoever. Upon completion of this agreement, Winder Farms relieves the Calhoun ty Commissioners Court from any liability whatsoever and the contract will be ter ate . Winder, Jr. BIDS AND PROPOSALS — LEASE OF 80 ACRE TRACT AT LANDFILL SITE FOR HAY BALING • This agenda item was passed to August 31, 2001. PENDING FINANCIAL MATTERS Ben Comiskey, County Auditor, informed the Court of a meeting regarding the 2001 Budget and the hospital problem has been scheduled for Tuesday, August 21, 2001 at 9:00 A.M., including redistricting. PRECINCT #1 (2) — COMMISSIONER PRECINCT #2 — R&B PRECINCT #2 — (3) — CAPITAL PROJECT/FArRGROUNDS STORM RECOVERY A Motion was made by Commissioner Finster and seconded by Commissioner Galvan that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. auc i � 2oa BUDGET AMENDMENT REQUEST BUDGET AMENDMENT REQUEST V AUG 1 7 2001 • 539 • • • BUDGET AMENDMENT REQUEST IN TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: BUILDING MAINTENANCE DATE: 8114/01 BUDGET FOR THE YEAR: 2001 OREQUIRED ACCOUNTNAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 1000-170-57610 OVERTIME 87 BY PAYROLL 1000-170-51540 TEMPORARY (95) 1000-170-51930 RETIREMENT 8 Total for GENERAL FUND (0) NET CHANGE IN TOTAL BUDGET (0) 540 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: JAIL DATE: 8116101 BUDGET FOR THE YEAR: 2001 k AMENDMENT GL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 1000-180-53995 UNIFORMS 455 LINE ITEM TRANSFER 1000-180-64910 PRISONER MEDICAL SERVICES 4.517 1000-180-64880 PRISONER LODGING -OUT OF COUNTY (4.972) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 AP V AUG 1 7 2N �a 4 • 541 0 • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: COUNTY CLERK DATE: 8/16101 BUDGET FOR THE YEAR: 2001 FAA= ACCOUNT NAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 1000-250-61000 COMPUTER RENTALS 3,590 LINE ITEM TRANSFER 1000-250-63830 MICROFILMING (3,590) Total for GENERAL FUND 0 liv NET CHANGE IN TOTAL BUDGE 0 A q Fm if AUG' 5 542 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: DISTRICT COURT DATE: 8116101 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNT NAME AMOUNT GLACCOUNT NO. REASON t000d30-66470 TRAVEL -CRT REPORTER-24TH 109 LINE ITEM TRANSFER 1000.430-63380 LEGAL SERVICES -CRT APPTD (109) Total /or GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET .,-,:;, 0 a %v'E " LAUG I 'i 2001 J _..,.. 1 • 543 • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 1 DATE: 8116101 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNT NAME AMOUNT _' GL ACCOUNT NO. REASON 1000-540-53992 SUPPLIES-MISC. 16 LINE ITEM TRANSFER 1000-540-53510 ROAD/BRIDGE SUPPLIES (16) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 i i AUG ! 2M . 544 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 1 DATE: 8114I01 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 1000-540-51540 TEMPORARY 1,377 REQUIRED BY PAYROLL 1000-540.51910 SOCIAL SECURITY 105 1000-540-51940 WORKERS COMPENSATION 83 1000.54Q-51850 FEDERALISTATE UNEMPLOYMENT 7 1000-540-53510 ROAD/BRIDGE SUPPLIES (1,573) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 t AUG I ('2 i • • 545 BUDGET AMENDMENT REQUEST 11 To: Calhoun {County Commissioners, Court I,V From: n 6 U t� LI 11 I f 4)- Date: • (Department making this request) S4- 0 1 • I request an amendment to the J,001 budget for the year following line items in my department: Amendment GL Account # Account Name Amount ------------- ------------------ ------------- 550-5W10 Road 66da < 500.00 e5D-5%q5 - 9015 500. 0 0 f r Net change in total budget for this department is: Other remarks/justification: Reason ------------------- AUG 1 7 2001 S 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): 546 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: R/B PRECINCT 2 DATE: 8114/O1 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNT NAME AMOUNT GLACCOUNT NO. REASON 1000550-51540 TEMPORARY 2,485 REQUIRED BY PAYROLL 1000-550-51910 SOCIAL SECURITY 190 1000550-51940 WORKERS COMPENSATION 151 1000.55051950 1000-55053510 FEDERAL/STATE UNEMPLOYMENT ROAD/BRIDGE SUPPLIES 13 e7 La$ 30 Total for GENERAL FUND 0 0 NET CHANGE IN TOTAL BUDGET AUG I 2N i • 547 • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: R/B PRECINCT 4 DATE: 8114101 BUDGET FOR THE YEAR: 2001 ACCOUNTNAME AMENDMENT AMOUNT GL ACCOUNT NO REASON 1000-570-51540 TEMPORARY 2,930 REQUIRED BY PAYROLL 1000-570-51899 WORKERS COMP ADJUSTMENTS 696 1000-57051409 MAINTENANCE EMPLOYEES (696) 1000-570-51910 SOCIAL SECURITY 224 1000-570-51940 WORKERS COMPENSATION 178 1000-570-51950 UNEMPLOYMENT 16 1000570-53510 ROAD & BRIDGE SUPPLIES (3,348) Total for GENERAL FUND (0) (0) NET CHANGE IN TOTAL BUDGET Are AUG I;W BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS- COURT I p FROM: CONSTABLE PRECINCT NO. 4 DATE: OB/16/01 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNTNAME AMOUNT "TFMON 1000-610-65180 RADIOS MAINTENANCE 101 PLINE ITEM NSFE 1000-610-60332 AUTO ALLOWANCES (101) Total for GENERAL FUND p NET CHANGE IN TOTAL BUDGET 0 APrK0V L AUG ! ( 2001 J 0 549 0 • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: FIRE PROTECTION -TRAINING FIELD DATE: 08/16/01 BUDGET FOR THE YEAR: 2001 .. AMENDMENT GL ACCOUNT NO. ACCOUNT NAME AMOUNT REASON 1000-700-65740 SERVICES 249 LINE ITEM TRANSFER 1000-700-53980 SUPPLIES/OPERATING EXPENSE (249) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 {! AUG 1 l3 550 BUDGET AMENDMENT REQUEST 14P • • 551 i • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: SHERIFF DATE: 8116/01 BUDGET FOR THE YEAR: 2001 MITEMT�RSFER Nam ACCOUNT NAME —AMENDMENT AMOUNT1000-760-53430 GL ACCOUNT NO. LAW ENFORCEMENT SUPPLIES 361 LINE 1000-760-53992 SUPPLIES -MISCELLANEOUS 327 1000-760-63920 MISCELLANEOUS 140 1000-760-65464 REPAIRS -INSURANCE RECOVERY 386 1000-001-49150 RECOVERIES -INSURANCE (386) 1000-760-60360 AUTOMOTIVE REPAIRS (828) ' Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 552 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: SHERIFF DATE: 8I14I01 BUDGET FOR THE YEAR: 2001 ACCOUNT NAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 1000-760-51620 ADDITIONAL PAY -REGULAR RATE 161 REQUIRED BY PAYROLL 1000.760-51630 COMP TIME PAY 5,897 1000-760-51516 SERGEANT (5,897) 1000-760.51610 OVERTIME (161) 1000-760-51899 WORKERS COMP ADJUSTMENTS 868 100D-760-51519 DEPUTY -LAW ENFORCEMENT (868) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 li 553 BUDGET AMENDMENT REQUEST 1� TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: VARIOUS DEPARTMENTS DATE: 8115101 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNTNAME AMOUNT GL ACCOUNT NO. REASON DEPARTMENT NAME Amount needed to pay bills approved 8/17/01 1000360-60640 INDIGENT HEALTHCARE CARE OF INDIGENTS (6,605) plus extra for estimated bills pending TRANSFERS 1000-800-98570 TRANS.TO CAP.PROJ: MOLD REMEDIATION 6.000 1000-800-98580 TRANS -TO CAP.PROJ.-FAIRGROUNDS STORM RECOVERY 605 Total for GENERAL FUND 0 g NET CHANGE IN TOTAL BUDGET 41,111 /1�� Signature of Electee`Of6datl ent Head c 554 Iye BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: VARIOUS DEPARTMENTS DATE: 8116101 BUDGET FOR THE YEAR: 2001 ACCOUNTNAME AMENDMENT AMOUNT GLACCOUNT NO. REASON DEPARTMENT NAME n nt needed to pay HeaIM 6 Safety Management Inc. INDIGENTHEALTHCARE PON 14884 1000-360-60640 CARE OF INDIGENTS (21,000) TRANSFERS 1000-800-98570 TRANS.TO CAP.PROJ.-MOLD REMEDIATION 21,000 Total for GENERAL FUND 0 0 NET CHANGE IN TOTAL BUDGET Signature of Elected OtficiallDepartment Head 555 • • BUDGET AMENDMENT REQUEST q TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -MOLD REMEDIATION DATE: 8/15101 BUDGET FOR THE YEAR: 2001 ACCOUNTNAME AMENDMENT AMOUNT GL ACCOUNT NO. REAWappmved Mill,5210-999-63990 5210-999-91010 TRANS. FROM GENERAL FUND MOLD REMEDIATION Totaf for FUND (6,000) 6,000 Amount needed to pay plus extra for estimated 0 0 NET CHANGE IN TOTAL BUDGET Signature of Elected O 'al/Depariment Head 556 BUDGET AMENDMENT REQUEST Do • Signature of EleCted omclavuepartrnent Head • 557 BUDGET AMENDMENT REQUEST C)-I 0 558 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -FAIRGROUNDS STORM RECOVERY DATE: 811W01 BUDGET FOR THE YEAR: 2001 AMENDMENT GLACCOUNT NO. ACCOUNT NAME AMOUNT REASON 5220-999.70750 5220-999.91010 CAPITAL OUTLAY TRANSFER FROM GENERAL FUND 605 (605) AMOUNT NEEDED TO PAY BILLS APPROVED 8117101 PLUS EXTRA FOR ESTIMATED BILLS PENDING goTotal /or FUND p NET PCHANGE IN TOTAL BUDGET p Signature of Elected O"t al/Department Head 40 559 CA LHOUNCUUN I Y,'I EXAS Unposted Budget Transactions -REVENUE ADJUST. 9/17/01 Fund Session Code Date Fund Title Transaction Description Dept Title 1000 8/172001 GENERAL FUND LINE ITEM TRANSFER REVENUE Total 8/17/2001 Total GENERAL FUND 1000 Report Total GL Title RECOVERIES -INSURANCE Increase Decrease 386.00 386.00 386.00 0.00 0.00 386.00 0.00 API - ADry 1 7 2001 Dne'. Vt6 001 • • P., I • ALHOUN COUNTY, TEXAS • Unposte Wransactions - EXPEND.ADIUST.FOR 8/17/01 Fund Code 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Effective Date Fund Title 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/17/2001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERALFUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND W172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 9/172001 GENERAL FUND 9/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND Transaction Description LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER AMOUNT NEEDED TO PAY CARPROI. BILLS AMOUNT NEEDED TO PAY CARPROJ. BILLS LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL Dept Title EXTENSION SERVICE EXTENSION SERVICE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE JAIL OPERATIONS JAIL OPERATIONS JAIL OPERATIONS COUNTY CLERK COUNTY CLERK INDIGENT HEALTH CARE INDIGENT HEALTH CARE DISTRICT COURT DISTRICT COURT ROAD AND BRIDGE -PRECINCT M I ROAD AND BRIDGE -PRECINCT M I ROAD AND BRIDGE -PRECINCT M I ROAD AND BRIDGE -PRECINCT k I ROAD AND BRIDGE -PRECINCT p I ROAD AND BRIDGE -PRECINCT M I ROAD AND BRIDGE -PRECINCT 01 ROAD AND BRIDGE -PRECINCT N2 GL Title AUTO t I., ALLOWA} CES-CEAFCS AGENT AUTO ALLOWALMMMT TEMPORARY OVERTIME RETIREMENT REPAIRS -AG BLDG, FAIRGROUNDS REPAIRS-SAUER BLDG UNIFORMS PRISONER LODGING -OUT OF COUNTY PRISONER MEDICAL SERVICES COMPUTER RENTALS MICROFILMING CARE OF INDIGENTS CARE OF INDIGENTS LEGAL SERVICES -COURT APPOINTED TRAVEL -COURT REPORTER-24TH TEMPORARY SOCIAL SECURITY WORKMENS COMPENSATION FEDERAUSTATE UNEMPLOYMENT ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES SUPPLIES -MISCELLANEOUS TEMPORARY L�T258.00 95.00 87.00 8.00 439.00 439.00 455.00 4,972.00 4,517.00 3,590.00 3,590.00 21,000.00 6,605.00 109.00 109.00 1,377.00 105.00 83.00 7.00 16.00 2,485.00 1,573.00 16.00 D. N1WW1 1 A Y i Fund Code 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Effective Date Fund Title 8/172001 GENERALFUND 8/172001 GENERALFUND 9/172001 GENERAL FUND 8/172001 GENERALFUND 8/172001 GENERAL FUND 8/172001 GENERALFUND 8/172001 GENERAL FUND 8/17/2001 GENERAL FUND 9/1712001 GENERALFUND 9/172001 GENERALFUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 9/172001 GENERALFUND 8/172001 GENERAL FUND &172001 GENERAL FUND 8/172001 GENERAL FUND 9/172001 GENERALFUND 8/172001 GENERAL FUND 9/172001 GENERALFUND 8/172001 GENERALFUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND CALHOUN COUNrY,'I EXAS �}'�- Vj Ow V ✓ Unposted Budget Transactions - EXPEND.ADIUST.FOR 8117101 AUGI.2N Transaction Description REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER REQUIRED BY PAYROLL LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL 10,00 8/1720010ERALFUND REQUIRED BY PAYROLL Dec wi�mi Dept Tide ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #4 ROAD AND BRIDGE -PRECINCT #4 ROAD AND BRIDGE -PRECINCT 04 ROAD AND BRIDGE -PRECINCT #4 ROAD AND BRIDGE -PRECINCT #4 ROAD AND BRIDGE -PRECINCT #4 ROAD AND BRIDGE -PRECINCT #4 CONSTABLE -PRECINCT #4 CONSTABLE -PRECINCT #4 FIRE PROTECTION -TRAINING FIELD FIRE PROTECTION -TRAINING FIELD ADULT PROBATION ADULT PROBATION SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF • GL Title 1 crease Dem SOCIAL kCURITY 190.00 WORK .HENS 151.00 FEDERAVSTATE UNEMPLOYMENT ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES TOOLS MAINTENANCE EMPLOYEES TEMPORARY WORKERS COMP ADJUSTMENTS SOCIAL SECURITY WORKMENS COMPENSATION FEDERAUSTATE UNEMPLOYMENT ROAD & BRIDGE SUPPLIES AUTO ALLOWANCES RADIO MAINTENANCE SUPPLIES/OPERATING EXPENSES SERVICES GENERAL OFFICE SUPPLIES MISCELLANEOUS SERGEANT DEPUTY -LAW ENFORCEMENT OVERTIME ADDITIONAL PAY -REGULAR RATE COMP TIME PAY 13.00 500.00 2,838.00 $00.00 696.00 2,930.00 696.00 224.00 178.00 16.00 101.00 3,348.00 101.00 249.00 249.00 167.00 167.00 5,897.00 868.00 161.00 161.00 5,897.00 • N,: 2 • Fund Code 1000 1000 1000 1000 1000 1000 1000 1000 1000 Total 1000 5210 5210 5210 5210 5210 5210 5210 5210 Total 5210 5220 5220 Et%ctive Date Fund Title 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND 81172001 GENERAL FUND 8/172001 GENERAL FUND 9/172001 GENERAL FUND 8/172001 GENERAL FUND 8/172001 GENERAL FUND GENERAL FUND 8/172001 CAPITAL PROJECTMOLD REMEDIATION 8/172001 CAPITAL PROJECTMOLD REMEDIATION 9/172001 CAPITAL PROJECTMOLD REMEDIATION 81172001 CAPITAL PROJECTMOLD REMEDIATION 8/172001 CAPITAL PROJECTMOLD REMEDIATION 8/172001 CAPITAL PROJECTMOLD REMEDIATION 8/172001 CAPITAL PROJECTMOLD REMEDIATION 8/172001 CAPITAL PROJECTMOLD REMEDIATION CAPITAL PROJECTMOLD REMEDIATION 8/172001 CAP.PROJ. FAIRGROUNDS STORM RECOVERY 8/172001 CAP.PROJ. FAIRGROUNDS STORM RECOVERY NOUN COUNT V,TEXAS -• 7 Unposted 8Olmsactions-EXPEND.ADJUST.FORS/17/01 I t AUG7 9(�(� Transaction Description Dept Title GL Title! UI fnde�' j Dea REQUIRED BY PAYROLL SHERIFF WORKERS COMP 868.00 ADJUSTMENTS LINE ITEM TRANSFER SHERIFF LAW E40RCEMENT 361.00 LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER AMOUNT NEEDED TO PAY CAP.PROJ. BILLS AMOUNT NEEDED TO PAY CARPROJ. BILLS AMOUNT NEEDED TO PAY CAP.PROJ. BILLS LINE ITEM TRANSFER AMOUNT NEEDED TO PAY CAP.PROJ. BILLS HEALTH & SAFETY MANAGEMENT PON 14884 LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER AMOUNT NEEDED TO PAY CAP.PROJ. BILLS HEALTH & SAFETY MANAGEMENT PDX 14884 AMOUNT NEEDED TO PAY CAP.PROJ. BILLS AMOUNT NEEDED TO PAY CARPROL BILLS SHERIFF SHERIFF SHERIFF SHERIFF TRANSFERS TRANSFERS TRANSFERS NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT SUPPLI SUPPLIES -MISCELLANEOUS AUTOMOTIVE REPAIRS MISCELLANEOUS REPAIRS -INSURANCE RECOVERY TRANS.TO CAP.PROJ. MOLD REMEDIATION TRANS.TO CAP.PROJ. MOLD REMEDIATION TRANS.TO CAP.PROJ.FA1RGND STORM RECOVERY MISCELLANEOUS MOLD REMEDIATION MOLD REMEDIATION MOLD REMEDIATION TELEPHONE SERVICES UTILITIES TRANSFERS FROM GENERAL FUND TRANSFERS FROM GENERAL FUND CAPITAL OUTLAY TRANSFERS FROM GENERALFUND 327.00 140.00 386.00 6,000.00 21,000.00 605.00 828.00 r I 54,696.00 54,310.00 802.00 6,000.00 21,000.00 1,377.00 213.00 362.00 6,000.00 21,000.00 r 28,377.00 28,377.00 605.00 605.00 Psae: 3 411, co in Fund Effective Code Date Fund Title Total CAP.PROJ. FAIRGROUNDS 5220 STORM RECOVERY Report Total CALIIOUN COUN7Y,TEXAS Unposted Budget Transactions - EXPEND.ADJUST.FOR 8/17/01 Transaction Description Dept Title GL Title Increase Decrease 605.00 605.00 83,678.00 83,292.00 y � m ,LL AUG 1 7 2001 Detc: U162001 0 P.,1. 4 0 A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that an additional invoice in the amount of $1,319.29 for automobile maintenance be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ADDITIONAL BILLS FOR APPROVAL 8/17/01 • REPAIR INVOICES RE: MAURITZ & COUEY ERROR -DIESEL IN FUEL TANK -PRECINCT FOUR (MAURITZ & COUEY IS TO ISSUE A CHECK PAYABLE TO CALHOUN COUNTY TO REIMBURSE) VENDOR PO# AMOUNT AUTO MARINE PARTS & SUPPLY 14364 $ 116.03 (POC FIRE DEPT) COASTAL BEND MARINE & AUTO 11835 101.26 (POC AMBULANCE DEPT) LAVACA BAY AUTO WORLD 11809 373.74 (PCT 4 VEHICLES) PORT CITIES FORD 11810 648.18 (PCT 4 VEHICLES) PORT CITIES FORD 14414 80.08 (PCT 4 VEHICLES) TOTAL $1,319.29 GENERAL DISCUSSION County Auditor Ben Comiskey informed the Court of the Formosa contribution to the Tax Anticipation Notes made yesterday. • ACCOUNTS ALLOWED — COUNTY Claims totaling $218,804.91 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. GENERAL DISCUSSION Commissioner Balajka commented on dogs in the Six -Mile area being picked up. His concern was that animals were being euthanized too quickly. Judge Marshall informed the Court of a meeting scheduled for August 27, 2001 at 7:00 P.M. at the Ag Building between Burlington Railroad, The Rural Rail Transportation District, Commissioners' Court, Drainage District #10 and Drainage District #11 concerning the US Highway 87 construction project and the proposed railroad in the Kamey and Clark's Station areas. Sheriff B. B. Browning said the Highway Patrol arrested a woman for unauthorized use of a vehicle and drug paraphernalia. She refused to wear clothes in the jail and was creating problems. He asked if anything was being done on the jail feasibility study. Judge Marshall replied that a meeting is scheduled for August 31, 2001. • Commissioner Finster mentioned the Seaport Lake Subdivision Plat being submitted for approval on the August 31, 2001 agenda. THE COURT ADJOURNED AT 11:58 A.M. 56.5... SPECIAL AUGUST TERM HELD AUGUST 21, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 21 st day of August, A.D., 2001 there was begun • and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: 0 • Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. Commissioner Balajka asked that Patricia Kalisek, who lost her mother this morning,.be remembered in our prayers. REDISTRICTING 2001 Commissioner Galvan discussed Precinct #2 assuming Westside Subdivision and Precinct #1 taking in Mariemont, but this put the deviation over 10%. Stephanie Smith, Elections Administrator, said she had done all three plans, combined with the City plans. Plan Z, as of now, has 26 polling places, Plan L&B has 26, and Plan C. Modified has 27. She said with Plan Z, it is best to go with a few minor changes — it has 17 voting places in the city limits. She mentioned ways to eliminate some voting places with in the city limits and working within the city ward lines. Regarding Plan C Modified, changes need to be made in the fertilizer plant area. Leroy Belk said Plan L&B has 15 voting precincts in the city limits. Ms. Smith suggested the Court decide which plan they are likely to go with and work on it. The Court decided that Commissioner Galvan would contact Rolando Rios and request that he come to work with the potential changes that have been made by the Court to determine if we are still in the 10"/u deviation with these changes. Commissioner Finster stressed the goals as: (1) reduce the number of polling places, (2) convenience for the public within the four precincts, i.e. having to go to Seadrift from Port Lavaca on JP matters, and (3) make it easier for people to get to the polls. No action was taken by the Court. BUDGET WORKSHOP ON THE 2002 ANNUAL AND FISCAL BUDGETS The Court received from the County Auditor a temporary 2002 Proposed Budget Summary which incorporated any changes. Commissioner Finster reduced 2 line items in his precinct budget which reduced his budget by $10,000. 566 County Auditor Ben Comiskey requested the Court note any changes in their budget so they can be put in the computer. The Court discussed employee job descriptions and positions. Commissioner Balajka asked why we have policies that are not enforceable. Mr. Comiskey answered that it was • good for the County to have policies - guidelines. Commissioner Floyd said that job descriptions are really for future potential employees, not those already in place. He discussed ways of changing salary orders. The Court submitted their budget changes to the County Auditor. Commissioner Balajka would like to have Cindy Mueller with the Auditor's Office to let him know how much of an increase there will be in his precinct. He commented on bringing Precincts #1 and #2 employees up to the pay level of Precincts #3 and #4. REVENUES PROPERTY TAXES SALES TAXES OTHER TAXES LICENSES AND PERMITS INTERGOVERNMENTAL FEES FOR SERVICES FINES AND FORFEITURES INTEREST OTHER REVENUES TRANSFERSIN TOTAL REVENUES EXPENDINRES SALARIES BENEFITS SUPPLIES SERVICES CAPITAL OUTLAY DEBT SERVICE TRANSFERS OUT TOTAL EXPENDITURES EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES ESTIMATED BEGINNING CASH ESTIMATED ENDING CASH EXPENDITURE BUDGET BY FUNCTIONS COMMUNITY DEVELOPMENT CONSERVATION CULTURE AND RECREATION DEBT SERVICE FINANCIAL ADMINISTRATION GENERAL ADMINISTRATION HEALTH AND WELFARE JUDICAL LEGAL PUBLIC FACILITIES PUBLIC SAFETY ROADS AND BRIDGES SANITATION SOCIAL SERVICES TRANSFERS OUT TOTAL EXPENDITURES COUNTY AUDITORS OFFICE 01110411#089 TY, JZUS ZBBYPBBPBSiBBBBGiT$ffNA BP GENERAL FUND SPECIAL REVENUE FUNDS DEBT SERVICE FUND CAPITAL PROJECT FUNDS COUNTY TOTAL HOSPITAL ENTERPRISE FUND COUNTY& HOSPITAL TOTAL $10230,DD0 $3.500 $585,900 $10,819,400 $10.819.400 $1,200,DD0 $1,2w.000 $120Q000 S27,000 $14,400 S41,400 $41.400 $13.500 $405,000 $498,500 $4981500 $265,000 $0 $905.472 $1.170,472 $1.170,472 $347,390 $76.250 $423.640 S423,640 $208,500 $130.000 S33GAM $338,500 5425,000 551,185 $25.000 $501.165 516,0NAIS $18,536,480 580:400 $5.800 $850.000 =15,358 $1,142,568 $1.142,568 5600,000 $850.7501 $200,000 $1,650,750 $1.767,781 S3,418,531 $13,3]4 ]90 $706.115 $2,311,850 $1,331,840 $1T,]84,395 $17,8M.W6 53$586,491 $0 $4,697,992 $7,D00 $4.704,992 S7,400,498 $12,105,490 $2,341,600 $589 $2,342,189 $1,750,911 $4.093.100 $1.530.854 $105.172 $40,000 $1.878.028 $6,654.916 $8.330.942 $4,090.610 $61,805 $325,140 $4,477,555 $1,995,771 $8.473.326 SM7,952 $1,302,059 $966,700 $2,998,711 $2.06.711 S1,435,900 $1,435,900 $1,435,900 $1,967,781 $6D0,000 $850,750 $3.418.531 $3,418,531 $15.356,709 $2.075 625 $2,286,650 $1.331.840 $21.051.904 $17,802,096 $38.854,000 ($1,981,999) ($1,310,510) $25,000 $0 ($3,267,509) SD ($3257,509) 0 $5.0KO S2,178,640 $850,000 F $0 $8,028.640 $0 $8,028,860 $3 018 001 1 $868,130 $875,000 1 $0 S4,781,131 1 $0 $4,781 131 $160,511 $160,511 $160,511 $7,750 $200,000 $207.750 $207.750 $422.451 $1.131.840 $1,554,301 $1,564,301 $20,183 $1,435,900 $1,456,083 $1.456,083 $745,737 $746.737 $745,737 $951.047 $51,084 $1,002,111 $1,002.111 $1,690,514 $1,696,514 $17,802,096 $19,498,610 51,229,948 $1.229.940 $1.229.948 $431.388 $16,589 $4 7,957 $447,957 $713,838 $31,599 $745,235 $745,235 $3.305.737 $16,000 $3,324,737 $3.324.737 $3,419,447 $1.381.373 $4,780,820 $4,780,620 $183,583 $183,563 $183,563 $98.10B $98.100 $98,108 31,987,7B1 $800,000 5850,760 $3,418 531 $3,418 531 515358789 $2,076626 $22B8650 $1,331,840 E21,051904 E17802,098 $38864000 0/17/2001 0 • 567 08/21/2001 09:36 512-893-5309 CALHOUN CO PCT 3 PAGE 02 A. Titles: t • a • a t• ul' • 1. Foreman 2. Leadman • 3. Operator (Operator First Class) 4. Truck Driver (Operator Second Class) 5. Maintenance Employee • B. Job Standards: 1. Texas Dept. of Public Safety License a. Operators License b. Commercial Drivers License 1) Class a) A b) B c) C 2) Endorsements (added) a) Hazardous Matenaals b) Tank Vehicle 3) Restrictions (removed) a) Air Brakes 2. Texas Dept. of Health License a. Certified Pesticide License 3. Texas Dept. of Agriculture a. Non -Commercial Pesticide Applicators License C. Equipment: 1. Tar Truck 2. 'Maintainer 3. Gradall 4. Back Hoe 5. Front End Loader 6. Tractor & Bat Wing or Side Boom Mower 7- Dump Truck 8. Compactor (Self Propelled) GENERAL DISCUSSION 9. Tractor & Single Rotary or Flail Mower 10. Tractor & Compactor 11. Truck & Trailer 12. Truck a. Flat Bed b. Pickup 13. Automobile Judge Marshall informed the Court that Mr. Larry Nichols, Calhoun County Independent School District superintendent, has offered to give $103,000 for the Calhoun County Boot Camp from the School District in return for law enforcement at school functions. Mr. Comiskey said they would need to talk to the Sheriff concerning this and would need an interlocal agreement between the school and the County. Commissioner Finster expressed his appreciation to Mr. Comiskey for being at the budget workshops. M Commissioner Floyd discussed Port Alto and Sunilandings Subdivisions in Precinct #3. He cited a deed from Anita Koop to Leonard Kunefke, etux, on canals and tracts in the Sunilandings Phase I Subdivision acquired by Anita Koop at a Sheriff's sale on the Paul Chen, et al, properties. He said he was told that Koop bought it from the County but it was bought at a Sheriff's Sale. Commissioner Floyd said he was told they are trying to sell it to adjoining property owners for $2,000 a lot. He will see an attorney to see what the issues are and if the County should get involved. Commissioner Finster suggested that letters be sent to the property owners that the County has no claim to these canals as stated by Mr. Kunefke. Commissioner Floyd said he would talk to an attorney to separate the County from this issue. Judge Marshall informed the Court that she would be out Friday to attend a trauma meeting. Commissioner Galvan said he was trying to get an audience in Austin regarding saving the bridge at the beach near the monument. THE COURT ADJOURNED AT 11:35 A.M. SPECIAL AUGUST TERM HELD AUGUST 27, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 27th day of August A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 7:00 P.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall (ABSENT) Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster (ABSENT) Shirley Foester County Judge Commissioner, Pet. 1 Commissioner, Pet. 2 Commissioner, Pet. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: DISTRICT CALHOUN COUNTY COMNIISSIONERS' COURT, CALHOUN COUNTY DRAINAGE DISTRICT #10 AND CALHOUN COUNTY DRAINAGE nrcTRrr T tit t _ RYDRAIILIC STUDY AT US HIGHWAY 87 REGARDING Judge Marshall opened the joint meeting of the Burlington Northern and Santa Fe Railroad, Calhoun County Rural Rail Transportation District, Calhoun County Commissioners' Court and Calhoun County Drainage Districts #10 and #11 at 7:00 P.M. which was held at the Calhoun County Agriculture Building auditorium at the fairgrounds. She turned the meeting over to Mike Rothmann, Chairman of Drainage District #11. He stated that the drainage districts and the rural rail have the majority of land covered by the route of the railroad. The Railroad Company wanted to come before as many governing bodies and citizens of the county as possible to present their plans. He turned the meeting over to Ray Herman with Burlington Northern and Santa Fe Railroad. • u L� 569 Mr. Herman said a hydraulic drainage study was done and Jerry with Trans Systems Corp. of Fort Worth will give the details. They want to insure there are as few rail lines as possible to impact the existing drainage in the area. They worked with Dow Chemical to develop a line to connect to the Union Pacific line. He detailed the proposed route which is designed to take advantage of the property lines in the area and existing railroad easement that was acquired by Union Carbide several years ago. He said some modifications were made to that alignment. They are now required to use the 6 degrees for safety and to acquire an additional 40-foot easement to make a 90-foot easement and to have room for the drainage district to provide an access road for railroad maintenance, etc. He discussed methods of crossing creeks, ditches and highways for a distance of 7.8 miles. The plan is to start construction in January 2002 and to be complete April 2003. They are now in the permit process, September 7 h will begin the 30-day public review and comment time, through October 9, 2001. Following that, the environmental assessment will be done for a final ruling. He stated this meeting is to show how they propose to address the drainage in this area regarding the new rail line and to get comments and suggestions. They enlisted Trans Systems Corp. of Fort Worth to help with the drainage analysis. One main concern was to find the structures of the bridges and the rail lines so the existing drainage conditions would not be adversely affected in any way. The 100-year event was used to let water out of the area to deal with folding conditions. He explained the types of structures to be used. Jerry with Trans Systems Corp. stated his charge was to make sure the design did not impact any existing drainage structures and to not change any drainage characteristics there materially. He explained the terrain and slope of the land, etc. and the steps to be taken regarding the drainage. The drainage districts will receive a copy of this report. The largest drainage area is the Chocolate Bayou area being 25,000 acres (district #5). The second largest is Agua Dulce (district #7) with 5,500 acres. The last is the Coloma area (drainage #12) which drains along Farik Road into Coloma Creek. He mentioned the 100-year event in relation to storms occurring in any given year- duration and intensity of the water is going to move down and will also get backwater. The only • reason this isn't draining is because there is enough fall from here to the Gulf of Mexico - it's been strained. That is why the water in not draining out, it is just rolling back. The water does not move very fast over the flat ground. Commissioner Balajka asked if they had checked above Chocolate Creek to the Victoria County area. Jerry replied that they looked at the whole drainage area, district #5, which goes into Victoria County. All the water from the 25,000 area district is being picked up. Commissioner Balajka said that above Kamey on Chocolate Creek, Victoria County is building a canal, which will dump water on Calhoun County. Jerry replied on the study, the drainage area is looked at and it does not matter how quickly it gets there, you look at the area that the rainfall is falling into. Someone mentioned that Highway 87 has been under water at times in several places. Jerry said district #5 goes all the way up into Victoria County. He stated the Texas Department of Transportation also studied this area when they built that bridge even back before the plant was interested in this. Their calculations show 6,900 cubic feet per second of water coming through here. We calculated more than they did, about 7,200 cubic feet per second — a lot more water coming down. Commissioner Balajka stated that when they built that bridge on Highway 1679 all of that which became the better part of that 25,000 acres was solid rose hedge and took the water • a long time to get to that bridge. Now it comes overnight. Every structure Tex DOT is putting in now is what the 100-year floodplain called for. The computer does not show how it happened. 570 Jerry said the next step is to determine the flow and your structures in the area. The computer programs do that. The best illustration is the bridge at Chocolate Bayou. On the little tributary, there is a path that is only 298 acres (district #4). We are designing a four span bridge to go across there. Drawings show the watershed elevation and obstruction. This is much bigger that the ditch there right now. The larger bridge on Big Chocolate Bayou — 300-feet — is specifically designed to withstand the water there. He explained the structures on both sides of the railroad track; accommodations to be made down below for the water that will be created when excavation is done under the bridge. He said the water goes back into the same channel. We need to make sure the water keeps going through the structure to channel the water so it goes under the bridge and gets back into its channel. The structure will not impede the water when it gets to it but it passes through it. There is a drainage ditch on both sides of the structure. The water comes up, hits the horizontal pipes and passes through, then moves down. It the water comes back up, it moves to the next pipe, comes back to the channel and goes out. hi a hundred years, everything that is blue (on the drawing) will have water on it and there is nothing that can be done about it. I'm trying to make sure that all the blue does not stay on this side; make sure that the ditches will have to be deeper and wider the closer it is to Chocolate Bayou. There will be 8 boxes on either side of the bridge to make sure the water can pass through back and forth. After a question and answer session, Jerry explained the paths of the water from their different drainage districts. He said they did have NRCS approval for the drainage districts. Leroy, the NRCS representative had asked that the drainage district voice their concerns to him. He had been told to maintain the status quo regarding drainage and to not make it worse. In discussion, it was learned that emergency response plans are in place, if needed and they will also train local responders. The issues of the landowners have been adequately addressed. Some fill dirt will be needed which may be taken out of the ditches or from area landowners. THE MEETING ADJOURNED AT 8:30 P.M. SPECIAL AUGUST TERM HELD AUGUST 28, 2001 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 28th day of August A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 1:00 P.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. E Is • 5'71 APPROVE TXDOT AIRPORT PROJECT PARTICIPATION AGREEMENT Commissioner Balajka stated that he has a listing of all the construction work on the county airport and a financial statement for the County, which is required by the Texas Department of Transportation, before the contractors may begin work. The County's share of the cost was $27,000 but it was reduced to $25,859 because a refund will be received. These documents need taken to legal counsel for review. He had been authorized to handle these documents but as this is an agreement for the work, it has to be brought before the Court. The work will be on the slurry seal at the airport on the south. The east -west runway, although grass, is now open. Alcoa will donate black belting for athe markings. A Motion was made by Commissioner Balajka and seconded by Commissioner Finster that Commissioner Balajka be authorized to approve and sign the Texas Department of Transportation airport project participation agreement (federally and state assisted airport development grant). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally and State Assisted Airport Development Grant) Part I - Identification of the Project TO: Calhoun County, Texas TxDOT Contract No.: 1XXFA127 TxDOT Project No.: AP CALHOUN 1 TxDOT CSJ No.: 0121PTLAV FROM: The State of Texas, acting through the Texas Department of Transportation • This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and Calhoun County, Texas, (hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp). The project is described as follows: construction services to rehabilitate, stripe and mark Runway 14-32; rehabilitate and mark parallel taxiway; rehabilitate apron; upgrade airport signage with non -illuminated signs at the Calhoun County Airport. The Sponsor applies for federal and state financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above. The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States. • Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in the Airport Project Participation Agreement and its acceptance of this Offer as provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the project and compliance with the assurances and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety 1 of 26 572 • percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Part H - Offer of Financial Assistance The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp). 2. It is estimated that construction project costs will be approximately $258,590.00 (Amount A). It is further estimated that approximately $258,590.00 (Amount B) of the project costs will be eligible for federal and state financial assistance, and that federal and state financial assistance will be for ninety percent (90%) of the eligible project costs. Final determination of federal and state eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project. The maximum obligation of the. United States payable under this offer shall be $74,000.00 • (Amount C) in federal non -primary entitlement funds. The maximum obligation of the State under this offer shall be $158,731 (Amount D). This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 4. It is estimated that the Sponsor's share of the total project costs will be $25,859.00 (Amount E). The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share and state share (Amount C and D). It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal and state percentage of financial participation as heretofore stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. It is mutually understood and agreed that if, during the life of the project, the State determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or • five (5%) percent, whichever is greater, the grant amount can,be unilaterally reduced by letter from the State advising of the budget change and a refund of the sponsor share of the reduction will be done. Conversely, if there is an overrun in the eligible project costs, 2 of 26 573 the State may increase the state financial portion of the grant to cover the amount of overrun not to exceed the statutory twenty-five (25%) percent limitation, and will advise the Sponsor by letter of the increase. Upon receipt of the aforementioned letter, the maximum obligation of the State is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount. • Federal financial assistance may not be increased under this grant. Participation in additional eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. Payment of the eligible share of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the FAA shall prescribe. Final determination of the eligible share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the eligible share of costs. 6. Sponsor's share of project costs (Amount E) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. 7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as heretofore stated. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. • Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount E) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. PART III - Sponsor Responsibilities 1. In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Certification of Airport Fund, attached and made a part of this agreement; and 3 of 26 574 • b. it will comply with the Attachment B, Certification. of Project Fund, attached and made a part of this Agreement; and C. it will comply with the Attachment C, Airport Assurances (9/99)(State Modified 9/99), attached and made a part of this Agreement; and d. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and e. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and f. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without unjust. discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of • aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and h. it shall not permit non -aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and i. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the Sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through -the -fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and j. it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate of Airport Property Interests shall be pledged to airportuse and shall not be removed from such use without prior written approval of the State; and k. the Sponsor shall submit to the State annual statements of airport revenues and 4 of 26 575 expenses as requested; and 1. all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The • proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites). Sponsor shall not be required to pledge income received from the mineral estate to airport use unless state and/or federal funds were used to acquire the mineral estate of airport lands or any interests therein; and M. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and n. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and • o. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt: Code Ann. §§241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and p. it will provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and q. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with 5 of 26 • 576 n I� this project, to enter private property for purposes necessary to this project; and all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and S. it shall take all steps, including litigation if necessary, to recover funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State. . 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project. 3. The Sponsor, to the extent of its legal authority.to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and the Agreement shall comprise a contract, constituting the obligations and rights of. the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become • effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. 5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for 6 of 26 577 operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. 6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. • 7. The Sponsor shall have on file with the State, Attachment D, Certification Regarding Drug -Free Workplace Requirements, attached and made a part of this agreement. 8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 9. SPECIAL CONDITION: Except for instrument landing systems acquired with A1P funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership, operation, or maintenance of any sponsor -acquired equipment, except for instrument landing systems. 10. SPECIAL CONDITION: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance • management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment E "Pavement Maintenance Management Program", attached and made a part of this agreement. Part IV- Nomination of the Agent The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State agrees to assume the responsibility to assure that all aspects of the grant and project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as 7 of 26 • 578 otherwise specifically provided. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: Receiving Disbursing Agent: a. apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation made pursuant thereto, and the Sponsor; b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs; and C. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: • d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts; Contracting Agent: e. advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; certify consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; f. administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized Business (HUB) Programs in accordance with federal and state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; h. coordinate and review project plans, specifications and construction, coordinate and conduct progress and final inspections. Construction Phase: i. authorize the advertisement, receipt and opening of bids for construction of the 8 of 26 579 above project; and award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project; • j. participate in pre -bid and pre -construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders; k. review, approve and maintain record drawings. PART V - Recitals 1. The State and Sponsor shall obtain an audit as required by federal or state regulations. 2. The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement. 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies of law. • 4. The United States and the State of Texas shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incidental to, compliance with this grant agreement. 5. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the State shall not be a party to any other contract or commitment, which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. 6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following: a. The reasons for the suspension and the corrective action necessary to lift the suspension; b. A date by which the corrective action must be taken; 9 of 26 • ME • C. Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Agreement. X however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project is to the Agreement, provided however, these remedies shall not limit the State's.authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 8. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably be denied or delayed. 9. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 10. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7 of • Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 4 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport 10 of 26 Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided. • r� LJ 11 of 26 • 582 Part VI - Acceptance of the Sponsor Calhoun County, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement. Executed this day of S 2001. Calhoun County, Texas Sponsor Witness Signature Signature Witness Title Title + Certificate of Sponsor's Attorney 7 I, 1 ze &( , acting as attorney for adzpb ",, Texas, do certify that I have fully examined the Agreement and the proceedings taken bf the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at'?a J LfJ CA , Texas, this 6_ day of ,� �e�w . a 12001. -L'o-nd.-C-L Witness Signature Witness Title 12 of 26 • is 583 Part VII - Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants • heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION J David S. Fulton, Director Aviation Division Texas Department of Transportation Date: �%i /O 13 of 26 • UM ATTACINffiNT A CERTIFICATION OF AIRPORT FUND The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. 14 of 26 Calhoun County Texas (Sponsor) • 585 ATTACHMENT B CERTIFICATION OF PROJECT FUNDS • TxDOT Contract No.: 9X2FA029 TxDOT CSJ No.: 0121PTLAV The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as identified in the Airport Project Participation Agreement for said project will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount Date Available State Treasury $25 859 immediately The Sponsor, has caused this to be duly executed in its name, this OS"day of�,C_ , 2001. • 15 of 26 0 Calhoun County_ Texas (Sponsor) 4 �•.�_ i :.., ____01 _ 1 RON • ATTACHMENT PART V ASSURANCES Airport Sponsors A. General There assurances shall be complied with in the Performance of grant agreements for airport development, airport planning and noise compatibility program grants for airport sponsors. These -mamas are required to be submitted as part of the project Airport Project Participation Agreement (hereinafter referred to as "APPA") by sponsors requealingfunds under the provisions of Title 49, U.S.C., subtitle VII, as amended As used herein, the tens "public agency sponsor" means a public agency with control of publicans airport; the term "private sponsoe means a private owner of a publiw airport; and the term "sponsor" includes both public agency sponsors and private Upon acc epance of the grant offer by the sponsor, these assurances arc incorporated in and become part of the grant alpe crd B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Project$ Undertaken by a Public Agency Sponsor. The terms, conditions and assurances ofthe grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) year from the date of acceptance of grant offer of Federal funds for the project However, there shall be no limit en the duration ofthe assuranw regarding Exclusive Rights and Airport Revenue an long n the airport is used as an airport There shall be no limit on the duration ofthe terms, oonditions, and essuranm with respect to real property acquired with federal funds. Furthermore, the duration ofthe Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except tha the useful life ofproject items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurvrces 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The tenor, conditions, and assurances ofthe grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and artitics, with respect to this grant that; • 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive order; policies, guidelines, and requirements as they relate to the project, acceptance and use of Federal funds for this project including but not limited to the following. Federal Legislation A. Title 49, U.S.C., subtitle VB, a amended b. Davir-Bemn Act- 40 U.S.C. 276(a). etw.r C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d Hatch Act- S U.S.C. 1501, at seq.' a Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601. d sec." E National Historic Preservation Act of 1966 - Section 106 -16 U.S.C. 470(f).' g Ambeological and Historic Preservation Act of 1974 -16 U.S.C. 469 through 469a' IL Native Americans Curve Repatriation Act - 25 U.S.C. Section 3001, etJsa . i. Clean Air Act, P.L 90.148, as amended j. Coastal Zone Management Act, P.L 93-205. as amended k Flood Dimster Protection Act of 1973 - Section 102(a)- 42 U.S.C. 4012a.' 1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973.29 U.S.C. 794. n. Civil Rights Act of1964-Title VI- 42 U.S.C. 2000d through d4. o. Age Discrimination Act of 1975 .42 U.S.C. 6101, et sea. P. American Indian Religious Freedom Act, P.L 95-341, as amended q. Architectural Barriers Act of 1969 42 U.S.C. 4151, a sea.' r. Power plant and Industrial Fuel Use Act of 19,78 - Section 403- 2 U.S.C. 8373.' a Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seo.1 t Copeland Amikidcback Act -18 U.S.C. 874.' U. National Environmental Policy Act of 1969 - 42 U.S.C. 432L at seo.1 V. Wild and Scenic Rivers Act, P.L 90542, as amended W. Single Audit Act of 1994.31 U.S.C. 7501, et sm.' z Drug -Free Workplace Act of 1999 - 41 U.S.C. 702 through 706. Executive Orden Executive Order 11246. Equal Employment Opportunity' • Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - IntergovemmrnW Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental lustier 16 of 26 587 Federal Regulations a 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' • a. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - IJbor standards provisions applicable to contracts covering federally financed and assisted coastnrction (also labor standards provisions applicable to non-coMrvction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' IL 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments! i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - el£ectuation of Title VI of the Civil Rights Act of 1964. IL 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 -Uniform relocation assistance and real property acquisition for Federal and federally satiated prog,mr,,m r m 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. a 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial amisunce.' o. 49 CFR Part 29 — Government wide debarment and suspension (non -procurement) and government wide requirements for drug -free workplace (grants). P. 49 CFR Part 30 - Denial of public works contra^• to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction' O(Boe of Management and Budget Circulars A. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Govenments. b. A-133 - Audits of States, Local Governments, and Non -Profit Organizations (1) These laws do not apply to airport planning sponsors. (2) These laws do not apply to private sponsors. (3) 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assisarce. Any requirement levied upon State and I.ocat Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal asaisumce under Title 49, United States Code. • Specific ass minces required to be included in gran agreement by any ofthe above laws, regulations or circular are incorporated by reference in the grant agreement 2. ResporuibWty and Authority of the Sponsor. a Public Agency Sponsor. It has legal authority to apply for the grant, and to fiance and tarty out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicants governing body authorizing the filing of the APPA, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative ofthe applicant to act in connection with the APPA and to provide such additional information as my be required b. Private Sponsor: It has legal authority to applyfer the grant and to fauna and carry outthe proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this APPA, including all understandings and mursnces contained therein; to act in connection with this APPA; and to provide such additional information as may be required. 3. Sponsor Fund AvailabWty. It has sufficient funds available for that portion ofthe project cats which are not to be paid by the United States. It as sufficient funds available to assure operation and maintenance of item funded under the grant agreement which it will own or control. 4. Good Thla AL I; a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired b. For noise compatibility program projects to be cried out on the property ofthe sponsor, it holds good title satisfactory to the Secretary to that portion ofthe property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained S. Preserving Rights and Powers. a It will not take or permit any action which would operate to deprive it of any ofthe rights and power, necessary to perform any or all ofthe terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will at) promptly to acquire, extinguish or modify any outstanding rights or claim of right of 17 of 26 • others which would interfere with such performance by the sponsor. This shall be done in a mariner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose, of any part of its title or other interests in the property shown on Exhibit A to this APPA or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the lemma, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document tra tdcring or disposing of the sponsofs interest, and make binding upon the transferee all of the terns, conditions, and assurances contained in this grant agreement C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of lost government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and change thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terns of the agreement d. For noise compatibility program projects to be carried out on privately owned property, it will mw into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial noncompliance with the term of the agreement C. Ifthe sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -care airport in accordance with these assurances for the duration of these assurances. E If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor m an employee of the aponmr, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the turns, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith 6. Consistency with Local Plans The project is reasonably consistent with plans (existing at the time of submission of this APPA) of public agencies that are authorized by the State in which the project is located to plan for the development of the area • surrounding the airport 7. Consideration of Local Interest It his given fair consideration to the interest of communities in" near where the project may be located. S. Consultation with Users. In making a decision to undertake any air" development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties wing the airport at which project is proposed 9. Public fleartngs. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy ofthe transcript of such hearings to the Secretary. Further, for such projects, it his on its ma tagrnent board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project 10. Al, and Water Quality Standards In projects involving airport location, a major runway extension, or runway location it will provide for the Govem xr ofthe state in which the project is located to certify in writing to the Secretary that the project will be located, designed, consuvaed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project APPA has been received by the Secretary. 11. Pavement Preventive Malnteramcc With respect to a project approved alter January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certiles that it has implemented an effective airport pavement maintensnmmanagement program and it assures that it will use such program for the useful life of any pavement conmucted, reconstructed o repaired with Federal financial assistance at the airport It will provide such reports on pavement condition and pavement management program as the Secretary determines may be useful. 12, Terminal Development Preraquisitm For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant request, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by role or regulation, and has provided for seals to the passenger enplaning and deplaning area of such airport to passenger enplaning and deplaning 13. from aircraft other than air artier aircraft. Accounting System, Audit, and Record Keeping Requirements • a It shall keep all project acwunts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by othertsources, and such other financial records pertinent to the project The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1964. b. It shall make available to the Secretary and the Comptroller General ofthe United Sales, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, paper, and records of 18 of 26 the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any cue in which an independent audit is made of the accounts If sponsor relating to the disposition Of the proceeds of a grant or relating to the project in connection with which Ole grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United Stales not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Mlrlmum Wage Ratea. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, Provisions establishing minimum rates of wages, to be predetermined by the Secretary of • labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a.5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. is Veteran's Pmfereraca It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as ere necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory Positions), preference shall be given to Veterans of the Vietnam en and disabled veterans as defined in Section 47112 of Title 49, United Slates Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plana and Spectllcatimes, It will exasrte the project subject to Plans, specifications. and schedules approved by the Secretary. Such plans, specification; and schedules shall be submitted to the Secretary prior to commencement of site Preparation, construction, or other performance under this grant agm mm% and. upon approval ofthe Secretary. shall be incorpoto sad into this grant agreement Any modJcalion to the approved Plans, specthcations, and schedules shall also be subject to pPmval of the Secretary, and incorporated into the grant agreement 17. Cm ttmctlon Inspection and Approv&L It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work eonfonns specifications, the Plans, speccatiors, and schedules approved by the Secretary for the project It shall subject the construction work on any project contained in an approved project APPAto inspection and approval by the Secratasy and such work &hall be in accordance with regulations and procedures Prescribed by the Secretary. Such regulations and procedures shall require such Ones and Progress reporting by the sponsor or spa min of such project as the Secretary shall deers necessary, 1& Planting Projects Incarryingoutplanningprejecls: s It will execute the project in accordance with the approved program narrative contained in the pmject APPA or with the modifications slmilasiy approved b. It will furnish the Secretary with such periodic reports as required pertaining to the planning projed and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States d It will make such material available for examination by the public, and agree that rw material Prepared with funds under this project shall be subject to copyright in the United State or any other country. e• It will give the Secretary unrealtided authority to publish, disclose, distribute, and otherwise use any ofthe material prepared in connection with this grant f It will grant the Secretary, the right to disapprove the spomaoes employment of aperitia corhsultan4 and professional their subconio aos to dol service. all m any pan otthis project as wall as the right to disapprove the Proposed scope and cost of g It will the Secretary the right to disapprove the use of the sponsofs employee to do all many pan of the ProjIt. It underslands and agree that the seaetaryra approval of this Project grant or the S planning material developed u ofthia ecTOI+rYa approval of any Pan gent dos not constitute m impP any assistance m commitment on the Pan of the Secretary to approve any pending or future request for a Federal airport grant 19. Operation and Maintenance. s Tha airport and all facilities which are necessary to serve the aeronautical users of the abpor4 other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required m prescribed by applicable Federal, state and local agencies for maintrnanee and operation. It will not cause m permit any activity or action themon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and W facilities thereon Or connected therewith, with due regard to climatic and flood conditions. Any proposal to airport for non- aeronautical u temporarily close the purposes must fort be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arangements fm- (1) OPerstingthe airport's aeronautical facilities whenever required; (2) Promptly narking and lighting hazards resulting from airport cotnditiom including temporary conditions; and (3) Promptly notifying airmen of any condition affecting sameastical use of the airport Nothing contained herein shall be construed to require Nat the airport be operated far aeronautical use during temporary periods when mow, flood or other climatic conditions interfere with such operation and mairstewha. Further, nothing herein shall be construed w requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an rct of God or other condition orcirc instance beyond the control of the sponsor. b. It will suitably operate and maintain win compatibility program item that it owns or controls upon which Federal funds have bear expanded 19of26 E 590 • au. ttaurd Removal and Mtmgattod. It will raze appropriate action to assume that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing lowering, relocating marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hands. 21. Compatible Land Use. It will take appropriate action, to the extent ressonable, including the adoption ofzoning laws, to restrict them of land adjacent to min the immediate vicinity ofthe airport to activitim and purposes compatible with normal airport operations, including landing and takeoff of aircraft in addition, ifthe project is for noise compatibility program implemematim it will not move or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, ofthe noise compatibility program measures upon which Federal funds have been expended 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terns and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeromutial activities offering services to the public at the airport b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, funs, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all usm therco& and (2) charge reasomble, and not unjustly discriminatory, prim for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types ofprice reductions to volume purchasers. C. Each fixed -baud operator at the airport shall be subject to the same rates, feu, rentals, and other charges a an: unifomdy applicable to all other fixed -baud operators making the same or similar uses ofmch airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itseffor to use any fixed -based operator that is • mtlrorized or pernitted by the airport to serve any air carrier at such airport. C. Each air artier using such airport (whether as a tenant, nontenant, or sublemnt of mother air carrier based) shall be subject to such nondiscriminatory and substantially compnrable rules, regulations, conditions, rates, fees, rentals, and other change; with respect to facilities directly and substantially related to providing air trutsportation as are applicable to all such am carries which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tmams, or nontennnts and signatory carries and nonsigmtory prim. Classification or status as tanmt or signatory shall not be unreasonably withheld by any airport provided an air carver Usumm obligations substantially similar to those already imposed on air curies in such elssgJcatim or slams. f. It will not exercise or grant my right or privilege which operates to prevent my person, funs, or corporation operating aircraft on the airport from perforating my services on its own aircraft with its own employem (including, but not limited to maintenance, repair, and fueling) that it may choose to perfnno. g. In the event the sponsor itself exercises my ofthe rights and privileges referred to in this assurance, the aervioes involved will be provided on the same conditions as would apply to the furnishing of mch services by commercial 'rum amicsl service provides authorized by the spmuor under then provisions. IL The sponsor may establish such raumbla, and not unjustly discriminatory, conditions to be met by all uses ofthe airport as nay be necessary for the safe and eli;cietrt operation ofthe airport i. The sponsor may prohibit or limit any given type, kind or class ofaeromutical use ofthe airport if such action is necessary for the safe operation ofthe airport or necessary to serve the civil aviation needs, ofthe public 23. Exclusive Rights It will permit no, exclusive right for the use ofthe airport by my person providing, or intending to provide, aeronautical serviom to the public. For purposes of this paragraph, the providing ofthe services at an airport by a single fixed - bawd operator shall not be construed as an exclusive right if both of the following apply. a. It would be unreasonably costly, burdensome, or impractical for more than me fnxed4med operator to provide such services, and _ b. If allowing more than one fixed -based operator to provide such services would require the reduction of space lased purmant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit my pennon, farm, or corporation, the exclusive right a the airport to conduct my aeronautical activitim, including but not limited to charter Rights, pilot training, aircraft rental and sightsming aerial photography, crop dusting aerial advertising and surveying air artier operations, aircraft Ulm and servfas, sale of aviation petrolerm products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and my other activities which because of their direct relationship to the operation of aircraft cart be regarded as an aeronautical activity, and that it will temdrala my exclusive right to conduct m aeronautical activity now existing at such an airport before the grant of my assislsnce under Title 49, [hoed Slates Code. • 24. Fee and Rental Structure It will maintain a fc, and renal structure for the facilities and services at the airport which will make the airport as self-sustaining w possible under the circumstances existing al the particular airport, taking into account such factors as the volume of traffic and economy of collection No par of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United Stator Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for uses of that airport. 25. Airport Revenues S. All revenues generated by the airport and arty local taxes on aviation fuel established after December 30, 1997, will be expended by it for the capital or operating casts ofthe airport; the local airport system; or other local facilities which an, owned or operated by the owner or operator of the airport and which are directly and substantially related 20 of 26 591 to the actual air transportation of passengers or property, or for noise mitigation purposes on or off the airport - Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use ofall revenues generated by the airport (and, in the case ofa public airport, Taal taxes on aviation fuel) shall not apply. b. As part ofthe annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consident with Title 49, United Stales Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. C. Any civil penalties or other sanctions will be imposed for violation ofthis assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Irspectlons. It will: a submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report ofthe airport budget in a le mat prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airpom including deeds, leases, operation and use agreements, regulations and other uutrummts, available for inspection by any duly authorized agent ofthe Secretary upon reasonable request; C. for noise compatibility program projects, make recgrds and documents relating to the project and continued compliance with the terms, conditions, and assurances ofthe grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by my duly authorized agent ofthe Saretery upon reasonable request; and d. in a fonrut and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts, paid by the airport to any other unit ofgovemmenl and the purposes for which each such payment was nude; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government AlrcnR It will nuke available all ofthe facilities ofthe airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United Stales for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the tort of operating and maintaining the facilities used Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Govemmrnt aircraft will be considered to exist when operations ofsuch aircraft arc in excess ofthose which, in the opinion of the Secretary, would unduly interfere with use ofthe landing areas by other authorized airman, or during my calendar month that - a Five (5) or more Government aircraft are regularly based at the airport or on laird adjacent thereto; or b. The total number ofmovements (counting each landing as a movement) ofGovemment aircraft is 300 or more, or the gross accumulative weight ofGaverument aircraft using the airport (the total movement ofGoveruucm aircraft multiplied by grass weights of such aircraft) is in excess offive million pounds. I& Land for Federal Fadlltlex It will furnish without cost to the Federal Govenunentfm use in connection with any air traffic control or air navigation activities, or weatherreporting and communication activities related to air traffic control, any areas of • land or water, or estate thereu, or rights in buildings of the sponsor a the Secretary considers necessary or desirable for construction, operation, and nuimenantt at Federal espresso of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a It will keep up to date al all times an airport layout plan of the airport showing (1) boundaries ofthe airport and all proposed additionsthe vto, together with the boundaries oral[ ofliite areas owned or controlled by the sponsor for airport purposes and proposed addition+ thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such w runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan The sponsor will not make or pem it any changes or shcratiors in the airport or any of its facilities which arc not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of eery federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan u approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary, or (2) bear all costs of relocating such property (or replacement thereol) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safely, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 21 of 26 • 592 30. Civil Rights It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sea, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any hwud rce for the longer ofthe following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services m benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal off.and A- Fm land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States'shart of acquisition ofsuch land will, at the discretion ofthe Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, m 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share ofthe fair market value ofthe land. That portion ofthe proceeds of ouch disposition which is proportionate to the United States share ofthe cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in soother eligible airport improvement project or projects approved by the Secretary at Oat airport or within the national airport system m (b) be paid to the Secretary, for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial selfa fficicocy ofthe airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes ifthe Secretary m Federal agency making such grant before December 31. 1987, was noted by the operator or owner ofthe uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. a Disposition ofsuch land under (a) or (b) will be subject to the retention or reservation ofany interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated • with operation of the airport 32. Engineering and Design Servicm It will award each contract, or sub -contract for program management, construction management planning studies, ficuibility studies, architectural services, preliminary engineering, design, engineering, =veym& mapping or related services with respect to the project ut the same manner as a contract for architectural and engineering services is negotiated under Title IX ofthe Federal Property and Administrative Services Act of 1949 or an equivalent qualScatiowbued requirement prescribed for or by the sponsor ofthe airport 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative a denying fair and equitable market opportunities fm products and supplier ofthe United States in procurement and oonsuucuom 34. Policies, Standards, and SpeclBcatlors. It will tarty out the project in accordance with policies, slandards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 7/1/99 and included in this gran, and in accordance with applicable state policies, standards, and spaifiatiom approved by the Secretary. 35. Relecatlon and Real Property AequdslBom (1) It will be guided in acquiring real pro", to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay m reimburse property owners for necessary expenses as specified in Subpart B. (2) R will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prim to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 3& A"m By intercity Buses Tla airport owner or operator will permit, to the maximum extent practicable, intensity buses or other modes oftraruportation to have acoeas to the airport, however, it his no obligation to fund special facilities for intercity buses or for other mod" oftrmsportatioa 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis ofrace, colm, national origin m sex in the award and performmee of any DOT -assisted contract or in the achmustration of its DBE program orthe requirements of 49 CPR Pan 26, The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT-arsated combacts. The recipient's DBE program, as required by 49 CFR Pan 26, and as • approved by DOT, is incorporated by referewe in this ageemrnL Implementation of this program is a legal obligation and failure to terry out its toms shall be treated as a violation of this apremrnL Upon nmification to the recipient of is failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and my, in appropriate saes, refer the matter for enforcermsd under 18 U.S.C. 1001 and/or the Program Freud Civil Remedies Act of 1986 (31 U.S.C. 3801). 22 of 26 593 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/l/99 The following apply to both ALP and PFC Projects NUMBER 70Q460-1J 150/5000-13 150/5100-14C 150/5200-30A, CHG 1 & 2 • 150/5200-33 150/5210-5B 130/5210-7B 150/5210-13A 150/5210-14A 150/5210-15 150/5210-18 150/5210-19 150152204B 150/5220-1OB 150/5220-13B 15015220-16B 150/5220-17A 150/5220-19 0 150/5220-I9 13015220-20, CHG 1 150/5220.21A 150/5300-13, CHG 1, 2, 3, 4, 5 150/5300-14 150/5300-15 I50/5320.58 150/5320.61) 150/5320-12C 15015320-14 150/5320-16 150/53254A, CHG 1 150/5340-10 150/53404C, CHG I & 2 150/5340-58, CHG I 15015340-14B, CHG I & 2 150/5340-17B 150/5340-18C, CHG 1 150/5340-19 150/5340-21 150/5340.238 150/5340-24, CHG I 150/5340-27A 150/5345-3D 150/5345-5A 150/5345-71), CHG 1 150/5345-IOF 150/5345-12C 150/5345.13A 150/5345-26B, CHG I & 2 150/5345-27C 150/5345-28D, CHG I 150/5345-39B, CHG 1 150/534542C, CHG I 1501534543E 150/5345-44F, CHG I 150/534545A 150/534546A 150/534547A 1501534549A 150/5345-50, CHG I 150/5345.51, CHG 1 150/5345-52 150/5345-53A, (including addendum) 150/5360-9 150/5360-12A 15015360-13, CHG I 150/5370-2C TITLE Obstruction Marking and Lighting Announcement of Availability—RTCA Inc,, Document RTCA421, Guidance and Recommended Requirements for Airport Surface Movement Sensors Architectural, Engineering, and Planning Consultant Services for Airport Grant projects Airport Winter Safety and Operations Harardoua Wildlife Attractants On or Near Airports Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Drivels Enhanced Vision System (REVS) Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition SCR,Or Specification Guide Automated Weather Observing Systems for NonFederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities Building, for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Hoard Airline Passengers With Mobility Impairments Airport Design Design of Aircraft Deicing Facilities Use of Value Engineering for Engineering Daign of Airport Grant Projects Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landacaping for Noise Control Purposes Airport Pavement Design for the Boeing 777 Airplane Runway Length Requirements for Airport Design Standards for Airport Markings Installation Details for Runway Centerline Touchdown Zone Lighting Systems Segmented Circle Airport Mark" System Economy Approach lighting Aids Standby Power for Non -FAA Airport Lighting Systems Standards for Airport Sign Systems Taxiway Centerline Lighting System Airport Miscellaneous lighting Visual Aids Supplemental Wind Cones Runway and Taxiway Edge lighting System Air -to -Ground Radio Control of Airport lighting Systems Specification for L.821 Panels for Remote Control of Airport Lighting Circuit Selector Switch Specification for L 924 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitor Specification for Airport and Heliport Beacom SpecJcation for L-841 AuAliayRelay Cabinet AssesiblyforPilot Control ofAuport lighting Circuits .Specificationforl,323 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) System FAA Specification L853, Runway and Taxiway Centerline Retromflective Markers Specification for Airport Light Bases, Tremfomner Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Lightweight Approach light Structure Specification for Runway and Taxiway light Fixtures Isolation Trmfomners for Airport lighting Systems Specification L.854, Radio Control Equipment Specification for Portable Runway Lights Specification for Discharge -Type flasher Equipment Generic Visual Glidalope Indicators (GVGI) Airport Lighting Equipment Certification Program Planning and Design of Airport Terminal Facilities at NonHub Locations Airport Signing & Graphics Planning and Design Guidance for Airport Terminal Facilities Operational Safety on Airports During Construction pm-TiA 594 150/33706B Corutmction progress and Inspection Report -Airport Grant program 150/5370-IOA CHO 1, 2, 3, 4, 5, 6, 7, S, 9 Standards fm Specifying Construction of Airports 150/5370-11, CHG I Use of Nondestructive Testing Ikvices in Uw Evaluation of Airport pavements 15013370-12 Quality Control of ConNuaion for Airport OnM Projaaa 150/5390-2A Heliport Design 15015390-3 Vertiport Design 24 of 26 • 595 ATTACHMENT D CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inforn employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terns of the statement and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a). (b), (c), (d). (e), and (f), • B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) — 0—t7t.X� t�W A 4 *A I t Par LA JA CA Tx -1gia Check _ if there are workplaces (o�n file that are not identified here. Signed: -V t ft\I C�A(J 1c O-I'Lu Dated: O9/05 f %001 Nltchoe-1 Rriiatko. e�,ih�ttn rr,,nit. f rw�nieei�norPr�4>r 1 Typed Name and Title of Sponsor Representative • UTOTM zp.k7 ATTACI AQEENT E PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form of inspection program tit deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate forth and level of details: • Location of all runways, taxiways, and aprons Dimensions Type of pavement Year of construction or most recent rehabilitation For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6. Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspections may be extended to three years. b. Drive -by Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or perforated, must be documented The minim information to be recorded is listed below. a. inspection date b. location c. distress types • d. maintenance scheduled or performed For drive -by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 15015380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair are presented. 26 of 26 REDISTRICTING WORKSHOP WITH ATTORNEY ROLANDO RIOS Judge Marshall asked the Commissioners to review the county map displayed to ensure the commissioner precinct lines are correct or make any changes. Rolando Rios, Attorney, stated a decision needed to be trade concerning any changes that have been discussed. When the Court selects a plan, he will determine if it is legally acceptable and defendable regarding one person, one vote; Shaw v. Reno; and the voting rights act. The Court seemed to prefer Plan C Modified Again and Again. Another issue is polling places. The commissioners' precincts need to be adopted and approved by the Justice Department and you can decide how many voting precincts you want. He will work with the elections administrator on drawing these lines. 597 Stephanie Smith, Elections Administrator, said work should be done on the city lines. Mr. Rios said she should work with the city council after the county lines are drawn. There may have to be separate voting places for some elections. He can submit it for the Court or give his opinion on it — polling places are flexible. On Plan C Modified Again and Again, the new plans are not very different from the old lines. Ms. Smith said if the city accepts lines first, it will affect how the county precinct lines will be.drawn. Mr. Rios stated the first priority is: you can't have an election unless you have precinct lines. The second priority is to look at the polling places to see if this can be improved. He suggested a plan be adopted, worked on and then submitted to the Justice Department. • It is due October 1, 2001. An Order to waive the time may be needed because many lines, including the State lines, are not yet done. Commissioner Finster asked to have the area west of Highway 238 defined. Commissioner Balajka stated he would like to adopt a plan and asked if the County could get court costs reimbursed if sued and the County prevails. Mr. Rios said yes, but not attorney's fees (only if the Court declares the suit was frivolous). Mr. Rios discussed Plan C Modified Again and Again and it was renamed Plan XXX. The area west of Highway 238 and Roemerville Road were put in Precinct #4 with a deviation of 9.65. Commissioner Finster said more people are needed in Precinct 94, the majority of people in that precinct are rural. Regarding Plan XXX, Stephanie Smith suggested putting Leona and Seadrift and 4 other streets in Precinct #2 (223 people — deviation of 12) and in Mariemont, put Larry and Vail Streets in Precinct #1 (212 people — deviation of 9.65) and the area of Highway 1090 by the Oblate Villa and Refuge Harbor now in Precinct #1, be put in Precinct #2 (0 population — no deviation change) and put the area from Mildred and Porter Streets to Chocolate Bayou in Precinct #4 (68 people — 8.33 deviation). Commissioner Floyd stated that this takes it down to 12 voting places. Commissioner Finster commented that there were only 4 people who had to vote somewhere else, now there are 68 people. Ms. Smith said the voting places, not in the city, can be changed. Commissioner Finster said he did not want the 68 people put in Precinct #4, as this would change the voting places to 13. Commissioner Balajka suggested taking the triange out of Precinct #4 (Mildred and Porter Streets) and putting them in Precinct #2 and putting the fairgrounds area in Precinct #4. The deviation is 9.72. Judge Marshall left the courtroom at I:45 P.M. Leroy Belk offered his Plan L&B #3. He said the plan reduces the voting precincts to 10 within the city, keeps 2 minority precincts instead of one, and puts maximum minority in Precinct #2 instead of Precinct #1. Mr. Rios' opinion of this plan was that Precinct #1 is not a minority district now — Precinct #2 is — and may have problems with the Justice Department with this plan. He thought Plan XXX was better. Mr. Rios will send copies of Plan XXX back to the Court. Commissioner Galvan stated the Court would vote on a plan on Friday, August 31, 2001. THE COURT WAS ADJOURNED AT 2:35 P.M. BY JUDGE PRO TEM FINSTER. • 0 • SPECIAL AUGUST TERM HELD AUGUST 31, 2001 THE STATE OF TEXAS § • COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 31st day of August A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pct. 1 Michael J. Balajka Commissioner, Pct. 2 (ABSENT) H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance.. MEMORIAL MEDICAL CENTER — MONTHLY FINANCIAL REPORT The Memorial Medical Center monthly financial report, year-to-date summary dated July 31, 2001 was presented by Buzz Currier, Hospital Administrator. He also related the hospital operations are still in the black; he mentioned the retirement committee; safety testing being closed yesterday and letters sent to contractors regarding alternate services; the strategic plan approved at the last board meeting and making assignments for accomplishment of that plan; looking for the best health insurance coverage; accomplishment of the current administration; clarification letter sent out stating the hospital making nine million dollars in the first few months of this year was before expenses; leasing for space in the Plaza and getting with county auditor for advertising. The census has not declined in the hospital — it is closer to 16 for the year to date, an increase over last year. They plan to live within their means and also make up for prior years. The hospital is requesting subsidy from the County — a one-time request to get through the cash flow. They will continue to be constructive. MEMORIAL MEDICAL CENTER YEAR-TO-DATE SUMMARY JULY 31, 2001 OPERATING REVENUE 9,763,797 LESS: OPERATING EXPENSES (9,205,035) • 558,762 CHANGE IN INVESTMENT Accounts Receivable- (357,999) (Incr) Decr Accounts Payable- (53,692) (Incr) Decr Prepaid Expense- (69,929) (Incr) Decr Inventory (50,539) 599 • (532,159) TOTAL INVESTMENT CHANGE (INCR) DECR 26,603 PLUS: Depreciation 1,173,653 Contribution to the County 0 1,200,256 PLUS: County Subsidies (EMS) 271,250 Total Cash- 1,471,506 Incr (Decr) LESS: Equipment Purchases (150,678) NET CASH- INCR (DECR) 1,320,828 CALHOUN COUNTY TEXAS COUNTY TREASURER'S REPORT MONTH OF: •JULY 2001 FUND MEMORIAL MEDICAL CENTER: BEGINNING FUND BALANCE RECEIPTS DISBURSEMENTS ENDING FUND BALANCE OPERATING MEMORIAL RESTRICTED DONATION INDIGENT HEALTHCARE CONSTRUCTION CERTIFICATES OF OBUG CONSTRUCTION CERTIFICATES OF OBUG INr & SKG $436,365.08 15,43L91 12.713.75 64,522.02 64,306.95 2,400.67 36.21 $1.208,564.69 42.76 35.23 54.85 176.62 6.59 0.00 S1,375,481.72 0.00 0.00 63.598.35 562.50 0.00 0.00 $269,449.05 15474.57 12,748.98 978.52 63,920.97 2.407.26 36.21 S595,776.39 $1,208,880.74 S1,439,642.57 5365,OI4.56 CALHOUN COUNTY TEXAS COUNTY TREASURER'S REPORT E MONTH OF: 'JULY 2001 BAN K RECONCILIA TION LESS: CERT. FUND OFDEPOSIT PLUS: CHECKS BANK FUND BALANCE OrMERITEMS OUTSTANDING BALANCE MEMORIAL MEDICAL CENTER OPERATING 269,448.05 164,352.33 433,800.38 MEMORIAL 15.474.57 15,474.57 RESTRICTED DONATION 12,748.98 12,748749.99 INDIGENT HEALTHCARE 97832 .98 CONSTRUCTION 63y20.97 63,920.97 CERT OF OBUG CONSTRUCTION 2,407.26 2.407.26 CERT OF OBUG INTEREST & SINKING 3621 3621 600 • MEMORIAL MEDICAL CENTER PORT LAVACA, TEXAS PHYSICIAN'S ANALYSIS REPORT JULY 31, 2001 YTD YTD YTD REVENUE CONTRACTUAL WRITE-OFF NET REVENUE NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT APOSTOL, C.F. 62,155.85 542,029.24 194,283.32 39,080.31 308,665.61 57% WILLIAM, G.A. 93,985.07 604,186.10 212,475.59 43,561.82 348,148.70 58% LIN, M.S. 101,068.56 815,564.01 296,989.12 58,802.17 459,772.73 56% SMITH, J.K. 51,933.83 488,693.54 139,955.93 35,234.80 313,502.81 64% PENTECOST, L.V. 5,634.69 65,191.69 15,845.17 4,700.32 44,646.20 68% MCFARLAND, T.R. 164,709.05 1,403,811.80 391,997.41 101,214.83 910,599.56 65% GRIFFIN, JEANNINE 7,506.12 179,427.75 72,900.29 12,936.74 93,590.72 52% BUNNELL, D.P. 181,123.79 1,635,225.31 660,405.38 117,899.75 856,920.19 52% ROLLINS, L. 36,302.70 360,217.34 91,792.71 25,971.67 242,452.96 67% ARROYO-DIAZ, R. 202,585.96 1,276,242.97 454,990.50 92,017.12 729,235.35 57% • GILL, J. 59,487.65 643,290.20 226,074.95 46,381.22 370,834.02 58% 0.00 0.00 0.00 0.00 0.00 0% CUMMINS, M. 78,484.27 350,963.16 66,368.97 25,304.44 259,289.75 74% RUPLEY, M. 11,307.57 107,214.11 19,053.70 7,730.14 80,430.27 75% LEE, J 85,939.32 389,449.40 159,925.09 28,079.30 201,445.01 52% LE, NHI 122,209.12 523,631.89 120,809.83 37,753.86 365,068.20 70% CARAWAN, S. 149,269.65 816,709.19 220,639.79 58,884.73 537,184.67 66% STEINBERG, R. 1,349.30 74,013.08 5,437.48 5,336.34 63,239.26 85% RAMOS LABORATORY 963.05 5,031.91 0.00 362.80 4,669.11 93% VISITING PHYSICIANS 124,561.98 1,300,762.95 228,607.55 93,785.01 _ 978,370.39 75% ER PHYSICIANS 406,799.81 2,783,138.49 397,921.15 200,664.29 2,194,553.06 78% NO LOCAL PHYSICIAN 16,581.26 358,293.92 1,089.81 25,832.99 331,371.12 92% OTHER 508,881.74 2,989,311.67 410,352.88 214,091.22 2,364,867.57 79% TOTAL 2,472,940.33 17,712,399.79 4,387,916.62 1,275,625.87 12,048,857.23 68% 3 • 601 MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the 7 MontNa En41ny July 31, 2001 • SINGLE MONTH — YEAR TO DATE - Current Budget Prior Year Current YTD Budget YTD Operating Revenue Inpatient Revenue: Medicare Medicaid Other Total IP Revenue YTD IP Revenue Variance Outpatient Revenue Medicare Medicaid Other Total OP Revenue YTD IP Revenue Valiance Prior YTD 480,917.89 722,637,30 374,020.59 3,297,504.29 4,940,587.40 3,982,968.59 113,235.05 182,802.39 74,238.95 890,426.99 1,249,809.44 921,817.15 206,152.50 327,134.58 249,293.86 2,045,860.98 2,238,200.30 613,732.67 800,305.44 1,232,574.27 697,553.40 6,233,792.26 8,428,597.14 5,518,518.41 678,510.75 509,630.82 437,617.11 175.036.50 192,301.67 87,745.99 818,987.64 644,340.28 936,756.74 1,672,534.89 1, 346,272.77 1,462,119.84 Total Operating Revenue 2,472,840.33 2,578,847.04 2,159,673.24 Revenue Deductions Medicare Cont. Adj. Medicare Pass-thru •Indigent/ Cont Ado Indigent/Charity Cont. Adj. Bad Debt Expense Other Deductions Total Rev Deductions Deducts as % of Oper Revenue Other Revenue Cafeteria Sales Interest Income Interest from Bonds Interest from Hosp Portion Mail Rental Miscellaneous Income Total Other Revenue Net Revenue Payments as % of Oper Revenue (620,597.14) (575,481.53) (639,376.64), 52,996.00 70,833.33 68,897.61 (137,441.85) (156,569.62) (111,774.28) (46,982.94) (103,807.62) (49,704.96) (173,637.31) (313,041.57) (166,356.56) (173,232.76) (11,523.00) (127,688.88) (1,098,896.00) (1,089,690.01) (1,026,003.71) 7,778.69 5,000.00 6,939.41 1,416.93 6.250.00 8,29T36 41.82 0.00 397.12 176.62 0.00 175.77 6.055.00 7,083.33 10,791.22 8,904.51 3,500.00 1,899.65 24,373.57 21,833.33 28,500.53 (2,194,804.88) 715,273.85 4,923,692.69 3,485,215.36 3,440,331.05 1,142,991.74 1,314,900.84 801,958.84 5,411,923.10 4,406,456.17 5,232,557.15 11,478,607.53 9,206,572.37 9,474,847.04 2,272,035.16 2,003,760.49 17,712,399.79 1 17,635,169.51 14,993,365.45 77,230.28 2,719,034.34 (4,464,062.21) (3,935,551.15) (3,440,421.28) 347,893.00 495,833.31 629,951.01 (2827058.01) (1,027,882.66) (1,070,734.16) (879,308.48) (629,693.99) (709.910.16) (474,057.96) (1,275,625.87) (2,140,800.39) (895.497.68) (1,131,043.50) (78,802.44) (959,128.37) (8,180,315.23) (7,439.964.99) (6,018,462.76) 48.15% 45.00% 44.34% r11 1. L n C` ✓ 49,216.82 35,000.00 42,760.99 18,178.33 - 43,750.00 53,782.82 988.65 0.00 84,676.01 1,183.65 0.00 6,621.34 63,109.83 49,583.31 47,344.49 99,035.01 24,500.00 18,691.70 231, 712.29 152, 833.31 253, 876.35 1,398,317.90 1,511,090.36 1,162,170.06 9,763,796.85 10,348,037.83 9,228,779.04 51.85% 55.00% 55.86% Page -1 - 6 • 1 I Operating Expense Salaries Employee Benefits Professional Fees Plant Operation Hospital General Other Operating Expenses Total Operating Expense MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the 7 Months Ending July 31, 2001 SINGLE MONTH — YEAR TO DATE Current Budget Prior Year Current YTD Budget YTD 606,230.70 696.291.33 -698,433.29 162,637.20 140.406.45 125.107.02 206.489.83 160,900.58 144,497.42 41,322.81 36,025.00 31,018.82 56,085.35 64,416.66 28,766.68 318,152.32 424,323.36 407,138.51 1, 390, 918.21 1,512,363.38 1, 434, 961.74 Net Operating Gain/(Loss) 7,399.69 (1,273.02) (272,791.68) Non Operating Expense Depreciation 163,477.27 152.582.76 108.587.30 Contribution to County 0.00 0.00 0.00 Total Non -Operating Expense 163,477.27 152,582.76 108,587.30 Total Operating Gaird(Loss) (156,077.58) (153,855.78) (381,378,98) C •Subsidy 54,250.00 41,666A7 0.00 Net Gaint(Loss) after Subsidy (210,327.58) (195,522.45) (3811378.98) Page - 2 - Prior YTD 4,238,030.78 4,761,737.45 4.617.400.26 978,009.63 974,110.13 876,297.66 1,216,464.21 1,126,304.06 974,935.69 258,537.59 252,175.00 218,981.37 255,460.49 380,916.62 214,152.13 2,258,631.92 2,970,263.22 2,901,086.58 9,205,034.62 10,465,506.48 9,802,853.71 (1,260,471.86) (597,819.09) 5581762a23 (117,468.65) (574,074.67) 1,173,653.04 1,068,079.32 754,201.59 0.00 0.00 1,173,653.04 1,068,079.32 754,201.59 (614,890.81) (1,185,547.9 (1,328,276.26) (271,250.00) 291,666.69 0.00 (343,640.81) (1,477,214.66) (1.328,276.26) 7 • 603 m T (" V C_ C- C C • -i -v 0 w M O O r m m g v_ mr mMmmCCD0 DmD m m CD0 0 Ogm »D� rn > r " rj) N O N W (m0 O A O A 0 N CO W W W W 0 M -M W O m c \�\ A\ w ! W W W m _W .. (r A N , 0) ! CT N N (O (r p ! C) T N V ! ! ! p ! ! V CID! W Wm CO (0 V NA DO OD g m g V g! g N g Cn g W CA (n ! ! A A A N W (O (p (A (T Cn _CA CA N p ! CA !!! m! W A cp -` W m! A COO A COm en g V gpgpgEnpoCo CD _A CI) CO (O A W (n W N V m A fil CWiI W W CA C)I (N n m rn m m cn ED (D! V NUIm(n W AOAO O g °) gmgVgVo 0 UP O v A CO O ! N ()1 (V A W co O D OW W �N-A+Cn Am CCnn 0) r g10 g Og V g !g V gA n c� Zf� 0 O 71 D n n O i_ Z Cn M n m W r m E M 9 O r D r M TmT I0 COUNTY EMPLOYEE OF THE MONTH — AUGUST Judge Marshall announced the County Employee of the Month for August is Luis • Gomez. He has been an employee of the County Building Maintenance since 1992. He was recognized for his dedication and commitment in going above and beyond the call of duty in working at the Courthouse and Annex. He accepts extra responsibility whenever necessary. His co-workers are very proud of him. He was presented with a plaque. m CANCELLATION OF PORTION OF AMERICAN TOWNSITE COMPANY SUBDIVISION PLAT AND SUBDIVIDE INTO SEAPORT LAKES SUBDIVISION IN PRECINCT #4 Commissioner Finster introduced applicants, Mack Davis, Terry Nelson and Claude Moore, partners of S.E.A., local agent Robbie Gregory and Howard Marek, attorney, submitting the application to cancel and amend a portion of the plat of the American Townsite Company Subdivision and to plat said portion into Seaport Lake Subdivision. Russell Cain and Ceanne Hons and the Lees were in Court regarding said application. Howard Marek stated the application was previously submitted to the Court to abandon a portion of the American Townsite Company Subdivision. Certain conditions had not been met at that time. Said conditions have now been met. Robbie Gregory said all the required signatures are on the plat except for the Calhoun County Tax Appraiser; however, a separate tax certificate has been obtained from his office. Miss Elizabeth Lee and Mr. Arnold questioned the water well for the new subdivision. Mr. Gregory said it is within the 150-foot circle but GBRA water may be obtained to the area. Miss Lee discussed water table levels as she has property adjacent to the subdivision and did not want the subdivisions water demands to drain her well. Mr. Gregory stated, if necessary, they will have a 200-foot depth well. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the Order as drafted for Cancellation and Re -subdivision of the portion for the Plat of the American Townsite Company Subdivision and re -subdivision of the portion into Seaport Lakes Phase One Subdivision. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. CALHOUN COUNTY APPRAISAL DISTRICT 426 West Main Street P. O. Box 48 Port Lavaca, Texas 77979 CONSOLIDATED APPRAISAL AND TAX SERVICES Appraisals: 512 552-8808 Collections: 512 552-4560 Fax: 512 552-4787 CALHOUN COUNTY APPRAISAL DISTRICT MEMO DATE: August 30, 2001 TO: Calhoun County Commissioner's Court FROM: Andrew J. Hahn, Jr. SUBJECT: Verification of Paid Ad Valorem Taxes STATE OF TEXAS COUNTY OF CALHOUN I hereby certify that the ad valorem taxes on the land included within the boundaries of the plats of the accounts fisted on the attached sheet are paid for the tax year 2000 and all prior years. Signed this the 10` day of August. 2001. CALHOUN COUNTY APPRAISAL DISTRICT BY:A W J. ,1#9' CHIEF APPRAISER • • 11 Attachments 605 • 0 SEA TEXAS GENERAL PARTNERSHIP Pmperty Legal Description Tract Acreage R22689 AM E CANTU, TRACT 1488, ACRES 5.00 1498 5 R22738 A0006 E CANTU, TRACT 1489, 1490 81491, ACRES 15.00 1489,1490 81491 15 R23107 A0006 E CANTU, TRACT 1570, ACRES 4.00 1570 4 R23123 AOD06 E CANTU, TRACT 1571, ACRES 5.00 1571 5 R23137 AOD06 E CANTU, TRACT 1572, ACRES 5.00 1572 5 R23153 A0006 E CANTU, TRACT 1573, ACRES 5.00 1573 5 R23166 IA0006 E CANTU, TRACT 1674, ACRES 5.00 1574 5 R23178 A0006 E CANTU, TRACT 1675, ACRES 5.00 1575 5 R23193 A0006 E CANTU, TRACT 1576, ACRES 5.00 1576 5 R23208 AODD6 E CANTU, TRACT 1577, ACRES 5.D0 1577 5 R23219 A0006 E CANTU, TRACT 1578, ACRES 5.00 1578 5 R23267 A0006 E CANTU, TRACT 1633, ACRES 5.00 1633 5 R23283 AD006 E CANTU, TRACT 1634, ACRES 5.00 1634 5 R23301 A0006 E CANTU, TRACT 1635, ACRES 5.00 1635 5 R23315 JAMS E CANTU, TRACT 1636, ACRES 5.00 1636 5 R23330 A0006 E CANTU, TRACT 1637, ACRES 5.D0 1637 5 R23344 AD006 E CANTU, TRACT 1638, ACRES 5.D0 1638 5 R23360 A0006 E CANTU, TRACT 1639, ACRES 5.00 1639 5 R23376 A0006 E CANTU, TRACT 1640, ACRES 5.00 1640 5 R23395 AM E CANTU, TRACT 1641, ACRES 5.00 1641 5 R23413 A0006 E CANTU, TRACT 1642, ACRES 5.00 1642 5 R23431 AD006 E CANTU, TRACT 1643, ACRES 5.00 1643 5 R23447 IA0006 E CANTU, TRACT 1644, ACRES 5.00 1644 5 R23462 A00D6 E CANTU, TRACT 1645, ACRES 5.00 1645 5 R23490 A0006 E CANTU, TRACT 1647. ACRES 5.00 1647 5 R23721 A0006 E CANTU, TRACT 1723, ACRES 5.00 1723 5 R23758 A.0006 E CANTU, TRACT 1725, ACRES 5.00 1725 5 R23771 A00D9 E CANTU, TRACT 1726, ACRES 5.D0 1726 5 R23786 A0006 E CANTU, TRACT 1727, ACRES 5.00 1727 5 R23820 A0006 E CANTU, TRACT 1729, ACRES 5.D0 1729 5 R23839 IA0006 E CANTU, TRACT 1730, ACRES 5.D0 1730 5 R23858 A0006 E CANTU, TRACT 1731, ACRES 5.00 1731 5 R23875 A00D6 E CANTU, TRACT 1732, ACRES 5.00 1732 5 R23895 A0006 E CANTU, TRACT 1733, ACRES 5.00 1733 5 R23912 ADDD6 E CANTU, TRACT 1734, ACRES 5.00 1734 5 R23930 A00D6 E CANTU, TRACT 1735, ACRES 5.00 1735 5 R23951 AODD6 E CANTU, TRACT 1736, ACRES 5.00 1736 5 R23969 AODD6 E CANTU, TRACT 1737, ACRES 5.00 1737 5 R23971 JAM E CANTU, TRACT 1789, ACRES 5.00 1789 5 R23989 A0006 E CANTU, TRACT 1790, ACRES 5.00 1790 5 R24006 A0006 E CANTU, TRACT 1791, ACRES 5.00 1791 5 R24022 A0006 E CANTU, TRACT 179Z ACRES 5.00 1792 5 R24042 A0006 E CANTU, TRACT 1793, ACRES 5.00 1793 5 R24061 AM E CANTU, TRACT 1794, ACRES 5.00 1794 5 R24080 AOD08 E CANTU. TRACT 1795, ACRES 5.00 1795 5 R24102 A0006 E CANTU, TRACT 1796, ACRES 5.00 1796 5 R24120 A0008 E CANTU, TRACT 1797, ACRES 5.00 1797 5 R241Z A0006 E CANTU, TRACT 1798, ACRES 5.00 1798 1 5 • 1 • Pmperty Legal Des d*n Tract Acreage R24157 A0006 E CANTU, TRACT 1799, ACRES 5.00 1799 5 R24175 AM E CANTU, TRACT 1800, ACRES 5.00 1800 5 R24192 A0006 E CANTU, TRACT 1801, ACRES 5.00 1801 5 R24209 A00D6 E CANTU, TRACT 1802, ACRES 5.00 1802 5 R24224 A0006 E CANTU, TRACT 1803, ACRES 5.00 1803 5 R24245 AOD06 E CANTU, TRACT 1804, ACRES 5.00 1804 5 R24264 AM E CANTU, TRACT 1805, ACRES 6.00 1805 6 R260% A0006 E CANTU, TRACT 1877, ACRES 5.00 1877 5 RZB118 A0006 E CANTU. TRACT 1878, ACRES 5.00 1878 5 R26146 AD006 E CANTU, TRACT 1879, ACRES 5.00 1879 5 R26189 ADD06 E CANTU. TRACT 1880, ACRES 5.00 1880 5 R26191 A0006 E CANTU, TRACT 1881, ACRES 5.00 1881 5 R26216 A0006 E CANTU, TRACT 1982, ACRES 5.00 1882 5 R26245 IA0006 E CANTU, TRACT 1893, ACRES 5.00 1883 5 R25507 A0006 E CANTU, TRACT 1884, ACRES 5.00 1884 5 R25525 A0006 E CANTU, TRACT 1885, ACRES 5.00 1885 5 R25550 A0006 E CANTU. TRACT 1886, ACRES 5.00 1886 5 R25571 A0008 E CANTU. TRACT 1887, ACRES 5.D0 1887 5 R25592 ADD06 E CANTU, TRACT 1888, ACRES 5.00 1888 5 R25615 A0006 E CANTU, TRACT 1889, ACRES 5.00 1889 5 R25638 ADDD8 E CANTU, TRACT 1890, ACRES 5.00 1890 5 R25656 JA0006 E CANTU, TRACT 1891, ACRES 5.00 1891 5 R25679 A0006 E CANTU, TRACT 1892, ACRES 5.00 1892 5 - . R26470 JAM06 E CANTU, TRACT PT 3, ACRES 2.93, SLSBM RR ROW SEC 11 RIR ROW 2.93 Page 2 of 2 • • 607 ORDER FOR CANCELLATION AND REVISION OF A PORTION OF PLAT OF THE AMERICAN TOWNSITE COMPANY SUBDIVISION • STATE OF TEXAS § IN THE COMMISSIONERS COURT § OF CALHOUN COUNTY, TEXAS COUNTY OF CALHOUN § REGULAR TERMS, A.D., 2001 ON THIS 31st day of August, 2001, A.D. at a regular term of this Court, came on to be considered the Application for Cancellation and Revision of a portion of the Plat of THE AMERICAN TOWNSITE COMPANY SUBDIVISION, a subdivision in Calhoun County, Texas, the map and plat of such subdivision being recorded in Volume Z, Page 2, Plat Records of Calhoun County, Texas, and re -subdivision of a portion thereof into a subdivision known as SEAPORT LAKES PHASE ONE in accordance with a map and plat being made by ELLIS-SUMMERS SURVEYING, executed by SEA, a Texas General Partnership; (the Application was originally considered and heard on August 13, 2001, and such hearing was continued until this date) and, THE COURT, having examined and considered said map and plat finds that the same is in proper form and should be filed for record in the Plat Records of Calhoun County, Texas. • THEREFORE, IT IS ACCORDINGLY ORDERED, ADJUDGED AND DECREED that the plat of THE AMERICAN TOWNSITE COMPANY SUBDIVISION is TERMINATED AND CANCELLED as to that portion described in Exhibit "A" attached hereto (368.94 acres), and all roadway easements in said 368.94 acres, including those in both Phase 1 and future Phases 2 and 3, are also cancelled (except for those that remain on the plat described above and designated as "original easement"), and that such map and plat of said SEAPORT LAKES PHASE ONE, and future Phases 2 and 3 that later may be developed and subdivided, together with the accompanying dedication, is approved and is to be filed of record in the Plat Records of Calhoun County, Texas, 0 and that consent, approval and acceptance is hereby given to the subdivision of said property into lots, blocks and street areas as shown upon said map and plat. The above and foregoing order was passed by the Commissioner's Court of Calhoun County, Texas, this 31 n day of August, 2001, A. D. COMMISSIONERS OF CALHOUNCOUNTY, TEXAS SS�oNEFs cy� O h;, u yt H. ,�U 'CCUNl, MARLENE PAUL, CALHOUN COUNTY CLERK cathy\seecommissionees court order COMMISSIONER, PCINCT NO. I A A A COMMISSIONER, PRECINCT NO.2 4A -4"1111 HONORABLE W. H. FLOYD, COMMISSIONER, PRECINCT NO.3 Az ..-y If-/- zziv,W 'c HONORABLE KENNETH FINSTER, COMMISSIONER, PRECINCT NO.4 • • • M EXHIBIT A FIELDNOTE DESCRIPTION 368.94 ACRES NET PART OF THE AMERICAN TOWNSITE COMPANY SUBDIVISION AND THE ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD THE STATE OF TEXAS COUNTY OF CALHOUN • FIELDNOTE DESCRIPTION for a 368.94 acre tract or parcel of ground being all of TRACTS 1488-1491, 1570-1578, 1633-1645, 1647, 1723, 1725-1727, 1729-1737, 1789-1805, 1877-1892, AMERICAN TOWNSITE COMPANY SUBDIVISION as recorded in Volume Z Page 2 among the Plat Records of Calhoun County, Texas and being all of a 1.97 acre tract and a 0.957 acre tract to Freeman K. Dierlam as recorded in Volume 279 Page 87 of the Deed Records of said county and being part of the ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD and being more particularly described by metes and bounds as follows: POINT OF BEGINNING 1 BEGINNING at a 5/8 inch iron rod set on the north line of State Highway 185 (130 foot ROW), said point being on the apparent southwest line of Block H of the Calhoun County Cattle Company Subdivision of the Port O'Connor Pasture as recorded in Volume 1 Page 1 of the Deed Records of said county, said point also being on the northeast line of said Tract 1805 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD, said point being the east corner of said 1.97 acre tract to Freeman K. Dierlam as recorded in Volume 279 Page 87 of the Deed Records of said county; THENCE S 84 deg 03 min 54 sec w, 1448.67 feet with the common line of said 1.97 acre tract and said Stpte Highway 185 as recorded in Volume 263 Page 601 of the Deed Records . of said county to a 5/8 inch iron rod set; THENCE N 28 deg 32 min 05 sec W, 1032.39 feet with the common line of said Tract 1804 and Tract 1724 extended . _ across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD, and then with the common line of said Tracts 1804- 1802 and Tract 1724 to a corner fence post; THENCE S 61 deg 21 min 47 sec W, 251.01 feet with the common line of said Tract 1725 and Tract 1724 and with an existing fence to a corner fence post; THENCE S 28 deg 32 min 06 sec E, 927.46 feet with the common line of said Tract 1723 and Tract 1724 and with an existing fence and then with the common line of said Tract 1723 and Tract 1724 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD to a 5/8 inch iron rod set; THENCE S 84 deg 03 min 54 sec W. 654.00 feet with the common line of said 1.97 acre tract and said State Highway 185 as recorded in Volume 263 Page 601 of the Deed Records of said county to a 5/8 inch iron rod set; THENCE N 28 deg 40 min 24 sec W, 676.13 feet with the common line of said Tract 1647 and Tract 1646 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD, and then with the common line of said Tract 1647 and Tract 1646 to a 5/8 inch iron rod set; • - Page 1 610 EXHIBIT A THENCE S 61 deg 27 min 54 sec W, 463.58 feet with the common line of said Tract 1645 and Tract 1646 to a 5/8 inch iron rod set; THENCE S 28 deg 32 min 06 sec E, 482.48 feet with the common line of said Tract 1570 and Tract 1646 then with the common line of said Tract 1570 and Tract 1646 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD to a railroad spike set; THENCE S 84 deg 03 min 54 sec W, 1406.64 feet with the north line of said State Highway 185 as recorded in Volume 263 Page 601 of the Deed Records of said county to a 5/8 inch iron rod set; THENCE N 28 deg 04 min 26 sec W, 1221.96 feet with the common line of said Tract 1491 and Tract 1418 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD, and then with the common line of said Tracts 1491- 1488 and Tracts 1418-1420 and with an existing fence to a 5/8 inch iron rod set; THENCE N 61 deg 19 min 36 sec E, 662.27 feet with the common line of said Tract 1488 and Tract 1487 to a 5/8 inch iron rod set; THENCE N 28 deg 40 min 24 sec W, 330.00 feet with the common line of said Tract 1575 and Tract 1487 and with an existing fence to a corner fence post; THENCE N 28 deg 38 min 37 sec W, 988.68 feet with the common line of said Tracts 1576-1578 and Tracts 1486-1484 and with an existing fence to a corner fence post; THENCE N 61 deg 30 min 17 sec E. 644.30 feet with the common line of said Tract 1578 and Tract 1579 and with an existing fence to a 5/8 inch iron rod set at a corner fence post; THENCE N 28 deg12 min 54 sec W, 1630.70 feet with the common line of said Tracts 1637-1633 and Tracts 1579-1583 and with an existing fence to a corner fence post; THENCE N 60 deg 58 min 21 sec E, 2650.56 feet with the common 'line of said Tracts 1633, 1737, 1789, 1892 and Tracts 1632, 1738, 1788, 1893 and with an existing fence to a 5/8 inch iron rod set at a corner fence post; Page 2 • • • 611 EXHIBIT A THENCE S 28 deg 21 min 57 sec E, 5841.98 feet with the common line of said Tracts 1892-1877, 1805 and said Block H of the Calhoun County Cattle Company Subdivision of the Port O'Connor Pasture as recorded in Volume 1 Page 1 of the Deed Records of said county, said line also being the southwest line of a 5,052.26 acre tract to Verheul Ranches, Ltd as • recorded in Volume 235 Page 73 of the Official Records of said county, and also with an existing deer fence and then with the northeast line of said Tract 1805 extended across said ABANDONED ST. LOUIS, BROWNSVILLE AND MEXICO RAILROAD to the POINT OF BEGINNING; CONTAINING 373.94 GROSS ACRES OF LAND, less the following described TRACT 1728: COMMENCING at the POINT OF BEGINNING 1 above described; THENCE N 55 deg 36 min 57 sec W, 2859.28 feet by a direct tie to a 5/8 inch iron rod set at the POINT OF BEGINNING 2 of this description, said point being the southeast corner of said Tract 1728; THENCE with said Tract 1728 the following courses: S 61 deg 19 min 36 sec W, 660.00 feet to a 5/8 inch iron rod set; N 28 deg 40 min 24 sec W, 330.00 feet to a 5/8 inch iron rod set; N 61 deg 19 min 36 sec E, 660.00 feet to a 5/8 inch iron rod set; S 28 deg 40 min 24 sec E, 330.00 feet to the POINT OF BEGINNING; CONTAINING 5.00 ACRES OF LAND leaving a NET AREA of 368.94 ACRES. Bearings based on a GPS Survey, WGS-84 Datum. A plat accompanies this Metes & Bounds description. This fieldnote description was prepared from an actual survey radn ground on May 23, 2001 and is true and correct to st of myknowledgandbelief.S D. SUMMERS DATE REGISTERED PROFESSIONAL LAND SURVEYOR, TEXAS NO. 2081 TEL 361-573-3004 JOB NO. 7242 WP FILE NO: 7242 Page 3 612 EMS FACILrrY OPTIONS — REPORT FROM ARCHITECT Morgan Spears with Morgan Spears & Associated, Architect, gave a report on the EMS facility options. He listed the following options: 1. Study the Memorial Medical Center Plaza Mall to see if EMS could be put in • the old Lacks' store. 2. Re -study the existing plan to see if different materials could be used to reduce costs. 3. Study the Travis Street fire station site. 4. Seek other locations. (Later determined that options #3 and #4 were not possible) Mr. Spears discussed options 1 and 2. He displayed a survey plan of the mall done for the county when the mall was purchased by the hospital. In this site, conditions are not compatible for an EMS facility traffic. The property lines join the auto parts store; this area would need to be closed off to control access in and out of the facility. Doing this would cut off access from the highway to the auto parts store, which is the entry they use. Developing a drive-thru type entry for EMS vehicle would have the problem of no access from the north and coming in from the east have too many obstacles and there is lower elevation in that area. The only way would be to come in from Highway 35 and back the vehicles into the building as the vehicles cannot be stacked. They have to back in at a 45% angle into formation. The area is not large enough to park 2 vehicles between columns but is too large for only one. For this option to work, the bay area has to be • removed and raised and the areas for offices, etc. put on the sides and add an elevator and stairs. Using four bays could be done but there would be no access from the front for .business or getting supplies. There would be no windows in this area. The sleeping area has to have more than one way in and out of the building — could use windows. A structural engineer would have to be hired to ensure it meets the code. The drawings on the building for structure cannot be located. To re -work the slab area where the trucks go (slab cannot support the trucks), have structure removed and reworked and put back with fireproofing to get a fire rating would be $450,000 above the 1.1 million estimate. Sidewalked costs will be considerable. Mr. Spears said the phone service center for the whole mall is next to the auto parts store in its own room. This will have to be removed. A drive-thru facility would be ideal for this location. The trucks have to be locked up because of the drugs. Commissioner Balajka said renting of office spaces in the mall will fill the parking lot. The mall was originally bought by the hospital for EMS but he learned the original architect said at the time not to put EMS in the mall. Another option is a metal building. We would have savings with metal but fireproofing it would take up the savings. Insurance carrier says metal buildings get the lowest rating as far as a wind load but they would have more maintenance than concrete. He asked the Court if they wanted to spend the money for a structural engineer's study on the mall building. Judge Marshall stated there is nothing positive about the mall. • Ben Comiskey suggested the YMCA location. Commissioner Balajka stated there is no room in the back of the mall. No action was taken by the Court. 613 MEMORUL MEDICAL PLAZA RFP ( Request for Proposal) SPACE A (Formerly Lacks) Total Sq. Footage —14, 790 Lower Level — 985 %" W x 100' 8 s/, "L Mezzanine — 985 % " Wx 49'6"L *Area is unfinished SPACE B (Formerly Cunninghams) Total Sq. Footage — 4,935.7 49'Wx100Y4"L 'Area is unfinished SPACE C (Formerly Oshman's) Total Sq. Footage— 4,723.4 Front Wall — 72' W Left Wall — 100' 8 % " Right Wall Front — 16' 6''2 Right Wall Back — 74' 2" Back Wall — 42''/:" *Area is unfinished SPACED (Formerly MMC's Cardiac Rehab) Total Sq. Footage — 1, 096.92 39'6" Wx 27"7"L *Area is finished SPACE E (Formerly MMC's Business Development) . Total Sq. Footage — 467.81 19' Wx 24' L "Area is finished SPACE F Total Sq. Footage — 6,007 43'8"Wx98'3"L *Area is finished — need minimal renovation PARKING LOT 614 • • • MEMORIAL MEDICAL PLAZA RFP (Request for Proposal) DESCRIPTIONDIMEASIOAS SPACEA(Frmly. Lacks Bldg.) Total Sq. Footage — 14,790 Lower Level—98'5%"-Wx100'8'/,"-L Mezzanine —98'5V "W-49'6"—L SPACE B (Frmly. Cunninghams) Total Sq. Footage — 4,935.7 - 49' W x 100'/. " SPACE C (Frmly. Oshman's) Total Sq. Footage — 4,723.4 Front 71' W — (Left Wall -100' 8'Y') Right Wall (Front—16'6'/,') Right Wall Back — 741 " Back Wall — 42' Y " SPACED (Frmly. MMC's Cardiac Total Sq. Footage—1.096.92 Rehab) 396" Wx 17'7"- L SPACE E (Frmly. MMC's Business Total Sq. Footage — 467.81 Development) — 19 "' W x 24' L SPACE F(Frmly. Home Health area) Total Sq. Footage —6,007 V/ — 438" Wx 98'3"L Minimal renovation Parking Lot ✓ in • s LJ W L L a. rim N C G 6 Y G E o u G G K W 6 4O U O r r O U L 6 a a a a a a E y w m a m ry n 6 6 6 6 6 6 N N N N N N RECYCLING TRAILER AND BINS — A CEPT GRANT FROM GOLDEN CRESCENT REGIONAL PLANNING COMMISSION • A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the grant funds from the Golden Crescent Regional Planning Commission to purchase one recycling trailer to be used within Calhoun County recycling binds and to be used within Calhoun County Independent School District and other offices for recycling paper. Said grant is in the amount of $13,226. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. 616 TRANSFER OF FUNDS FOR TNRCC GRANT -RECYCLING TRAILER/BINS A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to transfer $13, 226.00 from the General Fund to the Grants Funds for TNRCC Grant - Recycling Trailer/ Bins. (The grant is based on reimbursement of eligible expenditures.) • Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. AUG 30 '01 01;0GPM CALHOUN CO EMERG MGT MICHAEL I BALAJKA 201 W. Austin Port Lavaca, TX 77979 August 29, 2001 Calhoun County Commissioner. Precinct #2 a Judge Arlene Marshall Commissioner Roger Galvan Commissioner H. Royd Commissioner Kenneth Fenster Re: Solid Waste Grant Aq }P, p:�fi�m J'-a_ 13 Pi (361) 552-9656 Fax (361) 553-6664 Golden Crescent Regional Planning Commission is directed by the TNRCC to administer solid waste grant funds for implementation of the GCRPCs adopted regional solid waste management plan. A grant was awarded to Victoria County and due to Victoria County not using their funds, $13,226.00 is available for Calhoun County. The grant will be used to purchase one 12 cubic yard recycle trailer at the cost of $10,039.00 to be used within Calhoun County to increase recycling awareness. Also 980 recycle bins will be purchased from Gulf Coast Paper at the cost of $3,187.00 to be used within CCISD and various county offices for recycling paper. Please find attached a copy of the Protrailer B-12 specifications. Please let me know if you require any further information concerning this matter. Sincerely, Michael Balajka • 1] 617 P0 '01 AUG 301 01i08PM CRLH UN CO EMERG MGT 3E,`39: 2001 Bc:36 320163-550 Fh9TkIIVF r';Gt V 40 • PR (P), 0AINER 1-800-24-8-7761 Fa.: 320-76 -T567 exiwil protatnF;lprvtainocmm w .prowlneacom PO Box 4'27 r Alexandna, MN 56308 PROTRaILERTMy 8.12 �PEICATIONS PIN: PRT111-12 12 Cu, A Capacity 84' 0 erali Len th 17 S' Loading Height v 9 Tare 1Weight 4180 ibs, GVW 7000 lbs. twoayard compsnmems of 12-911 awes with deposit . Qompagment3 Independent le fide on slant with �mechanism- Sins look down t for transport. Removeble via forklift with frW (atom of Mp rear doorfor unloading. ROTATING FORKLIFT NOT REQUIRED. Uds 35% indu►trial regrind Oy. A rain defleUdr is around top and sides of deposit openap. Diagram provided upon your request. Pfint Electro-afaWWIY applied. 1 Cost at Epoxy Primer and 2 cads of Industrial Enamel. Abe; 70001t TwRax rubber torsion axles standard. Ti as 9.50 x 16.6 with 10009 axle, j c 2 Sf18' Ball Standard. Pith@ and Goosanwk oplional. kea Electric with standard breataway kit. hydrauliciaptIonai. �4lL 6000atop wind mVWup With sandshoe. Matenals: 31154 x 2' x T' rectangular tube main and side Frame, cross- members wW tongw, wire feed welds. Minimum 95% recycled steel. );;lactriv. Wrier fight, fight soaladle rubber grommels, flush mounted to bumper, Slop/Turn taillight on each side, licvn�a tamp with bracket installed. DOT compliant i Step: Side step of no"kid tread plate. i it minimum 341% Industrial regrind poly, top hingdd, fulbr covering deposit openings. Lid looks and props included, Dimensions: DroTrallermt 6-20 ® 25.9' overall length (bell hf uh) Trailer width: 76' Overall width- 94' Overall IAIpM 82" Ground Loading HdgM 84' Stsp Loading H ' 52' Tars WeVhr npPMxImarely ee00 lbs. j 'Specifications are subject to charge widlout notice All draw nDa and inromislim provided to ! 2100 YOU en the eadLI51" RMPWW of PreTelner, Imp and Comat be etohenped i or rcproducad.ronoW prior wdden ooMenl or PraTalner. Ins, 'e � RUG 30 '01 01-d'dpM CALHOUN CO EMERG MGT 081"2v uoi os:3e 3207637550 'PR-Ofmi AINER CAi- CO WASTE MWMT 3i3 i i i, PrCITAIHM; PkIE EIS 1-800-249-7761 .1 FE'ATtifUNO PRQTRAILER B-12 I Fax: 3204 3.76d e-mail protalttOprotainercom wwW.protannerCon) i PO Box �27 • Atexandlia, PMT 56308 Independent two yard eompen Grit of 12 gW steel ` Deposit lids on slant.' Bins lock down to trailer for easy traf%PI* . sins ramovwi3with a NON-RQTIkIM FORKLIFt Rain deflector is around top and side Of deposit opening, I Eieetro-aumeaey applied t coat or primer anal Ocala orinduiMal Erepw f olat Easily moved arana'with a standard pkftW Aany optlwu available t¢ you. Contact you regional rwe.o*rWa I • • • 619 • C� SITE FOR RECYCLING OIL CONTAINER A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to allow the Dm't Be Crude recycle team to place their DIY (do it yourself) unit which was purchased with a donation from British Petroleum -Green Lake in the County Commissioner of Precinct #1 warehouse. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. u 30 01 08:23a Gary or Joni Brown 3615734139 To: From: Subject: The Don't Be Crude Team Barbara Brawn, I.acY ,nonce, Kate Klinkerman 905-53 rude Phone 61 573.088ria, TX 35 361-576.4676 d Motor Fluids Calhoun County Commissioners' Court Fax 361.573.4136 g130101 Barbara Brown, The Don't Be Crude Team Do It Yourself Motor Fluid Recycling Site for Calboun County Laey, Kate and I are Thank you for your continued support of the Don't Be Crude program n• completing our second full week of school and are unable to attend the meeting today. January we, have made several written appeals and one personal Since we spoke to you last appearance to expedite our request from the Formosa Environmental Endowment Fund to fund a eral of you have Don't Be Crude program in Calhoun County. We appreciate the support sev voiced to the Formosa committee members for implementing this program in Calhoun County. We continue to look forward to the funding we expect from Formosa by early next year. In the meantime, we have secured funding from British Petroleum -Green Lake for the purchase ek of one DIY (do-it-yourself) unit. The unit should be delivered sometime next v' e is unit u ld be from laced Florida. W e trust that you will make the best decisionsupport of Calhoun County groundwater and Please join us in expressing thanks to BP for their shoreline protection from used motor fluid contamination. Furthermore, the Don't Be Crude team is now partners with US Filters who is responsible for collecting fluids from our units. We find US Filters to be consistent with provide recycling of used reliability that our team is committed to. In addition, US Filters will p dinate services with US oil filters at each site. We will work with the site supervisor to coor Filter. We look forward to finally establishing the Don't Be Crude program in Calhoun County and thank you for your patience as we await funding for more units. We look forward to seeing y� personally in the near future. tlyinnon of t o "01 Prudential Spill of "wriw Award and the Texas Hahrral Raw" COnservdoa c4asdswme on Environntal • Ezee WM Award, the Emeonnsantal protedlon A9encya Nab" Pre"MW1 Errvironrnental Youth Aw." Winners of the 2000 Brower Youtir Award, State Fin" TNRCC Endlenct Award, t:019de Youth for Amarka Award IS99 Re9iaulRunner-up for the EPAPEYAAward 620 08/24/2001 08:38 3615536664 07/31/2001 17: 02 3a160123i1 ]ul 26 01 04t43p CAL CO COMMISSIONER PAGE 01 CAL CO WASTE wow PAGE 01 The Don't Be Crude Team 9artsare tilrOwtt. L.ecY .tanaa,' Ka» eQlntasmen. `:. rude o •TSBoa 79 PAWVtoeorla, TX 7190bEfeJ i Motor Fluids Photo 361-673.OI1K U14784M Fax M1473-4130 To: Patricia Kafisek From: no Don't Be Crude Tear Subject: DLY for Calhoun County Despite the foot then Pottaosais drgying it's Imla m appropriating tnooey for the 08C e,cpansioo into Catbcun county. we have bees hard a worts trying to find other support for furArtg DIY's. Bridsh Petroleum Orem Like Plat has donated lb"ng for am Unit. They want the unit placed m Ca@»u4 their hates co mty. Plans pass this k4 madon along to your oov=s io=3 and determine where you would Lice do unit placed. Notify us an noon as you choose the airs. The DEC tam will take care of registration ofthe met. The unk will be a460-gallon unit and will be servioed by US Furor, Should the commissioners so choose, a used oil 6lrsrrdayeliag unit can be placed atongads the DLY. We an eackW to finally gin started is Calhoun County. it would probably be a good idea to comsat the Port Lavaca Wave to publinim EP's oontmitment to the mmuo reity and the opening oltbe First new site. Hope to tar ih m you som. Wleewe er Or lest paaaetW SpO etAn s" AeW aae lM Tar NOW ttaaataes tlsaastsaees CsOmaessiss[naaasareur t udionn As" to IrmW WO tatprotaatlaa A'asys stAn ' Pn dJwM L Nrwewas YswAWAd . Weee of de200011e Ywma1 Awd{oar rindratTeane 09e1Ye"Arnd. etaee YeeawhrAeitrea Arne tap nplsdlhnwrW%rQaWAs6YAAted COMMUNITY DEVELOPMENT RESOURCE TEAM VISIT TO C4LHOUN COUNTY — REPORT Carolyn Adrian with Community Development Resources team gave a report on the information from a long time planning effort regarding all entities working together for the betterment of their projects and plans for the future. No action was taken by the Court. • • L_J 621 • • • Texas Rural Development Calhoun County Resource Team Visit September 11-13, 2001 Through the direction of: Calhoun County Judge Arlene Marshall Point Comfort Mayor Pam Lambden Port Lavaca Mayor Alex Davila Seadrift Mayor Billy Ezell Team 1 Team 2 Team 3 Port Lavaca/Six Mile Port O'Connor/AIM (Pt. Comfort/Olivia/Seadrift) Ronnie Boston - Leader Joe LaBarbera - Leader Dennis Thomas -Leader Dr. James Holm Melissa Larson Matthew Gerick Wendell Daniel Larry Lancaster Laurence Doxsey Shannon McBride Dennis Engelke GBRA Representative Dr. Pamela Brown Bouche Mickey Matthew Gerick - Central Power & Light, Victoria Melissa Larson - Golden Crescent Regional Planning Commission, Victoria Dr. James Holm - University of Houston/Victoria Representative of the Guadalupe Blanco River Authority Ronnie Boston - Leon-Bosque Recource, Conservation and Development, Glen Rose Joe LaBarbera - Big 8 Recource, Conservation & Development, Bryan Dennis Thomas - Central Texas Resource, Conservation & Development, Taylor Laurence Doxsey - Housing & Urban Development Office, San Antonio Larry Lancaster- Eagle Consulting, Goliad Shannon McBride - Tech. Prep./ Victoria College Dennis Engelke - Texas Electric Cooperatives, Austin Bouche Mickey - Texas Agricultural Extension Service, Rosenberg Wendell Daniel - Sam Houston Resource, Conservation & Dev. , Willis Pamela Brown - Texas Coop. Extension/Texas A & M University System, Lubboc Tour of Calhoun County - Tuesday, September 11 2:00 - 6:00 PM Listening Session Locations Point Comfort - Formosa Guest House Wednesday, September 12 - 8:30 AM -12 Noon Olivia - Olivia Community Center Wednesday, September 12 - 3:00 - 6:00 PM Calhoun High School Wednesday, September 12 -1:30 - 2:30 PM Alamo/Indianola/Magnolia Beach - Baywatchers Bar & Grill Wednesday, September 12 - 8:30 AM- 12 Noon Port O'Connor - Community Center Wednesday, September 12 - 3:00 - 7:00 PM Seadrift - City Hall Thursday, September 13 - 8:30 AM -12 Noon 622 Port Lavaca — City Council Chambers Wednesday, September 12 — 8:30 AM —12 Noon; 1:30 — 6:00 PM Six Mile — 6 Mile Presbyterian Church, Royal Rd. Thursday, September 13 — 8:30 AM —12 Noon Calhoun County Town Hall Meeting — Thursday, September 13 7:00 PM Scheduled sessions throughout the county. Everyone is invited to attend in order to answer the following three questions: 1. What are the major problems and challenges in your community? 2. What are the major strengths and assets in your community? 3. What projects would you like to see accomplished in your community in the next two or five, ten, and twenty years? Input on questions may be sent to: rtnotes(c tisd.net County -wide Task Force Roles/Responsibilities • Oversee community assessment process and follow-up • Provide input/suggestions as needed • Communicate with other citizens about the assessment process • Help ensure county -wide participation (contact community sector representatives) • Review resource team report and prioritize suggestions • Participate in strategic planning process • Provide leadership for follow-up task groups Texas Rural Development Council—www.trdc.org Facilitates cooperation between Federal, State, and Local governments, including the private sector and non-profit organizations, with services provided to rural communities in Texas. TRDC Resource Team — Professionals with expertise in various areas of community development provide a community -based assessment, recommendations that address a community's specific issues, follow-up support, and a means to rally unity among your community's citizens. Resource Team members generally include the following: consultants and trainers, utilities, regional governments, educational institutions, professional associations. Resource Team Visit — a four day visit that includes: • Meeting with Task Force non-profit organizations, private state agencies, federal agencies, County -wide tour Listening Sessions in 4 areas (Port Lavaca/Six Mile; Port O'Connor, Seadrift, Point Comfort/Olivia) -agriculture -city, county, law enforcement • r1 U 623 -churches -educators -youth -industry -Chamber of Commerce -Emergency Services is Economic development -Minorities -Parents -banking and financial -retail, business and utilities -healthcare providers -civic clubs -senior citizens -non-profit organizations Benefits of a Resource Team Community Assessment • Designed specifically for rural Texas communities • Cost effective • Gives the community a voice • Enhances unification of the community • Recommendations give communities a "place to start' • Builds community consensus • Aids in recruiting volunteers • Offers long-term support • • 624 Accountability Process Step 1. Take information from Resource Team Reports -Prioritize recommendations/suggestions at the community level -Prioritize recommendations/suggestions at the county level -Develop plans/action steps around priorities (2 year cycle) -Publicize/promote plans/action steps at local and county level -governmental entities -clubs/organizations, etc. -Leadership Calhoun County alumni Step 2. Task Force meets quarterly with local governmental entities to review priorities and plans/action steps, communicate, support, build relationships (breakfast meeting format). Step 3. Quarterly updates are published in area papers/websites and shared with major community groups/organizations. Step 4. Task Force meets semi-annually with local Resource Person to share information, etc. Step 5. Midway into the 2"d year, Task Force gathers to evaluate plans/action steps. Task Force hosts a county -wide Town Hall meeting to share evaluation and seek input from a variety of levels. Step 6. A second task force is formed to take evaluation information and work with local governmental entities to develop a second two-year plan with action steps (continue to use Leadership Calhoun County alumni). Second Task Force follows same steps VALUES -collaboration at all levels -relationship building -information sharing/communication at all levels -inviting participation/involvement from all sectors -respect for the diverse gifts of area individuals "can do" attitude • 625 • E • EMS/FACILITY BOND ISSUE — REPORT ON TAX RATE IMPACT Anne Entrekin with first Southwest, financial advisor for Calhoun County, gave a report on the tax rate impact for the EMS facility bond issue. She prepared an analysis on the costs for the bond issue to project what is going to happen to the tax base, which is what ultimately drives the rate. She said there may be a decline in the tax base in reference to industry. She discussed tax abatements, recommending only 901/o of the abatement coming off being considered. She used the tax year rather than the fiscal year. She also discussed the debt service of the Formosa tax abatement, the hospital financial condition, etc. The total cost associated with the bond issue is $1,320,000.00 with approximately $110,000.00 or $111,000.00 debt service being associated with that; interest is at 5 1/2% based on a 20-year period. This can be revised to a ten year period and you can see a greater change in your INF tax rate. Industry will be paying for the bulk of this. She said the underwriter recommends negotiative sale v. a competitive sale for $1,320,000.00. No action was taken by the Court. ORDER FOR BOND ELECTION FOR NEW EMS FACILITY ON NOVEMBER 6, 2001 A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to adopt the Order Calling for A Bond Election on November 6, 2001 regarding the new EMS facility and authorize the County Judge to sign the Order. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. ORDER CALLING A BOND ELECTION STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, the Commissioners Court of Calhoun County, Texas (the "County') deems it advisable to can the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined that the meeting at which this Order was passed was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALMOUN COUNTY, TEXAS THAT: 1. TIM& An election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on Tuesday, November 6, 2001 in the County. 2, PRECINCTS AND POLLING PLACESS. The polling place for eachelectionprecinct of the County for said election shall be as follows: Pal Calhoun County Courthouse Annex 201 W. Austin, Pon Lavaca Pct2 Calhoun County Library 200 W. Maha, Pon Lavaca Pct3 Roosevelt Elementary School 300 Alcoa Drive, Port Lavaca Pao First Am ablyofGod Church 301 Alcoa Drive, Pon Lavaca P« 5 VFW Post p 4403 Hwy 316 at FM 2433, Pon Lavad, Pct 6 PcL I Warehouse, Magnolia Bch. FM 2760, Pon Lavaca Pas. 7, 8 & 9 Jackson Elementary School 1420 Jackson Street, Pon Lavaca Pa. 10 Sunlight Girls Building (Wilkens School) 204 W. Alia Wilkens, Pon Lavaca Pas. 11 & 12 Travis Middle School 705 N. Nueces,Pon lavaa Pa. 13 Salem Lutheran Church 2101 N. Virginia, Pon Lavaca Pa. 14 Consul Healthcare Center 524 village Road, Pon Lavaca Pa. 15 Knights of Columbus Hall FM 3084, Six Mile Pa. 16 Pct. 2 warehouse FM 1090, Six Mile Pa. 17 Senior Citizens Cenlar Coma of Main & Guadalupe, Pon Lavaa Pa 18 CCISD District OfBa 525 N. commerce, Pod Lavaca Pa. 19 Texas State Highway Department Building 2275 N. Hwy 35, Pon Lavaca Pa. 20 First Baptist Church 902 Calhoun Street, Pon Lavaca Pa. 21 Bauer Community Center , 2300 N. Hwy 35, PortLavaa Pa. 22 Point Comfort City Hall 102 Jones Street, Point Comfort Pa. 23 Olivia CommunityCcntu County Rd. 318, Olivia Pa. 24 American G.I. Foram Building Hwy 87 Noah, Pon Lavaca Pa. 25 Hatch Bend Country Club of Hwy 35 South, Pon Lavaca Pa 25A Amcrian G.I. Fomm Building Hwy 87 North, Pon Lavaca Pa.26 WCIDNI 11 mi Wad of Pon Lavaca on Hwy 35 Port Lavaca Pat 27 Seadrift City Hall Main & Dallas, Seadrift Pa. 28 Pon O'Connor Fire Station e Street, Pon O'Connor 626 3. PRESIDING TUDGES. The Presiding Judge and Alternate Presiding Judge for each of the election precincts and polling places described above shall be appointed at a later date. 4. ELECTION CLERKS. Each Presiding Judge shall appoint not less than two normore than five qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 5. EARLY VOTING. Electors may cast their early votes by mail or by personal appearance in the Election Administrator's Office at the Calhoun County Courthouse, 211 S. Ann Street, Port Lavaca, Texas 77979. The Early Voting Clerk shall be Stephanie Smith. During the period early voting is required or permitted by law, being Monday, October 22, 2001 through Friday, November 2, 2001, the hours designated for early voting by personal appearance shall be from 8:00 A.M. to 5:00 P.M. on each day except Saturdays, Sundays, and legal state holidays; and the Early Voting Clerk shall keep said early voting place open during such hours for early voting by personal appearance. 6. EARLY VOTING BALLOT BOARD. An Early VotingBallotBoard is hereby created to process early voting results. The Presiding Judge and the Alternate Presiding Judge of said Board shall be appointed at a later date. The Presiding Judge shall appoint at least two other members of said Board. . 7. ELECTORS. AD resident, qualified electors of the County shall be entitled to vote at said election 8. Ot''FtciALPRorostTtom At said election the following PROPOSITION shall be submit- ted in accordance with law: PROPOSITION "Shall the Commissioners Court ofCalhoun County, Texas be authorized to issue bonds of the County, in one or more series, in the aggregate principal amount of $1,320,000 for the construction and equipping of a new emergency medical services facility for the County, with said bonds to mature, bear interest, and be issued and sold in accordance with law at the time ofissuance, all within the discretion of such Commissioners Court; and shall the Commissioners Court be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the County, sufficient, within the limits provided by law, to pay the principal of and interest on said bondsP' 9. FORM OF BALLOT. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR"or "AGAINST" the aforesaid PROPOSITION with the ballots to contain such provisions, markings, and language as required by law, and with such PROPOSITION to be expressed substantially as follows: • 627 FOR +), )- THE ISSUANCE OF $1,320,000 OF BONDS TO CONSTRUCT AND EQUIP A NEW EMERGENCY MEDICAL SERVICES FACILITY FOR THE COUNTY • AGAINST +), AND LEVYING THE TAX IN PAYMENT THEREOF 10. ELECTION CODE In all respects said election shall be conducted in accordance with the Texas Election Code. 11. BILINGUAL ELECTION MATERIALS. All election materials (including notice of the election, ballots, instruction cards, affidavits, and other forms which voters may be required to sign) and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof, and/or other assistance shall be provided, as required by the Texas Election Code and the Federal Voting Rights Act of 1965, each as amended. 12. NOTICE. Notice of said election shall be givenby publishing onetime in thePort Lavaca Wam not more than 30 days and not less than 10 days prior to the date set for said election a notice of election, both in English and in Spanish, in substantially the form attached hereto as Exhibit A. It is hereby found and declared that the Port Lavaca Wave is a newspaper of general circulation within the County. Notice shall also be given by posting not later than the 21 st day before the election a copy of such notice of election, both in English and in Spanish, on the bulletin board used for posting notices of the meetings of the Commissioners Court of the County. • [The remainder of this page intentionally left blank] • APPRO VEDRY THE COMMISSIONERSCOURTOF CALHOUN COUNTY, TEXAS ON THE 31 S' DAY OF A UGUST, 1001. County Judgd, CalhouIrCounty, Texas Attest: ��, pd;s4 County Cleric, Calhoun County, Texas [EXECVI70N PAGE TO BOND EiwnoN ORDER] • •Mi NOTICE OF BOND ELECTION TO BE HELD BY CALHOUN COUNTY, TEXAS TIM EAND PURPOSE OF ELECTION. The Calhoun County, Texas (the "County') will hold an election between the hours of 7.00 A.M. and 7.00 P.M. on Tuesday, November 6, 2001 in the County for the purpose of authorizing the issuance of $1,320,000 in principal amount of bonds, as further described below. PLACE OF ELECTION. The polling place for each election precinct of the County for said election shall be as follows: Pa. I Calhoun County Courthouse Annex 201 W. Austin, Port Lavaca PcL 2 Calhoun County Library 200 W. Mahan, Port Lavaca PcL 3 Roosevelt Elementary School 300 Alcoa Drive, Port Lavaca Pct. 4 First Assembly of God Church 301 Alcoa Drive, Port Lavaca PcL5 VFW Post #4403 Hwy 316 at FM 2433, Port Lavaca PcL 6 Pct. 1 Warehouse, Magnolia Bch. FM 2760, Port Lavaca • Pcts. 7, 8 & 9 Jackson Elementary School 1420 Jackson Street, Port Lavaca Pct. 10 Sunlight Girls Building (Wilkens School) 204 W. Alice Wilkens, Port Lavaca Pcts. I 1 & 12 Travis Middle School 705 N. Nueces, Port Lavaca Pct. 13 Salem Lutheran Church 2101 N. Virginia, Port Lavaca Pct. 14 Coastal Healthcare Center 524 Village Road, Port Lavaca Pct. 15 Knights of Columbus Hall FM 3084, Six Mile Pct. 16 Pct. 2 Warehouse FM 1090, Six Mile • Pa. 17 Senior Citizens Center Comer of Main & Guadalupe, Port Lavaca Pa. 18 CCISD District Once 525 N. Commerce, Port Lavaca Pct. 19 Texas State Highway Department Building 2275 N. Hwy 35, Port Lavaca Pct. 20 First Baptist Church 902 Calhoun Street, Port Lavaca Pct. 21 Bauer Community Center 2300 N. Hwy 35, Port Lavaca Pct. 22 Point Comfort City Hall 102 Jones Street, Point Comfort Pct. 23 Olivia Community Center County Rd 318, Olivia Pa. 24 American G.1. Forum Building Hwy 87 North, Port Lavaca Pct. 25 Hatch Bend Country Club Off Hwy 35 South, Port Lavaca Pa. 25A American G.I. Forum Building Hwy 87 North, Port Lavaca Pct. 26 WCID# 1 11 mi. West of Port Lavaca on Hwy 35 Port Lavaca Pct. 27 Seadrift City Hall Main & Dallas, Seadrift Pct. 28 Port O'Connor Fire Station 6" Street, Port O'Connor 630 EARLY VOTING. Electors may cast their early votes by mail or by personal appearance in the Election Administratoes Office at the Calhoun County Courthouse, 211 S. Ann Street, Port Lavaca, Texas 77979. During the period early voting is required or permitted bylaw, being Monday, October 12, 2001, through Friday, November 2, 2001 (excluding Saturdays, Sundays and legal state holidays), the hours designated for early voting by personal appearance shall be from 8:00 A.M. to 5:00 P.M. OFFICIAL BOND PROPOSITION. At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION "Shall the Commissioners Court of Calhoun County, Texas be authorized to issue bonds of the County, in one or more series, in the aggregate principal amount of $1,320,000 for the construction and equipping of a new emergency medical services facility for the County, with said bonds to mature, bear interest, and be issued and sold in accordance with law at the time ofissuance all within the discretion of such Commissioners Court; and shall the Commissioners Count be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the County, sufficient, within the limits provided by law, to pay the principal of and interest on said bondsT' FORM OF BALLOT. The official ballots for said election shall be prepared in accordance with • the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST' the aforesaid PROPOSITION with the ballots to contain such provisions, marltings, and language as required by law, and with such PROPOSITION to be expressed substantially as follows: FOR +), )- THE ISSUANCE OF $1,320,000 OF BONDS TO CONSTRUCT AND EQUIP A NEW EMERGENCY MEDICAL SERVICES FACILITY FOR THE COUNTY AGAINST +), AND LEVYING THE TAX IN PAYMENT THEREOF ELECTORS. AD resident, qualified electors ofthe County shall be entitled to vote at said election. 631. I, the undersigned County Clerk of Calhoun County, Texas (the "County"), hereby certify as follows: • 1. The Commissioners Court of the County (the "Commissioners Court') convened in REGULAR MEETING ON THE 31sT DAY OF AUGUST, 2001, at the regular.designated meeting place (the "Meeting"), and the roll was called of the duly constituted officers and members of the Commissioners Court, to -wit: Arlene N. Marshall, County Judge Roger C. Galvan, Commissioner, Precinct #1 Michael Balajka, Commissioner, Precinct #2 H. Floyd, Commissioner, Precinct 43 Kenneth Finster, Commissioner, Precinct #4 and of said persons were present, except the following absentees: H. Floyd, Commissioner, Precall inct 13 , thus constituting a quomm. Whereupon, among other business the following was transacted at the Meeting: a written ORDER CALLING A BOND ELECTION (the "Order") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Order be passed-, and, after due discussion, said motion, carrying with it the passage of the Order, prevailed and carried by the following votes: AYES: 4 NOES: 0 ABSTENTIONS: 0 2. A true, full, and correct copy of the Order passed at the Meeting is attached to and follows this • Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the passage of the Order, the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for passage at the Meeting, and each of the officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED the 31" day of August, 2001. Marlene Paul, County ,Clerk County Clerk, Calhoun County, Texas By ��Z2 GtiiLG�� Shirley Foester, Deputy • 632 FIRE DEPARTMENT REPORT ON ISO RATING SYSTEM Boyd Staloch, Port Lavaca Fire Chief, gave a report of the fire departments regarding ISO rating system, Port Lavaca and 5 miles around the city limits had their rating lowered from 5 to 4. Homeowners will not automatically receive a decrease in insurance — they need to contact their insurance agents for this. The key to the rate is being within - 5 miles of a fire department or within 1,000 feet of a fire hydrant. No action was taken by the Court. ORDER AMENDING THE 2001 SALARY ORDER A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to Amend the 2000 Salary Order. Commissioners Balajka, Galvan, Finster and Judge Marshall all voted in favor. 2001 SALARY ORDER AMENDMENT AUGUST -"------------------------- 31, 2001 MAXIMUM SEMI-MONTHLY ANNUAL SALARY GENERAL FUND Road and Bridqe Precinct One Effective 10 1 01, the entire section for this department appearing on "Page 3 of 5" is replaced by the following: • 1 Employee $1,286.54 $30,877.00 1 Employee 2,198.16 28,756.00 1 Employee 1,166.41 27,994.00 2 Employees, each 1,111.54 26,677.00 1 Secretary (no change) 985.62 23,655.00 Road and Bridqe Precinct Two Effective 10 1 01, the entire section for this department appearing on "Page 3 of 5" is replaced by the following: 1 Employee $1,286.54 $30,877.00 1 Employee 1,198.16 28,756.00 1 Employee 1,166.41 27,994.00 3 Employees, each 1,117.20 26,813.00 1 Secretary (no change) 985.62 23,655.00 Road and Bridge Precinct Four Effective 10 1 01, the entire section for this department appearing on "Page 4 of 5" is replaced by the following: 1 Employee (no change) $1,286.54 $30,877.00 1 Employee (no change) 1,198.16 28,756.00 1 Employee 1,166.41 27,994.00 3 Employees, each (no change) 1,117.20 26,813.00 5 Employees, each - 1,084.29 26,023.00 . 1 secretary (no change) 985.62 23,655.00 633 REDISTRICTING 2001 • 1] is This agenda item was passed to September 10, 2001 for a full Court. TRANSFER LANDFILL/RECYCLE CENTER GUARDHOUSE TO COMMISSIONER PCT. #1 A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to transfer the guardhouse at the Landfill/Recycle Center, Inventory # 80-0076 to County Commissioner Precinct #1. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. ORDER PROHIBITING GLASS CONTAINERS ON COUNTY BEACHES A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to issue an Order Prohibiting the use and possession of glass containers and products on beaches in the unincorporated areas of Calhoun County, pursuant to 61.22, Natural Resources Code. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. STATE OF TEXAS COUNTY OF CALHOUN Order Prohibiting Use and Possession of Glass Containers and Products on Beaches in Unincorporated Areas of Calhoun County, Pursuant to 61.122, Natural Resources Code Section 61.122(d) of the Natural Resources Code gives Commissioners' Courts of a county bordering on the Gulf of Mexico or its tidewater limits the authority to prohibit the use and possession of all glass containers and products on a beach in the unincorporated areas of the county. IT IS THEREFORE ORDERED that use and possession of all glass containers and products on a beach in the unincorporated areas of Calhoun County are prohibited. Criminal Penalties: Violation of this order can result in criminal penalties as provided in Natural Resources Code Section 61.127: (a) For a first conviction, a fine of not less than $50.00 nor more than $100 may be imposed; (b) For a second conviction, a fine of not less than $100 nor more than $200 may be imposed; (c) For any subsequent convictions after the second conviction, a fine of not less than $200 nor more than $1,000 may be imposed or confinement in the county jail for not more than 60 days, or both. Rac land adopted by a vote of 4 ayes and —0- nays this 3151 day of August, 2001 Ier H. Floyd, Precinct Three, absent. UG4� .i k ir� �� liat'%• Arlene N. M rshall 4 % . Calhoun County Judge Marlene Paul, Calhoun County Clerk G34 TAX ASSESSOR - JP PCT #3 - MONTHLY REPORTS The Tax Assessor -Collector and JP Pct 93 presented their reports for the month of July , 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, Finster and Judge Marshall all voted in favor. BUDGET ADJUSTMENTS - DISTRICT COURT - DISTRICT ATTORNEY - COMMISSIONER PRECINCT #1 (2) - COMMiSSIONE.R PRECINCT se? !al - UARUCUMMISSIONERS COURT — COUNTY COURT AT LAW — LIBRARY — MISCELLANEOUS —JAIL A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. 11 BUDGET AMENDMENT REQUEST I To: Calhoun County nCommissioners' Court From: �Ww":'t (Department making this request) Date: $-�q_'91 I request an amendment to the OO budget for the year following line items in my department: GL Account-#- q30- Gl'PLO q!(3 - D j} Acco- unt Name___ Net change in total budget for this department is: Other remarks/justification: Amendment -_ Amount --_--_ Reason $ — c)_1 31 2001 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): • 1 • 635 BUDGET AMENDMENT REQUEST i To: Calhoun County Commissioners' Court From: (Department making this request) Date: 7 - �u-Q 1 I request an amendment to the G budget for the year following line items in my department: Amendment GL Account # Account Name Amount ----------_' ��7 I�-�C{O -- 0 � -------- ---- ow - o --� Reason n . APPR VEID AUG 31 2001 Net change in total budget i for this department is: $ Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 636 80DOET AHENDHENT REQUEST 3 To: Calhoun Count, C 'o'm _mis `sioners, Court From: �%�� i�—C� (Department making this request) Date: �.�� _ r / I request an amendment to the o� 40Q budget for the following line items in my department: OL A000unt / Account Name Amendment / - ""_"---- ___ Amount ____ _______ RaaYOII 9,12 Net change in total budget for this department is: other remarks/justification: 5 I understand that my budget cannot be amended as requested until Commissioners- Court approval is obtained. signature of official/department head: �1 Date of Commissioners' Court approval: Date posted to General Ledger account(s): • 0 637 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' ,Court �l�From: , f O" ,L/ (Department making this request) Date: I request an amendment to the 4.A 00 ) budget for the following line items in my department: OL A000unt !' j"�D S� 9yo7 _-�1) _ 373S10 Account Name Amendment Amount ,AO Net change in total budget for this department is: Other remarks/justification: F? Reason 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): 0 BUDGET AMENDMENT REQUEST To: Calhoun County n,lCommissioners' Court J From: OhC"a �lI (Department mak�ng this request) Date: I request an amendment to thebudget for the year following line items in my department: Amendment GL Account $' Account Name Amount J 550-0014 -TQ,4hcP-L. 40 a L) a Net change in total budget for this department is: Other remarks/justification; -- --Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court n (/I From:V��' `�i • �.ui u� I. Y� • (Department making this request) Date:a � I request an amendment to the C(Pfl budget for the year following line items in my department: Amendment GL Account #--Account_Na_me_ Amount _---Reason -w550-73g00 t 55C-5?�ro io d . ridce 50.0� is Net change in total budget for this department is: g Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): TMI BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court � From: b1ham l l)U[Th l Wil YT 1155{O(1C1 CLX�' of (Department making this request) Date: �(Qo Q( I request an amendment to the X01 budget for the year following line items in my department: GL Account ii` Account Name Amendment Amount . 50- %10 ll,pop oo) -- #550-535yo Net change in total budget for this department is: Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: �Aq&V�n Date of Commissioners' Court approval: Date posted to General Ledger account(s): • I 641 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: 6MO PCEA a • (Department making this request) Date: 8--00-01 I request an amendment to the Q�NuI budget for the year following line items in my department: GL Account Amendment _ Account Name --Amount ------------- --- u-- 3510 �►�c <a00.06 SSn-53S�1C TQ,, 4 -R aOo.Uo Net change in total budget for this department is: Other remarks/justification: $ II ---Reason 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): 0 642 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Cour((}}t�� r� From: �' 16) l lAUi1�') Umn1i5Si�w f .O rt (Department making this request) Date: �IIt IQ, I request an amendment to the a1 budget for the year following line items in my department: Amendment GL Account J Account Name Amount - - ---- --------- ------------- 5 0 351C ROQd gt� Mo. oo> —Ejkown5So- b353U } '►rs 0.00 Net change -in total budget for this department is: Other remarks/justification: Reason ------------------- I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • • 643 0 -0 BUDGET AMENDMENT REQUEST [ 0 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 2 DATE: 8130/01 BUDGET FOR THE YEAR : 2001 9, wv ACCOUNTRAME AMENDMENT AMOUNT GL ACCOUNT NO REASON 1000-550-51540 TEMPORARY 2,519 REQUIRED BY PAYROLL 1000-550-51910 SOCIAL SECURITY 193 1000-550-51940 WORKERS COMPENSATION 153 1000-550-51950 FEDERAUSTATr UNEMPLOYMENT 14 1000-550-53510 ROADIBRIDGE SUPPLIES Total for GENERAL FUND (0) 11,30_��NET CHANGE IN TOTAL BUDGET A RP k AUG 3 1 2001 Emma BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: Rib PRECINCT 1 DATE: 8130/01 BUDGET FOR THE YEAR: 2001" ` AMENDMENT ACCOUNTNAME AMOUNT GL ACCOUNT NO. REASON 1000-540-51540 TEMPORARY 2,454 REQUIRED BY PAYROLL 1000-540-51910 SOCIAL SECURITY 188 1WO-540.51940 WORKERS COMPENSATION 149 1000.540.51950 FEDERAUSTATE UNEMPLOYMENT 13 1000-540.53510 ROAD/BRIDGE SUPPLIES (2A04) Total /or GENERAL FUND (0) (p) NET CHANGE IN TOTAL BUDGET APPROVED AUG 31 2001 645 11 C E BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: R/B PRECINCT 1 GATE 8130101 BUDGET FOR THE YEAR: 2001 AMENDMENt GL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 1000-540-73445 RENOVATION -BUILDING 32 LINE ITEM TRANSFERS 1000-540-60850 CLEANING-INDIANOLA PARKS 120 1000-540-53210 MACHINERY PARTSISUPPLIES 271 1000-540-53510 ROADBRIDGE SUPPLIES (423) Total for GENERAL FUND 0 1 0 NET CHANGE IN TOTAL BUDGET AUG 3 i 2001 i3 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT s FROM: RIB PRECINCT 4 DATE: 8/30/01 BUDGET FOR THE YEAR 2001 s 5 ` AMENDMENT ACCOUNT NAME AMOUNT S` GLACCOUNTNO. REASON 1000-57051540 TEMPORARY 2,635 REQUIRED BY PAYROLL 1000-570-51899 WORKERS COMP ADJUSTMENTS 697 1000-570-51409 MAINTENANCE EMPLOYEES (697) 1000-570-51910 SOCIAL SECURITY 202 1000-570-51940 WORKERS COMPENSATION 160 1000-57D-51950 UNEMPLOYMENT 14 1000-570-53510 ROAD & BRIDGE SUPPLIES (3048) 00y I > 1000-570-66316 TRAINING TRAVEL OUT OF COUNTY 30 LINE ITEM TRANSFER Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED AUG 3 2001 64'7 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: !� • (Department making this request) Date: F ., I request an amendment to the c-�)<,''31 budget for the year following line items in my department: Amendment GL Account # Account Name Amount Net change in total budget for this department is: Other remarks/justification: Reason 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): IL� EM To: Calhoun County Commissioners' Court From: �. (Department m ing th s request) Dates S12 710/ I request an amendment to the a 00/ budget for the year following line its= in icy departments GL Account -#- ex- (003 3_2_ G3o-/,6V4, Account Name ------------------ Not change in total budget for this department ist other remarks/justification: Amendment _ Amount agoJ 0- 8 l5 • ------ Reason _ i f �'r..:tl_.t 2001 x understand that g budget cannot be amended as requested until Commissioners' Court approval is obtalnod. Signature of official/department heads Date of Commissioners' Court approvals Date posted to General Ledger account(a): • EM To: Calhoun County Commissioners' Court From: CALHOUN COUNTY SHERIFF'S DEPT (Department making this request) Date: 08/74/01 • I request an amendment to the 2001 budget for the year following line items in my department: CL Account 760-65180 .: Net change in total budget for this department is: Other remarks/justification: Tmendment Dccount Y.eme Amount Reason ------------------ ------------- -----`------------- RADIO MAINTENANCE - 2,000.00 TAW FNFOR.F.MENT SUPPLIES + 7-000.Of) i AUG 3 1. 2001 L I understand that my budget cannot be amended as requested ui Commissioners' Court approval is obtained. (((/ C Signature of official/department Bead: Date of Commissioners' Court approval: Date posted to Ceneral Ledger account(s): G50 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: �J Uk I nS lx - J1c � (Department making this request) Date: �� _C ( I request an amendment to the aO 01f budget for the year following line items in my department: Amendment GL Account # ^------------ Account Name Amount -------`--"-"`- --------- 100- 10514o lo,0-53ggo o Net change in total budget for this department is: Other remarks/justification: Reason 31 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): )-1 • 651 • 6� u I� BUDGET AMENDMENT REQUEST CALHOUN COUNTY COMMISSIONERS COURT FROM: CAPITAL PROJECT -MOLD REMEDIATION .TM DATE: 8/30101 BUDGET FOR THE YEAR: 2001 '• �� a w a ACCOUNTNAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 5210-999-63920 MISCELLANEOUS 17 LINEITEM TRANSFER 5210-999-63990 MOLD REMEDIATION (156) 5210-999-66192 TELEPHONE SERVICES 121 5210-999-86600 UTILITIES 18 " Total for FUND 0 NET CHANGE IN TOTAL BUDGET 0 --- V D fAUG 3 1 2001 �52 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: JAIL, SHERIFF DATE: 8130101 _ BUDGET FOR THE YEAR 2001 'z `,', AMENDMENT _ ACCOUNTNAME AMOUNT GL ACCOUNT NO. REASON DEPARTMENT NAME JAIL LINE ITEM TRANSFERS 1000-180-51620 ADDITIONAL PAY -REGULAR RATE 1.077 1000-180-64910 PRISONER MEDICAL SERVICES 4,615 1000-180-64880 PRISONER LODGING -OUT OF COUNTY (5,692) SHERIFF 1000-760-51620 ADDITIONAL PAY -REGULAR RATE 3,088 1000-760-51630 COMP TIME PAY 383 1000-760-51899 WORKERS COMP ADJUSTMENTS 806 1000-760-51519 DEPUTY -LAW ENFORCEMENT (806) 1000-760-63530 MACHINERYIEQUIPMENT REPAIRS 127 1000-760-63920 MISCELLANEOUS 35 1000-760-65464 REPAIRS -INSURANCE RECOVERY 1,468 1000-001-49150 RECOVERIES -INSURANCE (1,468) 1000-76D-51610 OVERTIME (1,890) 1000-760-53020 GENERAL OFFICE SUPPLIES (1,743) Total for GENERAL FUND 0 limam i NET CHANGE IN TOTAL BUDGET 0 APPROVED AUG 3 1 2001 I • • 653 BDDGET AMENDMENT REQUEST To: Calhoun County commissioners' Court • From: -\�e�P Q (Department making this request) Date:y- 1 (0— @,C`)I I request an amendment to the am_budget for the year) following line items in my department: Amendment GL -Account -#- --- Account ---- Name - -Amount-- --------------------- 1O1� Net change in total budget for this department is: Other remarks/justification: Fu�c�s needed �ti S«v'\ces �v Reason ------------------- Tca,ve>Cc f- (.u`1 D — CL,5-! LI TfC.nSFcr (D?o - 7 rLbli RCCoum -�Cr FSIOa�e �Gs�[� 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): • 654 BUDGET AMENDMENT REQUEST a� ps41,? TO: CALHOUN COUNTY COMMISSIONERS' COURT ".. FROM: FIRE PROTECTION -PORT LAVACA �Y ' DATE 8/30101 BUDGET FOR THE YEAR: 2001 AMOUNT 5 REASON ACCOUNT NAME GL ACCOUNT NO. 1000.670-65740 SERVICES (2,197) LINE ITEM TRANSFER 1000-670-70750 CAPITAL OUTLAY Total for GENERAL FUND 2.197 p NET CHANGE IN TOTAL BUDGET p A t'xaHlC)k'ECJ AUG 31 2001 I 655 • is P BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: AMBULANCE OPERATIONS -MAGNOLIA BEACH DATE: 8130/01 m v: a BUDGET FOR THE YEAR 2001 F 3' AMENDMENTr<:f. GL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 1000-300-53992 SUPPLIES -MISCELLANEOUS 9 LINE REM TRANSFER 1000-300.53980 SUPPLIES/OPERATING EXPENSES (9) Total for GENERAL FUND 0 p NET CHANGE IN TOTAL BUDGET R-OVED' AUG 3 1 2001 BUDGET AMENDMENT REQUEST MAN TO: CALHOUN COUNTY COMMISSIONERS* COURT FROM: INDIGENT HEALTHCARE (360)/COMM. COURT (230) Y$' DATE: 8130101 AMENDMENT{ AMOUNT BUDGET FOR THE YEAR 2001 `c`vna�.3,} "# '. x'E GL ACCOUNT NO. ACCOUNTNAME REASON 1000-360-60640 CARE OF INDIGENTS (260) LINE ITEM TRANSFER 1000-230-64520 PATHOLOGIST FEES 260 Total for GENERAL FUND 0 milli 0 NET CHANGE IN TOTAL BUDGET AP AUG 3 1 2001 • 657 • 0 aq BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT r' x FROM: COUNTY COURT -AT -LAW DATE 8130/01 " 777 ?+" '� AMENDMENT AMOUNT BUDGET FOR THE YEAR: 2001 ACCOUNTNAME GL ACCOUNT NO. REASON 1000-410-53020 1000-410-70500 GENERAL OFFICE SUPPLIES BOOKS -LAW Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET (192) 192 LINE ITEM TRANSFER 0 MEMO ;0 APE )ROVED AUG 31 2001 BUDGET AMENDMENT REQUEST a »Sx° 7 TO: CALHOUN COUNTY COMMISSIONERS' COURT , FROM: LIBRARY `,, DATE: 8130101 r u +'� BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNT NAME AMOUNT REASON 1000-14466618 UTILITIES -POINT COMFOR LIBRARY 190 LINE ITEM TRANSFER 1000-140-66610 UTILITIES -MAIN LIBRARY (190) _ Total for GENERAL FUND p q Y. NET CHANGE IN TOTAL BUDGET p APPROVED AUG 3 1 Z001 • • 659 BUDGET AMENDMENT REQUEST E 1000-2W-62870 (INSURANCE -LAW ENFORCEMENT LIABILITY for GENERAL FUND • APPROVED FG ppp� w 660 BUDGET AMENDMENT REQUEST APPROVED AUG 3 1 2001 a • • 661 Fund Session Code Date Fund Title 1000 8/31/2001 GENERAL FUND 1000 9/31/2001 GENERAL FUND Total 8p 1/2001 Total 1000 Report Total GENERAL FUND CALHOUN COUNTY, TEXAS Unposted Budget Transactions - REVENUE ADJUST. 8/31101 Transaction Description Dept Title LINE ITEM TRANSFER REVENUE POSTAGE REIMB. BY DA REVENUE HOT CHECK RESTITUTION GL Title RECOVERIES -INSURANCE MISCELLANEOUS REVENUE 3� pees Increase . Decrease 1,469.00 37.00 1,505.00 0.00 APPFC`v" D AUG 3 f 2001 nam F/}NEMII • • N" I • CALHOUN COUNTY, TEXAS • Unposte Budget Transactions-EXPEND.ADIUST.FOR8/31/01 Fund Code 1000 1000 I000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 I DOO 1000 1000 1000 1000 1000 1000 I ODO low Effective Date Fund Title 8/312001 GENERALFUND 8/312001 GENERALFUND 8/312001 GENERALFUND 8/312001 GENERAL FUND 8/312001 GENERALFUND 8/312001 GENERALFUND 8/312001 GENERAL FUND 821/2001 GENERALFUND 8/312001 GENERAL FUND 8/31/2001 GENERALFUND 8/31/2001 GENERALFUND 8/312001 GENERALFUND 8/312001 GENERAL FUND 8/312001 GENERALFUND 8/312001 GENERAL FUND 8/312001 GENERALFUND 8/31/2001 GENERALFUND 9/312001 GENERALFUND 8/31/2001 GENERALFUND 8/312001 GENERALFUND 8/31/2001 GENERALFUND 8/31/2001 GENERAL FUND 8/312001 GENERALFUND 8/312001 GENERAL FUND S7ansaction Description LINE ITEM TRANSFER LINE REM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE REM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE REM TRANSFER LINE ITEM TRANSFER POSTAGE REIMB. BY DA HOT CHECK RESTITUTION REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFERS Dept Title LIBRARY LJBRARY JAIL OPERATIONS JAIL OPERATIONS JAIL OPERATIONS JAIL OPERATIONS JAIL OPERATIONS JAILOPERATIONS COMMISSIONERS COURT MISCELLANEOUS MISCELLANEOUS AMBULANCE OPERATIONS -MAGNOLIA BEACH AMBULANCE OPERATIONS -MAGNOLIA BEACH INDIGENT HEALTH CARE COUNTY COURT -AT -LAW COUNTY COURT -AT -LAW DISTRICT COURT DISTRICT COURT DISTRICT ATTORNEY ROAD AND BRIDGE -PRECINCT p I ROAD AND BRIDGE -PRECINCT # I ROAD AND BRIDGE -PRECINCT M I ROAD AND BRIDGE -PRECINCT M I ROAD AND BRIDGE -PRECINCT N I GLTitle I APPROVED LIBRARY PAY-REG R RATE ADDRTQNA PAY -REGULAR RATE COMP TIME PAY PRISONER LODGING -OUT OF COUNTY PRISONER LODGING -OUT OFCOUNTY PRISONER MEDICAL SERVICES PATHOLOGIST FEES INSURANCE -ERRORS AND OMISSIONS INSURANCE -LAW ENFORCEMENTLLIB SUPPLIES/OPERATING EXPENSES SUPPLIES -MISCELLANEOUS CARE OF INDIGENTS GENERAL OFFICE SUPPLIES BOOKS -LAW COURT REPORTER -SPECIAL LEOALSERVICES-COURT APPOINTED POSTAGE TEMPORARY SOCIALSECURITY WORKMENS COMPENSATION FEDERAUSTATE UNEMPLOYMENT MACHINERY PARTS/SUPPLIES 3 1 200190 190.00 301.00 424.00 5,692.00 4,615.00 260.00 467.00 467.00 9.00 9.00 260.00 192.00 192.00 1,977.00 1.977.00 37.00 2,454.00 188.00 149.00 13.00 271.00 Dw� enatmi vie I t. W CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADIUST.FOR 8/31/01 Fund Effective�F Code Date Fund Title Tmsaction Description Dept Title GL Title Incr2ase i "; ; Decrease <'"., 1000 8/312001 GENERAL FUND LINE REM TRANSFERS ROAD AND ROAD $BRIDGES PLI 4610 . ``• 232'OQ BRIDGE-PRECINCT#I ,% low 8/31/2001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND ROAD&BRIDGE PLIES , ?�"j / 914,Q0 BRIDGE-PRECINCT#1 1000 8/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND ROAD &BRIDGE SUPPLIES �� 123.00 BRIDGE-PRECINCT#1 1000 8/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND ROAD 4 BRIDGE SUPPLIES /2,804.00 BRIDGE -PRECINCT #I 1000 8/31/2001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND SUPPLIES -MISCELLANEOUS 388.00 BRIDGE -PRECINCT # I 1000 8/31/2001 GENERAL FUND LINE REM TRANSFERS ROAD AND SUPPLIES -MISCELLANEOUS 69.00 BRIDGE -PRECINCT # I 1000 8/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND CLEANING-INDIANOIA 120.00 BRIDGE-PRECINCT#1 PARKS 1000 &31/2001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND TELEPHONE SERVICES 163.00 BRIDGE-PRECINCT#1 1000 8/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND TELEPHONE SERVICES 140.00 BRIDGE -PRECINCT #1 1000 8/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND RENOVATION -BUILDING 286.00 BRIDGE -PRECINCT #1 1000 8/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND RENOVATION -BUILDING 32.00 BRIDGE -PRECINCT #1 low 8/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND TEMPORARY 2,519.00 BRIDGE -PRECINCT #2 1000 8/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND SOCIAL SECURITY 193,00 BRIDGE -PRECINCT #2 1000 8/31/2001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND WORKMENS 153.00 BRIDGE-PRECINCT#2 COMPENSATION 1000 9/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND FEDERAUSTATE 14.00 BRIDGE-PRECINCT#2 UNEMPLOYMENT 1000 8/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND ROAD & BRIDGE SUPPLIES 1.000.00 BRIDGE -PRECINCT #2 - 1000 8/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND ROAD & BRIDGE SUPPLIES 200.00 BRIDGE -PRECINCT #2 1000 9/31/2001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND ROAD & BRIDGE SUPPLIES 11550.00 BRIDGE -PRECINCT #2 1000 9/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND ROAD & BRIDGE SUPPLIES 300.00 BRIDGE -PRECINCT #2 1000 8/312001 GENERALFUND REQUIRED BY PAYROLL ROAD AND ROAD&BRIDGE SUPPLIES 2,979.00 BRIDGE -PRECINCT #2 1000 8/312001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND TIRES AND TUBES 200.00 BRIDGE -PRECINCT #2 u+m ertaxoni � • vaz< 2 • t • Fund Code 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 o„'anm:m, Effective Date Fund Title ALHOUN COUNTY, TEXAS UnpostedRgtCtTransactions- EXPEND.ADJUST.FOR V31101 Transaction Description Dept Title 8/312001 GENERALFUND LINE REM TRANSFERS ROAD AND BRIDGE-PRECMCT #2 8/31/2001 GENERALFUND LINE ITEM TRANSFERS ROAD AND BRIDGE -PRECINCT #2 8/312001 GENERALFUND LINE ITEM TRANSFERS ROAD AND BRIDGE -PRECINCT #2 9/312001 GENERALFUND LINE ITEM TRANSFERS ROAD AND BR1DG&PRECINCT #2 9/312001 GENERALFUND LINE ITEM TRANSFERS ROAD AND BRIDGE -PRECINCT #2 9/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND BRIDGE -PRECINCT 44 8/312001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND BRIDGE -PRECINCT #4 8/312001 GENERALFUND REQUIRED BY PAYROLL ROAD AND BRIDGE -PRECINCT #4 8/312001 GENERALFUND REQUIRED BY PAYROLL ROAD AND BRTDG&PRECINCT #4 8/312001 GENERALFUND REQUIRED BY PAYROLL ROAD AND BRIDGE -PRECINCT #4 8/312001 GENERALFUND REQUIRED BY PAYROLL ROAD AND BRIDGE-PRECMCT #4 8/312001 GENERALFUND REQUIRED BY PAYROLL ROAD AND BRIDGE -PRECINCT #4 9/312001 GENERAL FUND LINE ITEM TRANSFER ROAD AND BRIDGE -PRECINCT #4 9/312001 GENERALFUND LINE ITEM TRANSFER CONSTABLE-PRECINCT#3 9/312001 GENERAL FUND LINE ITEM TRANSFER CONSTABLE-PRECINCT#3 8/312001 GENERALFUND LINE ITEM TRANSFER EMERGENCY MANAGEMENT 9/312001 GENERALFUND LINE ITEM TRANSFER EMERGENCY MANAGEMENT 9/312001 GENERAL FUND LINE ITEM TRANSFER FIRE PROTECTION -PORT LAVACA 9/312001 GENERALFUND LINE ITEM TRANSFER FIRE PROTECTION -PORT LAVACA &312001 GENERAL FUND LINE ITEM TRANSFER FIRE PROTECTION -PORT LAVACA 8/312001 GENERAL FUND LINE ITEM TRANSFER FIRE PROTECTION -PORT LAVACA 8/312001 GENERALFUND LINE ITEM TRANSFER FIRE PROTECTION -PORT LAVACA GL Title • A !1\� Incicassl-, _:. -[3screase q�6 I,000.00�n "_ TOOLS \ �I r / 400.00 MACHINERY/EQUIPMENT 100.00 REPAIRS �\ TELEPHONE SERVICES 300.00 MACHINERY AND 1,550.00 EQUIPMENT MAINTENANCE EMPLOYEES TEMPORARY 2,635.00 WORKERS COMP 697.00 ADJUSTMENTS SOCIAL SECURITY 202.00 WORKMENS 160.00 COMPENSATION FEDERAL/STATE 14.00 UNEMPLOYMENT ROAD & BRIDGE SUPPLIES TRAINING TRAVEL OUT OF 30.00 COUNTY UNIFORMS 94.00 AUTO ALLOWANCES AUTO ALLOWANCES TRAINING TRAVEL OUT OF 260.00 COUNTY TIRES AND TUBES SERVICES 2,000.00 SERVICES 2,000.00 SERVICES CAPITALOUTLAY 2,197,00 697.00 3,041.00 94.00 260.00 2,000.00 2,197.00 u Fund Effective Code Date Fund Title 1000 8/312001 GENERAL FUND 1000 8/312001 GENERAL FUND 1000 9/312001 GENERAL FUND t.ut. 1000 1000 1000 1000 1000 1000 Lda: Total 1000 5210 5210 5210 5210 Total 5210 Report Total Dale 8ry012MI 8/312001 GENERAL FUND 8/31/2001 GENERAL FUND 8/312001, GENERAL FUND 8/312001 GENERALFUND 8/312001 GENERAL FUND 9/312001 GENERAL FUND 8/31/2001 GENERAL FUND 9/31/2001 GENERALFUND 9/312001 GENERALFUND 8/31/2001 GENERAL FUND 9/312001 GENERALFUND GENERAL FUND 9/3112001 CAPITAL PROJECTMOLD REMEDIATION 9/312001 CAPITAL PROJECTMOLD REMEDIATION 8/312001 CAPITAL PROJECTMOLD REMEDIATION 8/312001 CAPITAL PROJECTMOLD REMEDIATION CAPITAL PROJECTMOLD REMEDIATION • CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADIUST.FOR 8131101 Transaction Description LINE ITEM TRANSFER LINE ITEM TRANSFER 011E ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE REM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE REM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE REM TRANSFER Dept Title FIRE PROTECTION -PORT LAVACA FIRE PROTECTION -TRAINING FIELD FIRE PROTECTION -TRAINING FIELD SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT �eRWT )k/E AUG 3 ' • GL Title EQUIPM ENT-COMMUNICA... SUPPUES/OPERATING EXPENSES SERVICES DEPUTY -LAW ENFORCEMENT OVERTIME ADDITIONAL PAY -REGULAR RATE COMP TIME PAY WORKERS COMP ADJUSTMENTS GENERAL OFFICE SUPPLIES LAW ENFORCEMENT SUPPLIES MACHINERY/EQUIPMENT REPAIRS MISCELLANEOUS RADIO MAINTENANCE REPAIRS -INSURANCE RECOVERY MISCELLANEOUS MOLD REMEDIATION TELEPHONE SERVICES Increase Decrease 2,000.00 250.00 250.00 806.00 1,890,00 3.088.00 383.00 806.00 1,743.00 2,000.00 127.00 35.00 2,000.00 1,469.00 38,296.00 36,791.00 17.00 156.00 121.00 18.00 156.00 38.452,00 156.00 36,947.00 . a.,, 4 • ACCOUNTS ALLOWED — COUNTY Claims totaling $423,688.29 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said claims be approved for payment as presented. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. APPROVAL OF MINUTES A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the minutes of March 12° , March 16t°, March 26a', March 3&, April So, April 13a' and April 30, 2001 meetings be approved. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael I Balajka Commissioner, Pet. 2 GENERAL DISCUSSION H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct 4 Marlene Paul, County Clerk By Shirley Foester, Deputy Judge Marshall informed the Court Roger Havlak, Extension Service Agent, submitted his resignation. Commissioner Finster said more subdivisions in Seadrift and Port O'Connor are being developed. Judge Marshall mentioned the removal of the bum ban at the next meeting. THE COURT ADJOURNED AT 12:14 P.M. REGULAR SEPTEMBER TERM HELD SEPTEMBER 10, 2001 • E THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 10th day of September, A.D., 2001 there was • begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: 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: 66'7 Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. DONATION FROM ROSEATE SPOONBILL GALLERY Judge Marshall displayed a framed print of a train at Indianola with the date of 1876 that was donated to the County by the Roseate Spoonbill Gallery, Dean and Barbara Johnstone, owners. • LaSALLE LANDING SUBDIVISION — TAX ABATEMENT Judge Marshall introduced State Representative Gene Seaman and wife, Ellen, who was present regarding his tax abatement request for the LaSalle Land Subdivision in Precinct #3. Judge Marshall stated that the law concerning the 90-day time period, since the city passed their tax abatement, had been changed by the legislature so this application can again be considered. Mr. Seaman discussed the question of taxing the property as agriculture land until the property transfers to the Title Company for sale. He spoke of the economic growth of the County and the 68-acre tract he bought with development in mind. He did not pursue his abatement request until Mr. Henderson left the county. The city is taxing the land as ag land until the houses are sold and are not charging for building permits if the houses meet their criteria. This project is a benefit to the County as the construction workers are spending in the local community. He challenged this community to sell to. contractors, etc, as they are now buying out of county. Mr. Seaman answered Commissioner Finster to say the city passed this abatement under Mayor Browning and it was renewed under Mayor Davila's term. The Court discussed the need for clarification on the ag use value for the Appraisal District and the improvements not being taxed until the houses are sold and improvements on the land are made. Commissioner Floyd mentioned the abatement and the renewed abatement. • No action was taken by the Court. '~ M Port Lavaca, TX. 77979 361-993-8888 August 9, 2001 Arlene Marshall County Judge 211 S. Ann street Port Lavaca, TX. 77979 Dear Judge Marshall, • Per the legal opinion stating that the county can grant a tax concession on a new residential subdivision. I would request of the commissioners a concession similar to the one granted by the city of Port Lavaca. That is, lots in the LaSalle development not be taxed other than farm land until a lot actually is sold and passes through the title company. The LaSalle development is plated for 350 home sites. When fully built -out that will put about $35 million on the tax rolls! With the risk of such a major development, a concession of this type is very important to encourage development. That results in a major win for the taxpayers of Calhoun County. Sincerely, jone`�dZaW PUBLIC HEARING TO AMEND THE YEAR 2001 COUNTY BUDGET Judge Marshall opened the public hearing at 10:20 AM. e a V J CG M.YRl1U\\VI,lWVA] IU IUU.0 WA @\!!✓_I — J",N Jt&b gAls1\yLlA ac.�fl,n anv�lvi� rrvaa\.i — AUDIT R The following Budget Adjustment numbered one through fourteen were read by County Auditor Ben Comiskey. Mark Daigle with the Sheriffs Department discussed Adjustment 914 concerning security at school games. Judge Marshall said the school was giving $103,000 gram money to the County if the County would provide security at the games. She said this would pay for the boot camp for the year 2003 and would keep tax dollars in Calhoun County. Denise McKinney with the Auditor's Office spoke on Adjustment #5, saying there is a need for all of the Justices of the Peace to have the computer software program, to which'Ben Comiskey agreed. A citizen questioned Adjustments #6 and #7 concerning Precinct #1 and the transfer of funds. Commissioner Galvan explained this pertained to insurance recovery on a damage vehicle. Adjustment #4 concerning salary was also discussed. There being no other comments from the public, Judge Marshall closed the public hearing at 10:45 A.M. • 11 A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to adopt the 2001 Budget Adjustments #3 through #13 and omitting #4. Commissioners • Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissoner Finster and seconded by Commissioner Balajka to adopt 2001 Budget Adjustment #14. In discussion, Commissioner Floyd felt we are using County tax dollars to fund school activities. He said the school could be compensated with an imerlocal agreement. Mark Daigle stated by law, the officers could not be paid for their services of security at games. Mr. Comiskey said another public hearing should be held. Commissioner Balajka rescinded his second until they hear from the school and Commissioner Finster rescinded his motion to adopt 2001 Budget Adjustment #14. 0 NEW 0 0 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: GENERAL FUND DATE: 914101 BUDGET FOR THE YEAR: 2001 1wm Wli----�!3'4-,4K'i�'i,'�;l, ACCOUNT NAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 1000-800-98740 TRANSFER TO MEM.MED.CTR FOR DEBT SERVICE 229,730 FOR DEBT SERVICE PAYMENT DUE 101112001 Total for GENERAL FUND 229,730 INET CHANGE IN TOTAL BUDGET �229 -1311 F in V1. -P F 1 0 2001 mc NEW BUDGET AMENDMENT REQUEST C;� • TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: MEMORIAL MEDICAL CENTER DATE: 914101 p I p BUDGET FOR THE YEAR: 2001 a s r GLACCOUNT NO. ACCOUNT NAME MOUNT REASON 6010.999.91035 TRANSFER FROM GENERAL FUND FOR DEBT SERVICE (229,730) FOR DEBT SERVICE PYMT DUFUE tOH/2007 Total Ior FUND (229,730) eb NET CHANGE IN TOTAL BUDGET (229,730) 1 0 2001 [ t • • 671 BUDGET AMENDMENT REQUEST 1 3 To: Calhoun County Commissioners' Court From: b L3 ty-&— ( wO is • Date: (Department making this request) � -31 _,o I request an amendment to the Q tC�I budget for the year following line items in my department: Amendment GL Account # ^^ Account Name ^^ Amount ^^^ -^-^__^^ icbo-y3o_.�j155C : _ Net change in total budget for this department is: $ Other remarks/justification: ^^^^Reason^^^^^^ I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • 672 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: ous-hep cf 4he Peace (Department making this request) Date: I request an amendment to the budget year following line items in my department: GL Account >Y_ ►tom-�kSo �t(oSD icy-'�10-111aSn AV Y '�Lr I 0 2001 for the ___Account -Name -- Amendment Amount Net change in total budget - for this department is: $ n91 -------= OF ekordlirail c(a ricer( r Kre4arrzo justification: �i �Ola•ta*t[Qdt�AI1IX �-odd�,5�� g p� �}.) �c elri ivl,Q i»ent• - et a SysL6,"2tr�ed 1 l��s 4Pen flat y 9 �r[ ,e Tn ad ��tav, �u lC�+ao& t F thrs e- Wt(t aUotJ'b4 Jf° �'O , rn, a r,-,orc a ►urrwr"r - I understand that my budget cannot be amended as re nested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval Date posted to General Ledger account(s): • • 673 Vo/40/V1 1V.V ♦OaccclJ • HCSS Software License Fees Calhoun County Justices of the Peace Two extra workstations File Conversion - $1,000 per day Installation and Training - $800.00 per day Initial Costs u HCSS Software Maintenance Justice of the Peace Annual Maintenance $19,975.00 $790.00 $3,000.00 $2,400.00 $26,165.00 $4,700.00 HCSS Software Maintenance - The maintenance begins 90 days after the completion of the software and the training process. Maintenance billing will begin on the first of the month following the completion of the 90 period. • 674 BUDGET AMENDMENT ns-T11 / �V r. To: Calhoun County Commissioners' Court �� P& From: (Department making this request) Date: I request an amendment to the 00, budget for-t-he year following line items in my department: Amendment GL Account # ^� Account Name _Y Amount Reason ------------- - -_-- j�eoo 5qo-VM RLQLW ll- I Net change in total budget for this department is: $ �- _____________ Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): C I 0 675 V1/14/4VVV "ZV VI:JJ [AA 7-27-201 6,d6AM FROM CALHOUN CO. AUDITOR 361 553 4614 To: . From: Date: sIIDGET A1ENDMENT REOV38 Calhoun County Commissioners' Court R-A Ppa-L (Department making this request) i I request an amendment to the budget for the i year following line items in my department: Amendment GL Account Account Name Amount _ Reason Net change in total budget for this department is: $ c eocav-aaaaati Other remarks,/justification: I understand th my b et cannot be amended as requested until Commisaione a, ourt pr al is obtained. Signature official part110 head: Date of C issioner Court approval: Date posted to Gene 1 Ledger account(a): 676 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: J I FJ ✓ O) l91"Qv/l. -, M : y�� / (Department making t is request) Date: / . •�' j-C I request an amendment to the 0�(-Io/ budget for the._._. year following line items in my department: Amendment GL Account # _^ Account Name __ Amount 'l•�(•�•i.� nI _ Net change in total budget for this department is: Other remarks/justification: Reason IA- C,sl'�t111�UCs-�. 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): 0 677 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court f From: PVC. • (Department making this request) f U Date: � _ �fj _0 2001 I request an amendment to the a3C I budget for the year following line items in my department: -------- Amendment GL Accoun-t #_ Account Name Amount Reason Cr:__ 1 �I(.- rv.. I I�r ��. �Y�(C �.'11LO.`\la'�l _ I �C �•'I{ �Y� I ei .� I✓l/-��i�C � • Net change in total budget for department is: fjLI� �j this $ Other remarks/justification: I understand that my budget cannot be amended as reques ed until Commissioners' Court approval is obtained. / Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • BUDGET AMENDMENT REQUEST 10 • 679 0 for FUND 0 BUDGET AMENDMENT REQUEST TRANSFER 0 2001 I IT, U 914 ME NEV NEIA I �, BUDGET AMENDMENT REQUEST 0 TO: CALHOUN COUNTY COMMISSIONERS! COURT FROM: MAGNOLIA BEACH EROSION PROJECT DATE: 977101 BUDGET FOR THE YEAR: 2001 RL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 5135-999-62454 ENGINEERING SERVICES 7.006 7 == G CASH BALANCE 5135-999-63920 MISCELLANEOUS 33,037 Total for CAP. PROD. FUND 40,037 —UNSWUL, afim NET CHANGE N TOTAL BUDGET 40,037 0 M Sep CiSEP 06 '01 e6:29RM CALHOUN CO EMERG MGT e- 361007elut1 L P. 1i1 P. ///f5� Y ft&C11 Port Lavaca - Point Comfort • Calhoun County Navigation District pay ®7.7a13. rn pill ee74188-M 1M 8800-�/.O. BOW -tWM L7neall1eee 77e74 s+ac pcnO"W.10114"W0810 r w W**WJM seming dr lkau MidCaaet in d w New Couary MMRANDUM TO : Honorable Arlene Marshall, County Judge • L] FROM : Robert H. Van Borssum, Port Director 29*4 ✓�$ DATE : September 5, 2001 SUBJECT : Amendment to Project Cooperation Agreement ( PCA with the Texas General land Office. Judge Marshall, the Texas General Land Office is sending us an amended PCA in the total amount of $86,241.87 to complete the design engineering, obtain necessary permits and preparation for advertising for bids the Indianola - Magnolia Beach Shorellne Stabll/zation Project. The project engineer will continue to be the URS Corporation. The local share for the completion of this work Is $12,936.28 of which Calhoun County and the Calhoun County Navigation District will each pay $6,648.14. It is kindly requested that the Commissioners Court approve this amendment at their next meeting. I will furnish a copy of the PCA amendment to you as soon as it received. Please feel free to contact me if you have any questions regarding this request. cc, D4. Wanda Roberts , Port General Coimsel Navigation DWWdBoard Mambera: Roger Q. Martinez, Board Chairman; J.C. MWotgr, Jr., Bond Sw*tary; H.C. WetvneylK Jr., Loo J. Kainer, Randy L. Boyd. PaW R. Btaaapm • ExecUM Slash Robert H. Van Barium. PPM, POR tbreMor, Wane Roberts. Port Counsel • i, BUDGET AMENDMENT REQUEST 13 TO: CALHOUN COUNTY COMMISSIONERS' COURT I, FROM: COUNTY AUDITOR DATE: 90/01 . BUDGET FOR THE YEAR: 2001. ACCOUNTNAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 1000-190-61240 CONTRACT SERVICES 2,000 PROFESSIONAL SERVICES TO UPGRADE ACCOUNTING SYSTEM Total /or GENERAL FUND 2,000 NET CHANGE IN TOTAL BUDGET 2,000 e S G ATURE O ELECTED OFFICIAL/DEPART E HEA i a 200f I' • • i� U ;. . 09/07/2001 13: 10 9565049644 LAVINE BMC TECH PAGE 02 Lavine BMC Technologies. L L C Lavine BMC Brow Paredes Line Rood Brownsville, TX 78521 Tel 956 541.y858 or 000. WA 2974 l l Technologies, EL.L.C. EFax956.So lavia mail: te!� nebmcmom /.OW Woo sites www avinabmc.com • September 7, 2001 Mr. Ben Comiskey Calhoun County, Texas 201 West Austin Port Lavaca, Texas 77979 Dear Mr. Comiskey Lavine BMC Technologies, LLC is pleased to provide you with the following quote regarding the network analysis and configuration of your system: Eight (8) hours of On -Site Training on Network Analysis and Configuration with a minimum of 2 trainers Q 125.00 $1,000.00 Out-of-pocket expenses (mileage, travel per diem) are billed as actual in addition to the On -Site Consulting. If you are in agreement with the above -proposed charges for software and implementation, please indicate by signing below and faxing this document in its entirety to (956) 504-9644. It is the policy of MIP and Lavine BMC Technologies, LLC that payment must be received prior to ordering your software Upon receipt of your payment, we will process your order with MIP. Thank you for choosing MIP and Lavine BMC Technologies, LLC for your software and consulting needs. If we can be of further assistance, please call us at (800) 364-2974. Sincerely, It David Garza Consultant 0 204 CALHOUN COUNTY, TEXAS Unposted Budget Transactions - REVENUE AMDMTS 9/10/01 BUD157 - AMENDMENTS FOR PUBLIC HEARING 9/10/01 Fund Title Am... Transaction Description GENERAL FUND 06 CREATE ACCOUNT FOR REPAIRS GENERALFUND atal 01 Dept Title REVENUE a r' e S GL Title Increase Deorcase RECOVERIES -INSURANCE 1.086.00 1.086.00 0.00 1.086.00 0.00 cp ' - CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPENDITURE AMDMT 9/10/01 BUDI57- AMENDMENTS FOR PUBLIC HEARING 9/10/01 +a em a Fund ss Cade Fund Title AmcrMment No. Transaction Description Dept T1tic 1 k �`r GL Title Iddrea9dO� Deere 4 1000 GENERALFUND 01 DEBT SERVICE PAYMENT TRANSFERS TRANS.TOMEM.MED.CTR--iftSO.ii� DUE 10/1/01 FOR DEBT SERVICE 1000 GENERALFUND 03 REQUIRED BY TEMPORARY DISTRICT COURT FEDERAOTATE 50.00 BAILIFFS PAYROLL UNEMP YMEN7_- 1000 GENERALFUND 04 INCREASE HOURLY PAY JUSTICE OF TEMPORARY 1,050.00 RATE PEACE -PRECINCT #1 1000 GENERALFUND 04 INCREASE HOURLY PAY JUSTICE OF SOCIAL SECURITY 81.00 i RATE PEACE-PRECINCT#I 1000 GENERALFUND 04 INCREASE HOURLY PAY JUSTICE OF RETIREMENT 9700 RATE PEACE-PRECINCT#I 1000 GENERALFUND 04 INCREASE HOURLY PAY JUSTICE OF WORKMENS 3.00 RATE PEACE-PRECINCT#1 COMPENSATION 1000 GENERALFUND 04 INCREASE HOURLY PAY JUSTICE OF FEDERALISTATE 6.00 RATE PEACE-PRECINCT#1 UNEMPLOYMENT 1000 GENERALFUND 05 PURCHASE JUSTICE OF JUSTICE OF EQUIPMENT -COMPUTER 6,015.00 PEACESOFTWARE PEACE-PRECINCT#1 1000 GENERALFUND 05 PURCHASE JUSTICE OF JUSTICE OF PEACE EQUIPMENT -COMPUTER 6,410.00 PEACESOFTWARE PRECINCT#2 1000 GENERALFUND 05 PURCHASE JUSTICE OF JUSTICE OF EQUIPMENT -COMPUTER 6,410.00 PEACE SOFTWARE PEACE-PRECINCT#3 1000 GENERALFUND 05 PURCHASE JUSTICE OF JUSTICE OF EQUIPMENT -COMPUTER 6,015.00 PEACE SOFTWARE PEACE-PRECINCT#4 1000 GENERALFUND 05 PURCHASE JUSTICE OF JUSTICE OF EQUIPMENT -COMPUTER 6,015.00 PEACE SOFTWARE PEACE-PRECINCT#5 1000 GENERALFUND 06 CREATE ACCOUNT FOR ROADAND REPAIRS -INSURANCE 1.086.D0 REPAIRS BRIDGE-PRECINCT#1 RECOVERY 1000 GENERALFUND 07 CREATE TRAVEL ACCOUNT ROAD AND ROAD& BRIDGE SUPPLIES 300.00 BRIDGE -PRECINCT #1 1000 GENERALFUND 07 CREATE TRAVEL ACCOUNT ROAD AND TRAVEL IN COUNTY 300.00 BRIDGE -PRECINCT #1 1000 GENERALFUND 08 TO PROPERLY RECORD OTHER FINANCING GAIN/LOSS ON SALE OF 2,200.00 TRADE-INS ASSETSI000 GENERALFUND 08 TO PROPERLY RECORD ROAD AND MACHINERY AND 2,200.00 TRADE-INS BRIDGE-PRECINCT#2 EQUIPMENT 1000 GENERALFUND 13 PROFESSIONAL SERVICES COUNTY AUDITOR CONTRACT SERVICES 2,000.00 TO UPGRADE ACCOUNTING SYSTEM 1000 GENERALFUND 14 SECURITY AT U.I.L. HOME SHERIFF SECURITY SERVICES-U.LL 10,078.00 GAMES (TO PAY DEPUTY SPORTS OVERTIME) Dolt naami _ CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPENDITURE AMDMT 9/10/01 BUDI57 - AMENDMENTS FOR PUBLIC HEARING 9110/01 Fund Code Fund Title- Amendment No. Transaction Description Dept Title GL Title Total GENERAL FUND 1000 2736 POC COMMUNITY CENTER 09 2736 POC COMMUNITY CENTER 09 Total POC COMMUNITY CENTER 2736 4140 TAX ANTICIPATION NOTES t0 FORMOSA Total TAX ANTICIPATION NOTES 4140 FORMOSA 4150 TAX ANTICIPATION NOTES 11 I&S Total TAX ANTICIPATION NOTES 4150 I&S 5135 MAGNOLIA BEACH 12 EROSION PROJECT 5135 MAGNOLIA BEACH 12 EROSION PROJECT Total MAGNOLIA BEACH M35 EROSION PROJECT 6010 MEMORIALMEDICAL 02 CENTER OPERATING Total MEMORIALMEDICAL 6010 CENTER OPERATING BUDGET CASH BALANCE NO DEPARTMENT BUDGET CASH BALANCE NO DEPARTMENT CORRECT ERROR MADE IN NO DEPARTMENT 2000 TRANSFER CORRECT ERROR MADE IN NO DEPARTMENT 2000 TRANSFER BUDGET CASH BALANCE NO DEPARTMENT BUDGET CASH BALANCE NO DEPARTMENT D�TSERVICE PAYMENT NO DEPARTMENT D�7BEEt0/1/01 fa �4 d 2 CLEANING-P.O.C. COMMUNITY CENTER UITIJT 1ES-P0C COMMUNITY CENTER Increase Decease 277,546.00 2,500.00 2,120.00 TRANS.TO DEBT SERV.-TAX 35,000.00 ANTIC.NOTES 35,000.00 TRANS.FROM DEBT SERV: TANS-FORMOSA 0.00 ENGINEERING SERVICES 7,000.00 MISCELLANEOUS 33.037.00 I 0.00 0.00 35,000.00 35,000.00 40,037.00 0.00 TRANS.FROM GENERAL 229,730.00 FUND FOR DEBT SERVICE OAO 229,730.00 Total BUDI57 - 356,826.00 267,230.00 AMENDMENTSFOR PUBLIC HEARING 9/10/01 o,m onrzmi 0 Pape • Fund Code Fund Title Report Total M m CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPENDITURE AMDMT 9/10/01 BUD157 - AMENDMENTS FOR PUBLIC HEARING 9/10/01 Anncndnrcnl No. Transaction Description Dept Title GL Title Increase Decrease 356.826.00 267,230.00 1 0 2001 Pogo 3 Dme O!]h.0U1 • � • B GNDMENT REQUEST To: Calhoun County Commissioners' Court From: J wsj�i/�_P_ (Department making this request) Date: $_ Ito —0� I request an amendment to the am budget for the year following line items in my department: GL_Account_#- (50-51540 o Amendment • -re,mPOWV==tea Roo •• Net change in total budget for this department is: $ Other remarks/justification: Reason UY_,xe.aSe 10 a cis Zrf ech ✓e _4p ryrixr I,>vb �)!" , Gueoce 40 m�iIKO.L.d ca a I unders and that my budget cannot be amended as requested until Commissioners' Court approval is obtained. o�•��.-_ Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • I* T6: Calhoun County Commissioners' Court From: CALHOUN COUTNY SHERIFF'S DEPARTMENT I (Department making this request) Date: SEPTEMBER 7. 2001 • I request an amendment to the 2001 budget for the year following line items in my department: Amendment Account Account Neme ---Amount 19 760-65730 SECURITY SERVICE U.I.L. 10,077.45— Net change in total budget for this department is: Other remarks/justification: -------Reason SECURITY AT ALL U.I.L HOME GAMES TO PAY DEPUTIES I understand that my budget cannot be amended as requested unti) \ Commissioners, Court approvbl is obtained. signature of official/department head c� Date of Commissioners' Court approval: Date posted to General Ledger account(s): 0 go PUBLIC HEARING TO AMEND YEAR 2002 COUNTY BUDGET Judge Marshall opened the public hearing at 10:58 A.M. County Auditor stated the Calhoun County 2002 County budget had been prepared and is in the County Clerk's Office for public view. • Mark Daigle with the Sheriff's Department said the Sheriff would like to inform the Court the jail is required by law to have an updated law library. The problem is access since the law library was put on CD-ROM. Books or computer need to be accessible and available to inmates to use in away they can understand. Any book over 10 years old is outdated. A set of books will cost about $10,000. District Attorney Dan Heard stated the previous system was for the D.A., the public and the inmates but the situation did not work out. Tim Smith with the Sheriff's Office said the books are needed in the jail to keep the inmates there. Commissioner Floyd questioned the books having pocket parts to keep them updated. There being no finther public comments, the public hearing was closed at 11:10 A.M A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to adopt the proposed Calhoun County 2002 Budget as presented with the addition of $10,000 into the Jail Budget for purchase of books for the law library. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ADOPT MAINTENANCE AND OPERATIONS TAX RATE AND DEBT TAX RATIE A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to • adopt the Maintenance Operations Tax Rate of .3549 and the Debt Service Rate of .0201 for a total tax rate of .3750. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. COUNTY -WIDE BURN BAN — RESCINDED A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to rescind the countywide bum ban. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. G & W Engineering submitted the preliminary plat of Coastal Oaks Subdivision of 13.92 acres in Port O'Connor on Harris and Monroe Streets. The engineer explained the map, discussing utilities and drainage being in the county requirements. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the preliminary plat of Coastal Oaks Subdivision in Port O'Connor. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. District Attorney Dan Heard discussed the grant application to help fund the temporary help for the District Attorney's Juvenile Department. A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to adopt the Resolution for submission of the grant application for the Calhoun county District Attorney's Juvenile Department to the Governor, Criminal Justice Division, Juvenile Accountability Incentive Block Grant Program in the amount of $6,548. Commissioners Galvan, Balajka, Floyd and Judge Marshall all voted in favor. Commissioner Finster was absent from the room and did not vote. E 691 CALHOUN COUNTY RESOLUTION WHEREAS, The Commissioners' Court of Calhoun County finds it is in the best interest of the citizens of Calhoun County to assist the Calhoun County District Attorney's Juvenile Department; and WHEREAS, The Commissioners' Court of Calhoun County has considered the proposed application for State and Federal Assistance for the District Attorney's Juvenile Department, in the amount of $5,926.00 to be submitted to the Office of the Governor, Criminal Justice • Division, Juvenile Accountability Incentive Block Grant Program; and WHEREAS, The Commissioners' Court of Calhoun County has agreed to provide a ten (10%) percent match for the said project in the amount of $658.00, as required by the grant application; and WHEREAS, The Commissioners' Court of Calhoun County has agreed that in the event of loss or mis-use of the Criminal Justice Division funds, Calhoun County Commissioners' Court assures that the funds will be returned to the Criminal Justice Division in full. NOW, THEREFORE, BE IT RESOLVED, that Commissioners' Court of Calhoun County approved submission of the grant application for the Calhoun County District Attorney's Juvenile Department to the Office of the Governor, Criminal Justice Division, Juvenile Accountability Incentive Block Grant Program in the amount of $6584.00 PASSED AND APPROVED by Calhoun County Commissioners' Court on this the day of a y G.: c 2001. APPROVED: ARLENE N. M LL, County Judge ROGER CMKLVAN, Co issioner, Pet. 1 H. FLOYD, Commissioner, ct. 3 ICU Z4�_rl G✓,c BALAJKA, Comm sioner, Pet. 2 KENNETH W. FINSTER, Commissioner, Pct. 4 ATTEST: ARLENE PAUL, County Clerk Y' by: Shirley Foester, Deputy y DESIGNATE SITES TO CONDUCT DISTRICT COURT AND COUNTY COURT AT LAW District Attorney Dan Heard spoke on the need for additional sites for holding court. A • location in the City of Port Lavaca for county and District Courts must be legally designated. Schools are not usable because of criminals. The Bauer Community Center must be designated. A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to designate the Bauer Community Center as an additional site for conducting District Court and County Court at Law Court. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 692 THE COURT RECESSED AT 11:35 A.M. FOR FIVE MINUTES Commissioner Galvan stated the Court has gone over the Redistricting 2001 plans several times and have had a public hearing. The Court agreed Plan XXX is the best possible • plan that is voter easy and eliminates 7 voting precincts which brought it to 12 voting precincts in the city limits. Leroy Belk said Plan L&B has 10 voting precincts in the city and eliminates gerrymandering; Plan XXX packs minorities into one precinct where as Plan Lc&B has tow minority precincts. Commissioner Finster asked if Roy Smith Road and Roemerville Road could be put in Precinct #1 for maintenanoe purposes. After discussion, it was determined that this would not work Further discussion on this agenda item was postponed until this afternoon. ACCOUNTS ALLOWED Claims totaling $31,965.63 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan . that the following Budget Adjustments be approved. Commissioners Galvan Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: LIBRARY DATE: 9/7101 BUDGET FOR THE YEAR: 2001 r" AMENDMENT GL ACCOUNT NO. ACCOUNAME AM UNT ON 1000.140-66618 UTILITIES -POINT COMFORT NREASON LIBRARY 400 LINE ITEM TRANSFER 1000-140-66610 UTILITIES -MAIN LIBRARY (400) I= TOW for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 �APPROVEF'� i 1 0 2001 i • 693 • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: BUILDING MAINTENANCE (170)/MUSEUM (150) DATE: 9/7/0t BUDGET FOR THEY EAR: 2001 110 AMENDMENT L ACCOUNT NO. ACCOUNT NAME AMOUNT REASON 000-170-70750 CAPITAL OUTLAY 2,380 NEW AIC UNIT FOR MUSEUM 00-170-73500 COURTHOUSE 2ND FLOOR RENOVATIONS (1,380) 1000-15p-85472 REPAIRS -MUSEUM (1,000) Total for GENERAL FUND 0 p NET CHANGE IN TOTAL BUDGET �A PPR0VEEO` 1 ?. Stir 1 U 2001 i 11 BUDGET AMENDMENT REQUEST � M� � Y ' � • • • Tt4. �jj .T. HISM 1000-410-53020 y� F � • 11 6 t ✓ j i C v.� 000) ))BOOKS -LAW Total for GENERAL RIND ®VE SEP I 0 2001 • E 695 IBUDGET AMENDMENT REQUEST III To: Calhoun County Commissioners' Court From: Criminal District Attorney's Office • (Department making this request) Date: September 6, 2001 I request an amendment to the 2001 budget for the following line items in my department: GL Account Amendment # Account Name Amount Reason 510-66476 Travel In County + $370.00 to pay for increased mileage for remainder 510-66310 Training Registration - $370.00 of year due to court Fees moving to Fairgrounds Net change in total budget for this department is: Other remarks/justification: $ 0.00 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): r �J I M BUDGET AMENDMENT REQUEST <� Fyn k('� � `'`k �,pe. • • � • • • • v.�. � "C � vi, f '�1"==1,:` X F a • �{t 3�5rm. �1 £max- �i +Ytt. fYa+ DATE:i 4v 4 0ii i RAFR: MAINTENANCE LINE ITEM TRANSFEK 000i .i r 5 la P F 4pay i 0 2001 i r 1 697 • u n LJ BUDGET AMENDMENT REQUEST GL ACCOUNT NO. TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: R/B PRECINCT 1 DATE: 9/7/01 BUDGET FOR THE YEAR: 2061 AMENDMENT ACCOUNT NAME AMOUNT +;.x REASON 1000-540-73445 RENOVATION -BUILDING 47 LINE ITEM TRANSFERS 1000-540.72400 EQUIPMENT -PARKS 480 1000-540-53210 MACHINERY PARTS/SUPPLIES B2 1000-540.53510 ROAD/BRIDGE SUPPLIES (982) 1000-540.53992 SUPPLIES -MISCELLANEOUS 364 100D-54"W70 BLDG REPAIRS -PARKS 9 Total for GENERAL FUND p NET CHANGE IN TOTAL BUDGET p h {9,? �1-r I 0 20(11 i BIIDGET A1(SDiDNBN1' RIIQUSST To: Calhoun County Commissioners' Court Fromm 1 r Pn c l n l r n �n7 (Department meMing this request) Data: c}_ y_01 I request an amendment to the aflL I budget for the year following line items in my departments Amendment GL Account # Account Name Amount __ _ Reason �cso 33 a - tea( A��ac+G,cc - -- -- SUO. r PO. / S/S .3 -- .., /lrti�ci SOODD Net change in total budget for this depart 4At iss $ G� c--tss3-ss- . Other remarks/justification: I understand that my budget cannot be amended as requested until Commissionarsv Court approval is obtained. Signature of official/department heads 1 Date of Commissionars' Court approvals Date posted to General Ledger account(s)z BUDGET AMENDMENT REQUEST V TO: CALHOUN COUNTY COMMISSIONERS -COURT FROM: CAPITAL PROJECTWOLD REMEDUITION DATE: 917/01 BUDGET FOR THE YEAR: 2001 - - ACCOUNTNAME AMENDMENT MA OUNT ...„.. -'.., ,z GL ACCOUNT NO. REASON 5210-999-63920 MISCELLANEOUS 368 LINE ITEM TRANSFER 5210-999-63990 MOLD REMEDIATION (368) Total for FUND 0 NET CHANGE IN TOTAL BUDGET 0 ve ,'.;_p I 0 2001 _ 700 • Fund Code 1000 IOOD 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Total 1000 5210 5210 D c 9nnaal Effective Date _ Fund Title 9/10/2001 GENERALFUND 9/102001 GENERALFUND 9/10/2001 GENERALFUND 9/102001 GENERALFUND 9/10/2001 GENERALFUND 9/10/2001 GENERALFUND 9/102001 GENERALFUND 9/10/2001 GENERALFUND 9/10/2001 GENERALFUND 9/102001 GENERAL FUND 9/10/2001 GENERALFUND 9/102001 GENERALFUND 9/102001 GENERAL FUND 9/102001 GENERALFUND 9/102001 GENERALFUND .911012001 GENERALFUND 9/102001 GENERALFUND 9/102001 GENERALFUND 9/102001 GENERALFUND GENERAL FUND 9/102001 CAPITAL PROJECTMOLD REMEDIATION 9/102001 CAPITAL PROJECTMOLD REMEDIATION • CALHOUN COUNTY, TEXAS aa��nn�,,"" }• ^ <, Unposted Budget Transactions- EXPEND.ADJUST.F iiY'vitol0l' -"" 9 A � `d g �rej--� CS t Transaction Description LINE ITEM TRANSFER LINE ITEM TRANSFER NEW A/C UNIT FOR MUSEUM NEW A/C UNIT FOR MUSEUM NEW A/C UNIT FOR MUSEUM LINE ITEM TRANSFER LINE ITEM TRANSFER INCREASED MILEAGE DUE TO COURT MOVING TO FAIRGROUNDS INCREASED MILEAGE DUE TO COURT MOVING TO FAIRGROUNDS LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER Dept Title GLTitle{ Sty crease Decrease LIBRARY LIBRARY MUSEUM BUILDING MAINTENANCE BUILDING MAINTENANCE COUNTY COURT -AT -LAW COUNTY COURT -AT -LAW DISTRICT ATTORNEY DISTRICT ATTORNEY ROAD AND BRIDGE -PRECINCT #I ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT # I ROAD AND BRIDGE -PRECINCT #I CONSTABLE-PRECINCT#4 CONSTABLE -PRECINCT #4 EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT NO DEPARTMENT NO DEPARTMENT 1 r UTILR-MAfN1lBRARY 400.00 LIBRARY CAPITAL OUTLAY RENOVATION-COURTHOU... 2ND FLOOR GENERAL OFFICE SUPPLIES BOOKS -LAW TRAINING REGISTRATION FEES/TRAVEL TRAVEL IN COUNTY MACHINERY PARTS/SUPPLIES ROAD & BRIDGE SUPPLIES SUPPLIES -MISCELLANEOUS BLDG REPAIRS -PARKS EQUIPMENT -PARKS RENOVATION -BUILDING AUTO ALLOWANCES RADIO MAINTENANCE AUTO ALLOWANCES TRAINING REGISTRATION FEES/TRAVEL MISCELLANEOUS MOLD REMEDIATION J1,000.00 ,380.00 1,380.00 166.00 166.00 370.00 370.00 82.00 982.00 364.00 9.00 480.00 - 47.00 174.00 174.00 500.00 500.00 4,972.00 4,972.00 368.00 368.00 PeBc:I Fund Effective Code Date Fund Title Total CAPITAL PROJECTMOLD 5210 REMEDIATION Report Total CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADJUST.FOR 9/10/01 Transaction Description Dept Title GL Title Increase Decrease 368.00 363.00 5,340.00 5,340.00 E' EO20011 In discussion, Commissioner Finster stated Precinct #4 should not be included in this Order and in the year 2002 all the precincts will have the same employee positions. Vote on the Motion: Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • 2001 SALARY ORDER AMENDMENT AUGUST 31, 2001 --------------------------- DOXIMUM GENERAL FUND Sma-MONTHLY AN=%L SALARY Road and Bridge Precinct One Effective 01, the entire section for this department appearing on "Page 3 of 5" is replaced by the following: 1 Employee $1,286.54 $30,877.00 1 Employee 11198.16 28,7S6.00 1 Employee 1,166.41 27,994.00 2 Employees, each 1,111.54 26,677.00 1 Secretary (no change) 985.62 23,655.00 Road and Bridge Precinct Two Effective 10/1/01, the entire section for this department appearing on "Page 3 of 5" is replaced by the followings 1 Employee $1,286.54 $30,677.00 1 Employee 1,198.16 28,756.00 1 Employee 1,166.41 17,994.00 3 Employees, each 1,117.20 26,813.00 1 Secretary (no change) 985.62 23,655.00 _Road and Bridge Precinct Four Effective 01, the entire section for this department appearing on 'Page 4 of 5" is replaced by the followings 1 Employee (no change) $1,286.54 $30,877.00 1 Employee (no change) 1,198.16 28,756.00 1 Employee 1,166.41 27,994.00 3 Employees, each (no change) 1,117.20 26,813.00 5 Employees, each 1,084.29 26,023.00 1 Secretary (no change) 985.62 23,SSS.00 THE COURT RECESSED AT 12:05 P.M. UNTIL 1:30 P.M. THIS AFTERNOON. REDISTRICTING 2001 A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to adopt as Calhoun County's final redistricting plan the plan know as Plan XXX for the new commissioners' lines (Exhibit A) and submit it to the Justice Department for final approval. In discussion, Leroy Belk questioned the complete minority figures as shown on the plan; this has only one minority precinct which is "packed" — Plan L&B is the only one which takes minorities into consideration and he is contesting Plan XXX for that reason. Commissioner Balajka called Rolando Rios to get the number of minorities is the county by precinct and race. Mr. Rios gave the figures of 675 Asians and 2,723 Other (other is blacks and Hispanics). He said Asians are a protected minority but there has to be enough of them to create a district. Hispanics are also a protected minority and there are enough to make up a district. He gave the countywide figures as: 16,112 White, 122 Black, 102 Indian, 675 Asian, 14 Hawaiian, 2,723 Other, 8,448 Hispanic and 10,747 Non -Hispanic White for a total of 20,647. Commissioner Floyd cited the deviation figures as: .74 for Precinct #1, 10.81 for Precinct #2, (-) 8.49 for Precinct #3 and (-) 3,08 for Precinct #4 for a total of 19.3%. Precinct #2 was the only one that grew within the last 10 years. • 103 I ADOPTION OF COUNTY COMMISSIONER PRECINCTS •A RESOLUTION OF THE COUNTY OF CALHOUN ADOPTING NEW r COUNTY COMNIISSIONER PRECINCT LINES On this the /O Hof d , a motion was made by Commissioner ' and seconded by Commissioner to adopt new tl commissioner precinct lines. The attached map labeled Exhibit A and the attached description reflects the new commissioner precinct lines that will now be used for electing the respective County Commissioners. Implementation of the new commissioner precinct lines shall be delayed pending preclearance by the United States Department of Justice as required by Section 5 of the Federal Voting Rights Act, 42 U.S.0 § 1973c. Dated this /oZ day of 2001. For: Against: t Commissioner P06cinct 3 0 -P.fi ar County Judge Commissioner Precinct 1 Commissioner Precinct 2 Commissioner Precinct 3 Commissioner Precinct 4 704 i oIrtrld ■■■ 1 72 J ems_ 1 Calhoun County -- Final Plan 166 7A6% 2666 268 Q6,tex an .12% ot76 167 7.% 3360 $36J.1T% 6g 6A% tt% 5.162 -N2 .6.0% 32U 66.13% 32 6.66% Exhibit A COMPUTER MONTTER IN JP PCT #2 — SALVAGE u.wa 66.34% 2wa 45.18% 13" 29.13% 12" 19 n A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to declare a 13: Computer Monitor at JP Precinct #2 as salvage (It is not on the inventory list). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 705 INTERGOVERNMENTAL AGREEMENT FOR HOUSING OF PRISONERS WrM FRIO COUNTY A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to authorize the County Judge to enter into a contract with Frio County to house prisoners. In discussion, Mark Daigle with the Sheriff's Department quoted the number of inmates in the jail and transportation of prisoners. He invited the members of the jail feasibility committee to hear the report of the Jail Commission on Wednesday. • Vote on Motion: Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor THE STATE OF TEXAS COUNTY OF FRIO INTERGOVERNMENTAL AGREEMENT BETWEEN FRIO COUNTY AND CAL) IOl IN COUNTY REOARDING HOUSING OF CALHOUN COUNTY F IUSONERS IN Tl li'. FRIO COUNTY JAIL On the hereafter referred to date the COUNTY OF FRIO, TEXAS hereafter referred to as "FRIO" and the COUNTY OF CALHOUN, TEXAS, hereafter rcibrred to as "CALHOIIN". entered into thr, following agreement concerning the incarceraticu of overflow prisoners of CALHOUN County, Texas, and said agreement is set out in full her,:tfter. 1. FRIO hereby agrees to house overflow prisoners incarcerated by CALHOUN it space is available. The availability of the space shall be determined bl the FRIO,'County Sherifl' in accordance with current jail regulations as set out by the Texas Commission on Jail Standares • concerning the separation and categories of prisoners. FRIO shall access a fcc for housing said prisoners at the rate of S40.56 per day per trisoner, and FRIO shall bill CALHOUN on a monthly basis for said cost in an itemized ss;aernent showing the number of days per individual prisoner housed by FRIO. The day tht inmate is booked in will br charged. The day the inmate is booked out will not be charged. 2. CALHOUN shall pay for any and all hospital, health care services and prescription drugs provided to any prisoners housed by FRIO for CALHOUN. Nonprescription medication will be administered without charge by FRIO. 3. CALHOUN hereby agrees to comply with all booking Ftocedures of FRIO, FRIO hereby agrees to furnish CALHOUN a copy of those. 4. FRIO aid CALHOUN hereby agrees that FRIO will not ,ouse any injured prisoners unless CALHOUN has furnished an acceptable medical release signed by medical personw], certifying that the prisoner may be incarcerated. 5. MO fitcther agrees that should a be injured while being housed by FRIO. prisoner that FRIO .vilt within ten (10) hours notify CALHOUN i,f said injury and provide CALHOUN with copies of all incident reports relating to the njury. 6. The FR[O County Sheriff' reserves the right to refuse or remove any inmate from the FRIO County Jail if it is in the best. interest of FRIO. CALHOUN shall promptly to • arrange take custody of its prisoners if so requested by the IeRIO County Sheriff. 7. CALHOUN agrees to assume responsibility for all trai5portation of CALHOl1N prisoners housed in FRIO. 706 8. CALHOUN shall be fully responsible and liable for all suit•;, claims, damages. losses, or expenses, inhaling reasonable attorney's services and dut:ts herein stated, but only in regard to transfer of Prisoners by CALHOUN and duties he assigned to CALHOUN, AND SPECIFICALLY EXCLUDING THE ACTUAI; INCARCERATION Ol PRISONERS BY FRIO. CALHOUN retains full Iiabilitt. for each inmate until that inmate Ms been processed and booked into the FRIO County Jail. 9. MO shall be hilly responsible and liable for all suits, t laims, losses. and expenses, mcludiM reasonable attot�.ys fees, arising out of FRIO perlbrn=ce or nonpe rformancc Of the services and dins herein s�� but only 'regazc to the actual holding and incarcerationito of nfrom ens by FRIO County jail and specifically excluding the transfer of Frisorterr to and from FRIG unless transported by FRIO. 10. This agmcnx= shall be for one (1) year from the date of acceptance by FRIO and shall be ub't0neoott10 iationls thereafter whenever is deetned necessary. If either party deems 8 County,Judge that party shall notify the otlr:r party by certified mail, termin ti'i to this Judge of that party at least sixty (6)) days in advance of the termittat"ran of this Agreement. 11. A' agreements between the parties are set out in this Agmellcnt and no oral agreement hall not contained herein sbe egforceablc against either party. ACCEPTED, APPROVED AND WITNESSED our hands on this the day of COUNTY OF FRIO BY: Carlos Garcia Frio County Judge Lionel— Trevino, Frio County Sheriff Gloria Cubriel Frio County Clerk COUNTY OF C.ILHOUN BY: Calhoun Cotaity Judge Calhoun Count) Sheriff —.4-- Calhoun County Clerk — JUSTICE OF THE PEACE PCT #5 — MONTHLY REPORT Justice OF THE Peace Pct #5 presented her report for the month of August, 2001 and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that said report be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GENERAL DISCUSSION Leroy Belk informed the Court that the total figures on the final plan they just adopted for Redistricting 2001 is 19,746 on Exhibit A instead of 20,647 as quoted — there is a difference. Commissioner Galvan said JP Precinct #1 contacted him concerning the salary of the secretary Hope Kurtz which is $5.75 per hour. She requested $9.00 per hour but Judge Marshall told him to inform the JP there is a standard fee of $8.00 and he cannot give her more hours. THE COURT RECESSED AT 2:50 P.M. UNTIL FRIDAY MORNING. • • 0 - i07 SPECIAL SEPTEMBER TERM HELD SEPTEMBER 14, 2001 THE STATE OF TEXAS • COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 14th day of September, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: (ABSENT) Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pct. 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Judge Pro-Tem Finster presided in the absence of Judge Marshall who was attending a session on deregulation. Commissioner Galvan gave the Invocation with a moment of silence in honor of the victims of the terrorist attacks in New York, Washington and Pennsylvania. Judge Pro-Tem Finster led the Pledge of Allegiance. County Auditor Ben Comiskey asked to address the Court to speak his own thoughts on the cowardly and dastardly attacks upon this nation on Tuesday, September 11, 2001 • which threaten our way of life. He stated he was interested in seeing those in the world who are responsible for these attacks, those who condone these attacks and particularly, those who cheer these attacks, be brought to justice and appropriately punished for their lack of regard for the human race. He said that he, as an individual, has very sharp feelings about this matter but can do very little alone; however, we, as a nation, can join together and support our government. Our nation can stamp out this viscous vermin that threatens the world. As a start, he would like to see Calhoun County be a leader in this war and would like to recommend to the Court that a Resolution be passed and sent to President Bush and Congress condemning the events of September 11, 2001 and asking that the government take whatever action, no matter how drastic, to rid the world of terrorists attacks and also give them the assurance that the people of Calhoun county, Texas are 100% behind our government and promise to do all that is asked of us. As the cost to accomplish this task will be great, he proposed that along with the Resolution, that the ommissioners' Court appropriate $100,000 from our General Fund balance and send a check payable to the United States Treasury to be used for the elimination of world terrorists. He believed this action will show the people of Calhoun County are serious in their resolve. He thanked the Court. BIDS AND PROPOSALS — FUEL BIDS The following bids were opened and read by the County Auditor for fuel for the period beginning September 16, 2001 and ending October 15, 2001 and after reviewing said bids a Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to . award the bid for delivered fuel to Mauritz and Coney and the bid for the automated card system fuel to Mauritz and Couey. Commissioners Galvan, Balajka, Floyd and Judge Pro-Tem Finster all voted in favor. I 9-07-201 8:15AM FROM CALHOUN CO. AUDITOR 361 553 4614 P.2 FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. PRICE/GALLON X APPROXIMATE = TOTAL GALLONSIMO UNLEADED GASOLINE $ /61 PREMIUM UNLEADED GASOLINE $-i I L4 DIESEL FUEL (LOW SULFUR) $- X 3800 X 4000 = $Q D X 2500 TOTAL BID PRICE $1� y�D THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING SEPTEMBER 16, 2001 AND ENDING OCTOBER 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT, INCLUDE TAXES, NAME OF BlDDERj.-,tFJ 21t PHONI PRINT AUTH1 TITLE: DATE: • '709 9-07-201 8:43AM FROM CALHOUN CO. AUDITOR 361 553 4614 FUEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE rOR COMPETITIVE BIDS FOR FUEL, WE THE • UNDERSIGNED, AGREE TO FLWUSH FUEL, ACCORDING TO THE ATTACHED FUEL SPECIFICATIONS, USING AN AUTOMATED CARD SYSTEM. TO THE COUNTY'S SHERIFF'S DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL, EMERENCEY MEDICAL SERVICE AND OTHER VEHICLES AS DESIGNATED FROM TIME TO TIME BY THE COMMISSIONERS COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE FOLLOWING TWENTY-FOUR HOUR AVAILABILITY LOCATION: UNLEADED GASOLINE MID GRADE PRICE PER GALLON S ,(O/ s /. OS-r PREMUIM UNLEADED GASOLINE S / I / DIESEL FUEL $ .7 / LOCATION: //2 C✓ . 4u i Tin/ Sr. — f'k-F �q ✓aca (MUST BE WITHIN THE CITY OF PORT LAVACA OR WITHIN A (5) FIVE MILE RADIUS OF THE CITY OF PORT LAVACA.) THE CONTRACT WILL BE FOR THE PERIOD BEGINNING SEPTEMBER 16, 2001 AND ENDING OCTOBER 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT INVOICES ON PU7tCHASES TO THE PURCHASING DEPARTMENT. PRICE QUOTED DO NOT INCLUDE TAXES. NAME OF ADDRESS: Pd- &V /r/O U ' CITY,STATE,ZIP: �i2/ 44Lmco %X 77974 PHONE NUMBER: Z6 /- S--S 7-- -70 0 `-/ PRINT NAME: / 66q Z C AUTHORIZED SIGNA TITLE: G%O k . (��0�2 _ M&,,2 DATE: • R. 5 10 9-07-201 8=42AM FROM CALHOUN CO. AUDITOR 261 553 4614 P. 2 P UEL BID PROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED • PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. PRICEIGALLON X APPROXIMATE = TOTAL GALLONS/MO UNLEADED GASOLINE $ 4 0/ X 3500 = S J 838.00 PREMIUM UNLEADED GASOLINE $ /. !/. _ X 4000 = $#31V-0.6 0 DIESEL FUEL (LOW SULFUR) $ 91 X 2500 00 TOTAL BID PRICE $ �� Ss-' 00 THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING SEPTEMBER 16, 2001 AND ENDING OCTOBER 15, 2001. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATZ INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDEER: // IR'UR/ % Z F C O, .0 L ADDRESS: PO. Lei. '66'C /7o d CITY, STATE, ZIP: PoR l /A U 4 L.4 7T 77 c/ 7 �7 • PHONE NUMBER: !- sS2 — 760 PRINT NAME: OM LEA AUTHORIZED SIGNATURE: TITLE: 'Q k _ OAD2. /J762. Judge Pro-Tem Finster opened the public hearing at 10:05 A.M. on the application to abandon the following portions of roads and parks at Alamo Beach Townsite (being a 0.24 acre tract of Dowling Park, a 0.25 acre tract of Alamo Beach Boulevard, 0.321 and 0.12 acre tracts of Alamo Boulevard, 0.541 acres of San Antonio Park and 0.12 and0.13 acre tracts of Alamo Boulevard and Houston Park. Shannon Salyer, attorney for applicants, said much of the parks and streets have been eroded. The main concern was that the roads remain open for drainage; Easley, E. Fannin and E. Austin Streets are all open all the way to the bay. He had heard no opposition to this application. Everyone is anxious to get this on the tax rolls and drainage would not be impaired. There being no public comment or opposition, the public hearing was closed by Judge Pro -Tern Finster at 10:14 A.M. No action on the application to abandon portions of roads and parks in Alamo Beach was taken by the Court for lack of a full court as required by statute. • 7ii APPLICATION TO CLOSE AND ABANDON ROADS AND PARKS AT ALAMO BEACH, CALOUN COUNTY, TEXAS • TO THE HONORABLE CONMSSIONER'S COURT OF CALHOUN COUNTY: Terry Hargus, Margaret Carter Aguillard, Geneva Ross, Tom Felton and Justin Thompson are the owners of the real properties located adjacent the roads and parks sought to be closed and abandoned, which roadway and parks are described as being part of the Alamo Beach Town site, being a 0.24 ace tract more or less and a part of Dowling Park and being a 0.25 acre tract of Alamo Beach Boulevard, more or less, as shown on the attached survey (Hargus Tract) and being a 0.321 acre tract more or less and a part of Alamo Boulevard and being a 0.541 acre tract more of less and a part of the San Antonio Park as shown on the attached survey (Aguillard Tract) and being a 0.12 acre tract more or less being a part of Alamo Boulevard, as shown in the attached survey (Ross Tract),and being a .12 acre tract more or less and a part Alamo Boulevard and Houston Park as shown on the attached survey (Felton Tract) and being a 0.13 acre tact more or less and a part of Alamo Boulevard and Houston Park as shown on the attached survey (Thomason Tract) : as per Plat of Alamo Beach found in Volume V, page 01,- Deed Records of Calhoun County, Texas. Terry Hargus, Margaret Carter Aguillard, Genenva Ross, Tom Felton and Justin Thompson are making application to the Calhoun County Commissioner's Court for the abandonment of these roads and park properties as described. A HEARING HAS BEEN SCHEDULED IN COMMISSIONERS COURT FOR: • The 14th day of September, 2001, at 10:00 o'clock a.m. in the Commissioners Court Room, Calhoun County Courthouse, 211 S. Ann, Port Lavaca, Texas. At the hearing the Commissioners Court will determine whether the parks and roads should be closed and abandoned. All interested persons desiring to protest the closing and abandonment is DIRECTED TO APPEAR AT THE TIME AND PLACE OF THE HEARING. Notice of this Application to close and abandon roads and parks at Alamo Beach, Calhoun County, Texas, has been published in the newspaper of general circulation in Calhoun County, Texas, once a week for 3 weeks prior to the scheduled hearing and has been posted for at least 21 days before the hearing at the following locations: 1. Courthouse Door in Calhoun County, Texas; 2. On the land sought to be abandoned at Alamo Beach; 3. On the door of the Circle H conveyance store near property. • 712 This application is singed by eight (8) property owners in Precinct One (1) of Calhoun County, Texas. This application is governed by 251.051 of the Texas Transportation Code and its following provisions and 3 I7.001 of the Texas Local Government Code and its Respectfully submitted, Shannon E. Salyer Attorney at Law P.O. Box 1001 Port Lavaca, Texas 77979 361-552-6693 Attorney for Applicants 5. 6. 7 L (I yiCL/ • 713 Terry Ilargus 0.24 Acre and 025 Acre STATE OF TEXAS § . COUNTY OF CALHOUN § part of Dowling Pak And Altai Boulevard, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. DESCRIPTION of a 024 acre tract, more m less, being part of Dowling Park of Alamo Beach Townsite and a 0.25 acre tract, more or less, heing part of Alamo Boulevard as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas. These two bacts being more fully described as follows: Tract One: 0.24 Acre BEGINNING at a 5/8 inch iron and with a red plastic cap set for the West corner of this 0.24 acre being described and being the point of intersection of the South line of Fast Fannin Street with the Northeast line of Alamo BOnlavurd oC the utbresuid Alamo Beach Townsite. Said set 5/8 inch iron rod bears N 790 12' 41" E a distance of 76.65 leet from a 5/8 inch iron rod found marking the North corner of Block 38, Alamo Beach Townsite; THENCE, N 79' 12' 41" E, passing at 84.0 feet a 5/8 inch iron with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 125.88 feet to a point for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 04° 37' 43" W, 65.37 feet, AND S 180 16' 49" E, 40.33 feet to a point for corner; • TI IENCE, S 55° 10' 00" W, passing at 33.9 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a'I OTAL DISTANCE of 61.91 feet to a 5/8 inch iron rod with a red plastic cap set for corner at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, N 340 50' 00" W, with the said Northeast line of Alamo Boulevard, same being the Southwest line of Dowling Park, for a distance of 140.42 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.24 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County,'fexas. Tract Two: 0.25 Acre BEGINNING at a 5/8 inch iron rod found marking the North corner of Block 58 of the Alamo Beach Townsite. Said found 5/8 inch iron rod being at the point of intersection of the Southwest line of Alamo Boulevard and the South line of East Fannin Street and being the West corner of this tract being described; THENCE, N 790 12' 4l" E, a distance of 76.65 feet to a 518 inch iron rod with a red plastic cap set for corner at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, S 340 50' 00" E, with the said Northeast line of Alamo Boulevard, same beina the Southwest line of Dowlina Park. Alamo Beacti Townsite, a C / 714 • THENCE, S 55' 10' 00" W, a distance of 70.00 feet to a 5/8 inch iron rod found for corner marking the fast corner of Block 58, Alamo Beach Townsite; THENCE, N 34' 50' 00" W (Base Bearing), a distance of 171.65 feet with the Southwest line of Alamo Boulevard, to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 025 acre, more or less, situated in and a pan of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in June 2001, and is true and correct to the best of my knowledge and beliel. �Ptf. OF, re7 0 STfR 9s CC LL -�%- OAVIow'GANN DAVID W. GANN qo 6 �rr.: REGISTERED PROFESSIONAL LAND SUIZVEYOR '9, FfSS��.yO? NO. 3816 SURVE NOTE: I) Bearings are based on the recorded Subdivision Plat ol'Alamo Beach in VUlnme V, Page 01 of the • Calhoun County Deed Records. 2) Corners are as shown on the accompanying Survey Drawing, Job No. 2540-001 2 0 715 LAVACA BAY' $IYMAI • 64 g'E / •�' a0.33' Y 0.24 ACRE ,a Sq pgNrONI .� DOWLING ;, PUARK Rk O P.O.B. 2 / PARK Y; TR.1 i.o •Y� o 5]•�00'E Y Q .W Y Y]•,w.m� BOULEVARD (ALAMO a � O1 n`O 0,25 ACRE r 75.00' 2 DB Z'TRO NSa'S0'00.1 171.65 (Bose Bearing) ] 8875 007s.m'9 F— 1O BLOCK 58 8 11 2 AVENUE ALAMO AVENUE) • (HOUSTON NARCISCO CABAZOS SURVEY, A-3 ALAMO BEACH TOWNSITE VOL. V, FIG. O 1 Y Demtes Set 518" I.R. PLA T — O Denotes Fnd. 5/8" Lk With Plastic Cap ( ) Demtes Recorded Plat Name L DAVID W. CANN A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN JUNE 2001. AND THAT CORNERS ARE AS SHOWN HEREON. �t �Si TFXs •DAVIDlWTS GANN DAVID W. CANIr 3816 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 NOTE: I) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT, 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. TERRY HARGUS 0.24 • nGW &naW ENGINE09 ERSI IVNCTExAS (MANE NAIL! O NCOUNSCSORVAS MJ. TOMNS(TE, CALNOUN COUNTY, TEXAS. 716 • 0.321 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OFCALHOUN BEING a 0.321 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of Alamo Boulevard adjacent to Lots 10 & 11, Block 41 of said Alamo Beach Townsite and this 0.321 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch von rod in the west right-of-way line of Alamo Boulevard, at the southeast comer of Lot 9 and a northeast corner of Lot 10, Block 41 of -- the Alamo Beach Townsite for the northwest comer of the herein described tract, said iron rod being located South 100 47' 00" East a distance of 450.00 feet from an existing 5/8 inch iron rod at the northeast corner of Block 41 of said Alamo Beach Townsite; THENCE North 790 13' 00" East and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of the San Antonio Park as shown on said Alamo Beach Townsite Plat, at the northwest comer of a 0.541 acre tract surveyed this day for the northeast comer of the herein described tract; THENCE South 10° 47' 00" East with the east right-of-way line of Alamo Boulevard • and the west line of San Antonio Park for a distance of 200.00 feet to a set 5/8 inch iron rod at the point of intersection of the north right-of-way line of East Fannin Street with the east right-of-way line of Alamo Boulevard at the southwest comer of said San Antonio Park and the southwest comer of said 0.541 acre tract surveyed this day for the southeast comer of the herein described tract; THENCE South 790 13' 00" West and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 5/8 inch von rod at a point of intersection of the west right-of-way line of Alamo Boulevard with the north right-of-way line of East Fannin Street at the southeast comer of Lot I 1 of said Alamo Beach Townsite for the southwest comer of the herein described tract; THENCE North 100 47' 00" West (bearing basis) with the west line of Alamo Boulevard and the east line of said Lots 10 & I I for a distance of 200.00 feet to the POINT OF BEGINNING, Containing 0.321 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my supervision in May 2001. t Ganem & Kelly Survcyilig, Inc. By: GCPSge A. Ganem, Jr. Registered Professional Lad Surveyor Texas No. 4681 RS. Aguillard • 717 0 • • 0.541 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OFCALHOUN BEING a 0.541 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of San Antonio Park as shown on said Alamo Beach Townsite Plat and this 0.541 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch von rod in the east right-of-way line of Alamo Boulevard at the northeast comer of a 0.321 acre tract surveyed this day for the northwest comer of the herein described tract, said 'iron rod being located South 10' 47' 00" East (bearing basis) with the west right-of-way line of said Alamo Boulevard a distance of 450.00 feet and North 790 13' 00" East crossing said Alamo Boulevard a distance of 70.00 feet from an existing 5/8 inch von rod at the northeast comer of Block 41 of the Alamo Beach Townsite; THENCE North 790 13' 00" East and crossing said San Antonio Park at 59.98 feet pass a set 5/8 inch iron rod on line and continuing for a total distance of 107.25 feet to a point on the west shoreline of Lavaca Bay for the northeast comer of the herein described tract; THENCE with the shoreline of Lavaca Bay for the following courses and distances; South 260 02' 18" East for a distance of 24.31 feet, South 22' 53' 27" East for a distance of 30.03 feet, South 11 ° 06' 57" West for a distance of 33.81 feet, South 20' 26' 22" East for a distance of 62.46 feet, and South 340 38' 11" East for a distance of 59.30 feet to a point of intersection of the north right-of-way line of East Fannin Street with the west shoreline of Lavaca Bay at the southeast comer of the San Antonio Park for the southeast comer of the herein described tract; THENCE South 79° 13' 00" West with the south fine of the San Antonio Park and the north right-of-way line of East Famin Street at 91.80 feet pass a set 518 inch von rod on line and continuing for a total distance of 141.79 feet to a set 5/8 inch iron rod at the point of intersection of the east right-of-way line of Alamo Boulevard with the north right-of- way line of East Fannin Street at the southwest comer of the San Antonio Park at the southeast comer of a 0.321 acre tract surveyed this day for the southwest comer of the herein described tract; THENCE North 10° 47' 00" West with the east right-of-way line of Alamo Boulevard and the west line of said San Antonio Park for a distance of 200.00 feet to the POINT OF BEGINNING, Containing 0.541 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is [Wade to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my supervision in May 2001. —BLS Ganem Kelly Surveying, C. By: George A. Ganem, Jr. Registered Professional Land Surveyor Tcxas No. 4691 M. Aguillard 718 �ZQ O I. ti W W 4: ti H In Q k W RmRO IRUR � EIVARI F` "TH EAST O6ER OF 0.0R 41 Ru • EV' NOUN ROD SET MESS OUERNISE 801E0 REARING YK BASED ON THE SEARINGS OF RECORD AS A RECORDED IN'gLIAE V RAGE 01 OF TIE DEED RECTAS y OF C4110M [ TY. TEXAS GEI INS I80YE RAT IIASTHE PREPARED FROI Y1 ACTUAL SURVEY NAOE ON THE GROUND UNDER NY SUPERVISION IN N1Y z001. .S �Aa6 RAPER a EEEtr SIAYEr1N0. INt. 51 2 OEON£ A. LAMER. III. REGISTERED PROFESSIwu LAND SURVEYOR TEARS ..... GANEMIII ES& NSTEET ET EMu FEXAS 77D37 13". 192-3T36 LAVACA BAY SAN ANTONIO PARK ALAMO BOULEVARD ( 70'1 S 10'17'00- E 450.00' SIIOYIINE LAVACA DAY I S 26.02'18' E 2441' 2 S 22'13'21 E 30.03' 1 S 11'06'57' N 33.61' 4 S 2026'22' E 62.4' s s 34•33'11' E 59.30' 2 ALAMO BEACH TOWNSITE VOLUME V PAGE 01 DEED RECORDS 4681 81 �P;Q FS......yO BLOCK 41 4UFN LOT 6 LOT 7 LOT 8 LOT 9 L07 f0 20' ALLEY PLAT SHOWING A 0.321 ACRE TRACT d A 0.541 ACRE TRACT SITUATED IN THE ALAMO BEACH TOWNSITE vVLUME Y S U R V�T E 1V I N G 1 INC . SURVEYING,NC. PAGE 01 OF CALHOUNVCOUNTY. TEXASHE DEED RECORDS OF LAWR STREET. SUITE 5 DRAWN BY : KELLY B. SCALE: 1' = 60' Porxt A�,R98i201,. TEXAS rnre CHECKED BY: G.A.G. DATE: 05/23/2001 APPROVEp BY: G.A.G. JOB NO. PCOI-082 0.541 ACRES O.J2l ACRES "INN BASIS R. S. AMILLAR0 LO'S 10 6 11 LOT II R. S. AGUILLARD DRAWING NO. PCO1-082 a r-i Geneva Ross Part of Alamo Boulevard, 0.12 Acre Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. STATE OF TEXAS COUNTY OFCALHOUN DESCRIPTION of a 0.12 acre tract, more or less, being part of Alamo Boulevard as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas and being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the West corner of this 0.12 acre being described and being the point of intersection of the Southeast line of East Austin (called Sunrise Avenue) with the Southwest line of Alamo Boulevard of the aforesaid Alamo Beach Townsite. Said found 5/8 inch iron rod also being the North corner of Lot 4, Block 96, Alamo Beach Townsite; THENCE, N 55° 10' 00" E, a distance of 32.97 feet to a wooden 2x2 stake set for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 31 ° 56' 20" E, 27.82 feet, S 370 13' 21" E, 23.20 feet, S 330 12' 09" E, 30.41 feet, S 460 45' 55" E, 35.87 feet, AND S 560 05' 42" E, a distance of 36.00 feet to a wooden 2x2 stake set for corner; • THENCE, S 55° to' 00" W, a distance of 52.03 feet to a 5/8 inch iron rod found for corner at the point of intersection with the Southwest line of Alamo Boulevard and being the East corner of Lot 5, Block 96, Alamo Beach Townsite; THENCE, N 34° 50' 00" W (Base Bearing), with the said Southwest line of Alamo Boulevard for a distance of 150.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.12 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in June 2001, and is true and correct to the best of my knowledge and belief. noo 9 sNNDAVID W. CAN•�.REGISTERED PROFESSIONAL LAND SURVEYOR d.'o- N0. 3816 NOTE: 1) Bearings are based on the recorded Subdivision Pka of Alamo Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Comers are as shown on the accompanying Survey Drawing. 0 Job No. 2549-001 720 LAVACA BAY \ 40: Y ONCOLN PARK HOUSTON PARK L, N N ---m., 10 BOULEVARD) -o I'' 0.12 0 0 �-_ m u (ALAMO m�i Acreo m •� _ N}M1'SU'00"`N I50.00' z �� _e,_--,- P0,a Base Oeuri l9) 5�I 6 I 7 20' -DE 3 15 14 8 13 ,� uo 8 9 z d U- W d N ,saa N 10 V) 11 12 75 M 4 5 6 7 8 )5 00 le' pp( ♦LIEr - -- BLOCK 96 r —_ w uo 3 8 7 16 15 14 • 2 1 - AVENUE ALAMO AVENUE) (HOUSTON NARCI$CO CABAZOS SURVEY, A-3 F AIILAMO BBACII TOWNSIIT (BLOCK 95 I VOL. I V, PG.I O 1 � I 1 I BLOCK 60 o Deaotes Set 2) X 2r On E.iissdmg Shoreline • Denotes Set 5/8" LR. PL /1 1 0 DVtOtes Fnd. 5/R" l.R. With Plastic Cap A ( ) Denotes Recorder! Plat Name 1. DAVID W. CANN, A REGISTER£➢ PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN JUNE 2001. AND THAT CORNERS ARE AS SHOWN HEREON erIS OF T pt}•rf Q,6 i RF6 DAVID W: GANN DAVID W. CANN RECISTF.RED PROFESSIONAL LAND SURVEYOR A 3816 NO. 3816 NOTE.- 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. G & W ENGINEERS, INC. I NAfR�8�0 ZOS/80RV£1". d 9: ALAdIOrfIFACl/T/r£ 205 W. LIVEOAK 1-551-552-4500 PORT IAVACA. IC%A,`. TOWNHI'I'E. CALHOUN COUNIT, TE.YAS. E Tom Felton Part of Alamo Boulevard, And Itoustoa 0.12 Acre Park, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County Texas. • STATE OF TEXAS § COUNTY OF CALHOUN DESCRIPTION of a 0.12 acre tract, more or less, being part of Alamo Boulevard and I louston Park, Alamo Beach Townsite as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas and is more filly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap set fur the West corner of this 0.12 acre being described anti being the Nonh comer of"Lot 8, Block 59, Alamo Beach Townsite. Said set 5/8 inch iron rod also being the point of intersection of the Northwest line of said Lot 8, 13lock 59 with the Southwest line of Alamo Boulevard of the aforesaid Alamo Beach'fuwnsite; THENCE, N 55e 10- 00" E, passing at 45.0 feet a 518 inch iron rod with an orange plastic cap set on line for reference and for a "TOTAL DISTANCE of 60.63 feet to a point for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, S 520 04' 46" E, for a distance of 66.98 feet to a point for turner in the existing shoreline of l..avaca Bay; THENCE, S 35e I T 31" E, in a Southerly direction with the said existing shoreline of Lavaca Bay a distance of 11.03 feet to a point for corner; • THENCE, S 55° 10' 00" W, passing at 10.57 feet the Northeast line of Alamo Boulevard, at 35.57 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 80,57 feet to a 5/8 inch iron rod with a red plastic cup set tin corner in file Southwest line of the aforesaid Alamo Boulevard and also being the East corner of Lot 8, Block 59, Alamo Beach Townsite; THENCE, N 34e 50' 00" W (Base Bearing), a distance of 75.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.12 acre, more or less, of which approximately 293.4 Square Peet are in I louston Park, situated in and a pan of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in June 2001, and is true and correct to the best of my knowledge and belief. • G� qos* D W: GANN DAVID W. GANN 3816 ' REGISTERED PROFESSIONAL LAND SURVEYOR 'Ess to" :nQ' NO. 3816 NOTE: 1) nearings are based on the recorded Subdivision Plat of Atonic Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Corners are as shown on the accompanying Survey Drawing. Job No. 2547-001 722 LAVACA FLAY Approx. 293.4 S0. Ft. S52'04'46'E 835'13'31'E I LIP ARKN 66.98' 11,03' ----_— _ HOUSTON ,� I I __----- PARK ° I-------- J n;,ixs-nw«;J/i BOULEVARD) W u G �o — J � (ALAMO 9 d •4ryP £ N z 75.00' s.00' P.O.B., N34'50'00`N (Bose Beorin9) 5 $ 6 7 6 4 8. 8 9 5 S 6 7 w z $ ¢ T>.co 75oo 30 e,pc nuET aeo `j BLOCK 96 Sao 7sLn Q oo r— •N rso.oa' 8 BLOCK 59 so' w,pL nucr 7s oo' K U1 3 $. g 10 _ w $ 16 17 16 15 14 3 8 --- N • � v 2 5 g 14 $ 13 11 q _a 8 Isom x 12 AVENUE t $ AVENUE) ALAMO (HOUSTON NARCISCO CABAZOS SURVEY, A-3 ALAMO BEACH TOWNSITI� (BLOCK 95 I voz._ � 1,7.pG BLOCK 60 I o Demtes Set 2 X 2 On Esisting Sh.,etine • Denotes Set 518" I.R. -PLAT— O Denotes Fnd. iled I.R. With Plastic Cap ( ) Denotes Recorded Plat Name L DAVID W. GANN. A REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THE PLATHEREON REPRESENTS THE RESULTS F AN ON THE MADE UNDER MYSHOWN DIRECTION AND SUPERVISION IN JUNE 20010 AND THAT CORNERS GROUND SURVEY ARE AS SHOWN HEREON. DAVID W: GAIN N DAVID W. CANN ••, A,3816 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 �'9 '' FE531� OQ• �a SU RNt NOTE: 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN 7-110SE SHOWN HEREON, DEING 0.12 ACRE. MORE OR SITUATED IN G & 11T ENGINEERS, INC. I NARCISCO CABAZOS SURVEY, LESS. CABAZOS ALAMO BEACHTNE TOWNSITE, CALHOUN COUNTY, TEXAS. ♦nc .0 i vvnnv ,i , .. . n nn PI1RT 1 nvn/'n TFvnG —_ -... -- _ _ _ .. _ 723 A. P. Thompson Part of Alamo Boulevard, And Houston 0.13 Acre Park, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County Texas. . STATE OF TEXAS COUNTY OFCALHOUN DESCRIPTION of a 0.13 acre tract, more or less, being part of Alamo Boulevard and Houston Park, Alamo Beach Townsite as per Plat of Record in Volume V, Page 01, Deed liecords of Calhoun County, Texas and is more fully described by metes and bounds as follows: BEGINNING at a 518 inch iron rod with a red plastic cap set for the West corner of this 0.13 acre being described and being the North corner of Lot 9, Block 59, Alamo Beach Townsite. Said set 5/8 inch iron rod also being the point of intersection of the Northwest line of said Lot 9, Block 59 with the Southwest line of Alamo Boulevard of the aforesaid Alamo Beach Townsite; THENCE, N 550 10' 00" E, passing at 45.0 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference, at 70.0 feet the Northeast line of said Alamo Boulevard and for a TOTAL DISTANCE of 8057 feet to a point for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, S 35° 13' 3 1 " E, for a distance of 24.24 feet to a point for corner in the existing shoreline of Lavaca Bay; THENCE, S 09° 59' 04" E, in a Southerly direction with the said existing shoreline of Lavaca Bay a distance of 54.84 feet to a point for corner; THENCE, S 55° 10' 00" W, passing at 32.7 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 57.70 feet to a 5/8 inch iron rod with a red plastic cap set for corner at the point of intersection of the Southwest line of aforesaid Alamo Boulevard with the Northwest line of East Austin (called Sunrise Avenue) and also being the East corner of Lot 9, Block 59, Alamo Beach Townsite; THENCE, N 34° 50' 00" W (Base Bearing), a distance of 75.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.13 acre, more or less, of which approximately 393.4 Square Feet are in Houston Park, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in June 2001, and is true and correct to the best of my knowledge and belief. DAVID W. GANN \ REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 NOTE: I) Bearings are based on the recorded Subdivision Plat of Alamo Beach in Volume V, Page 01 of We Culhoon County Deed Records. 2) Corners are as shown on the accompanying Sorvey Ocawing. isJob No. 2548-001 i24 LAVACA BAY b n Appaov. 393.4 Sq. PL S35'13'31'E LINCOLN 24.24' I HOUSTON I S09'59'04'E PARK _ — — _ PARK 1 54.84--_-------- — c BOULEVARD) o o�—J o� (ALAMO �$ ^Acre qo z 75.00" 71.00R 0. B. N 34'50.00'Vt (Base Bwmg) 5 x 6 7 8 4 g 5a 9 6 7 8 I z > F to 75.00' I5 00 75c0 Ip• mIX' nllEY BLOCK 96 7s�. 75 0c w BLOCK 59 20' weC A to r • « "°.°° 5 5.00 3 8 $ x 3 8. 10 D w _ --- — 18 17 t6 15 ta,, — 2 15 14 K 13 11 g $, 2 x. x 8 12 sco' AVENUE ALAMO AVENUE) (HOUSTON NARCISCO CABAZOS SURVEY, II I A-3 ALAMO BEACH TOWNSIITI� (BLOCK 95 TBLOCK I VOL. I -v.P , G.I OI. 60 I I I o Denotes Set 2 X 2 On Existing Shoreline �, • Denotes Set 518" 1.R. PLAT $ 0 Denotes FnoL 5/0•• I.R. With Plastic Cap ( ) Denotes Recorded Plat Name 1. DAVID W. CANN,.A REGISTERED PROFESSIONAL LAND SURVEYOR DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER H"IRECTION AND SUPERVISION IN ✓UNE 2001, AND THAT CORNERS ARE AS SHOWN HEREON. D VID W. GANN J REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 NOTE: 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING, 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. A. P. THOMPSON G & W ENGINEERS INC. BEING 0.I3 ACRE YORE OR LESS. SITUATED IN THE NA17C1SC0 CADA20S SURVEY, A-3. ALAYO BEACH 205 W. LIVEOAX 1-381-552-5509 PORT LAVACA, TEXAS TOWNSITE. CALITOUN COUNTC TEXAS. • 725 Commissioner Balajka informed the Court that he had forwarded the Oil, Gas and Mineral Lease he had received from Rivets Corporation on the 174.93 acre tract being the landfill site (Langdon Tract) to Mr. George Fred Rhodes, local oil and gas attorney. Mr. Rhodes and the Rivets representative were present in Court. Mr. Rhodes stated he has reviewed and okayed the document and discussed the • addendum with recommendations to same. He has drawn up a draft with stipulations that protects the County's interests. Most of the 50 provisions are standard. Commissioner Balajka checked with TNRCC concerning the old pits at the landfill, the 100 acres in cultivation and the 40 acres of topsoil stripped off to cover the pits known as the barb areas. TNRCC said it was all right to drill except on the top where the pits are. TNRCC is in the process of revoking out permit, meaning to give us more authority to do what we want on out property because the full 174 acres, when acquired by the County, was put under the TNRCC permit. "Revoke" is giving us more control of our own property. Mr. Rhodes said he was not aware of this so there is no provision in the lease concerning this. Commissioner Balajka said Revets was aware of this and they will be sending a letter stating they do not require a stipulation on this. Commissioner Balajka, Judge Marshall and Mr. Comiskey had met to determine how to proceed regarding the requirement of bids. Mr. Comiskey recommended: 1. Approve the lease. 2. Set a minimum amount for each lease item to be accepted. 3. Appoint a commissioner of lease as required by statute. 4. Commissioner of lease should review any bids which are received and open the floor for any other bids. 5. Commissioner of lease make recommendations to the Court regarding the bids and Commissioners' Court should accept or reject the bids. • 6. If a bid is accepted, appoint the commissioner of lease to negotiate the signing of the lease. 7. After all parties have executed the lease, have the Commissioners' Court approve it. A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept the Oil, Gas and Mineral Lease document with the addendum regarding no drilling on the caps on the 174 acre tract at the landfill site known as the Langdon Tract. Commissioners Galvan, Balajka, Floyd and Judge Pro-Tem Finster all voted in favor. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept a minimum of no less than $100 per acre bonus and $20 per acre delayed rental at 1/6 minimum royalty for a five year term, subject to the provisions in the lease. Commissioners Galvan, Balajka, Floyd and Judge Pro-Tem Finster all voted in favor. A Motion was made by Judge Pro-Tem Finster and seconded by Commissioner Floyd to appoint Commissioner Balajka as Commissioner of Lease regarding the Oil, Gas and Mineral Lease on the 174 acre tract at the landfill site known as the Langdon Tract. Commissioners Galvan, Balajka, Floyd and Judge Pro-Tem Finster all voted in favor. Commissioner Balajka as Commissioner of Lease stated he received from Reverts Corporation an offer of $100 per acre, $20 delayed rental and 1/6 royalty for a five-year term along with a check for $13,119.75, He asked for "any other bids from the floor." There being no response, Commissioner Balajka made a Motion which was seconded by Commissioner Galvan to accept the bid of Revets Corporation for the Oil, Gas and Mineral Lease on the 174 acre landfill site tract, known as the Langdon Tract, for $100 per acre bonus, $20 per acre delayed rental and 1/6 royalty for a five year term. Commissioners Galvan, Balajka, Floyd and Judge Pro-Tem Finster all voted in favor. 726 Producer sB (an6) Reriml Wien 6a Acres Pooling, PmvRA,A DP�Jq,-, NP�tY COMPANY 003<RICHMOND. HOUSI'ON, TEXAS 19022 (913) 552-9797 Counterpart OIL, GAS AND MINERAL LEASE THIS AGREEMENT ..,,,his date of l7thast acknowlegrient Calhoun Count day f September each dealing y' and June Bearden, Mara -Lyn Vrb�01,between g a, Judy Nell herein with her separate pro a; Pennington, no part of her homestead, y, which constitutes • Lt.lwhether one or mare), whose address,,: c/o Richard Vrba -s and , 1 _.'14 Quailfield Circle Revets Corp, 44 Camden , Austin, Texas, I. Lessor in consideorionof , Corpus Christi, Tx , lessee, WITNESS (S Ten (10) ETH: Purpose of 0.g0i0, exploring, prospecting, drilling herein Provided, and of she agrcemems of Leave herein --Mined, hereby g and minis for and Dollar core tees, gravity and m, explo methods, Prospecting, , g producing oil, gas and all other minarets, cone Y grants, leases and lets exclusively unto Lessee for the injecting gas. water and other fluids, and air into subsurface sang esplooriom geologic end geophysical surveys by seism' -Immures thereon and on, over and across lands oumay claimed by Lessor ad' °<° s[nsa, laying Pipe lines building roads, tanks, BrnPh, I" employees, she following described land in 1 n Jpp ant and wnsiguous Nercm, to power ssesions, telephone lines and usher C'a olln COunL y, produce, save, rake cart of., Being the same land described in deed from June Bearden county of Calhoun and recorded in CountY.Rxa,ro-wit` Volume 299, page 500 ' et al to the Calhoun County, Texas. , Deed Records of Notwithstanding anything contained herein to the contrary, the Landowner royalty provided in Paragraph No. 3 hereinbelow shall be (lone —sixth (1/6). For additional terms see Exhibit 11A" attached. This lase also covers and includes ell land owned or claimed by furor adjacent or contiguous In the land particular) de adjacent surveys, elshough not �gly4esvb the boundaries'((he land particularly described above. For the u y anted above, whether the same be in said estimated surveys comprise (r� (3 purpose of celcula[ing the moral m survey or surveys or in Pay ems hereinafter provided for, said I 2. Subject to the other provisions herein connive acres, wA<ther i[ atuall ad set long thereafter as oil, gas or other mineral is d, this lease shall be for e term se five (5) Y camprius more or less. produced from said land or land with which said land is Years from this dam called •• Pooled hereunder. ( primary [am") and u 3. The royalties 10 be paid by Lessee are: (a) on oil, one -eighth of Chat Produced and saved from Mid lend, the same to be delivered at the wells or m the credit of lessor into (he pipelines m which the wells may be commeted; Lassa may from time m time Purchae any loyalty oil in its possession, paying the market price therefor prevailing for the field where produced on the date of purchase; (b) to pay Lessor on gas red ... m2hend gas Produced from said land (1) when sold by Lassa, one -eighth of the amount realised b (he well, or (2) when used by Lessee off said land or in the manufacture of gasoline or other products, one -eighth of the amount retinal the from t therefrom and one -eighth of 'he amount realized from she sale of fs)Aue gas afarA-1tethe emu Y I<asae, computed at me mouth of acreage Pooled therewith but S. is not being sold or used, Lassa sw Ire sale of alm I. ae .other products exported • deducting ant used for plant fuel and/or compressionwhile them is a gas well on this lease or on Of any portion Thereof is included in a pooled unit on which a wall is located, or airy on or e before ninety e otdays after the date a which (q said', ell Is shut In, or (2) the land covered hereby to annual intervals on a before the anniversary of the dam the firs) (ad the lease ceases to 4 otherwise maintained u Provided herein, whichever is the later date, and (hereafter Term an the number of acres subject payment is Conde, a sum equal to (he amount of the annual rental payable in lieu of drilling operations during the primary J this lease es the time such p near go n mode. and if such payment is made or tendered, this lease shall ram to being produced fmm This lease in paying hall be and (c) on all mher minerals mined and marketed, sulphur mined and marketed the royally shall be fift cents one -tenth either in kind or value m the well rmmate, end it will be consul except that gas a operations hereunder and the royalty y able per long ton, r &d. shall have free use o[ oil, gas, cool, and water from said land, xsce 1 wLessee s elation, except that on y Yon oil, gas end coal shoo be computed ether deducting any so used. P -ter from Lessor i wefts, for all 4. Lessee, at its option, is hereby given the right and Power 10 pool or combine the acrcagc covered by this lease or en other land covered by this lease, and/or with any other land, lease or leases in the immediate vicinity [hereof so the extent he Y guru's thereof as m oil and gas, or ehhen 0f teem, SsA any advisable ro do n in order properly to explore, or to develop and open¢ said leased remises vicinity co authority, or when to do so would, in thejudgment of Lessee, rcig one stipulated, when in tierce i judgment it is necessary, m P tend use with the spacing roles of the Railroad Commission of Texas, or other lawful shall not should govuially exceed 40 acres each in area, and units Promote the conservation of oil and gas in and under and that ma be that should ova Pooled or Permit hereunder shall not subsnn(ially exceed in ema MO A produced from said premises. Units B ram allowable ablefry having judsdinion rase' acres each Ira a Cole (10%)threo hereunder Prescribe ri or permit they do fled. of nits larger (hen those specified, Pot the drilling or once of ten matt I obtaining maximum allowable from any well to nd drilled, drilling or acre PC (0%) thereof, provided governmental regulations. Lessee under the provisions hereof may mbi dr Acre, units eyed by created may confo g in sDc°" of a well at regular lee mit ed for and as Io gas in any one or more sraa. The units formed b y pooling or combine areege coveted by this lease or a � substantially A, above o size with thou it in prescribed or Permitted by Y pmlin as [o an s1 Y patio. (hereof u above provided u [o oil to any one or more smote combined as bo any B Y ntum of also need not conform in size or area with the the unit or units into which (he lease is y other Portion, Man or stun, and oil units need nor conform es m ono with gas unite. The pooling in one or more instaaes shall not exhaust the ri r of de pool this lease or ed ma thereof into other units, lessee shall file for rtroM in pooled er designating the pooled area a as a the appropriate records of the county in which the leased rem; the Lessee hereunder g pooled unit; nntl upon such recordation the unit shall be effective as to all Parties hertso, the unit is likewise effective es m ell other owners of surface, D sa arc slman, an ins[mmen[ describing and mineral, royalty, p dale may tucceason, and assigns, irrespective of whether or or commencer o Y^ a or Other rights o land included a such unit. 4sue may err its elation exercise its g gelling -for or completing an oil or gas well a rho leased premiss, and the p SnC aril may include, bra it is not required to include, end or Isses upon of producing ail err gas in paying quantities has he gas be Pooling option before or after operasiosr for drilling on or production of oil or gas from an pan of a pooled upon which operetions for the drilling of A well far oil or gas have [herdoforc ban rote which In the event capable drilling were commenced or such Production was secured be ore 0, rra,''hhe exaun'ontof thisch l enromen a Panic. of IRA land covered b (his lease operations fortlNlingonorploducdon'foil and gas from land coveted by this lease A, of tis notturnan, f helinstrument dos designating me 'bet hOsofwhedsarsuch ormAdana for for of Of them, shall he deemed m have boo Commenced on said B B paled unit such lease a d I -hull ev rat operati u either ofthem, eshereinprovided, a hall be treated for all a land within the meaning of pinrah 5 of tirheprcmisescovcred by this lose and in such even[operadons p rposes, except the ie P this nfro and the lad u acreage Constituting such unit or units, as 10 oil and gas, or If computing she royal'ia 10 which owners of loyalties and a payment of royalties on production from the payments out of rotlm' Pooled unit, a if the same were included in (his lean. For the purpose there shell be allocated ro (he lend covered b this ease end i production and each of them shall be endrlcd'I prndoction afoul and of Ch<oil and gas, or either of them, produced from the pooled uni rafter deducting that forgo ate vacs within the unit if this Bets, or either of them, from the pooled unit. shall be allocated 10 the acreage covered by (his lease and included in the pooled uni( (or d each separate n lease covers rep hall be ones. within the snip a pro con pardon pentione on the pooled uni(, Such ellamion shell be on c C acreage basis a Cm I. to say, there portion of the Oil and gas, or either of them, produced from she pooled unit which the number of surface acres covered b the easels lea even operete tracts within s unit been to the total number of surface acres included in the he unit) that pro ram pooled unit. Royalties hereunder shall be were from on the pones o(sachr trotluni'q wrcparate bran) and included in the pooled so allocated m the tared covered by this lease and included in The unit just u (hough such production were from such land. Th p hethet it be oil and from the lose m oil pooled unit which it is producing and not as product!..from - as Bets, or either of them, B pooled unit; end Shall I.[ have from a gas Chang in be a ownersh ownership y del- from the lease err sidered go production nd pooled unit from which it is producing and nab from an oil pooled unit The formation ofeny unit hemunaershall not have the eHa(ofchangingthe Come hi royalty which may became payable under his lease, If this [cue now or hereafter B paled Intended or shall be implied or result merely from the inclusion of such separate tome within this ease but 4ssa shall nevenh P of bedelay Cann. or shut-e production D pooling or unitizasian of royalty inmost a betwan any such sepuerc blocs is ellocarion of production as above provided. As usrA in -his Paragraph 41 she words "separate tree[" mean any tract with loyalty less have the right to Pool u provided above with consequent amounts, fro -'her as ro any other part of he lewd premises. ownership differing, now or hereafteq either as m Pazsio or 5, If operations for drilling me no( commenced On said land or on'crea e POOled both parties, unless on or before such anniversary date Lessee shall pay or tender WF Shall1shaerewibh as above provided on or blare one year from this dam, the lease shall then terminate es Io in a 1�C f(�'� ^k°aio'afide•aNcm�pl-t q1'� I� %%9%"LV. Fffgp]_ 1aa� jb r Y Th$7Sl]L�s �. mIe err or 10 the credit of aor in(ne-'mat _ wetWy ix Zlun redTwent �t'amA�f (herein called mmm�T, which'sna)1 cover the prier! age m set TW cmrimciic'emT Feh4esa and 80/ 1 00 papas (B (� annually, the commencement of dolling operations they be further deferred for weceasive ��, of twel°t a period of twelve (12) months. In like manner and It )125.80 25. 8b or terWe . , this paragraph end of royalty under paragraph 3 on any gas well from which gas !snot give Pendold or used Ave (12) Monthsade by each the the ring the primary term' The paymem or tender of Centel undo lherero or to said book on or before [he data of payment. If such bank (or Any successor bank) should fail, liquidate or be succeededek of drofl of Lessee mailed or delivered m mothees entitled Centel.r Leases shall not be held in default for failure to make such payment or render or rental --of thirty (30) days after lessor sl &live, I. lessee a proper rayon fail bin the snt .accept Y w fro any reason fait err rc(,.. (o accept anmher hank ss agent ec rids or such payments or tender. I( Let" -'hall. on 0r before any enaive., date, make A bona ❑de attempt to pay or deposit rental I. a Les according m Lessee's records m to a lessor who, prior m such attempted Payment or deposit, has given Lassa nova, in ado receive renal, and if Such payment or de oar entitled thereto poalnha I be ineffective or erroneous in a igamce with subsequent LA provisions of this lease, of hi In right to renal period involved, end this lease shall y regard, lessee shaft be unconditionally obligated m pay to such Lssm the rental o not terminate but shop bemaintained-t in the aloe manner n if such csscaus or inefienive nntl a Properly payable for the provided that the erroneous or ineffectiveenable Lessee seem payment proper pe deposit be coma[ed within 3o drys after tali Payment m deposit lied been ro rl Conde, for A plena u ere necessary to enable Lessee m make to r e P[ by Lassa of wdrten nonce from such lesor 0f such comr accompemed by such for a period, Lessee may at any time or times execute and delPivymeat The down cash payment is consideration for this lease according to its terms and shall not nd-located u a mere raof W above -described premises, or of any mineral or booxon under all or aer go p ssm or [o the depository Above named or plea of room a release or releases of this not bCAM. ea lo ell err Cut All minerals end horizon under A Panion of the land covered by ' y Pthe an Ihercof, An and thereby be relieved of all obligations m to (hc released land or Inmost If Nis lease isany leased as me I. she rumba of surface acres within such released portion bears In the sore number of surface ments computed in accordance therewith shall thereupon m reduced In the proposer That acres which was covered by this lease )mmedlotely '727 prior tosuch release. 6. If prior to discovery and production of oil. gas or other mineral on said land or on acreage Pooled therewith. Lessee should drill a dry hole or holes (hereon, or if after discovery and production of oil, gas or other mineral, the production thereof should cease from any cause, this Jesse shall trot revalue if Lessee commences operations for drilling or reworking within sixty (60) days thereafru o if o be within the primary term, commences or resumes the payment of tender of rentals or commences operations for drilling or reworking on o before the rental paying dale next ensuing after the expiration of sixty (60) days from data of completion of dry hole or cessation of production. If at my lime+ubsequens to sixty (60) days prior w the beginning of the last year of the primary taro and prior to the discovery of oil, gas or other mineral on said land, or on acreage pooled therewith, 4sue should drill a dry hole da , print no rental beginning ning of he oPerariona are necessary in order to keep the lease in force during the remainder of the primary lean. If At the expiration of the primary corm, oil, gu or or dryer mineral is ram being produced on said land, or on acreage pooled therewith, but Losses is then engaged in drilling or reworking operations thereon or shall have completed a dry hole uhercon within sixty (60) days prior to the end of the primary term, the lease shall remain in force so long as operation on said well or for drilling or reworking of any have compl well are prosecuted with no cessation xty (6) more rho sixty (60) consecutive days, and if they result in the production of oil, grsar other mineral, m long thereafter m oil, gas or other mineral is produced from said land or Acreage pooled therewith. Any pooled unit designated by Lessee in accordance with the terms hereof may be dissolved by lessee by instrument filedfor record in am appropriate records of the county in which the leased Promises Arc situated al any time otter the completion of a dry hole or the cessation of production on said unit. In the event a wn11 or wells producing oil or gas in paying quantities should be brought in on adjacent land and within three hundred thirty (330) feet of and draining the leased premises, or urzage pooled therewith, Lasses agrees to drill such offset wells ASa reasonably prudent operator would drill under the same or similar circumstances. 7. Lessee shall have the right at any lime during or after the expiration of this lease to remove all property and fixtures placed by Lessee on said land. including the right N draw flad remove all casing. When required by Lessor, Lessee will bury all pipe lines below ordinary plow depth, aM An wait shall be drilled within two hundred (200) feet of my residence or bom now m said land without Lessor's consent. 8. The rights of either party hereunder may be assigned in whole of in pan, and the previsions hereof shall examd to their heirs, successors and assigns: but no change or division in ownership of the land, rentals or royalties, however Accomplished, shall operate to enlarge the obligations or diminish the right of Lessee; and no change or division in such ownership shall be binding an Lessee until thirty (301 days after Lessee shall have been furnished by registered U S. mail at Lessee's principal plane of business with a certified copy of recorded inswmen[ or instruments evidencing are In the event of assignment hereof in whole or in Pan, liability for bemh of my obligation hereunder shall rest exclusively upon the owner of this lease or of a • Portion thereof who commits such breach. In flue event of the death of any person --tried to rentals hereunder. Luxe may Pay dr tender such rentals to IN credit of [he deceased or the estate of the deceased until such time as Lessee is furnished with proper evidence of the appointment and qualification of an executor ar administrator of the estate, or if there be none, then until Lessee is furnished with evidence Satisfactory to it AS to the heirs or devisees of the deceased and that all debts of the estate have been paid, If en any time two or more persons be entitled to immcipam in the rental Payable hereunder, lessee may Pay or mum, Said renal jointly to such Persons or to their join[ credit in the depository named herein; or, as Losses's election, the proportionate pan of said rentals to which each pmicipmt is waisted may be paid or tendered to him separately or to his separate credit in said de site ;end Of the rentals hereunder shall maintain this Jesse u to such participant. In event of assignment of this team as to a segregated Portion ofpmid land ayment orthe drentals payl to any able icihereunderpant of hisshporton alltbe Apponionable AS between the several leasehold owners notably according to the surface arm of each, and default in rental Payment by one shall nor affect the rights of other leuehold owners hereunder. If six or more panics become mtided to royalty hereunder. Lessee may withhold payment thereof unless and until furnished with a recordable imwment executed by all such panic designating an agent to receive payment for all. 9. The breach by Lessee of any obligation wising hereunder shall not work a forfeiture or afar" ion of this lease nor cause a germination or reversion of the mmf created hereby nor be grounds for cancellation hereof in whole or in pan, In she event Lessor considers that operations we Sal at my time being conducted in compliance with this tees, Lessor shall notify Lessee In writing of the fads relied upon AS constituting a bemh hereof, And Lessee, if in default. shall have sixty (60) days after receipt of such mice in which w commence be compliance with the obligations imposed by virtue of this innmmen[. After the dixovery of oil, gas or other mineral in paying quantities on Said premium, Lessee shall develop the acreage refined hereunder AS a reasonably prudent operator, but in disctu rging this obligation it shall in no event be required to drill more than one well producing oil in Paying Per forty (40) d he eu rise rand retained gble of pro du and capable oof ther P g p r' g ties. ion and One well per 640 acres plus an acreage tolerance not w exceed 10% of 640 arcs of [be Brea «wined hereunder and capable of producing gas or otter mineral in paying quantities. 10. Lower hereby warrants and agrees to defend the title to said land and agrees that Lessee N its option may discharge any tax, mortgage or other lien upon said land, either in whole Or in pan, and in event Lessee does so, a shall be subsegared to such Jim with right N enforce same and apply meals and royahies seaming hereunder toward Satisfying Same. Without impairment of Lessors rights under rim womanly in event of failure of due, h is agreed aren't this Jesse coven a less interest in the oil, ya sulphur, or enter minerals in all or any pan of said load then the entire and undivided fee simple estate (whether Lessor's interest is herein specified or dos), of no interest therein, then the royalties, delay «nth and other monies accruing from any pan AS or which this lease coves less than such full interest, shall be paid only in the proportion which the interest therein, if my, covered by this Issue, beam to the whole and undivided fee simple estate therein. All royalty interest covered by this lease (whether or not owned by Lessor) shall be paid out of the royally herein provided. Should my one or more of the Parties named above AS Lesson fail to execute this lease, it shall nevertheless be binding upon the Perry o Parties executing the same. Failure of Los retluce royalties. son re [o reduce ntal paid hereunder Shall not impair the right of Lemon to 11. Should Lesser be prevented from complying with any express or implied covenant of this lean, from conducting drilling or reworking operations thereon or from producing oil or gas therefrom by reason of xareiry of or inability to obtain or to use equipment or material, or by operation of force majeurs, any Federal or State law or my order, rate or regulation of goverearental authority, then while so prevented. Lesson's obligation to comply with such covenant shall be suspended, and Lessee shall eat be liable in damages for failure to comply therewith; and this lease shall be extended while and so long AS Lessee is Prevented by any such cause from conducting drilling to reworking Operations on or from producing oil or gas from the harm premises; aand the � CSamr,e while Lessee is so pseventedn shall not be counted against Lessee, anything in this lease to the contrary notwithstanding. IIRrOIrrTE�s(vNe�R 6F'�t,b''t "All attached, is ms"Amm ns executed on the data first above wrhmn. • LESSOR is SS. OR TAX I.D. NO. STATE OF COUNTY OF This instrument was acknowledged before me on the by s ebouss day of Notary Public, State of Texas Notary's name (printed): Notary's commission expires: STATE OF COUNTY OF This instrument was acknowledged before me on the day of by of a corporation, on behalf of said corporation Notary Public, State of Texas Notary's name (printed): Notary's commission expires: SS. OR TAX I.D. NO. ACKNOWLEDGEMENT 19 CORPORATE ACKNOWLEDGEMENT 19 �2� EXHIBIT "A" Attached to and matte a part of that certain Oil & Gas lease entered into by June Bearden, Et Al and Levets Corp, as Lessee under date of last acknowledgement, at the end of the primary term of this lease or any extension thereo , d unit(s)',is establis ntains this lease in force and effec u not all of the lands covered hereby, Les ave the rig intain this lease in force an ct as to the lands not contained w- 2e rough any provision of this lease. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. 465-07-6337 452-96-5181 449-66-9796 STATE OF COUNTY OF This instrument was acknowledged before me on the by JUNE BEARDEN STATE OF COUNTY OF This instrument was acknowledged before me on the by JUDY NELL PENNINGTON. STATE OF COUNTY OF This instrument was acknowledged before me on the by MARALYN VRBA June Bearden Maralyn Vrba Judy Nell Pennin ton Al -dal I Calhoun County Daly Afthcrized Pe resakatib2 ozarrissirr , PrezdrY.'t. Ib. 2 ACKNOWLEDGEMENT day of Notary Public, State of Texas Notary's name (printed): Notary's commission expires: day of Notary Public. State of Texas Notary's name (printed): Notary's commission expires: day of Notary Public. State of Texas Notary's name (printed): ACKNOWLEDGEMENT ACKNOWLEDGEMENT _ Notary's commission expires: COUNTY ACKNOWLEDGEMENT STATE OF 'c X,q-5 COUNTY OF&} Lhoa l This instrumenkwas acknowledged befife me o the % day of �/� a©0� by�%1C�jC(C/ ,CJfi'�C1O �w CO•(0/YthZ.� CiNGf-/Ve pL of Ca oun County a County Official on behalf of sai W1h�ouneCo n�ty otary Public. to of Texas d ! Notary's name (printed): Notary's commission expires: } •.!GEORGE FRED RHODES j'!"'r' Notary Public, State of Taxes ,. My Commission Expires :ytarl,N February 28, 2005 • • 729 i EXIBIT "E" (ADDENDUM) Attached hereto and made a part hereof the certain Oil Gas and Mineral Lease dated this day of 2001, (Effective Date) by and between Calhoun C unty, and June Bearden, Maralyn Vrba, Judy Nell Pennington, each . dealing herein with her separate property, which constitutes no part of her homestead, as Lessors, and REVETS CORP, as Lessee, the said lease being attached to and made a part hereof by and between Calhoun County, and June Bearden, Maralyn Vrba and Judy Nell Pennington, as Lessors, and REVETS CORP., as Lessee. ADDITIONAL PROVISIONS 12. Notwithstanding anything to the contrary contained herein, it is further understood and agreed between parties hereto that in the drilling of any well on said tract of land, all (permanent) roads and turnarounds on non - cultivated lands shall be constructed with limestone or other materials acceptable to Lessors, and such roads shall be constructed by the Lessee herein, its successors, and/or assigns, parallel and adjacent to the property lines, and said roads shall not be constructed in such a manner as to interfere with the natural drainage of the tract herein being lease, however, Lessee, its successors or assigns, may use existing roads and/or turnrows, but same must be restored to the same or similar condition after use by said Lessee, its successors or assigns. It is further understood and agreed that all roads and turnarounds on cultivated land • shall be board roads and shall be parallel to and adjacent to the property lines and shall not be constructed in such a manner as to interfere with the natural drainage. The cultivated land, after removal of the board roads and turnarounds, shall be restored to the same or similar conditions after use by said lessee, its successors or assigns. It is further provided that any oil or gas lines laid from a well head or well heads shall be laid parallel to and immediately adjacent to the permanent roads provided for hereinabove. 13. At the end of the primary term or upon the cessation of continuous development as herein provided, whichever is later, this lease shall automatically expire as to all depths lying deeper than 100 feet below the deepest oil, or gas strata found to be productive in paying or commercial quantities or found to be productive behind pipe during the term of this lease. 14. Lessors or their representatives, shall be permitted to observe Lessee's operations hereunder at Lessors or their representatives' sole risk. Lessee shall furnish Lessors copies of electrical logs caused to be made by Lessee and copies of daily drilling reports upon written request by Lessor. Lessors may obtain core samples taken by Lessee and • drilling cuttings from time to time at the well. Lessee shall furnish Lessors copies of all plats showing proposed locations for drilling and copies of production reports required to be furnished to the Texas Railroad Commission upon written request by Lessor. Said Lessors, herein, shall treat said information confidential. M19 Page 1 of Ten Pages T, 730 15. In the event of production of oil, gas or other liquid hydrocarbons from the leased premises the Lessee shall deliver to the Lessor herein copies of all monthly oil and gas production reports required to be filed with the Texas Railroad Commission concerning the well or wells on the leased premises or land pooled therein, such delivery to be at the same time as the filing time therefor required by the Commission. 16. When any of the operations contemplated by this lease are delayed or interrupted by storm, flood or other act of God, fire, war, rebellion, insurrection, riot, strikes, differences with workmen or failure or carriers to transport or furnish facilities for transportation, or as a result of some order, requisition, or necessity of any governmental agency having jurisdiction, the time of such delay or interruption shall not be counted against Lessee, anything in this lease to the contrary notwithstanding. All express or implied covenants or conditions of this lease shall be subject to all valid Federal and State Laws, Executive Orders, rules or regulations of any governmental agency, State or Federal, having jurisdictions, and this lease shall not be terminated in whole or in part, no Lessee held liable in damages for failure to comply therewith, if compliance is prevented from, by or if such failure is a result of any such law, order, rule of regulation. If from any such cause, Lessee is prevented from conducting mining or producing operations, or from transporting or selling Leased Substance from the Lease Premises, the time which Lessee is so prevented from conducting such operations or selling such Leased Substance, notwithstanding any other provision hereof, provided Lessor is so notified within thirty (30) days after the cessation becomes effective and within thirty (30) days after the cessation is no longer effective. Provided, however, that no such law, rule, order or regulation shall eliminate the necessity for, nor extend the time within which the rentals, royalties, and other payments provided for herein are to be paid. 17. Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed that Lessee shall level all pits or excavations made by it in its operations hereunder promptly after the termination of its use thereof and shall before leveling said pits or excavations remove all drilling mud from said pits by the use of vacuum trucks, or by some other means acceptable to the parties hereto, Lessee shall construct and maintain fences surrounding such pits or excavations to turn livestock until such time as said pits or excavations are leveled, and lessee shall level all pits or excavations to the prevailing slope of the land. However, prior to any pits being back -filled with soil, or provided further that topsoil shall be placed on the surface to a depth of at least two (2) feet. Lessee shall pay all injury or damage done or cause by Lessee in its operations hereunder to any buildings, fences, roads, culverts, trees, turf, cultivated lands, growing crops or other improvements on said land or to livestock on said land. As assurance of the performance of the terms of this paragraph, Lessee agrees that before commencement of operations for the drilling of any well or wells, it will deposit Five Thousand Dollars ($5,000.00) per location in escrow in a bank of Lessor's choice. After completion or abandonment of any well or wells on the herein leased premises,. Lessee shall be allowed three (3) months, weather permitting, to restore such premises as outlined above. If Lessee performs such restoration within such time and pays for damages caused to Lessor by said Lessee, the Page 2 of Ten Pages M • 731 deposit will be refunded to Lessee. However, if Lessee does not perform all. damage covenants outlined herein, then in that event, Lessor may retain said money deposited and pursue further legal action for any damages unpaid and due Lessor. Also it is expressly agreed and provided that if any salt water or other deleterious substances shall come from or in any manner be extracted or produced from said well or as the result of any drilling operations, then Lessee, its successors and/or assigns shall not permit the same to flow on and over Lessor's land, but shall confine the same in pits or excavations adjacent to the drilling site. Lessee shall pay Lessor $3,000.00 for surface damages. 18. Notwithstanding anything to the contrary contained herein, it is agreed by and between the parties hereto that royalty paid to Lessor for gas produced hereunder shall be determined as follows: a) With regard to gas which is sold be Lessee at the leased premises or from lands pooled therewith to a third person under a bonafide Contract of Sale entered into after the discovery of gas in paying quantities, the value shall be the selling price thereof (including any premiums or allowances received by Lessee). In the event Lessee shall sell such gas to a third person and deliver same off the leased premises or lands pooled therewith, the value shall be the selling price thereof. b) With regard to gas not sold to a third person, the value shall be the fair market value thereof at the place where sold or used, when sold or used, provided however that such fair market value shall not be less than the average of the three highest prices paid for gas of a similar quality within a fifteen (15) mile radius of the well producing the gas made the basis of said royalty payments, said average to be computed as of the date of any contract for the sale of said gas and to be recomputed at.least annually thereafter. As used in this Paragraph 18, the term "third person" shall mean any person, firm, corporation or business unit not a subsidiary or affiliate of Lessee, with whom Lessee deals at arm's length and with whom Lessee has no contact or other arrangements involving an exchange of products from the leased premises for other products, or a reciprocal allowance or discount on such product. 19. Lessor's retained royalty interest under the provisions hereof will bear no part of the costs incurred in the transporting, treating, compressing, dehydrating or otherwise processing the oil, and/or gas accruing thereto under the provisions hereof, and that accordingly all monies accruing to Lessor's retained royalty interest on the production of oil and/or gas hereunder will be due and payable free of all costs of any kind or character excepting only applicable taxes thereon. 20. Notwithstanding anything to the contrary contained herein, it is understood and agreed that this lease does not cover or include uranium, uranium ores of other fissionable minerals or materials, and such minerals and materials are excepted from this lease and reserved to Lessors, their heirs and/or assigns. It being specifically' understood and agreed that this lease is limited to oil and gas or other liquid or liquifiable hydrocarbon substances, including sulfur produced in conjunction therewith. 21. Notwithstanding anything to the contrary contained Page 3 of AW Ten Pages 732 herein, it is expressly understood and agreed that Lessee will, at Lessor's option, on abandonment of any water wells Lessee might drill on the herein leased premises, where Lessor is also the Surface Owner, leave such water well with casing intact for use of Lessor, at no cost to Lessor, at Lessor's own risk. In the event such a water well is drilled and left for Lessor's usage, Lessor agrees to continue to allow Lessee to use such well from time to time as might be needed in Lessee's operations. Casing in said water well shall be four inches (4) P.V.C. 22. This lease is made and accepted by Lessee herein, subject to any valid and subsisting rights -of -ways and easements, covering the Leased Premises, or any portion thereof. 23. Lessee agrees that it will design any access route so that vehicles will remain pn Lessor's roadways and will then use the shortest route available in creating supplementary roadways to reach the desired location. Lessee shall not design its supplementary roads to cut diagonally across Lessor's land. Such supplementary roadways shall be constructed at a 90-degree angle where same intersects existing roadways. Lessee also agrees that if operations are conducted on these premises, Lessee will restore the land to the same or similar condition prior to its use, and it shall maintain such roadways used by Lessee and shall cover said existing roadways before use with limestone or other materials acceptable to Lessors at least five (5) inches thick, compacted and twelve (12) feet wide. On new roadways and turnarounds or where there is no all-weather roadway presently existing, Lessee shall cover said roadways or turnarounds before use with limestone at least eight (8) inches thick and twelve (12) feet wide. Limestone shall be used to cover said roadways or turnarounds on leased premises. After production has been established on the above tract Lessee shall deposit at least five (5) inches of limestone twelve (12) feet wide on any roads so used and continue to maintain same at said level. It is further provided that Lessee shall maintain such roadways during its use thereof, and upon abandonment of said lease, all of said roads and the material required thereon shall be in the thickness and width hereinabove set out. All road materials that may be used at the turnarounds shall be stock piled for Lessor's on Lessor's premises for Lessor's use if lease is abandoned in a manner acceptable to Lessor. However, Lessor does not have to accept all road material. 24, Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed that none of its roadways shall exceed forty (40) feet in width, however, this provision shall not impair or restrict the size of any of Lessee's drilling locations but only applies to access ways. It is further provided that any roads constructed by Lessee herein shall not be constructed in such a manner as to interfere with the natural drainage of the tract herein being leased. If Lessee commences drilling operations on premises then Lessee shall use Lessor's access roads to obtain access to said location if Lessor gives consent, which consent will not be unreasonably withheld. 25. Notwithstanding anything to the contrary contained herein, no pooled unit or units for the production of oil shall be formed on the tract herein described, it being understood by the Lessor and Lessee herein ,that1�) the Page 4 of v - Ten Pages 01 733 hereinabove described premises may not be pooled for the production of oil. 26. Notwithstanding anything to the contrary contained herein, it is understood and agreed that within ninety (90) days after this lease has expired or any portions thereof have been forfeited, Lessee or any assignee thereof shall furnish Lessors, their heirs or assigns, with a recordable release of this lease of such portions which have been forfeited by Lessee or its assigns under the terms of this lease. • 27. Notwithstanding anything to the contrary contained herein, it is understood and agreed that by the acceptance of this lease, Lessee agrees to be bound by all of the terms, covenants and conditions herein, all of which shall be deemed performable in Calhoun County, Texas. 28. Notwithstanding anything to the contrary contained herein, Lessee, its successors and/or assigns, agree to protect, indemnify and hold Lessors free and harmless from and against any and all claims, demands and causes of action of every kind and character (including the amounts of judgments, penalties, interest, court costs and legal fees incurred by Lessors in defense of same) arising in favor of governmental agencies or third parties (including employees of Lessee, its successors and assigns) on account of permits, claims, debts, personal injuries, deaths or damages to property, and without limitation by enumeration, all other claims or demands of every character occurring or in anywise incident to, in connection with or arising out of the covenants to be performed by Lessee, its successors and assigns, under and pursuant to the terms of this Lease Agreement. 29. Notwithstanding anything to the contrary contained • herein, it is expressly understood and agreed that the books and account, receipts and discharges of all wells, tanks, pools, meters, pipelines and all contracts and other records pertaining to the production transportation, sale, and marketing of the oil and gas and other minerals produced from the premises described herein shall at all reasonable times be subject to inspection and examination by Lessor or the agent of Lessor and Lessor or Lessor's agent shall not be denied the information set out therein. 30. Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed that all pipelines shall be buried at least forty-eight (48) inches below the surface of the land, and any oil and gas lines laid from a well head or well heads shall be laid parallel to and immediately adjacent to the permanent roads on said tract. 31. Notwithstanding anything to the contrary herein, it is understood and agreed by and between the Lessor and Lessee herein that Lessee shall use sufficient casing in any well that it causes to be drilled and subsequently produced on the hereinabove described property to protect the fresh water sands. • 32. Notwithstanding anything to the contrary contained herein, it is understood and agreed that in the event this Lease Agreement is assigned in whole or in part, any such assignment shall not diminish any obligation, covenant or condition to be performed by Lessee herein or any subsequent Lessees, but all Lessees shall remain responsible for the Page 5 of� Ten Pages 734 performance of all such obligations, covenants and conditions herein contained. 33. It is expressly understood and provided that the damages provided to be paid under the terms of this lease shall be payable within 60 days after written notice by Lessor to Lessee of the accrual of such damages and if such damages are not paid within 60 days from the receipt of any such notice, then such damages shall bear interest at the rate of 18% per annum from the date of accrual of such damages. 34. The first royalty payment on actual production shall be due not more than ninety (90) days from the commencement of production on any well or wells and all subsequent payments shall be due within sixty(60) days after the end of the month in which production has occurred. Should Lessee default in such payment, if Lessee does not remedy the default within thirty (30) days after Lessor notifies Lessee of the default in writing, Lessor, in addition to his other remedies, shall be entitled to liquidated damages at the rate of eighteen percent (18%) per annum on the unpaid royalties beginning with the thirty-first (31") day after sending said notice, which damages shall accumulate until the default is remedied. In no event shall said interest and/or damage payments exceed any maximum rate of interest allowed by law. Said notice to Lessee shall be deemed given when sent to Lessee named herein, or its successors by certified mail. If there is a bona fide dispute concerning the title to the premises described herein, then said penalty set out hereinabove will not apply. 35. The Lessee must notify Lessor/Surface Owner prior to any entrance on the leased premises of the date of its entry and the purpose therefor and will advise Lessor/Surface Owner of the specific location of any well drilled on the leased premises prior to moving the drilling equipment on the premises. 36. It is expressly provided that the Lessee shall be liable to Lessor for the royalty on any oil or gas and liquid hydrocarbons, along with products and by-products thereof, which may be lost or wasted due to leakage, fire or other reasons which are as a result of the Lessee's negligence or negligence of any parties operating this lease under the direction of or at the request of the Lessee, the royalty in this case to be as described with regard to production under Paragraph 40 hereof. 37. Notwithstanding anything to the contrary contained herein, the drilling of a well for the production of oil and gas will not abate any payments due Lessor, unless, such payments are abated by actual production. 38. Notwithstanding anything to the contrary contained herein, if recovery measures are undertaken _by Lessee involving floodwater operations, Lessee cannot use potable water obtained from fresh water strata located under the leased premises except as hereinabove provided. All floodwater operations and/or recovery measures must be conducted with water that cannot be used for domestic or agricultural purposes. Said premises shall not be used for the location of any well used solely for disposal purposes without Lessor's consent. 39. Upon termination of the lease, Lessee agrees, binds Page 6 of Ten Pages _11�:) ITV • • 1] 735 and obligates itself to plug any well drilled by it in accordance with the. Rules and Regulations of the Railroad Commission of Texas. In the event Lessee shall fail to plug such well in accordance with the foregoing provisions, and the Railroad Commission of Texas shall require Lessor to do so, then Lessor shall have the right to do so at Lessee's expense, and shall be entitled to recover from Lessee all expenses incurred in the plugging of any such well, together with a reasonable attorney's fee, and venue for such action shall be in Calhoun County, Texas. • 40. It is understood and agreed by and between the Lessee and the Lessor herein that Lessee shall also pay royalty to the Lessor on the basis of 1/6% or 16.666 percent (16 2/3%) of the oil and gas and liquid hydrocarbons, along with products and by-products thereof, that is/are produced and saved from said land free and clear of all expenses except applicable taxes. 41. Notwithstanding the general terms of grant contained in this lease, it is not intended to and does not include the right and privilege of Lessee to erect and maintain refining facilities, or any other extraction or treating facilities not directly related to the production, treatment, and recovery of oil, gas, sulphur, and other leased minerals from this lease only, and all such facilities shall be only those reasonably necessary for production, treatment and recovery of such leased substances from this lease. 42. In the event there is any discrepancy and/or conflict in the meaning of the language and/or covenants contained herein, the language and/or covenants that are typewritten shall control over the language and/or covenants contained in the printed portion of this lease agreement. • 43. In the event a well or wells producing oil or gas in paying quantities from a sand or formation not then producing or capable of producing in paying quantities from a well or wells drilled by Lessee on the land covered by this lease should be brought in by Lessee on adjacent land and within four hundred sixty-seven (467) feet of the leased premises, and so as to drain these premises, Lessee agrees, within ninety (90) days after the well on adjacent land drilled by Lessee starts producing and after written notice has been received from Lessor, to either drill an offset well or wells to the same producing sands or formations which have been encountered in the well on adjacent land, or release to Lessors all acreage from surface down to the same depth from which said offset well is producing covered by this lease, SAVE and EXCEPT those sands or formations found in a well or wells drilled by Lessee on this lease then producing or capable of producing in paying quantities. In any suit brought by Lessors for damages as a result of alleged drainage by an oil well drilled by Lessee within four hundred sixty-seven (467) feet of the leased premises or by a gas well within four hundred sixty-seven (467) feet from the leased premises, the burden of proof shall be on Lessee to show that no such drainage has occurred, unless Lessee has made a timely release of offsetting acreage as • provided above. Provided, however, that under the terms of this paragraph, Lessee will never be required to release any sand or formations it is currently producing from, or any productive sand or formations behind the pipe which are not being produced in the offsetting well on adjacent land. a) In the event a well or wells producing oil or gas in Page 7 of\ Ten Pages 736 paying quantities from a sand or formation not then producing or capable of producing in paying quantities from a well or wells drilled by Lessee on the land covered by this lease should be brought in on adjacent land and within nine hundred sixty (960) feet of the leased premises, and so as to drain these premises, unless the condition of • paragraph 48 (above) have been met then Lessee agrees, within ninety (90) days after the well on adjacent land starts producing and after written notice has been received from Lessor, to either drill an offset well or wells to the same producing sands or formations which have been encountered in the well on adjacent land, or release to Lessors all acreage from surface down to the same depth from which said offset well is producing from by this lease, SAVE and EXCEPT those sands or formations found in a well or wells drilled by Lessee on this lease then producing or capable of producing in paying quantities. In any suit brought by Lessors for. damages as a result of alleged drainage by an oil well brought in by a third party operator within nine hundred sixty (960) feet of the leased premises or by a gas well within nine hundred sixty (960) feet from the leased premises, the burden of proof shall be on Lessor to show that such drainage has occurred. Provided, however, that under the terms of this paragraph, Lessee will never be required to release any sand or formations it is currently producing from, or any productive sand or formations behind the pipe which are not being produced in the offsetting well on adjacent land. IT IS FURTHER PROVIDED AND AGREED between the parties hereto that in the event Lessor is required to file a suit against the Lessee herein as set out hereinabove and Lessor prevails in said suit (litigation), then in that • event Lessee will pay Lessor's attorney's fees and Court costs pertaining to said suit. 44. Notwithstanding the general terms of the grant contained in the lease, Lessee or his assigns must within 105 days after the commercial production commences from any well on the leased premises designate in writing and place same of record with the County Clerk of Calhoun County, Texas, a description of that part of the leased premises which shall be allotted to such well for production purposes no more than 40 acres in and around each well classified as an oil well by the Railroad Commission of Texas and no more than (320) unit acres, to be allotted in and around each well classified as a gas well by the Railroad Commission of Texas. Said unit shall include all 174.43 acres herein set out in said oil and gas lease. Production or operations on said allotted area by Lessee or his assigns shall maintain this lease in effect only with regard to the land within the described area. This lease shall terminate as to such other part of parts of the leased land lying outside the allotted area unless this lease is perpetuated as to such land outside the allotted area by .operations conducted thereon hereinbefore as set out in this lease or by production of oil or gas, or any such operations and such production in accordance with the provisions hereof, or, if -it be within • the primary term, or two years thereafter by production and/or such operations, shut-in payments as hereinbefore provided or by payment of annual delay rentals of such land outside of such allotted area or areas. 45. Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed that in event Lessor, herein, is required to lay any pipeline or pipelines beneath the surface of the ground, Lessee, or his agents or contractors, shall use the doubleditch method for lying any pipeline or pipelines (this method requires top soil to be Page 8 of Ten Pages 737 placed on one side of the trench and subsoil on the other. When backfilling, the subsoil shall be replaced first followed by topsoil). 46. It is agreed and stipulated that Lessee shall not move exploratory equipment on the Leased Premises, nor operate any such equipment as shall be already on the Leased Premises, following rains in sufficient amounts to soften the ground so that such operations would probably result in creating appreciable ruts or other appreciable damage to the • surface and drainage, and Lessee covenants that such operations shall not resume until the ground has dried sufficiently and to the extent that such damage shall be avoided. However, if Lessee is delayed as hereinabove set out, the time of such delay will be added onto any operation that has time restrictions or obligations. 47. It is understood and agreed by Lessee and Lessor herein that an Oil, Gas and Mineral Lease executed on even dated herewith, between the parties hereto, may be filed for record by a Memorandum of said Oil, Gas and Mineral Lease. 48. The shut-in provisions as described herein shall be applicable during and after the primary term of this lease. It is under and agreed that this lease cannot be held, maintained or extended by virtue of the shut-in gas well provisions of this lease for a longer term beyond the primary term of two (2) consecutive years, or for shorter terms at various intervals not to exceed two (2) years without actual production. Said shut-in royalty payment for the two year term shall be Three Hundred Dollars ($300.00) per month per well, payable to Lessors herein, or their heirs or assigns. 49. Notwithstanding anything herein to the contrary, if • there is no crop and Lessee plans to use only a completion rig to re-enter an old plugged. and abandoned well on the herein leased premises, then in that event, Lessee shall be obligated to pay for and/or repair all damages and restore the premises to its condition prior to its use by Lessee. However, in the event said abandoned well does become productive, Lessee shall be obligated to build a limestone road to the producing well. 50. All surface provisions contained in this lease shall apply and pertain only to those tracts wherein the Lessor owns the surface. 51. There is to be no drilling on caps (high area where old Pits used to be). 52. The herein above provisions shall take precedent over any provisions contained in the printed lease, to which the herein -additional provisions are attached. IN WITNESS WHEREOF, this instrument is executed on the date first written. LESSORS: • CALHOUN COUNTY COMMISSIONERS' COURT MICAEL BALAJ� Calhoun County Commissioner, Precinct #2 Duly Authorized Representative Page 9 of Ten Pages 1�� i38 LESSEE: REVETS CORP. BY: /OZ'V -, Duly Authorized Representative STATE OF TEXAS ){ COUNTY OF CALHOUN }{ Before me, the undersigned authority, on this day personally appeared MICHAEL BALAJKA, Calhoun County Commissioner Precinct 2, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this XZ! day of 2001. T w GEORGEFREDRHODES Notary Pu is in and f r the Notary Public, State of Texas State of Texas i My Commission Expies '�i;,.`�� Fabruary 28, 2005 THE STATE OF TEXAS }{ COUNTY OF }{ Before me, the undersigned authority, on this day personally appeared 'Rey H Sfevrf , the duly authorized representative for REVETS CORP., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this aL{ day of Sept>umbev , 2001. LAURALEALESTRADA s.t Notary Public. State of Texas ;;}i My Commission Expires Notary Public in and for the ,.,,!.�;\.• September 78, 200! State of Texas • • Page 10 of 739 Ten Pages GENERAL DISCUSSION Mr. Larry Nichols, Calhoun County Independent School District Superintendent, addressed the Court regarding security at school games. There are Chapter 41 districts in Texas that pay for their Juvenile Justice Alternative Programs through recaptured money that we would otherwise have to send out. Calhoun County and two other school districts will send out 23 million dollars this year. He read this to the Associate Commissioner of Education from a lease he had approved for another district and he agreed that Calhoun County could do that as well. A school district does not pay to send students to JJAP and because of this we can allow these other districts that we negotiated with to pay the County and the taxpayers of Calhoun county can reimburse the County for this cost of the JJAP. The school district cannot receive any benefit from that portion of that issue because that would be an attempt to board the recapture law — something we don't want to do. Since we can's pay any money for JJAP at this point, then this is a way for us to keep $103,000 in the County. He has negotiated with ten superintendents who will mail the County their purchasing attendance credits (from write-up) in May. The agreement will stand through August 2002. The school is giving the Court $103,000 for JJAP --to be used at the Court's discretion. No action was taken by the Court. NOMINATION OF APPRAISAL DISTRICT DIRECTORS This agenda item is re -scheduled for the next Court meeting. CALHOUN COUNTY EMPLOYEE CHOICE COVERAGE WITH TEXAS ASSOCIATION OF COUNTIES A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to renew the Calhoun County employee Choice Coverage with the Texas Association of Counties and authorize the County Judge to sign. Commissioners Galvan, Balajka, Floyd and Judge Pro -Tern Finster all voted in favor. • PROJECT OFFICE — This agenda item was tabled per the request of Commissioner Galvan and Mr. VanBorssum. COUNTY CLERK — MONTHLY REPORT The County Clerk presented her reports for April, May, June and July 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd and Judge Pro -Tern Finster all voted in favor. BUDGET ADJUSTMENTS — LIBRARYANDIGENT HEALTHCARE — MUSEUM . W,Ayju■W31UUs&NJ:aRuaC■■MILa IS J4:4 ka 11" a:4im awl it:41C • ram, a n� —noire r",1 ffa — JKW" Y1,1 " — l; ina 1"Ju": Yl- 1 fFJ — L' MEA1,h1N L- MANAGEMENT — SHERIFF — MOLD REMEDIATION CAPITAL PROJECT A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the following Budget Adjustments be approved. Commissioners Galvan, Balajka, Floyd and Judge Pro-Tem Finster all voted in favor. 740 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: LIBRARY (140)/INDIGENT HEALTHCARE (360) DATE: 9/13101 BUDGET FOR THE YEAR: 2001 AMENDMENT ;GLCCOUNT NO. ACCOUNT NAME AMOUNT REASON 1000-140-51930 RETIREMENT 3,920 SOME HOURLY EMPLOYEES ELIGIBLE FOR RETREMENT 1000360-60640 CARE OF INDIGENTS (3,920) (CALCULATION: 9050-(9187/17r24) 1000-14D-66622 UTILITIES-SEADRIFT LIBRARY 113 LINE ITEM TRANSFER 1000-140-65478 REPARISSEADRIFT LIBRARY (113) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 i • • 741 BUDGET AMENDMENT REQUEST 9 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: MUSEUM DATE: 9/13/01 BUDGET FOR THE YEAR: 2001 AMENDMENT AMOUNT GL ACCOUNT NO. ACCOUNTNAME REASON 1000-150-65472 REPAIRS -MUSEUM 1000-150-66612 UTILITIES -MUSEUM Total for GENERAL FUND 102 (102) LINE ITEM TRANSFER 0 NET CHANGE IN TOTAL BUDGET 0 • • 742 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court (7 From: ! is (Department making his request) Date: G —11_0 1 }} I request an amendment to the OLD 41 budget for the year following line items in my department: GL�Account _#� �70—�o�5a Account Name Net change in total budget for this department is: Other remarks/justification: Amendment Amount lT 85D F E ��11Re_a_son��Y IVC,3 oC� d SEP 1 4 2001 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): • 743 0 • • APPROVED' [LI 4 Z001 744 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: JAIL DATE: 9113101 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNTNAME AMOUNT REASON 1000.180-64910 PRISONER MEDICAL SERVICES 6,781 LINE ITEM TRANSFER 1000-180.64880 PRISONER LODGING -OUT OF COUNTY (6,781) Total for GENERAL FUND p NET CHANGE IN TOTAL BUDGET mmoo0 5�• • 745 C • 11 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: COUNTY AUDITOR DATE: 9113/01 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNT NAME AMOUNT GL ACCOUNT NO. REASON 1000-190-66476 TRAVEL IN COUNTY 114 LINE ITEM TRANSFER 1000-190-64670 PHYSICALS (40) 1000-190-64790 POSTAGE (74) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 746 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: COUNTY CLERK DATE: 9/13101 BUDGET FOR THE YEAR: 2001 ACCOUNT NAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 1000-250-61000 COMPUTER RENTALS 3,611 LINE ITEM TRANSFER 1000-250-63920 MISCELLANEOUS 1 1000-250-63830 MICROFILMING (3,612) Total Ior GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 �tkQVED SEP 1 4 2001 __. ' • 0 747 BUDGET AMENDMENT REQUEST 0 0 748 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court • From: (Department making this request) Date: O % D S p / I request an amendment to the 4::11 DO budget for the year following line items in my department: Amendment GL Account 1' Account Name A -------------- a - 65/Po iQ�oGo 1�:� ..� izs o• ss<o - S3S5�a ,�ao�, O�Y .U.css�0 /��a '• 5510-,33,4 zz s a o •• IIS -5a5so (X IAA4% LOIJI Net change in total budget for this department is: ------------ other remarks/justification: S'ct a 2001 I understand that my budget cannot be amended as requ€" a unt 1 Commissioners' Court approval is obtained. Signature of official/department head: ,e,' Date of Commissioners' Court approval: Date posted to General Ledger account(s): • 749 • • l0 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 1 DATE: 9/13101 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. - ACCOUNT NAME AMOUNT REASON 1000-54051540 TEMPORARY 2,199 REQUIRED BY PAYROLL 1000-540-51910 SOCIAL SECURITY 168 1000-540-51940 WORKERS COMPENSATION 133 1000-540-51950 FEDERAL/STATE UNEMPLOYMENT 12 1000-540.53580 PIPE 1000-540-53210 MACHINERY PARTS/SUPPLIES (2,936) 424 LINE ITEM TRANSFER Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 750 BIIDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: l.1SY . �D. l A�( M P C (Department making this request) Date: gl4101 I request an amendment following line items in GL_Account_#_ 41550 -6MI0 � -535a0 to the &01 year my department: Net change in total budget for this department is: other remarks/justification: • budget for the Amendment _ Amount 1400.00 d 3o -W 100.00 Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. signature of official/department head: 1��1wm Date of Commissioners' Court approval: tl ' wt • Date posted to General Ledger account(s): 751 0 L BUDGET AMENDMENT REQUEST I To: Calhoun County Commissioners' Court[�L n From: h ` Lu ►�i�y � i V 1 icas)aF1ei 1 'tu-ou (Department m king this request) Date: i request an amendment to the 000I budget for the following line items in my department: GL Account # Account Name Amendment ------------------------_ Amount Reason ------------------- -- 550-535ao II rubes IMO. oo ------ � s .00) Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners Court approval is obtained. Signature of official/department head: ,' nl Date of Commissioners, Court approval: Date posted to General Ledger account(s): 752 BUDGET AMENDMENT REQUEST 13• • • 753 BUDGET AMENDMENT REQUEST • 1000560-53510 IROAD & BRIDGE SUPPLIES FUND • Iq 754 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT DATE: 9113/01 BUDGET FOR THE YEAR: 2001 ACCOUNT NAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 1000-57051540 TEMPORARY 2.157 REQUIRED BY PAYROLL 1000-570-51899 WORKERS COMP ADJUSTMENTS 1,416 1000-57051409 MAINTENANCE EMPLOYEES (1,416) 1000-570-51910 SOCIAL SECURITY 165 1000-570-51940 WORKERS COMPENSATION 131 1000-570-51950 1000-570Z3510 UNEMPLOYMENT ROAD & BRIDGE SUPPLIES 12 _4Z;#" /, ad , Total for GENERAL FVND 0 0 NET CHANGE IN TOTAL BUDGET Ak SI=N 1 4 2001 f r ----___A 15e • • 755 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners, Court From: LAt (n]�J— *F • (Department making this request) Date: qi —1 1 —© I I request an amendment to the Oct budget for the year following line items in my department: l� Amendment GL Account # Account »Name ___Amount__»_ »_»»_ Reason» C000 53gJ 0 406IX 0 d L, -- �� Net change in total budget for this department is: Other remarks/justification: $ � o SEP 14 2M 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): • 756 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: EMERGENCY MANAGEMENT DATE: 9113101 BUDGET FOR THE YEAR: 2001 ACCOUNTNAME AMENDMENT AMOUNT GL ACCOUNT NO. REASON 1000-MO.60332 1000-63M6498 AUTO ALLOWANCES TRAVEL OUT OF COUNTY Total for GENERAL RIND 86 (86) LINE ITEM TRANSFER 0 NET CHANGE IN TOTAL BUDGET 0 Jcf' 1 4 2 a 110 C� • 757 BUDGET AMENDMENT REQUEST • • • J� 758 `q • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -MOLD REMEDIATION DATE: 9/13101 "1210-999-63920 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNTNAME AMOUNT REASON MISCELLANEOUS 198 LINE ITEM TRANSFERMOLD REMEDIATION (198) Total for FUND p NET CHANGE IN TOTAL BUDGET 0 9M1 fK� 759 Fund Session - Code Date i ': Fund Title '#GENERAL 1000 9/142001 FUND Total 9/142001 Total GENERAL FUND 1000 Report Total CALHOUN COUNTY, TEXAS Unposted Budget Transactions - REVENUE ADJUST. 9/14/01 Transaction Description Dept Title GL Title LINE ITEM TRANSFER REVENUE RECOVI C),q p10's Increase Decrease 1,573.00 1,573.00 0.00 1,573.00 0.00 1,573.00 0.00 OVE StP 44 2001 Y r Duc: 9/Ir20a1 • • P�gc r 0 • - Fund Effective Code Date Fund Tide 1000 i 9/142001 GENERALFUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERAL FUND 1000 91142MI GENERAL FUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERAL FUND 1000 9/142001 GENERALFUND 1000 9/142001 GENERAL FUND Ate: WIMMI •CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADJUSTTOR 9/14101 Transaction Description Dept Title SOME HOURLY EMPLOYEES ELIGIBLE FOR RETIREMENT NEW A/C FOR PORT O'CONNOR LIBRARY LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER NEW A/C FOR PORT O'CONNOR LIBRARY NEW A/C FOR PORT O'CONNOR LIBRARY LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER SOME HOURLY EMPLOYEES ELIGIBLE FOR RETIREMENT LINE ITEM TRANSFER LINE ITEM TRANSFER REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LIBRARY LIBRARY LIBRARY LIBRARY MUSEUM MUSEUM BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE JAIL OPERATIONS JAIL OPERATIONS COUNTY AUDITOR COUNTY AUDITOR COUNTY AUDITOR COUNTY CLERK COUNTY CLERK COUNTY CLERK INDIGENT HEALTH CARE DISTRICT COURT DISTRICT COURT ROAD AND BRIDGE -PRECINCT p I ROAD AND BRIDGE -PRECINCT N I ROAD AND BRIDGE -PRECINCT N 1 GL 6 .. SEP ► 4.aW LIBRARY REPABISSEADRIFF LIBRARY UTILITIESSEADRIFT LIBRARY REPAIRS -MUSEUM UTILITIES -MUSEUM BUILDING SUPPLIES/PARTS UTILITIES -COURTHOUSE AND JAIL UTB.IT7ES-COURTHOUSE ANNEX CAPITAL OUTLAY IMPROVEMENTS -JAIL PRISONER LODGING -OUT OF COUNTY PRISONER MEDICAL SERVICES PHYSICALS POSTAGE TRAVEL IN COUNTY COMPUTER RENTALS MICROFILMING MISCELLANEOUS CARE OF INDIGENTS PHOTO COPIESISUPPLIES LEGAL SERVICES -COURT APPOINTED TEMPORARY SOCIAL SECURITY WORKMENS COMPENSATION 1,000.00 113.00 113.00 102.00 102.00 3,296.00 2,056.00 1,240.00 1,850.00 850.00 6,781.00 6,781.00 40.00 74.00 114.00 3,611.00 3,612.00 1.00 3,920.00 26.00 26.00 2,199.00 168.00 133.00 Pcgc.l CALHOUN COUNTY, TEXAS., w p-z Unposted Budget Transactions - EXPEND.ADJUST.FOR 9/14/01 h t rt i ' Fund Effective Code Date Fund Title Transaction Description Dept Title ,l ('�^�ppr�y'�' GL Title 5tN 'tfi Deer me 1000 9/142001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND J FEDERAUSTATE BRIDGE-PRECINCT#1 UNEMPLOYMENT 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND GE9EgAL OFFICE SUPPLIES 29.00 BRIDGE-PRECINCT#1 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROADAND MACHINERY 424.00 BRIDGE-PRECINCT#I PARTS/SUPPLIES 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 589.00 BRIDGE -PRECINCT # 1 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND GASOLBNWOIL/DIESEUGR... 1,892.00 BRIDGE-PREC NCT # 1 I000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND LUMBER BRIDGE -PRECINCT # I 1,812.00 1000 9/14/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND PIPE BRIDGE -PRECINCT #1 2,936.00 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND JANITOR SUPPLIES 20.00 BRIDGE -PRECINCT #] 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND SUPPLIES -MISCELLANEOUS 392.00 BRIDGE -PRECINCT # I 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND RADIO MAINTENANCE 25.00 BRIDGE -PRECINCT #1 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND TELEPHONE SERVICES 2.00 BRIDGE-PRECINCT#i 1000 9/I42001 GENERAL FUND LINE ITEM TRANSFER ROAD AND RENOVATION -BUILDING 51.00 BRIDGE -PRECINCT # I 1000 9/142001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND TEMPORARY 2,064.00 BRIDGE -PRECINCT #2 1000 9/142001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND SOCIAL SECURITY 158.00 BRIDGE -PRECINCT #2 1000 9/142001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND WORKMENS 125.00 BRIDGE -PRECINCT #2 COMPENSATION 1000 9/14/2001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND FEDERAL/STATE 11.00 BRIDGE -PRECINCT 02 UNEMPLOYMENT 1000 9/142001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND ROAD & BRIDGE SUPPLIES 2,358.00 BRIDG&PRECINCT #2 1000 9/14/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 1,350.00 BRIDGE -PRECINCT #2 I000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 2,300.00 BRIDGE -PRECINCT #2 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND TIRES AND TUBES 1,350.00 BRIDGE -PRECINCT #2 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND TIRES AND TUBES 800.00 BRIDGE -PRECINCT #2 Doe: 9/13I2a01 • Ptge 2 CALHOUN COUNTY, TEXAS F Unposted BudgetTransactions - EXPEND.AD3UST.FOR 9/14(601 r. a �'O `l [R•,R,r'aa��l j Fund Effective L':P 9t(11�r11I� Code Date Fond Title Transaction Description Dept Title GL6 it,,251121ease crease1000 9/142001 GENERALFUND LINE ITEM TRANSFER ROAD AND UNIFORMS--4400.00BRIDGE-PRECINCT #2 1000 9/142001 GENERALFUND LINE ITEM TRANSFER ROADAND T IN C100.00 BRIDGE -PRECINCT #2 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 1,183.00 BRIDGE -PRECINCT #3 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND MACHINERY/EQUIPMENT 1,793.00 BRIDGE -PRECINCT #3 REPAIRS 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND MAINTENANCE EMPLOYEES 1,416.00 BRIDGE -PRECINCT 94 1000 9/14200I GENERAL FUND LINE ITEM TRANSFER ROAD AND TEMPORARY 2,157.00 BRIDGE -PRECINCT #4 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND WORKERS COMP 1,416.00 BRIDGE -PRECINCT #4 ADJUSTMENTS 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND SOCIAL SECURITY 165.00 BRIDGE -PRECINCT 04 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND WORKMENS 131.00 BRIDGE -PRECINCT #4 COMPENSATION 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND FEDERAL/STATE 12.00 BRIDGE -PRECINCT #4 UNEMPLOYMENT 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 2,465.00 BRIDGE -PRECINCT #4 t000 9/I42001 GENERAL FUND BATTERY STICKS CONSTABLE -PRECINCT 93 LAW ENFORCEMENT 80.00 SUPPLIES 1000 9/142001 GENERAL FUND BATTERY STICKS CONSTABLE -PRECINCT #3 RADIO MAINTENANCE 80.00 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER EMERGENCY AUTO ALLOWANCES 86.00 MANAGEMENT 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER EMERGENCY TRAVEL OUT OF COUNTY 86.00 MANAGEMENT 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER SHERIFF LAW ENFORCEMENT 1,022.00 SUPPLIES 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER SHERIFF SUPPLIES -MISCELLANEOUS 1,089.00 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER SHERIFF AUTOMOTIVE REPAIRS 2.501.00 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER SHERIFF MISCELLANEOUS 381.00 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER SHERIFF REPAIRS -INSURANCE 1,573.00 RECOVERY 1000 9/142001 GENERAL FUND LINE ITEM TRANSFER SHERIFF RENOVATION-C.I.D. OFFICE 9.00 AT M.M.PLAZA Total GENERAL FUND 41,063.00 39,490.00 1000 Dae'..WVMW1 Pw: 3 mt CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADJUST.FOR 9/14/01 Fund Effective Code Date Fund Tide Transaction Description Dept Title GL Title 5210 9/14/2001 CAPITAL PROJECTMOLD LINE ITEM TRANSFER NO DEPARTMENT REMEDIATION 5210 9/142001 CAPITAL PROJECTMOLD LINE ITEM TRANSFER NO DEPARTMENT REMEDIATION . Total CAPITAL PROJECTMOLD 5210 REMEDIATION Report Total MISCELLANEOUS MOLD REMEDIATION Increase Decrease 198.00 198.00 198.00 198.00 41,261.00 39,688.00 PPf?0vjE SEP 1 4 2001 Due 9/13nWl 0 0 P,g : 4 • GENERAL DISCUSSION • Commissioner Balajka said he placed an agenda item for September 28. Don McCarn would like to give a 15-minute slide presentation regarding the art museum. COUNTY TREASURER— MONTHLY REPORT The County Treasurer presented her report for August, 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that said report be accepted as presented. Commissioners Galvan, Balajka, Floyd and Judge Pro-Tem Finster all voted in favor. ACCOUNTS ALLOWED — COUNTY Claims totaling $2,373,442.80 which includes a Certificate of Deposit were presented by the County Treasurer and after reading and verifying same, a Motion was made by Judge Pro-Tem Finster and seconded by Commissioner Floyd that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd and Judge Pro-Tem Finster all voted in favor. THE COURT ADJOURNED AT 11:05 A.M. • • '�j65 SPECIAL SEPTEMBER TERM HELD SEPTEMBER 28, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 28th day of September, A.D., 2001 there was • begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pet. 1 Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. EMPLOYEE OF THE MONTH FOR SEPTEMBER, 2001 Judge Marshall announced the Calhoun County Employee of the Month for September, 2001 was Ethel Jecker who celebrated her 24 h anniversary with the Calhoun County Health Department on September 17u'. She has cared for thousands of patients and is now working on the sixth generation of same. She treats all with respect and kindness. In her commitment to the Health Department she offers support, understanding and • compassion. She was presented with a plaque. ORDERS TO ABANDON PORTIONS OF ROADS AND PARKS IN ALAMO BEACH TOWNSITE IN PRECINCT #1 Shannon Salyer, attorney for the owners of the property adjoining the streets and parks to be abandoned, said each tract has a survey and easement to the beach and drainage are ensured. There have been two public hearings on this application with no objections. A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to abandon the portions of streets and parks at Alamo Beach as so defined in the following Orders of the Court. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 28" day of September, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a 0.24acre tract of Dowling Park and a .25 acre tract, more or less, being a part of Alamo Boulevard of Alamo Beach Townsite as per Plat or Record in Volume V, Page 01, Deed Records of Calhoun County, Texas, as set out in the attached survey from David W. Gann. Terry Hargus, is the owner of the real property located adjacent to the park and road abandoned, and said park property is described as being part of the Alamo Beach Townsite, being a 0.24 ace tract more or less and a part of Dowling Park and a .25 acre tract being a part of Alamo Boulevard, adjacent to Block 58 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the public hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY . COMMISSIONERS COURT that the 0.24 and .25 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Terry Hargus on this the 28d day of September, 2001. Terry Hargus 0.24 Acre and 0.25 Acre STATE OF TEXAS COUNTY OF CALHOUN Arlene N. rshall Calhoun County Judge Part of Dowling Park And Alamo Boulevard, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. DESCRIPTION of a 0.24 acre tract, more or less, being part of Dowling Park of Alamo Beach Townsite and a 0.25 acre tract, more or less, being part of Alamo Boulevard as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas. These two tracts being more fully described as follows: Tract One: 0.24 Acre BEGINNING at a 5/8 inch iron rod with a red plastic cap set for the West comer of this 0.24 acre being described and being the point of intersection of the South line of East Fannin Street with the Northeast line of Alamo Boulevard of the aforesaid Alamo Beach Townsite. Said set 5/8 inch iron rod bears N 790 12' 41" E a distance of 76.65 feet from a 5/8 inch iron rod found marking the North corner of Block 58, Alamo Beach Townsite; THENCE, N 790 12' 41" E, passing at 84.0 feet a 5/8 inch iron with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 125.88 feet to a point for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 040 3743" W, 65.37 feet, AND S 180 16' 49" E, 40.33 feet to a point for comer; THENCE, S 550 10' 00" W, passing at 33.9 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 61.91 feet to a 5/8 inch iron rod with a red plastic cap set for corner at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, N 340 50' 00" W, with the said Northeast line of Alamo Boulevard, same being the Southwest line of Dowling Park, for a distance of 140.42 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.24 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. 11 756 Tract Two: 0.25 Acre BEGINNING at a 5/8 inch iron rod found marking the North comer of Block 58 of the Alamo Beach Townsite. Said found 5/8 inch iron rod being at the point of intersection of the Southwest line of Alamo Boulevard and the South line of East Fannin Street and being the West corner of this tract being described; THENCE, N 79e IT 41" E, a distance of 76.65 feet to a 5/8 inch iron rod with a red • plastic cap set for comer at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, S 34° 50' 00" E, with the said Northeast line of Alamo Boulevard, same being the Southwest line of Dowling Park, Alamo Beach Townsite, a distance of 140.42 feet to a 5/8 inch iron rod with a red plastic cap set for the East comer of this tract; THENCE, S 55° 10' 00" W, a distance of 70.00 feet to a 5/8 inch iron rod found for comer marking the East comer of Block 58, Alamo Beach Townsite; THENCE, N 34° 50' 00" W (Base Bearing), a distance of 171.65 feet with the Southwest line of Alamo Boulevard, to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.25 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in June 2001, and is true and correct to the best of my knowledge and belief. (D�VID N%: GANN DAVID W. GANN 03816 �vREGISTERED PROFESSIONAL LAND SURVEYOR ;."CS�)�••Oe NO.3816 ci i'Vt NOTE: 1) Bearings are based on the recorded Subdivision Plat of Alamo Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Comers are as shown on the accompanying Survey Drawing. Job No. 2540-001 • ...,s 5dry o LA VACA ExisW9 sAo'dk'v 504.37'a3"W 65.37' S18'16'49"E 0.33' xfro O SA/,/ V' 47 O 2q ACRE w HOUSTON PgNrO �° � L DOWLING PARK — qRk N10 PO.B. 4' PARK a 3 TR.1 55c5o'oo'E a0.a2'� 0 a o BOULEVARD) o e a. NSl'S0'00•W O ;n ro� (ALAMO o n /��• ACRE t` 75.00' 0+ 0.26 2 75.00' P.O.B. 171.65 TR 2 N34.50eorin (Bose Bearing) a II s 4 S $ 6 <u 75.00' L/ LLLJ 75.00' 2 BLOCK 59 r. 20' WIDE ALLEY z N V) 10 �Q BLOCK 58 o c $ $ w $ 3 15 14 13 11 /u 2 8 _ +50.00, 12 8 1 $ AVENUE ALAMO AVENUE) (HOUSTON NARCISCO CABAZOS SURVEY, A-3 I I i ALAMO BEACH TOWNSITE VOL. V, PG. Ol PLAT= e Denotes Set 518 1..R With Ptastic Cap O Denotes Fnd., 518" I.R. ( ) Denotes Recorded Ptat Name 1, DAVID W. GANN, A REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN JUNE 2001, AND THAT CORNERS ARE AS SHOWN HEREON. y�PZE S T T exgS DAVID W GANN DAVlD W. CAN •• A• • `�' REGISTERED PROFESSIONAL LAND SURVEYOR 3816 NO. 3816 NOTE: 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. TERRY HARCUS LOCCSYA-D G & W ENGINEERS, INC. IN THE NARCIS AR ZOSURVC3, ALAMO BECH TOFNSITE, CALHOUN COUNTY. TEXAS. 205 W. lIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS • ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 28'" day of September, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a 0.541 acre tract of San Antonio Park and a .321 acre tract, more or less, being a part of Alamo Boulevard of Alamo Beach Townsite as per Plat or Record in Volume V, Page 01, Deed Records of Calhoun County, Texas, as set out in the attached survey from George Ganem Jr. Margaret Carter Aguillard, is the owner of the real property located adjacent to the park and road abandoned, and said park property is described as being part of the Alamo Beach Townsite, being a 0.541 ace tract more or less and a part of San Antonio Park and a .321 acre tract being a part of Alamo Boulevard, adjacent to Lot 10 and 11, Block 41 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the public hearing and voiced any objection to the action. • IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.541 and .321 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Margaret Carter Aguillard on this the 28`' day of September, 2001. Arlene N. MArshall Calhoun County Judge 0 0.541 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.541 acre tract of land situated out of the Alamo Beach Townsite as recorded • in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of San Antonio Park as shown on said Alamo Beach Townsite Plat and this 0.541 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard at the northeast corner of a 0.321 acre tract surveyed this day for the northwest comer of the herein described tract, said iron rod being located South 100 47' 00" East (bearing basis) with the west right-of-way line of said Alamo Boulevard a distance of 450.00 feet and North 790 13' 00" East crossing said Alamo Boulevard a distance of 70.00 feet from an existing 5/8 inch iron rod at the northeast corner of Block 41 of the Alamo Beach Townsite; THENCE North 79° 13' 00" East and crossing said San Antonio Park at 59.98 feet pass a set 5/8 inch iron rod on line and continuing for a total distance of 107.25 feet to a point on the west shoreline of Lavaca Bay for the northeast corner of the herein described tract; THENCE with the shoreline of Lavaca Bay for the following courses and distances; South 26' 02' 18" East for a distance of 24.31 feet, South 22' 53' 27" East for a distance of 30.03 feet, South 11 ° 06' 57" West fora distance of 33.81 feet, South 20' 26' 22" East for a distance of 62.46 feet, and South 340 38' 11" East for a distance of 59.30 feet to a point of intersection of the • north right-of-way line of East Fannin Street with the west shoreline of Lavaca Bay at the southeast corner of the San Antonio Park for the southeast comer of the herein described tract; THENCE South 790 13' 00" West with the south line of the San Antonio Park and the north right-of-way line of East Fannin Street at 91.80 feet pass a set 5/8 inch iron rod on line and continuing for a total distance of 141.79 feet to a set 5/8 inch iron rod at the point of intersection of the east right-of-way line of Alamo Boulevard with the north right-of- way line of East Fannin Street at the southwest comer of the San Antonio Park at the southeast corner of a 0.321 acre tract surveyed this day for the southwest comer of the herein described tract; THENCE North 10' 47' 00" West with the east right-of-way line of Alamo Boulevard and the west line of said San Antonio Park for a distance of 200.00 feet to the POINT OF BEGINNING, Containing 0.541 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground • under my supervision in May 2001. S'iT F %F GI Ga&r elly Surveying, c. GE0:.AGE .. A. GANEM JR. By: George A. Ganem, Jr. . .............. 4. Psi Registered Professional Land Surveyor Cy • oSSip,�t�Q Texas No. 4681 SUM •—�)/ RS. Aguillard - 6 7® 0.321 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.321 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of Alamo Boulevard adjacent to Lots 10 & 11, Block 41 of said Alamo Beach Townsite and • this 0.321 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch iron rod in the west right-of-way line of Alamo Boulevard, at the southeast comer of Lot 9 and a northeast comer of Lot 10, Block 41 of the Alamo Beach Townsite for the northwest comer of the herein described tract, said iron rod being located South 100 47' 00" East a distance of 450.00 feet from an existing 5/8 inch iron rod at the northeast comer of Block 41 of said Alamo Beach Townsite; THENCE North 79' 13' 00" East and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of the San Antonio Park as shown on said Alamo Beach Townsite Plat, at the northwest corner of a 0.541 acre tract surveyed this day for the northeast comer of the herein described tract; THENCE South 10' 47' 00" East with the east right-of-way line of Alamo Boulevard and the west line of San Antonio Park for a distance of 200.00 feet to a set 5/8 inch iron rod at the point of intersection of the north right-of-way line of East Fannin Street with the east right-of-way line of Alamo Boulevard at the southwest comer of said San Antonio Park and the southwest comer of said 0.541 acre tract surveyed this day for the southeast corner of the herein described tract; THENCE South 791 13' 00" West and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 5/8 inch iron rod at a point of intersection of the west right-of-way line • of Alamo Boulevard with the north right-of-way line of East Fannin Street at the southeast comer of Lot 11 of said Alamo Beach Townsite for the southwest comer of the herein described tract; • THENCE North 100 47' 00" West (bearing basis) with the west line of Alamo Boulevard and the east line of said Lots 10 & 11 for a distance of 200.00 feet to the POINT OF BEGINNING, Containing 0.321 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my supervision in May 2001. �E OF T� �CPG�STF9 q� Ganem&Kelly Survey ,Inc. GEORGE A. GANEM JF. By: QGPIge A. Ganem, Jr. 1 :Q9 ..488...P.....' Registered Professional Land Surveyor �y�0FES 1 OQ� Texas No. 4681 O ... R.S. Aguillard O r` W W ti 1n 1n a k W ROD IN RO � D FOUND NORTH EAST V7 CORER OF Q BLOCK 41 W eti IRON ROD SET UNLESS OTHERWISE NOTED BEARINGS ARE BASED ON THE BEARINGS OF RECORD AS RECORDED IN VOLUME V PAGE 01 OF THE DEED RECORDS OF CALHO N COUNTY. TEXAS TINE ABOVE PLAT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROARO UNDER W SUPERVISION IN MAY 2001- ifid,d av GANEN 8 KELLY SURVEYING. INC. BY : GEORGE A. GANEN, JR. REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS NO. 4681 GANEM & KE III EAST MAIN STREET EDNA. TEXAS T7957 13611 782-3736 LAVACA BAY SAN ANTONIO PARK ALAMO BOULEVARD (70'1 S 10.47'00' E 450.00' %r b:-' ALAMO BEACH TOWNSITE ............. sai �� W VOLUME V PAGE 0I A G��'' DEED RECORDS a� FSS��OQ BLOCK 41 SHORELINE LAVACA BAY 1 S 26-02*18' E 24.31' 2 S 22-53*27' E 30.03' 3 S it'06'57' W 33.81' 4 S 2D'26'22' E 62.46' 5 S 34'38'11' E 59.30' I LOT 6 I LOT 7 I LOT 8 I LOT 9 I LOT 10 20' ALLEY PLAT SHOWING A 0.321 ACRE TRACT d A 0.541 ACRE TRACT SITUATED IN THE ALAMO BEACH TOWNSITE VOLUME PAGEOF SURVEYING, INC. CALHOUNVCOUNTY01TEEXASHE DEED RECORDS OF LANAI STREET. SUITE 5 DRAWN BY KELLY B. SCALE: 1' = 60' POINT COMFORT. TEXAS 71918 (361) 987-2011 CHECKED BY: G.A.G. DATE: 05/23/2001 APPROVED BY: G.A.G. JOB NO. PCOI-082 0.541 ACRES E 200.00' 0.32/ ACRES BEARING BASIS 17'00' W 200.00' R. S. AGUILLARO LOTS 10 A 11 LOT 11 R. S. AGUILLARD DRAWING NO. PC01-082 ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS • BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 28a' day of September, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a. 12 acre tract, more or less, being a part of Alamo Boulevard of Alamo Beach Townsite as per Plat or Record in Volume V, Page 01, Deed Records of Calhoun County, Texas, as set out in the attached survey from David W. Gann. Tom Felton, is the owner of the real property located adjacent to the road abandoned, and said property is described as being part of the Alamo Beach Townsite, being a 0.12 ace tract more or less and a part of Alamo Boulevard, adjacent to Lot 8, Block 59 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the public hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.12 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Tom Felton on this the 28`s day of September, 2001. • �- A'rlene N. Ma hall Calhoun County Judge ,73 oPart of Alamo Boulevard, And Houston Tom Felton Acre Park, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County Texas. STATE OF TEXAS 9 • COUNTY OF CALHOUN § DESCRIPTION of a 0.12 acre tract, more or less, being part of Alamo Boulevard and Houston Park, Alamo Beach Townsite as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas and is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap set for the West comer of this 0.12 acre being described and being the North corner of Lot 8, Block 59, Alamo Beach Townsite. Said set 5/8 inch iron rod also being the point of intersection of the Northwest line of said Lot 8, Block 59 with the Southwest line of Alamo Boulevard of the aforesaid Alamo Beach Townsite; THENCE, N 55° 10' 00" E, passing at 45.0 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 60.63 feet to a point for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, S 520 04' 46" E, for a distance of 66.98 feet to a point for comer in the existing shoreline of Lavaca Bay; THENCE, S 350 13' 3 V E, in a Southerly direction with the said existing shoreline • of Lavaca Bay a distance of 11.03 feet to a point for comer; THENCE, S 550 10' 00" W, passing at 10.57 feet the Northeast line of Alamo Boulevard, at 35.57 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference and for a TOTAL DISTANCE of 80.57 feet to a 5/8 inch iron rod with a red plastic cap set for corner in the Southwest line of the aforesaid Alamo Boulevard and also being the East corner of Lot 8, Block 59, Alamo Beach Townsite; THENCE, N 34° 50' 00" W (Base Bearing), a distance of 75.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.12 acre, more or less, of which approximately 293.4 Square Feet are in Houston Noun County, Park, situated in and a part of the Narcisco Cabazos Survey, A-3, The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in June 2001, and is true and correct to the best of my knowledge and belief. APSE Of t(' >f�Q�G�fA ps* • DAVIDcW..'GANN DAVID W. GANN o '38i6 " REGISTERED PROFESSIONAL LAND SURVEYOR o�'P� NO.3816 NOTE: 1) Bearings are based on the recorded Subdivision Plat of Alamo Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Corners are as shown on the accompanying Survey Drawing. 774 Job No.2547-001 i : LAVACA BAY 9 Approx. 293.4 Sq. Ft. S52'04'46"E _ �... 66.98' � o G (ALAMO a o a�P n l 7s.0o' IRO.B.: 5� 6 7 3 S35'13'31"E LIN COLN 11.03' I PARK — — — — — — — L------------ fj Q (AExisting SAwoline BOULEVARD) N34.50'00"W (Bose Beoring) ri 75.00' 75.W SLOCK 59 M'ALLEY 15 14 67 8 45$ J wQ ?7s.00' 7s.ao 96 20' moE ALLEY BLOCK W Q 150.00, x' 75.00'- K U) 0 3 g Z Q o 17 16 15 14 — 18 2 0 1 8 I I 12 1 75.00' AVENUE ALAMO AVENUE) (HOUSTON NARCI�CO CABAZOS SURVEY, A-3 I I 7ALAMO BEACH TOWNSITE� (BLOCK 95 ` VOL. I N7 PG.` 01 I BLOCK 60 I a Denotes Set 2 X 2 On Existing Shoreline e Denotes Set 518" I.R. —PLAT = 0 Denotes Fnd. 518" I.R. With Plastic Cap ( ) Denotes Retorted Plat Name I. DAVID W. CANN, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN JUNE 2001, AND THAT CORNERS ARE AS SHOWN HEREON. DAVID W.'GANN D ID W. CANN oP 38} fi' <v, " REGISTERED PROFESSIONAL LAND SURVEYOR !—•.On_ _ ta. d NO. 3816 NOTE: 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. TOM FELTON G & W ENGINEERS, INC . BEINGNARCI CO ACRE MORE SUR E LESS, SITUATED C THE NAAClSCO CABAZOS SURVEY, A-3, ALAMO BEACH I 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS TOIWNSITE, CALHOUN COUNTY, TEXAS. dwn w: O.W.O. reoorrd bv: O.W.G. dalo: 11-08-0o scnlo t' = tnn' "1' nn I.b........_ — --- ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 28`s day of September, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a. 13 acre tract, more or less, being a part of Alamo Boulevard of Alamo Beach Townsite as per Plat or Record in Volume V, Page 01, Deed Records of Calhoun County, Texas, as set out in the attached survey from David W. Gann. Justin Thompson, is the owner of the real property located adjacent to the road abandoned, and said property is described as being part of the Alamo Beach Townsite, being a 0.13 ace tract more or less and a part of Alamo Boulevard, adjacent to Lot 9, Block 59 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal • description and survey plat. No person appeared at the public hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.13 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Justin Thompson on this the 28a' day of September, 2001. Arlene N. Marshall Calhoun County Judge 776 A. P. Thompson 0.13 Acre STATE OF TEXAS COUNTY OF CALHOUN Part of Alamo Boulevard, And Houston Park, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County Texas. • DESCRIPTION of a 0.13 acre tract, more or less, being part of Alamo Boulevard and Houston Park, Alamo Beach Townsite as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas and is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a red plastic cap set for the West corner of this 0.13 acre being described and being the North comer of Lot 9, Block 59, Alamo Beach Townsite. Said set 5/8 inch iron rod also being the point of intersection of the Northwest line of said Lot 9, Block 59 with the Southwest line of Alamo Boulevard of the aforesaid Alamo Beach Townsite; THENCE, N 55° 10' 00" E, passing at 45.0 feet a 5/8 inch iron rod with an orange plastic cap set on line for reference, at 70.0 feet the Northeast line of said Alamo Boulevard and for a TOTAL DISTANCE of 80.57 feet to a point for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, S 35° IT 31" E, for a distance of 24.24 feet to a point for corner in the existing shoreline of Lavaca Bay; THENCE, S 090 59' 04" E, in a Southerly direction with the said existing shoreline of Lavaca Bay a distance of 54.84 feet to a point for comer; THENCE, S 55° 10' 00" W, passing at 32.7 feet a 5/8 inch iron rod with an orange • plastic cap set on line for reference and for a TOTAL DISTANCE of 57.70,feet to a 5/8 inch iron rod with a red plastic cap set for comer at the point of intersection of the Southwest line of the aforesaid Alamo Boulevard with the Northwest'line of East Austin (called Sunrise Avenue) and also being the East corner of Lot 9, Block,59, Alamo Beach Townsite; • THENCE, N 34° 50' 00" W (Base Bearing), a distance of 75.00 feet to the.PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.13 acre, more or less, of which approximately 393.4 Square Feet are in Houston Park, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in June 2001, and is true and correct to the best of my knowledge and belief. MOTE: Job No. 2548-001 DAVID W. GANN REGISTERED PROFESSIONAL LAND SURVEYOR NO.3816 1) Bearings are based on the recorded Subdivision Plat of Alamo Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Corners are as shown on the accompanying Survey Drawing. 777 Approx. 393.4 Sq. Ft. HOUSTON PARK (ALAMO 7s.00' F 59 6 7 75.00 _ LAVACA BAY S3F13'31"E I 9 LINCOLN 509'59'04"E PARK — — — — _ 54.84' _ — — — — — — (A ExlarMy snw,lm, BOULEVARD) u J � J O 00 f B•?/ N34'5O'OO'W (Bose Bearing) 8 9 _ L a n 75.00' 75.00' W Q 20' MADE AUEY (2 I- 3 $ 15 14 13 2 s 150.00' ALAMO (HOUSTON TBLOCK 60 75.00 10 D w 1n 11 —o __ 8 12 15oo' L 7 IMOCr 6 BLOCK 96 I S0.00' 3 aF F N 1 0 20' WIDE ALLEY 18 1 17 I 16 115 114 AVENUE AVENUE) NARCI$CO 1 CABAZOS SURVEY IA-3 A� ALAMO BEACH TOWNSITE� BLOCK 95 II I VOL. I V, PCl O 1 o Denotes Set 2 X 2TOn Existing Shoreline e Denotes Set 5/8" L R. = PL/ A 1 — O Denotes Fnd. 5/8" !. R. With Plastic Cap ( ) Denotes Recorded Plat Name !. DAVID W CANN, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN JUNE 2001, AND THAT CORNERS ARE AS SHOWN HEREON. qN DAVID W. CANN DAVID W.'GANN REGISTERED PROFESSIONAL LAND SURVEYOR " �O 3816 �r�; NO. 3816 ��;o�c soy NOTE: 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. • • • - — A. P. THOMPSON G & W ENGINEERS, INC. BEING 0.13 ACRE. MORE OR LESS, SITUATED IN THE NARCISCO CABAZOS SURVEY, A-3, ALAMO BEACH 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS TO1rNSITE, CALHOUN COUNTY, TEXAS. dwn. b . O.W.U. recom'd b . D.W.G. dale: 11-08-00 scale: 1 100' ' b no.: 2548—Ml drdwin no.: 2598001P ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS • BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 28a' day of September, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a. 12 acre tract, more or less, being a part of Alamo Boulevard of Alamo Beach Townsite as per Plat or Record in Volume V, Page 01, Deed Records of Calhoun County, Texas, as set out in the attached survey from David W. Gann. Geneva Ross, is the owner of the real property located adjacent to the road abandoned, and said property is described as being part of the Alamo Beach Townsite, being a 0.12 are tract more or less and a part of Alamo Boulevard, adjacent to Lot 4 and 5, Block 96 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the public hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.12 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Geneva Ross on this the 28`" day of September, 2001. Arlene N. Marshall Calhoun County Judge • 779 Geneva Ross 0.12 Acre STATE OF TEXAS COUNTY OF CALHOUN Part of Alamo Boulevard, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. DESCRIPTION of a 0.12 acre tract, more or less, being part of Alamo Boulevard as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas and being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the West comer of this 0.12 acre being described and being the point of intersection of the Southeast line of East Austin (called Sunrise Avenue) with the Southwest line of Alamo Boulevard of the aforesaid Alamo Beach Townsite. Said found 5/8 inch iron rod also being the North corner of Lot 4, Block 96, Alamo Beach Townsite; THENCE, N 550 10' 00" E, a distance of 32.87 feet to'a wooden 2x2 stake set for comer at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 31° 5620" E, 27.82 feet, S 37° 13' 21" E, 23.20 feet, S 33° IT 09" E, 30.41 feet, S 46° 45' 55" E, 35.87 feet, AND S 56' 05' 42" E, a distance of 36.00 feet to a wooden 2x2 stake set for corner; THENCE; S 550 10' 00" W, a distance of 52.03 feet to a 5/8 inch iron rod found for corner at the point of intersection with the Southwest line of Alamo Boulevard and being the East corner of Lot 5, Block 96, Alamo Beach Townsite; THENCE, N 340 50' 00" W (Base Bearing), with the said Southwest line of Alamo Boulevard for a distance of 150.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.12 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground suivey made under my direction and supervision in June 2001, and is true and correct to the best of my knowledge and belief. ,�pt6OF re *: P .Cf. Rep .* DAVID W: GANN DAVID W. GAN .....38W....ram:.. REGISTERED PROFESSIONAL LAND SURVEYOR �1 o�fsStO?O� NO.3816 N� SUR��✓ NOTE: 1) Bearings are based on the recorded Subdivision Plat of Alamo Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Corners are as shown on the accompanying Survey Drawing. • 0 • Job No. 2549-001 LA VA CA DAY HOUSTON PARK (ALAMO 75.00' 50 6 7 LINCOLN I h�ry�o^a h�^G(0 N P PARK Exiefinq Shoreline I I N ry '� ^ c, � h h ^i n .j .�M '� „f N W O N N V: BOULEVARD) o^� 0.12 o0 Acre N , 2= N34'50'00"W 150.00' � P. O. B.?1 Base Bearing) 5 6 7 8 4 0. 8 9 z_ Q E'-' fn 5 0D 75.00 75.00' RI OC:K 96 20' W+OE ALLEY 75.00' 7 . 75.00' W Q nf'.K �19 20' WIDE ALLEY (n r 3 14 13 2 15 8 0.00' N 0 1 0 ALAMO (HOUSTON BLOCK 60 I 7500' 75— U) 10 w o 11 12 150.00' o 3 2 1 18 I 17 I 16 115 114I AVENUE AVENUE) NARCI$CO CABAZOS SURVEY, A 3 III. ALAMO BEACH( NITE TOWSj (BLOCK 95 I II I VOL. I V, I I PG.I O1 o Denotes Set 2 X 2 On. Existing Shoreline • Denotes Set 5/8" I.R. = PL/� 1 — O Denotes Fnd. 5/8" 1.R. With Plastic Cap ( ) Denotes Recorded Plat Name I, DAVID W. CANN, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN JUNE 2001, AND THAT CORNERS ARE AS SHOWN HEREON. �PTE OF rFk DAYID W: GANN DAVID W. CANN �— RECISTERED PROFESSIONAL LAND SURVEYOR oA 3816 NO. 3816 NOTE: 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. G & W ENGINEERS, INC. BEINC ACRE, MORE LESS, SITUATED TXE I IVARCI CO NARClSCO CABAZOS SURVEY, A-3, ALAMO BEACH E C I 205 W. LIVEOAK 7-367-552-4509 PORT LAVACA, TEXAS T'OWNSITE, CALHOUN COUNTY, TEXAS. don. by, O.WD. .r 'd b . D.W.O. dale: II-Ol-00 scale: 1' = 100' b ,o 2549-001 1 '.'+49 MI %®1 A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to • abandon the portions of streets and parks at Alamo Beach as so defined in the following Orders of the Court. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 28"' day of September, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a 0.18 acre tract of Houston Park and a .24 acre tract, more or less, being a part of Alamo Boulevard of Alamo Beach Townsite as per Plat or Record in Volume V, Page 01, Deed Records of Calhoun County, Texas, as set out in the attached survey from David W. Gann. Louis Jarmon, is the owner of the real property located adjacent to the park and road is abandoned, and said park property is described as being part of the Alamo Beach Townsite, being a 0.18 ace tract more or less and a part of Houston Park and a .24 acre tract being a part of Alamo Boulevard, adjacent to Lot 4 and 5, Block 59 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the public hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.18 and .24 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Louis Jarmon on this the 28s' day of September, 2001. Arlene N. Ma hall Calhoun County Judge • 752 • Louis Jarmon 0.18 Acre and 0.24 Acre STATE OF TEXAS COUNTY OF CALHOUN Part ofHouston Park And Alamo Boulevard, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County, Texas. DESCRIPTION of a 0.18 acre tract, more or less, being part of Houston Park of Alamo Beach Townsite and a 0.24 acre tract, more or less, being part of Alamo Boulevard as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas. These two tracts being more fully described as follows: Tract One: 0.18 Acre BEGINNING at a 5/8 inch iron rod with a red plastic cap set for the West comer of this 0.18 acre being described and being the point of intersection of the Southeast line of East Lee with the Northeast line of Alamo Boulevard of the aforesaid Alamo Beach Townsite. Said set 5/8 inch iron rod bears N 55° 10' 00" E a distance of 70.00 feet from a 5/8 inch iron rod found marking the North corner of Lot 4, Block 59, Alamo Beach Townsitc; THENCE, N W I U 00" E, a distance of 45.57 feet to a point for comer at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, in a Southerly direction with the said existing shoreline of Lavaca Bay along the following courses and distance: S 32° 48' 20" E, 42.00 feet, S 55° 40' 52" E, 31.94 feet, N 73° 58' 27" E, 25.62 feet, AND S 00° 56' 04" W, 86.16 feet to a point for comer; THENCE, S 55° 10' 00" W, a distance of 29.34 feet to a 5/8 inch iron rod with a red plastic cap set for corner at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, N 34° 50' 00" W, with the said Northeast line of Alamo Boulevard, same being the Southwest line of Houston Park, for a distance of 150.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.18 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. Tract Two: 0.24 Acre BEGINNING at a 5/8 inch iron rod found marking the North comer of Lot 4, Block 59 of the Alamo Beach Townsite, Said found 5/8 inch iron rod being at the point of intersection of the Southwest line of Alamo Boulevard and the Southeast line of East Lee and being the West corner of this tract being described; THENCE, N 550 10' 00" E, a distance of 70.00 Feet to it 5/8 inch iron and with a red • plastic cap set for comer at the point of intersection with the Northeast line of Alamo Boulevard; THENCE, S 34° 50' 00" E, with the said Northeast line of Alamo Boulevard, same being the Southwest line of Houston Park, Alamo Beach Townsite, a distance of 150.00 feet to a 5/8 inch iron rod with a red plastic cap set for the East E comer of this tract; 83 THENCE, S 550 10'00" W, a distance of 70.00 feet to a 5/8 inch iron rod found for comer marking the East comer of Lot 5, Block 59, Alamo Beach Townsite; THENCE, N 34° 50' 00" W (Base Bearing), a distance of 150.00 feet with the Southwest line of Alamo Boulevard, to the PLACE OF BEGINNING; • CONTAINING within these metes and bounds 0.24 acre, more or less, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. The foregoing DESCRIPTION was prepared from an actual on the ground survey trade under my direction and supervision in November 2000, and is true and correct to the best of my knowledge and belief. DAVID W.'GANN 7- D VID W. GANN REGISTERED PROFESSIONAL LAND SURVEYOR NO.3816 NOTE: 1) Bearings are based on the recorded Subdivision Plat of Alamo Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Comers are as shown on the accompanying Survey Drawing. Job No. 1295-005 0 •14 a SqN PgR?-ON7� LAVACA BAY Existing Shwellh, DOWLING PARK (ALAMO �N t0 S55'40.52.E n N 31.94' _ 42.00' --� J RO.B. u�i O >8 AC-RR � %5 __-�� .. .snot O z4 ACRE (Bose Bearing) -- Hip A TK N 1 g, BOULEVARD) E O. B. TR 2 a 7441 L (�i j C JOCK 59 F . 20' e1DE ALLEY Z= 4� BLOCK 58 ¢f 10 I 3 $ t13 15 14 8 11 1s2 $ 12 $ 1 $ NARCISCO CABAZ S SURVEY, A-3 AVENUE ALAMO ALAMO BEACH TOWNSITE AVENUE) (HOUSTON vox.. v, PG. 01 I I Denotes Set 518" LR .m� PLA Tom- 0 Denotes Fnd 5/8•' I.R With Ptwtie Cap. ( ) Denotes Reoo7ded Plat Name 1, DAVID W CANN. A REGISTERED PROFESSIONAL LAND SURVEYOR DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN NOVEMBER 2000. AND THAT CORNERS ARE AS SHOWN HEREON. �P�E OF. 0.•01STf .9S DA ID W. GANN •�DAVID W:GANN REGISTERED PROFESSIONAL LAND SURVEYOR 0 ..381G .... N0. safe C9�,ORc s� EAR u NOTE: 1) METES AND BOUNDS DESCRIPTION PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OTHER THAN THOSE SHOWN HEREON. i G & W ENGINEERS, INC. 205 W. LIVEOAK 1-361-552-4509 PORT LAVACA, TEXAS OR LESS. SITUATED A-3, ALAMO BEACH 785 - - - -- ---- - • ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 28`" day of September, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a 0.137 acre tract of San Antonio Park and a .120 acre tract, more or less, being a part of Alamo Boulevard of Alamo Beach Townsite as per Plat or Record in Volume V, Page 01, Deed Records of Calhoun County, Texas, as set out in the attached survey from George Ganem, Jr. DonnieL. Marek, is the owner of the real property located adjacent to the park and road abandoned, and said park property is described as being part of the Alamo Beach Townsite, being a 0.137 ace tract more or less and a part of San Antonio Park and a .120 acre tract being a part of Alamo Boulevard, adjacent to Lot 7, Block 41 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records • of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the public hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.120 and .137 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Donnie L. Marek on this the 28a' day of September, 2001. Arlene N. M rshall Calhoun County Judge 0 flo 0.120 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.120 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of • Alamo Boulevard adjacent to Lot 7, Block 41 of said Alamo Beach Townsite and this 0.120 acre tract being more particularly described by metes and bounds as follows; • • BEGINNING at an existing 5/8 inch iron rod in the west right-of-way line of Alamo Boulevard, at the southeast comer of Lot 6 and a northeast comer of Lot 7, Block 41 of the Alamo Beach Townsite for the northwest comer of the herein described tract, said iron rod being located South 100 47' 00" East a distance of 224.93 feet from an existing 5/8 inch iron rod at the northeast comer of Block 41 of said Alamo Beach Townsite; THENCE North 790 16' 00" East and crossing said Alamo Boulevard for a distance of 69.93 feet to an existing 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of the San Antonio Park as shown on said Alamo Beach Townsite Plat, at the northwest corner of a 0.137 acre tract surveyed this day for the northeast comer of the herein described tract; THENCE South 100 50' 25" East with the east right-of-way line of Alamo Boulevard and the west line of San Antonio Park for a distance of 74.94 feet to a set 5/8 inch iron rod at the southwest comer of said 0.137 acre tract surveyed this day for the southeast comer of the herein described tract; THENCE South 79' 13' 00" West and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 5/8 inch iron rod in the west right-of-way line of Alamo Boulevard at the northeast corner of Lot 8 and the southeast corner of Lot 7 of said Alamo Beach Townsite for the southwest corner of the herein described tract; THENCE North 100 47' 00" West (bearing basis) with the west line of Alamo Boulevard and the east line of said Lot 7 for a distance of 75.00 feet to the POINT OF BEGINNING, Containing 0.120 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my supervision in May 2001. — & d--A�-e Ganem & Kelly Surveying, Inc. By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 Donnie L. Marek � �E•QF TF �P.• G�STt{'' •. C3. .................... M—J .. GEORG..... GANEM JR: 4681 SS A Q u 787 0.137 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.137 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being a part of San Antonio Park as shown on said Alamo Beach Townsite Plat and this 0.137 acre tract being more particularly described by metes and bounds as follows; BEGINNING at an existing 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard at the northeast comer of a 0.120 acre tract surveyed this day for the northwest corner of the herein described tract, said iron rod being located South 10° 47' 00" East (bearing basis) with the west right-of-way of said Alamo Boulevard a distance of 224.93 feet and north 790 16' 00" East crossing said Alamo Boulevard a distance of 69.93 feet from an existing 5/8 inch iron rod at the northeast corner of Block 41 of the Alamo Beach Townsite; THENCE North 790 16' 00" East and crossing said San Antonio Park at 50.11 feet pass an existing 5/8 inch iron rod on line and continuing for a total distance of 79.30 feet to a point on the west shoreline of Lavaca Bay for the northeast comer of the herein described tract; THENCE with the shoreline of Lavaca Bay for the following courses and distances; South 00° 55' 54" East for a distance of 15.81 feet, South 15° 58' 50" East for a distance of 37.87 feet, and South 32° 25' 22" East for a distance of 23.22 feet to a point for the southeast comer of the herein described tract; THENCE South 79° 13' 00" West crossing said San Antonio Park at 58.53 feet pass a set 518 inch iron rod on line and continuing for a total distance of 88.52 feet to a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of San Antonio Park at the southeast comer of a 0.120 acre tract surveyed this day for the southwest corner of the herein described tract; THENCE North 100 50' 25" West with the east right-of-way line of Alamo Boulevard and the west line of said San Antonio Park for a distance of 74.94 feet to the POINT OF BEGINNING, Containing 0.137 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my supervision in May 2001. A"/-- Ganern & Kelly Surveying, Inc. By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 Q .. ........... TF� �P••E\STE '' �' r?r 4� 9Ep9tP 4681 • • 0 788 Donnie L. Marek ti ti W W cc Q k LaJ AV' IRON ROD FOUND ~ NORTH EAST CORNER OF Q BLOCK 41 Lu Fry' IRON ROD SET UNLESS OTHERWISE NOTED BEARINGS ARE BASED ON THE BEARINGS OF RECORD AS RECORDED IN VOLUME V PAGE 01 OF THE DEED RECORDS OF CALHOUN COUNTY. TEXAS 1/ THE ABOVE PLAT WAS PREPARED FROM AN ACTUAL /\F SURVEY MADE ON THE GROUND UNDER NY SUPERVISION IN MAY 2 1. g d Aw GANEM 6 KELLY SURVEYING. INC. BY : GEORGE A. GANEM. JR. REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS NO. 4681 SHORELINE LAVACA BAY I S 00'55'54' E I5.81' 2 S 15'58'50' E 37.87' 3 S 32.25'22' E 23.22' S 10'47'00' E 224.93' 4681 Ary' IRON ROD FOUND • LAVACA BAY 1 2 I N 0 N m I 0 0./37 ACRES Li' �N F i N 10'50'25' W 74.94'V S 10'SO'25' E 74.94' 8 ^m 0.120 ACRES 0 m o ^ P O 2 N BEARING BASIS Q�0 N 10.47'00' W ss• IRON 75.00 ROD FOUND DONNIE L. MAREK VOLUME 113 PACE 70 OFFICIAL RECORDS LOT 6 j LOT 7 GANEM & KELLY SURVEYING, INC. �! 111 EAST INS STREET POINT COMFORT. STREET. SUITE 5 EDNA. TEXAS T79736 PoINT (61)9-TEXAS2011 77978 (i61) T82-3736 136U 98T-2011 Kto • SAN ANTONIO PARK ALAMO BOULEVARD ( 70' 1 I ALAMO BEACH TOWNSITE VOLUME V PAGE Of DEED RECORDS BLOCK 4/ LOT 8 ` LOT 9 I LOT 10 I LOT 11 20' ALLEY PLAT SHOWING A 0.120 ACRE TRACT 6 A 0.137 ACRE VOLUME VTRACT TPAGED01"OFHTHELDEDBRECORDS OFEACH ITE D O N N I E L. M A R E K CALHOUN COUNTY, TEXAS DRAWN BY KELLY B. SCALE: 1' = 60' DRAWING NO. CHECKED BY: G.A.G. DATE: 05/23/2001 p C 0 1- 0 8 1 APPROVED BY: C.A.G. JOB NO. PCO1-081 ORDER ON APPLICATION TO CLOSE AND ABANDON A PORTION OF A PARK AT ALAMO BEACH, CALHOUN COUNTY, TEXAS BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 28t' day of September, 2001, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a 0.185 acre tract of San Antonio Park and a .121 acre tract, more or less, being a part of Alamo Boulevard of Alamo Beach Townsite as per Plat or Record in Volume V, Page 01, Deed Records of Calhoun County, Texas, as set out in the attached survey from George Ganem Jr. Sam McCormick, is the owner of the real property located adjacent to the park and road abandoned, and said park property is described as being part of the Alamo Beach Townsite, being a 0.185 ace tract more or less and a part of San Antonio Park and a. 121 acre tract being a part of Alamo Boulevard, adjacent to Lot 8, Block 41 of the Alamo • Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the public hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.185 and .121 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Sam McCormick on this the 28a day of September, 2001 rlene N. Marshall Calhoun County Judge Li 750 0.185 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.185 acre tract of land situated out of the Alamo Beach Townsite as recorded • in Volume V, Page Ol of the Deed Records of Calhoun County, Texas and being a part of San Antonio Park as shown on said Alamo Beach Townsite Plat and this 0.185 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard at the northeast corner of a 0.121 acre tract surveyed this day for the northwest corner of the herein described tract, said iron rod being located South 10' 47' 00" East (bearing basis) with the west right-of-way of said Alamo Boulevard a distance of 299.93 feet and North 79° 13' 00" East crossing said Alamo Boulevard a distance of 70.00 feet from an existing 5/8 inch iron rod at the northeast corner of Block 41 of the Alamo Beach Townsite; THENCE North 790 13' 00" East and crossing said San Antonio Park at 29.98 feet pass a set 5/8 inch iron rod on line and continuing for a total distance of 88.52 feet to a point on the west shoreline of Lavaca Bay for the northeast corner of the herein described tract; THENCE with the shoreline of Lavaca Bay for the following courses and distances; South 530 07' 51" East for a distance of 22.05 feet, South 240 04' 47" East for a distance of 43.47 feet, and South 270 58' 21" East for a distance of 17.16 feet to a point for the southeast corner of the herein described tract; THENCE South 790 13' 00" West crossing said San Antonio Park at 83.44 feet pass a • set 5/8 inch iron rod on line and continuing for a total distance of 118.44 feet to a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of San Antonio Park at the southeast corner of a 0.121 acre tract surveyed this day for the southwest comer of the herein described tract; THENCE North 100 47' 00" West with the east right-of-way line of Alamo Boulevard and the west line of said San Antonio Park for a distance of 75.00 feet to the POINT OF BEGINNING, Containing 0.185 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description was prepared from an actual survey made on the ground under my supervision in May 2001. Fq • � Ganem c Kelly Surveying, Inc. y: eorge A. Ganem, Jr.i81QRegistered ............... . GANEM JR. ccv"'9 Professional Land Surveyor No. 4681UR� S� OQTexas Sam McCormick ;91 0.121 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 0.121 acre tract of land situated out of the Alamo Beach Townsite as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas and being'a part of Alarho Boulevard adjacent to Lot 8, Block 41 of said Alamo Beach Townsite and this 0.121 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch iron rod in the west right-of-way line of Alamo Boulevard, at the southeast corner of Lot 7 and a northeast comer of Lot 8, Block 41 of the Alamo Beach Townsite for the northwest comer of the herein described tract, said iron rod being located South 10° 47' 00" East a distance of 299.93 feet from an existing 5/8 inch iron rod at the northeast corner of Block 41 of said Alamo Beach Townsite; THENCE North 79° 13' 00" East and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 5/8 inch iron rod in the east right-of-way line of Alamo Boulevard and the west line of the San Antonio Park as shown on said Alamo Beach Townsite Plat, at the northwest corner of a 0.185 acre tract surveyed this day for the northeast comer of the herein described tract; THENCE South 100 47' 00" East with the east right-of-way line of Alamo Boulevard and the west line of San Antonio Park for a distance of 75.00 feet to a set 5/8 inch iron rod at the southwest corner of said 0.185 acre tract surveyed this day for the southeast corner of the herein described tract; THENCE South 790 13' 00" West and crossing said Alamo Boulevard for a distance of 70.00 feet to a set 5/8 inch iron rod in the west right-of-way line of Alamo Boulevard at the northeast corner of Lot 9 and the southeast comer of Lot 8 of said Alamo Beach Townsite for the southwest corner of the herein described tract; THENCE North 100 47' 00" West (bearing basis) with the west line of Alamo Boulevard and the east line of said Lot 8 for a distance of 75.00 feet to the POINT OF BEGINNING, Containing 0.121 acre of land. Bearings are based on bearings of record as recorded in Volume V, Page 01 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description The above legal description was prepared from an actual survey trade on the ground under my supervision in May 2001. A-O&U-� Ganem & Kelly Surveying, Inc. By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 ............................ GEORGE A. dxNEM JR. ........................... _-:% 4681 .a. • • LJ Sam McCormick 792 O Lu W L1; In Q k LU Ls IRON ROD FOU ND I` NORTH EAST CORNER OF Q BLOCK 41 W 0 Mti IRO! ROD SET UNLESS OTHERWISE NOTED BEARINGS ARE BASED ON THE BEARINGS OF RECORD AS RECORDED IN VOLUME V PAGE 01 OF THE DEED RECORDS L OF CALHOUN COUNTY. TEXAS /\L THE ABOVE PLAT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION IN MAY 2001. GANEM 8 KELLY SURVEYING. INC. BY : GEORGE A. GANEM. JR. REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS NO. 4681 ' c� 0� LAVACA BAY SHORELINE LAVACA BAY 2 3 I S 53.07'51' E 2 S 24.04'47' E 43. 47' 3 S 21.58'21• E 17.16' 1 ' v s 0.185 ACRES w O SAN ANTONIO PARK 0 p 2 N LLI N 10.47'00' W 75.00'' ' S 10.4700' E 75.00' w i T (n 0 00 0 0.12/ ACRES 00 o ALAMO BOULEVARD ( 70' 1 2 2 2 S 10.47'00' E I 299.97' BASIS N Q LL R 10.47'00' W N 10-47 75.00 1n Q OF ,(E TR W �� R•cb�ys Q�o�� iEpRCaEA GANEMJR. SM 44 OE V0.UME 144aPPAGE T00 A ALAMO BEACH TOWNSITE 4681 OFFICIAL RECORDS VOLUME V PAGE 0/ �99�FESS)�aPOQ DEED RECORDS SUFN� BLOCK 4/ LOT 6 GANEM & KELLY SURVEYING IN III EAST MAIN STREET LAMAR STREET. SUITE 5 EDNA. TEXAS 77957 POINT COMFORT. TEXAS IT978 (361) 762-3736 (361) 98T-2011 LOT 7 1 LOT 8 VLAI SHUWING A 0.121 TRACT SITUATED IN THE VOLUME V PAGE 01 OF T CALHOUN COUNTY, TEXAS DRAWN BY KELLY B. CHECKED BY: G.A.C. APPROVED BY: G.A.G. LOT 9 LOT 10 20'ALLEY RACT d A 0.185 ACRE BEACH TOWNSITE SCALE: 1' = 60' DATE: 05/23/2001 JOB NO. PCOI-080 LOT 11 SAM McCORMICK DRAWING NO. PCO1-080 MEMORIAL MEDICAL CENTER — MONTHLY FINANCIAL REPORT The Memorial Medical Center monthly financial report was given by W. Saad Mikhail. Commissioner Floyd questioned the big difference in inpatient and outpatient revenue. Mr. Mikhail said a budget was done for the year 2001 and in the first three months of 2000 when there was a new doctor and it was estimated that revenue would rise but it did not. Mr. Buzz Currier, hospital administrator, stated they would continue to monitor the environment, meet changing conditions and reduce expenses. They closed the safety testing operation but the services are still available in the county — a savings of $95,000 a year. They received the $58,170 grant from the TIF fund. A local anonymous complaint was received from a disgruntled employee concerning dialysis. After a survey, the director of the department and one other person were terminated. The complaint was determined to be unsubstantiated. The demand for dialysis is greater because people now come here instead of going to Victoria. The hospital board has extended Mr. Currier's contract for one year. MEMORIAL MEDICAL PLAZA Judge Marshall said the Memorial Medial Center Board has asked that representatives of the Court work with them regarding Memorial Medical Plaza. Judge Marshall appointed Commissioners Floyd and Galvan and County Auditor Ben Comiskey as a committee to work on this. Mr. Currier will advise Mr. Reyes, Board Chairman, and then arrange the meeting. The representatives of the Court will work with representatives of the hospital board: Rolando Reyes, Larry Korenek, Bob Bonar and Neil Fritch. PURCHASE X-RAY ROTATOR FOR MEMORIAL MEDICAL CENTER Buzz Currier, hospital administrator, stated that the hospital has the approval to purchase a rotator for GE Corporation for $24,999. BE is the only manufacturer of this unit. They will sell it to us for $30,000. Another $5,000 is needed to purchase this unit. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to approve a $5,000 increase for the purchase of an X-ray rotator for Memorial Medical Center from GE Corp. as a single source item. Commissioners Galvan, Balajka, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to declare the total project substantially complete; declare the work done by Sylva Construction complete on the contract at Memorial Medical Plaza parking lot, resulting from a contract default by Ken's Construction; and authorize the law firm of Houston, Marek and Griffin to proceed with collection of the balance of the funds from the bonding company. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. EXECUTIVE SESSION — CONSULTATION WITH ATTORNEY The court being in open session, the County Judge as presiding officer, publicly announced that Commissioners' Court would go into a closed meeting as authorized by Chapter 511 of the Texas Government Code, Section 551.077 for the purpose of private consultation between the governing body and its attorney when the governing body seeks the attorney's advice with respect to pending or contemplated litigation, settlement offers, and matters where the duty of the governing body's counsel to his client pursuant to the Code of Professional Responsibility to the State Bar of Texas conflicts with the Act. (Discussion will include matters related to actions and claims of Mr. Leonard Kunefke, Jr. regarding certain properties in the Sunilandings Subdivision of Port Alto). The Court then went into closed session at 10:31 A.M. • • 794 The Judge reopened the meeting to the public at 11:13 A.M. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to authorize Commissioner Floyd to work with the law firm of Houston, Marek and Griffin in response to Mr. Leonard Kunefke, Jr.'s actions and claims regarding certain properties in the Sunilandings Subdivision of Port Alto. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Mr. John Griffin with the firm of Houston, Marek and Griffin stated that Mr. Leonard isKunetke has sent letters to property owners at Port Alto stating he has purchased some canals from Calhoun County. Mr. Griffin wants to make it clear that any claims that Mr. Kunefke makes as to his ownership should be checked and the citizens should be fully informed as to the County's position on this matter so as to protect owner's rights. Mr. and Mrs. McCord ofPort Alto were present at the meeting. PROJECT COOPERATION AGREEMENT WTI'H TEXAS GENERAL LAND OFFICE The Project Cooperation Agreement Amendment between the Texas General Land Office and Calhoun County was tabled. Commissioner Floyd said the General Land Office is making an addendum, which should be received next week. AGREEMENT FOR JAIL FEASIBILITY STUDY WITH FACILITY PROGRAM MANAGEMENT INC. Judge Marshall stated the report from the Jail Feasibility Study Committee should be corrected on page 12, Section 10.4.1 to read "District Court" instead of "Circuit Court." A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to authorize the County Judge to enter into an agreement with Facility Programs Management, Inc. for the Jail feasibility study with the change so indicated. Commissioner Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. JAIL FEASIBILITY STUDY COMMITTEE CALHOUN COUNTY, TEXAS September 24, 2001 Judge Arlene Marshall Commissioners Court Calhoun County, Texas 211 South Ann Port Lavaca, Texas 77979 Dear Judge and Commissioners Court: Please find enclosed two copies of the contract for the jail study with the Facilities Group. Also enclosed is a copy of their fee proposal. • The committee is agreeable with this draft of the contract. They have redrafted the contract several times to incorporate what we wanted so as to focus the study to our county's particular needs. The fee proposal is down from their original price of $48,000.00 and the committee feels like this is the best we can do. 795 Please execute both copies of the contract and return to Mr. Bill Garnos, return envelope enclosed. He will return an executed contract for your files. Please make a copy of the fully executed contract for the committee.. We can then get the study in motion. We would ask that Court to please advise the Sheriffs Department, County Auditor and any other appropriate department and ask for their full and expeditious cooperation with the study. The low cost we were able to negotiate is based on your committee committing to the in a timely manner. Facilities Group that they will be able to get the in they need Thank you for your consideration of this matter. WHS/kc Enclosure 7Sin rely, W. H. Bauer, Jr. Chairman Jail Feasibility Committee AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT made this 7' day of August, 2001 by and between Calhoun County (the "Owner"), 211 South Ann Street, Port Lavaca, Texas 77979, and Facility Program Management Inc. (the "Consultant"), 2233 Lake Park Drive, Smyrna, Georgia 30080. The Owner and the Consultant hereby agree as set forth hereinbelow. ARTICLE 1 PROJECT _ The term "Project" as used in this Agreement shall mean a Feasibility Study of the Calhoun County Jail located 211 South Ann Street, Port Lavaca, Texas. ARTICLE 2 RELATIONSHIP OF PROJECT PARTICIPANTS 2.1 Owner and Consultant The Consultant shall be the agent of the Owner in providing the services required to be performed under this Agreement by the Consultant. The Consultant and the Owner shall perform as stated in this Agreement in respect to the Project, and the Consultant and the Owner each accepts the relationship of trust and confidence between them which is established herein. 2.1.1 Standard of Care The Consultant covenants with the Owner to furnish its professional skill and judgment with due care in accordance with the generally accepted standards of practice of those performing like services, in accordance with applicable federal, state and local laws and regulations in effect on the date of this Agreement and in cooperation with, and in reliance upon, the information, work and/or services to be provided or performed by the Owner in connection with the Project. The Consultant agrees to furnish efficient business administration and management services pursuant to the terms of this Agreement and to use its professional efforts at all times in an expeditious and economical manner consistent with the interests of the Owner. 2.2 Relationship of Consultant to Other Proiect Participants In providing the services required to be provided under this Agreement by the Consultant, nothing in this Agreement shall be construed to mean or imply that the Consultant assumes any of the responsibilities or duties typically undertaken by an architect or a contractor. If, however, any of the services under this Agreement are performed by a registered architect or contractor, those services will • • 1r u 796 be provided in accordance with the typical level of professionalism of the profession, provided that Owner acknowledges and agrees that such registered architect or contractor is not providing professional architectural or contractor services in connection with the study that is being performed by Consultant • pursuant to this Agreement. ARTICLE 3 SERVICES OF CONSULTANT 3.1 Basic Services The Consultant shall perform the Basic Services described in Exhibit A attached to and made a part of this Agreement. 3.2 Additional Services 3.2.1 At the request of the Owner, the Consultant shall perform Additional Services under this Agreement and shall be compensated for the performance of any Additional Services requested by the Owner as provided in Article 4 of this Agreement. The Consultant shall perform Additional Services only after the Owner and the Consultant have executed a written amendment to this Agreement specifically providing for the performance by the Consultant of such Additional Services. The Owner may, in its sole discretion, choose to secure additional services directly from sources other than the Consultant and/or outside of this Agreement. Additional Services to be performed by the Consultant may include: • 3.2.1.1 Services related to the verification of the accuracy of existing drawings or other information famished by the Owner or others; 3.2.1.2 Preparation of schematic drawings or other designs depictions of buildings or site improvements; 3.2.1.3 Preparation of a financial feasibility study relating to the Project; 3.2.1.4 Preparation of financial, accounting or management information system reports not required to be performed by the Consultant as part of Basic Services; 3.2.1.5 Performance of technical inspection and testing; 3.2.1.6 Preparation of operating and maintenance manuals; 3.2.1.7 Services related to the recruiting or training of maintenance personnel; -2- • 797 r. 3.2.1.8 Services related to major claims analysis requiring other than normal change order review procedures; 3.2.1.9 Preparation of detailed analyses of one or more of the alternatives presented in the final report to be provided hereunder as part of Basic Services; 3.2.1.10 Consultation regarding the replacement of any work damaged by fire or other peril and furnishing of services in connection with any such replacement; 3.2.1.11 Preparation of a detailed preliminary cost estimate, project timelines, or programmatic support documentation; 3.2.1.12 Preparation for and serving as a witness in connection with any public or private hearing or arbitration, mediation or legal proceeding, provided however that the Consultant shall, as part of Basic Services and not as an Additional Service, prepare for and serve as a witness in connection with any public or private hearing or arbitration, mediation or legal proceeding in which the Consultant shall be a claimant or respondent and/or in which the fault or alleged fault of the Consultant is an issue; and 3.2.1.13 Other services not expressly required hereunder to be performed by the Consultant as a • part of Basic Services. ARTICLE 4 COMPENSATION AND PAYMENT OF CONSULTANT 4.1 Compensation for Basic Services The Owner shall pay the Consultant Compensation for Basic Services in accordance with the terms and conditions of this Agreement as follows: 4.1.1 Compensation for Basic Services shall be a fixed fee of $22,800, plus actual travel and other expenses, up to an estimated maximum of $3,567, which includes reimbursable expenses for airfare, lodging, meals, rental car, telephone and mail, copying and printing, which compensation shall be subject to adjustments as specifically provided for herein. 4.1.2 Compensation for Additional Services The Owner shall pay the Consultant for Additional Services performed hereunder an amount equal to the aggregate of the following sums: 4.1.2.1 A sum equal to the base hourly rate paid to personnel of the Consultant, including • without limitation program managers, project managers, architects, engineers, estimators, schedulers, and administrative personnel, for the time actually spent by such personnel in performing program 3- management services beyond Basic Services as described in Paragraph 3.1 and as further enumerated in Exhibit A annexed hereto and made a part hereof. For purposes of calculating the amount of any payment for Additional Services, the base hourly rate applicable to personnel of the Consultant shall not • exceed the following base hourly rates: Project Executive $150 Project Manager $120 Planner $100 Programmer $100 Architect $110 Estimator $100 Secretary/Administrative Support $ 50 4.1.2.2 A sum equal to the amounts payable by the Consultant to consultants approved by the Owner for the performance by such consultants of Additional Services. 4.1.2.3 A sum equal to other incidental expenses incurred by the Consultant in performing Additional Services if and to the extent such expenses are approved in writing by the Owner. 4.1.3 Reimbursable Expenses The term "Reimbursable Expenses" as used in this Agreement shall mean those costs reasonably and necessarily incurred in the proper performance by the Consultant of Basic Services and Additional Services and identified hereinbelow in the following clauses. Reimbursable Expenses for Additional Services shall be in addition to compensation for Basic Services and shall be at rates not • higher than the standard paid in the locality of the Project, except with the prior consent of the Owner. 4.1.3.1 Expenses in connection with authorized out-of-town travel, long-distance communications and fees paid for securing the approval of governmental authorities having jurisdiction over the Project. 4.1.3.2 Expenses of copying, mailing and handling of documents. 4.1.3.3 If authorized in advance by the Owner in each instance, expenses of overtime work requiring higher than regular rates. 4.1.34 Expenses for the production of renderings, models and mock-ups requested by the Owner. 4.1.3.5 Expenses of additional insurance coverage or limits, including professional errors and omissions insurance, requested by the Owner in excess of that specified in Paragraph 8.12. i 799 4.1.4 Applications for Payment Consultant shall on a monthly basis submit applications for payment to Owner for Basic Services and Additional Services performed during such month and for Reimbursable Expenses incurred during such month, all in a form and containing the actual number of hours worked on the Project by individual employees of the Consultant, itemized listing of expenses and additional information as may reasonably be requested by Owner. 4.1.5 Payment Provided that the Consultant submits an application for payment hereunder reasonably in accordance with this Agreement and is then reasonably in compliance with the terms and conditions of this Agreement, the Owner shall pay all amounts applied for in such application within forty days after the receipt by the Owner of such application. Applications for payment submitted hereunder by the Consultant is subject to the review and approval of the Owner. If the Owner should dispute any amount included in any application for payment submitted hereunder by the Consultant, the Owner shall pay, in accordance with the terms of this Agreement, any amounts included in such application and not disputed. Interest shall accrue hereunder to the Consultant at the legal rate if and to the extent that amounts included in an application for payment properly submitted hereunder by the Consultant remain unpaid by the Owner for more than forty days after the receipt by the Owner of such application, provided however that, if the Owner should dispute any amount included in any such application, no such interest shall accrue hereunder to the Consultant in respect to the disputed amount until the dispute shall be settled. 4.1.6 Withholding of Payments No deductions shall be made from any amounts payable hereunder to the Consultant on account of any penalty, liquidated damages, retainage or other sums claimed or withheld by Owner from payments to the Architect, the Contractor or others, provided however that the Owner shall be entitled to withhold amounts payable hereunder to the Consultant to the extent that such amounts are the subject of a bona fide dispute between the Owner and the Consultant. 4.2 Accountine Records of Consultant 4.2.1 Records pertaining to Reimbursable Expenses incurred by the Consultant and records pertaining to the performance by the Consultant of Additional Services shall be maintained on the basis of generally accepted accounting practices and shall be available for inspection by the Owner or the representatives of the Owner at mutually convenient times for a period of two years after the completion of the Project. -5- U ism ,1 e ARTICLE 5 DURATION OF BASIC SERVICES • 5.1 It is contemplated that the duration of Basic Services required to be performed under this Agreement by the Consultant shall be four (4) consecutive calendar months from the date of this Agreement. 5.1.1 The commencement date for the performance of Basic Services by the Consultant shall be the date of this Agreement referenced on page 1 hereof. ARTICLE 6 RESPONSIBILITIES OF OWNER 6.1 The Owner shall provide to the Consultant complete information regarding the requirements of the Owner for the Project. 6.2 The Owner or the authorized representatives of the Owner shall examine information submitted from time to time by the Consultant and shall render decisions pertaining thereto promptly. 6.3 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 6.4 The Owner shall furnish legal, accounting and insurance counseling services as may be necessary for the Project. 6.5 The Owner shall furnish insurance for the Project as specified in Paragraph 8.2. 6.6 If the Owner observes or otherwise becomes aware of any fault or defect in the Project, the Owner shall give prompt written notice thereof to the Consultant. 6.7 The Owner shall furnish required information and approvals and carry out any obligations required to be performed by the Owner in respect to the Project in a timely manner to facilitate the orderly progress of the Project in cooperation with the Consultant and in accordance with applicable scheduling and budgeting requirements pertinent to the Project. 6.8 The Owner shall designate an officer, employee or other authorized representatives to act for and on behalf of the Owner with respect to the Project. Unless the Owner notifies the Consultant to the contrary in writing, the representative of the Owner for the Project shall be Arlene Marshall, Calhoun County Judge, who shall have the authority to approve changes in the scope of the Project within guidelines reasonably established by the Owner that are consistent with Calhoun County Board of Commissioners Rules and shall be available during normal business hours and as often as may be • 301 reasonably required to render decisions and to furnish information pertaining to the Project in a timely manner. Nothing herein shall require the Consultant to interpret said guidelines of the Owner or Calhoun County Board of Commissioners Rules, nor shall the Consultant be required to determine whether the representatives of the Owner are acting in accordance therewith. 6.9 The services, information and reports required by this Article to be provided by the Owner shall be furnished at the expense of the Owner, and the Consultant shall be entitled to rely upon the accuracy and completeness of such services, information and reports. ARTICLE 7 CHANGES IN BASIC SERVICES AND ADDITIONAL COMPENSATION 7.1 Owner Chances 7.1.1 The Owner, without invalidating this Agreement, may in writing make changes in the Basic Services required to be performed under this Agreement by the Consultant. The Consultant shall, promptly and within fifteen days after becoming aware of any actions by the Owner that would increase or decrease the compensation payable hereunder to the Consultant or extend the duration of the Basic Services required to be performed under this Agreement by the Consultant, notify the Owner of such actions. 7.1.2 Additional Compensation and Extension of Duration The Consultant shall be entitled to receive additional compensation when the scope or duration of Basic Services is increased or extended through no fault of the Consultant. It is expressly understood by the Owner and the Consultant that the duration and scope of this Agreement shall not be increased or extended without the mutual agreement of the parties. If the scope of Basic Services is increased or the duration of Basic Services is extended, the Consultant shall be entitled to receive additional compensation. A written request for additional compensation shall be given by the Consultant to the Owner promptly and in any event within fifteen days after the occurrence of any event giving rise to such request. The amount of any additional compensation to be paid to the Consultant shall be equitably determined on a basis consistent with the provisions of Article 4. 7.1.3 Changes in Basic Services Changes in Basic Services required to be performed under this Agreement by the Consultant and the entitlement of the Consultant to any additional compensation shall be made only by a written amendment to this Agreement executed by the Owner and the Consultant. Any such an amendment shall be executed by the Owner and the Consultant prior to the performance by the Consultant of any services required by any such amendment. -7- • 002 e 7.1.4 Payment of Additional Compensation The Consultant shall submit applications for payment for any additional compensation to • the Owner together with applications for payment for Basic Services and Additional Services, and payments on account of additional compensation owed by the Owner to the Consultant shall be made pursuant to the provisions of Article 4. ARTICLE 8 INSURANCE AND MUTUAL INDEMNITY 8.1 Insurance Provided by Consultant 8.1.1 The Consultant shall purchase and maintain insurance as shall protect the Consultant from the claims set forth below that may arise out of or result from the performance by the Consultant of services under this Agreement; 8.1.1.1 Claims under workers' compensation, disability benefit and other similar employee benefit acts; 8.1.1.2 Claims for damages because of bodily injury, occupational sickness, disease or death of any employee of the Consultant; 8.1.1.3 Claims for damages because of bodily injury, sickness, disease or death of any person other than an employee of the Consultant; 8.1.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Consultant or (2) by any other person; 8.1.1.5 Claims for damages because of injury to or destruction of tangible property; and 8.1.1.6 Claims for damages because of professional errors and omissions. 8.1.2 The commercial general liability insurance, automobile liability insurance and professional errors and omissions insurance of the Consultant, shall be written for not less than the following limits of liability: • 003 • a. Commercial General Liability 1. Personal Injury: $2,000,000 Each Occurrence $2,000,000 Annual Aggregate Claims 2. Property Damage $2,000,000 Each Occurrence $2,000,000 Annual Aggregate Claims b. Comprehensive Automobile Liabilitv Bodily Injury $2,000,000 Each Person $2,000,000 Each Occurrence . 2. Property Damage: $2,000,000 Each Occurrence C. Professional Errors and Omissions $2,000,000 Annual Aggregate Claims 1 000 000 Each Claim 8.1.3 Commercial general liability insurance may be obtained by the Consultant under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an excess or umbrella liability policy. 8.1.4 The foregoing insurance policies shall contain a provision that coverages afforded under such policies shall not be canceled or expire until at least thirty days written notice has been given to the Owner and, except for insurance coverages relating to worker's compensation, employer's liability and professional errors and omissions,. the foregoing insurance policies shall include either a liability endorsement covering this Agreement or an endorsement making the Owner an additional insured under such policies. Certificates of insurance showing that such coverages are in force shall be filed with the Owner prior to commencement of the Basic Services required to be performed under this Agreement by the Consultant. • M 804 o 8.2 Insurance Provided by Owner 8.2.1 The Owner shall be responsible for its own liability insurance and, at its option, may • purchase and maintain such insurance as will protect the Owner against claims which may arise from operations under this Agreement. 8.3 Notices 8.3.1 Upon the request of the Owner, the Consultant shall provide the Owner with copies of all insurance policies and certificates obtained in connection with the Project. 8.4 Waiver of Subrogation 8.4.1 The Owner and the Consultant waive all rights against each other for damages occurring during the Project to the extent covered by insurance. The Owner and the Consultant shall each require similar waivers in favor of the Owner and the Consultant from all parties retained by, through or under each in connection with the Project. 8.5 Indemni 8.5.1 The Consultant agrees to indemnify and hold harmless the Owner and its employees, agents and representatives from and against any and all claims, demands, suits and damages for bodily injury and property damage that arise out of or result from the negligent or wrongful acts or omissions of the Consultant or any party for whose negligent or wrongful acts or omissions the Consultant may be responsible, including without limitation any party retained by, through and/or under the Consultant. 8.5.2 The Owner agrees to indemnify and hold harmless the Consultant and its employees, agents and representatives from and against any and all claims, demands, suits and damages for bodily injury and property damage that arise out of or result from the negligent or wrongful acts or omissions of the Owner and/or any party for whose negligent or wrongful acts or omissions the Owner may be responsible, including without limitation any party retained by, through or under the Owner, provided however that the Owner shall not be deemed hereunder to be responsible for any acts or omissions of the Consultant or any party retained by, through or under the Consultant. ARTICLE 9 TERMINATION AND SUSPENSION 9.1 Termination 9.1.1 This Agreement may be terminated by the Owner upon fifteen days' prior written notice to the Consultant without cause. Further, this Agreement may be terminated by either the Owner or the Consultant upon seven days' prior written notice to the other should the other fail substantially to -10- • 005 perform in accordance with the terms and conditions hereof or if all or a substantial part of the Project is stopped for a period of sixty days under an order of any court or other public authority having jurisdiction over the Project or as a result of a governmental act. 9.1.2 In the event of any termination of this Agreement which is not the fault of the Consultant, the Consultant shall be paid all amounts payable hereunder to the Consultant in respect to services performed through the date of such termination. 9.1.3 In the event the Consultant is in default .under this Agreement and this Agreement is terminated by the Owner pursuant to Paragraph 9.1.1, the Owner shall be required to pay the Consultant only for those services which have been properly rendered hereunder by the Consultant and for any Reimbursable Expenses reasonably incurred hereunder by the Consultant in rendering such services. 9.2 Suspension 9.2.1 The Owner may in writing order the Consultant to suspend all or any part of the services required to be performed under this Agreement by the Consultant for the convenience of the Owner or for any work stoppage beyond the control of the Owner or the Consultant. If the performance of all or any part of the services required to be performed under this Agreement by the Consultant is so suspended, an adjustment in the compensation payable hereunder to the Consultant shall be made for the increase, if any, in the cost of the performance by the Consultant of Basic Services and Additional Services caused by such suspension and this Agreement shall be amended in writing accordingly by the Owner and the Consultant on account of such adjustment. 9.2.2 In the event that the services required to be performed under this Agreement by the Consultant are suspended by the Owner, the Owner shall during any such suspension period reimburse the Consultant for all costs incurred by the Consultant up to the date of suspension in performing Basic Services or Additional Services and for all costs and expenses of the Consultant directly attributable to such suspension. The Consultant shall reduce the size of its staff during any suspension period as reasonably directed by the Owner and during such period the Owner shall reimburse the Consultant for all costs attributable to the reduced staff of the Consultant. Upon the cessation of any such suspension period, the Consultant shall promptly restore its staff to its former size. 9.2.3 Persons assigned to another project during any such suspension period and not available to perform services in respect to the Project upon the cessation of any such suspension period shall be replaced by the Consultant. 9.2.4 If the Project is resumed after being suspended for more than six months, the Consultant shall have the option of requiring that the compensation, including rates and fees, payable hereunder to the Consultant be adjusted for the increase, if any, in the cost of performance by the Consultant of Basic • Services of Additional Services caused by such suspension. Subject to the provisions of this Agreement, a suspension of the Project shall not terminate this Agreement. -11- ARTICLE 10 ADDITIONAL PROVISIONS • 10.1 Confidentialitv 10.1.1 The Consultant shall not disclose or permit the disclosure of any confidential information pertaining to the Project, except to those parties as the Owner may direct by written notice to the Consultant. 10.2 Hazardous Materials 10.2.1 Unless otherwise provided in this Agreement, the Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site of the Project, including but not limited to asbestos, asbestos products, polychlorinated biphenyl or other toxic substances. 10.3 Assignment 10.3.1 This Agreement shall be binding upon and inure to the benefit of the Owner and the Consultant and the respective successors and assigns of the Owner and the Consultant. 10.3.2 Neither the Owner nor the Consultant shall assign or transfer any interest in this Agreement without the prior written consent of the other. • 10.4 Governing Law 10.4.1 This Agreement shall be governed under the laws of the State of Texas and is made at Calhoun County, Texas and venue for any legal action to enforce the terms of this Agreement will be in the Calhoun County Circuit Court. 10.5 Extent of Agreement 10.5.1 This Agreement represents the entire and integrated agreement between the Owner and the Consultant in respect to the Project and supersedes all prior negotiations, representations or agreements, either written or oral, between the Owner and the Consultant. This Agreement may be amended only by written instrument signed by both the Owner and the Consultant. Nothing contained in this Agreement is intended to benefit any third party. 10.6 Severability 10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provision. -12- • 007 10.7 Notices 10.7 .1 All notices or other communications required or permitted by this Agreement to be given to the Owner or the Consultant shall be deemed to have been given when made in writing and deposited in the United States mail, certified mail return receipt requested, postage prepaid, addressed as follows: To the Owner: Calhoun County 211 South Ann Street Port Lavaca, Texas 77979 Attention: Arlene Marshall, County Judge To the Consultant: Facility Program Management, Inc. 2233 Lake Park Drive Smyrna, Georgia 30080 Attention: Robert L. Moultrie 10.8 Non-Discrimination/Affirmative Action 10.8.1 The Owner is committed to equal employment opportunity and is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental handicap in regard to any position for which qualified. Acceptance of any contract or purchase order will constitute your agreement that you will not discriminate against any employee or applicant for national origin, age or physical or mental handicap in regard to any position for which qualified. In the event of non-compliance with the non-discrimination clause, any purchase order or contract may be canceled, terminated, or suspended in part or in whole, and you may be declared ineligible for any further contracts or purchase orders. -13- • This Agreement is executed as of the day, month and year first above written. Calhoun County Facility Program Management Inc. 0 E Its Hereunto duly authorized By Hereunto duly authorized LM Its Hereunto duly authorized • -14- Robert L. Moultrie Its Chairman of the Board Hereunto duly authorized 009 EXHIBIT "A" I. INTRODUCTION The Facility Design Group Inc. ("Consultant") understands that Calhoun County expects that Consultant shall spend considerable time gathering information, reviewing existing operations, analyzing existing criminal justice and incarceration systems and interviewing key criminal justice personnel, county officials and representatives of interested community groups. With this in mind: 1. Consultant shall start the feasibility study within two weeks of contract, or later at the direction of the County, and be completed within 120 days from the start of the project. 2. A communication and interaction vehicle between Consultant, the Jail Administrator, the Commissioners' Court, and Jail Committee shall be in place throughout the project. Said vehicle shall consist of timely, regularly scheduled Project Team initiated status and progress meetings, as well as on -going verbal and written correspondence with the Jail Committee and the Commissioners' Court. The final product from this project shall consist of an in-depth, comprehensive written report complete • with supporting documentation, pertinent graphical data representation and clearly defined conclusions, options, and recommendations. Said report shall be organized in such a manner to allow ease of reading and comprehension, including a table of contents, page numbering, cross references, and appendices, if necessary. The report shall be presented in a professional bound format with adequate copies to allow for distribution to all pertinent county officials. Consultant will be prepared to make an oral and visual presentation of the final report to the County Commissioners' Court. 4. Consultant will perform all work relating to this project with the individuals represented in their proposal thus affording Calhoun County the full benefit of the expertise, education and experience of their firm as submitted in the proposal. Consultant should submit background information for all principle staff, staff performing data gathering or interviews and persons providing analysis or input and their anticipated roles regarding this project. Calhoun County Jail staff and other criminal justice officials shall make themselves reasonably available for interviews and data gathering. However, we understand that normal scheduling and conflict issues will inevitably arise and we will be prepared to accommodate flexibility in this regard. All visits, data gathering, interviews, etc. will be scheduled through a designated County contact. • M • E EXHIBIT "A" The purpose of this estimate is to determine the cost of operating the present jail for an additional 15 years, including the transportation of excess prisoners and any presently known costs due to Jail Commission requirements. 6. Prepare Final Report Consultant shall prepare a draft report to present to County Officials for their review and comments. Findings from the report and each recommendation will be discussed. Based upon these discussions, Consultant shall finalize and provide tentative direction on the future strategic directions. After the meeting, each recommendation will be further refined and feedback from the meeting will be incorporated into the final report. A final report will be developed and presented to the Board of Commissioners to obtain final review and acceptance. Members of Consultant shall be available to meet with County officials to discuss findings, conclusions, and recommendations. C311. THE RcILITY.GROUP a Zo Justice Division Revised Fee Proposal for Calhoun County Jail Feasibility Study Estimated Hours Planner/ Programmer Architect Cost Estimator Support Staff Total Flours Professional Services Needs Assessment 1. Analyze Trends Affecting Need for Jail Beds 2. Analyze County's Inmate Population Trends 3. Evaluate Alternatives to Incarceration 4. Develop Inmate Population Projections Subtotal 12 16 8 8 44 0 01 2 4 2 8 14 20 8 10 52 Cost Analysis 1. Develop 15-Year Operating Budget 2. Develop Space Program 3. Develop Construction Cast Estimate 4. Develop Stating Plan 5. Prepare Operational Cost Estimate Subtotal •. 12 24 12 8 56 24 8 32 12 12 2 8 2 2 2 16 14 56 22 14 10 116 Jail Tours 20 0 0 0 20 Final Report / Presentation 1. Develop Draft Report 2. Develop Final Report 3. Presentation of Final Report Subtotal 8 4 16 28 8 8 0 8 8 8 24 16 12 32 60 Total Hours 148 40 12 48 248 Hourly Rate s100 silo $100 $50 Total for Professional Services 514,800 S4,400 S1,200 S2,400 $22,800 Total Travel and Other Expenses Quantity Units Unit Cost Cost Airfare 4 trips rt $466 $1,864 Lodging Meals Car Rental Mileage 6 14 4 720 nights Q days rt days © miles Q 75 35 65 0.31 450 490 260 223 Telephone / Mail Copying / Printing 160 120 Total for Travel and Other Expenses S3,567 Total Project Costs (Professional Services, Travel, and Other Expenses Combined) $26,367 8800 NW 112 STREET, SVITt 350 • Kas Cm, MO 64153 TEL: 816 243.2020 • Fm: 816 243-2024 • • BIDS AND PROPOSALS — NEW SHOP FOR PRECINCT #3 A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to authorize the County Auditor to advertise for bids for construction of a new shop building for Precinct #3. The bids are to be advertised on October 3, October 10 and October 17, 2001; with an on site visit on October 18, 2001 and bids to be opened on October 25, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • BIDS AND PROPOSALS — DUMP TRUCK FOR PRECINCT #3 A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to authorize the county Auditor to advertise for bids for the purchase of a replacement dump truck for Precinct #3 with bids to be opened October 25, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. FEES SET FOR SERVICES BY SHERIFF AND CONSTABLES A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to set the fees to be charged for services by the office of Sheriff and Constables. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. CALHOUN COUNTY Notices: Subpoenas $60.00 • Summons Writ of Attachment $60.00 $100.00 Writ of Garnishment $50.00 Writ of Sequestration $100.00 Orders of Sale $100.00 Writ of Possession $100.00 Writ of Execution $100.00 Writ of Habeas Corpus $100.00 Forcible Detainer $60.00 Precept to Serve $60.00 Temporary Restraining Order $60.00 Service Fees: Small Claims Citation $60.00 Justice Court Citation $60.00 All Other Courts' Citation $60.00 VN1 Other Service Fees: Show Cause Notice $60.00; Probate Citation by 1 Posting/Publication $20.00; Other Citation by Publication/Posting $60.00; Notice of Hearing $60.00;Notice of Sale $50.00; Notice of Sale Posting $50.00 (per location); Service of or Attempted Service of any Civil Process Document not listed shall be $50.00; Clearance Letter $5.00; Accident • Report $4.00; No fee assessed for serving or entering Protective Orders 013 AND ADW=STRATION OF THE FEE A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to authorize payment of an automobile allowance to Justices of the 13111 Court of Appeals; • setting court cost fee of $5.00 for each civil lawsuit filed in the district and county courts; and provide for the collection, use and administration of the fee in accordance with the requirements as set by the Chief Justice of the Court. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. NUECES COUNTY COURTHOUSE CHIEF Jll5?LCE 10- FLOOR ROGEUO VALDEZ CO PUSCHRISTI.EOPARD, CORPUS CHRISTI, TEAS 7BM1m 361-888-0794 (FAX) JUSTICES 361889-0796 (FA)() J. BONNER DORSEY FEDERICO G. HINOIOSA , , HIDALGO COUNTY LINDA REYNA YANEZ �'►'� ADMINISTRATION BLDG. NELDA V. RODRIGUEZ 100 FIFTH FLOOR ERRUNDA CASTILLO ,'JL �� EDIE.CANO,EXAS (Emmi �lS EDINBUROS(TEL) B539 Of YYJJ�•lllliillLl li ua 95&31&2a05 (TEL) CLERK CATHYvAL.BORN iElr � rg 95637&Za03 (FAX) 6-318-hcos.wurtsslare.a T1 ftkMZt. ua itC'"`'"``"'�u``ii ��++++ w September 10, 2001 Hon. Arlene N. Marshall Calhoun County Judge ' 211 South Ann Street, Suite 217 Pore Lavaca, Texas 77979 • Dear Judge Marshall: It is with great enthusiasm char I write to you today to inform you of a change in the law which affects your county and the Thirteenth Court of Appeals. As you may already know, pursuant to Sec. 22,214 of the Texas Goverment Code, as amended by HB 3174, 77" Legislature, the Court, as of September 1", now officially sin in both Corpus Christi and Edinburg. Nueces County will, however, continue to be the host county, and will advance payment of supplemental salaries and auto allowances of the court until the end of the fiscal year. At that time, Nueces County will bill the other nineteen counties within the 13" District for their pro rata share of the court's expenses. Each county within the district, in turn, shall by resolution adopt an appellate judicial system to help defray the costs of the court's operation. The Act requires that each county adopt by concurrent order (1) the authorizing of payment of an automobile allowance to each Justice of the Court for their automobile expenses in performing their official duties; (2) the setting of a court cost fee of $ 5.00 for each civil lawsuit filed in the district and county courts of the county; and (3) providing for the collection, use and administration of the fee in accordance with the requirements as set by the Chief Justice of the Court. In a nutshell, this action provides each county a system by which to defray the surmounting costs of operating and maintaining the appeals court. Counties no longer have to dip into their general fund to defray these expenses. Therefore, please be advised char no further supplementary payments to any of the Justices shall be hereby remitted by your county. As of this date, I have notified your county auditor or treasurer to stop any further payments of supplemental salaries to the above listed justices of the court. It is my sincere wish chat this item be placed in your commissioners' court meeting agenda for the next scheduled meeting and that it be favorably considered. In this regard, enclosed please find a proposed order for consideration by the commissioners court and a copy of HB 3174. If your county has already taken action on this item, please accept my complete gratitude. If not, I shall be glad to send someone from the court should you desire additional information on the matter. Further, I hope to be meeting with you personally in the not coo distant future. Reap ctfully yours, • RogeTio Valclex Chief Justice RV:rm Enclosures ORDER OF COMMISSIONERS COURT OF COUNTY, TEXAS AUTHORIZING PAYMENT OF AUTOMOBILE ALLOWANCE TO JUSTICES OF THE 13TH COURT OF APPEALS; ESTABLISHING AN APPELLATE JUDICIAL • SYSTEM TO DEFRAY THE COUNTY'S COSTS INCURRED IN PAYMENT OF SUPPLEMENTAL SALARIES, AUTO ALLOWANCES AND FRINGE BENEFITS TO THE JUSTICES OF THE 13TH COURT OF APPEALS; AND, ESTABLISHMENT OF A $5 COURT FILING FEE TO FUND THE APPELLATE JUDICIAL SYSTEM, ALL PURSUANT TO SECTIONS 22.214 and 22.2141 OF THE TEXAS GOVERNMENT CODE WHEREAS, County, Texas, is located within the Thirteenth Court of Appeals District; and, WHEREAS, the 77th Legislature enacted House Bill 3174, which amends sections 22.214 and 22.2141 of the Texas Government Code; and, WHEREAS, said amendment to the Government Code requires the commissioners court of each of the counties in the Thirteenth Court of Appeals District to enact an order authorizing the payment of an automobile allowance to the justices of the Thirteenth Court of Appeals and, establishing an appellate judicial system, . funded by court costs from civil cases, which will defray this County's costs incurred in the payment of the supplemental salaries, auto allowances and fringe benefits to the justices of the Thirteenth Court of Appeals: NOW THEREFORE, BE IT RESOLVED that the following order is hereby adopted and enacted, as authorized by the sections 22.214 and 22.2141 of the Texas Government Code: IT IS ORDERED that payment of an automobile allowance, to each of the justices of the Thirteenth Court of Appeals for automobile expenses incurred in performing official duties, is authorized. r 1 U 015 • IT IS FURTHER ORDERED that this County shall reimburse Nueces County, Texas for this County's share of supplemental salaries, car allowances and fringe benefits paid to the justices of the Thirteenth Courtof Appeals by Nueces County. This County's share shall be based on the proportion that this county's population bears to the total population of all the counties in the Thirteenth Court of Appeals District. IT IS FURTHER ORDERED that the aforementioned reimbursement to Nueces County shall be made after Nueces County provides a statement of this County's share of the total reimbursement, but in no event shall said reimbursement be made later than sixty (60) days after the beginning of the County's fiscal year. IT IS FURTHER ORDERED that an appellate judicial system is hereby established • to assist the Thirteenth Court of Appeals in the processing of appeals from the various trial courts in this County and to defray costs and expenses incurred by this County under section 22.214 of the Texas Government Code. IT IS FURTHER ORDERED that, in order to fund the appellate judicial system, a fee of $5 is set for each civil suit filed in a county court, county court at law, probate court, or district court in this county, except that this fee does not apply to a suit filed by this County or to a suit for delinquent taxes. This fee shall be taxed, collected, and paid as other court costs in a suit. IT IS FURTHER ORDERED that the Clerk of the of the Court who collects the aforementioned fee shall pay same to the County officer who performs the County Treasurer's functions, and said officer shall deposit said fee in a separate appellate • judicial system fund, which shall be administered by the Commissioners Court of the Ri • County for the purposes described in this Order, and for no other purpose. IT IS FURTHER ORDERED that, not later than the 91 st day of each fiscal year, • the balance remaining in the appellate judicial system fund at the close of previous C 0 fiscal year shall be forwarded to the Thirteenth Court of Appeals for expenditure by that Court. IT IS FURTHER ORDERED that management of the appellate judicial system fund is vested in the Chief Justice of the Thirteenth Court of Appeals. This order shall take effect September 1, 2001. ENACTED and APPROVED on this _ day of Commissioner, Pct. 1 Commissioner, Pct. 3 ATTESTED TO: County Clerk County Judge 2001. Commissioner, Pct. 2 Commissioner, Pct. 4 U1'7 77(R) HB 3174 Enrolled version - Bill Analysis Page 1 of 1 • HBA-BSM H.B. 3174 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3174 By: Solis, Jim Judicial Affairs 7/19/2001 Enrolled BACKGROUND AND PURPOSE The Thirteenth Court of Appeals is the only court of appeals in the state that has two offices. The offices are approximately 153 miles apart, and one of the chief justice's duties is to oversee operations at both facilities, which at times requires the chief justice to travel between the two offices. Previously, there were no provisions relating to reimbursement for these travel costs. House Bill 3174 entitles each justice of the Thirteenth Court of Appeals to an automobile allowance not to exceed $15,000. The bill also implements an appellate judicial system to aid in cutting costs and expenses incurred by the county. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does • not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3174 amends the Government Code to provide that the commissioners courts of the counties in the Thirteenth Court of Appeals District by adopting concurrent orders may authorize the payment of an automobile allowance in an amount not to exceed $15,000 annually to each of the justices of the court for automobile expenses in performing official duties. The bill requires Nueces County each fiscal year to pay the total amount of the expenses, and that each of the other counties in the district is required to reimburse Nueces County for their share of the expenses paid not later than the 60th day after the beginning of the county's fiscal year. The bill also authorizes that the Court of Appeals for the Thirteenth Court of Appeals District to be held in the City of Edinburg. The bill authorizes cases originating in Cameron, Hidalgo, or Willacy counties to be heard and transacted in Willacy County. The bill requires the commissioners court of each county in the Thirteenth Court of Appeals District to establish an appellate judicial system (system) to assist the court of appeals for the county in the processing of appeals filed with the court of appeals from the county's courts, and to defray related costs and expenses incurred by the county. The bill requires the commissioners court to set a court costs fee not to exceed $5 for each civil suit filed in a court of the county, and provides for the collection, use, and administration of the fee. The bill also requires the • commissioners court to vest management of the system to the chief justice of the court of appeals in the district. EFFECTIVE DATE September 1, 2001, ... /viewtext.cmd?LEG=77&SES S=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=031749/11/2001 up C • 77(R) HB 3174 Enrolled version - Bill Text 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 1-18 1-19 1-20 1-21 1-22 1-23 1-24 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 2-12 2-13 2-14 2-15 2-16 2-17 2-18 2-19 2-20 2-21 2-22 2-23 2-24 2-25 2-26 2-27 3-1 3-2 3-3 3-4 3-5 3-6 3-7 3-8 3-9 3-10 3-11 3-12 AN ACT relating to the operation of the Court of Appeals for the Thirteenth Court of Appeals District and the creation of an appellate judicial system for the district. Page 1 of 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22.214, Government Code, is amended to read as follows: Sec. 22.214. THIRTEENTH COURT OF APPEALS. (a) The Court of Appeals for the Thirteenth Court of Appeals District shall be held in the City of Corpus Christi and the City of Edinburg. (b) ( _F G_--•- ^�Ei6at -and) Nueces County shall furnish and equip suitable rooms in the City of Corpus Christi and of Edinburg (and a-'b`^E�-) for the court and the justices without expense to the state. (c) The court may transact its business at the county seat of any county in the district as the court determines is necessary and convenient, except that: (1) all cases originating in Nueces County shall be heard and transacted in Nueces County [that asuatyj; and (2) all cases originating in Cameron, Hidalgo, or Willacy County shall be heard and transacted in Cameron, (ems) Hidalgo or Willacy County. (d) The commissioners courts of the counties in the district in performing official duties (e) The automobile allowance authorized by Subsection (d) is not subject to: (1) the limitations on additional compensation paid to a justice of a court of appeals district imposed by Section 31.003• or (2) the salary differentials provided by Subchapter B the county's fiscal year. SECTION 2. Subchapter C, Chapter 22, Government Code, is amended by adding Section 22.2141 to read as follows: courts; and (2) defray costs and expenses incurred by the county ../viewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=031749/ I 1 /2001 319 77(R) HB 3174 Enrolled version - Bill Text 3-13 3-14 3-15 3-16 3-17 3-18 3-19 3-20 3-21 3-22 3-23 3-24 3-25 3-26 3-27 4-1 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 under Section 22.214. Page 2 of 2 • appellate judicial system fund at the close of the previous fiscal Vear to be forwarded to the court. of appeals for expenditure by the SECTION 3. This Act takes effect September 1, 2001. President of the Senate Speaker of the House I certify that H.B. No. 3174 was passed by the House on April 20, 2001, by a non -record vote. . Chief Clerk of the House I certify that H.B. No. 3174 was passed by the Senate on May 22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. Secretary of the Senate APPROVED: Date ... /viewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=031749/ 11 /2001 • C20 RESOLUTION — SUPPORT PROPOSITION 7 ON NOVEMBER 6, 2001 GENERAL ELECTION BALLOT A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to adopt the Resolution to Support Proposition 7 to be placed on the November 6, 2001 General Election Ballot. Commissioners Galvan, Balajka, Floyd, Finster and Judge • Marshall all voted in favor. RESOLUTION In support of Proposition 7 as listed on the November 6, 2001 General Election Ballot WHEREAS, Texas is home to approximately 1.5 million veterans, and statistics show that 20 veterans in the State of Texas enter eternal life every 60 minutes; and WHEREAS, in 1997, the Texas Legislature authorized the Texas Veterans Commission to conduct a study that would provide the basis for determining the feasibility of creating a State Veterans Cemetery System; and WHEREAS, in preparation for Texas' 77'h Legislative Session, the Senate Committee on Veterans Affairs and Military Installations completed an interim report which cited the need for at least 8 veterans cemeteries across the State of Texas with the Rio Grande Valley being identified as one of the priority locations for obtaining a veterans cemetery; and WHEREAS, During the 77th Legislative Session, House Joint Resolution 82 (H.J.R. 82), authorized by Representative David Counts and sponsored by Senator Carlos Truan, was • approved by both chambers and filed with the Secretary of State, proposes a constitutional amendment authorizing the Veterans' Land Board to issue additional general obligation bonds and to use certain assets in certain funds to provide for veterans cemeteries; and WHEREAS, H.J.R. 82 will appear as Proposition 7 on the General Election Ballot consisting of Constitutional Amendments at an election to be held November 6, 2001, and all Texans should support Proposition 7 in an effort to recognize and pay tribute to the many sacrifices and dedication our veteran community has honored us with throughout the year. • NOW, THEREFORE, BE IT RESOLVED that the Calhoun County Commissioners' Court supports Proposition 7, encourages all voters to participate in the upcoming Constitutional Amendment Election and to vote in favor of Proposition 7, and urges all Counties to actively participate in raising awareness of the significance and importance of the upcoming Constitutional Amendment Election and to urge support of Proposition 7 among their resident voters. 2001. PASSED AND APPROVED by Commissioners' Court on this 28`h day of September, APPROVED �pti y r g w �4 Arlene N. Ma hall, County Judge r �k o t ;zA S "arlen'e�fay -aihoun County Clerk By: �`Jc1��2LC� De�uty Clerk G21 EMPLOYEE BENEFITS POOL A Motion as made by Commissioner Floyd and seconded by Commissioner Galvan that the Court vote for the eleven listed nominees for Trustees for the TexaAssociation and of Counties Employee Benefits Pool. Commissioners Galvan, Balajka Floyd, Fmste Judge Marshall all voted in favor. TEXAS ASSOCIATION OF COUNTIES HEALTH AND EMPOYEE BENEFITS POOL TRUSTEE ELECTION BALLOT The following individuals have been nominated by the President of the Texas Association of Counties to serve as Trustees for the Texas Association of Counties Employee Benefits Pool for the term of years shown immediately following their names: President's Nomination (Date term begins & expires) For Against Write In 1. Mr. Charlie Bell Scurry County Auditor October 1, 2001 — Term: 2 Years 2 Hon. Leola Brodbeck Gillespie County Tax Assessor/Collector October 1, 2001— Term: I Year 3 Hon. Judith Gutierrez Webb County Commissioner October 1, 2001 —Term: 3 Years 4 Ms. Raymie Kana Colorado County Auditor October 1, 2001 —Term: 2 Years 5 Hon. Jerry Lewis Cooke County Commissioner October 1, 2001 — Term: 2 Years 6 Hon. Andrew Melontree Smith County Commissioner October 1, 2001— Term: 1 Year 7 Hon. Daniel Scheel Comal County Judge October 1, 2001 —Term: 3 Years 8 Hon. Gene Terry Marion County Judge October 1, 2001— Tenn: 3 Years 9 Ms. Paula Tullos Navarro County Auditor October 1, 2001 —Term: 1 Year 10 Hon. Gail Turley Goliad County/District Clerk October 1, 2001 —Term: 2 Years 11 Hon. Gus Wessels Wharton County Treasurer October 1, 2001— Term: 1 Year PLEASE MARK THIS BALLOT TO INDICATE YOUR VOTE (Place and "X" in the applicable square beside the candidate's name or write in the name of another person). Calhoun County Name of County or Political Subdivision County Judge/Chief Executive Officer Signature Date Return this Ballot to arrive no later than 5:00 p.m. on October 1, 2001 to: Texas Association of Counties Health & Employee Benefits Pool P.O. Box 2131 Austin, Texas 78768 Atm: Melissa Dota Or by fax to: 1-512-478-1426 • • 822 • • 0 MAGNOLIA/INDIANOLA/ALAMO BEACH FIRE DEPARTMENT This agenda item was passed at the request of Commissioner Galvan. ORDER SETTING AND ALLOCATION THE 2002 OFFICIAL COURT REPORTERS SALARIES A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to adopt the District Court Order setting and allocating the 2002 Official Court Reporters' salaries. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 0 R D E R On this the 31st day of August, 2001, came on to be considered setting and allocating the salary of the Official Court Reporter of the 24th Judicial District for the calendar year 2002, and the salary is hereby set at $52,936.00 for the year 2002, and in addition, the Official Court Reporter shall receive any longevity compensation to which she is entitled and is hereby allocated to the counties comprising the Judicial District in proportion to the population of the Judicial District according to the 2000 Census as follows: County Percent Amount Calhoun 13.40 $ 7,093.45 DeWitt 13.00 6,881.68 Goliad 4.50 2,382.10 Jackson 9.50 5,028.92 Refugio 5.00 2,646.80 Victoria 54.60 28,903.05 100.00 $ 52,936.00 This action was taken at a public hearing held in accordance with the provisions of Section 152.905 of the Local Government Code. Signed this the VOL. 6S/ HLPare 14 1 1� AT 10 :oo O'CLOCK M FSEPTO au __j PA,'AELA 14ARI IN hAR T GROVE DISTRIj CLERK, C�LhOUN q(OUNTY, TEXAS 023 ORDER SETTING COUNTY AUDITOR AND ASSISTANT AUDITORS SALARIES A Motion was made by Commissioners Finster and seconded by Commissioner Floyd to adopt the District Court Order setting the County Auditor and assistant auditors' salaries. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. STATE OF TEXAS IN THE DISTRICT C&PRAT OF i�'p0,9, JV 0, COUNTY OF CALHOUN CALHOUN COUNTY, TEV%r WHEREAS, on August 31, 2001 at a public hearing held for the purpose of setting the salaries of the County Auditor and Assistants for fiscal year 2002, and for the purpose of approving the number of assistants for the Auditor's Office for fiscal year 2002; and WHEREAS, the following base salary amounts were approved for fiscal year 2002 at the close of the public hearing: County Auditor $ 44,804 Assistant Auditor (Chief Auditor) 32,599 Assistant Auditor 26,465 Assistant Auditor 26,465 TOTAL $130,333 FURTHER, any fiscal year 2002 salary increases (after conserderation of the 4% included above) and longevity approved by Commissioners' Court for County Officials and Employees are approved for the County Auditor and Assistant Auditors in like percent and amount and upgrades or reclassifications of job grades and/or clusters approved by Commissioners' Court for other County Employees are approved for such like and similar jobs for assistant auditors and the filling of vacant positions and those becoming vacant are approved at the rates and levels consistent with personnel policies and guidelines adopted by Commissioners' Court for other County Employees. We, the undersigned, being a majority of the District Judges of Calhoun County, Texas do hereby ratify the approval action on August 31, 2001 by the District Judges at the close of the public hearing held for the purpose of setting salaries and approving the number of assistants for the County Auditor's Office for fiscal year 2002. mper Stephen Williams, Judge 35`h Judicial District i Wharfand W. Kil o e, ge 267`h Judicial. District FILED PAGE l43 AT M 00 O'CLOCK A M, PAMELA MARTIN HARTGROVE DISTP9T CLERK, CALHOUN CpUNTY, TEXAS • • r� U 824 • • CONSTABLES' REPORT OF PERMANENT PEACE OFFICER LICENSES ISSUED — CONSTABLE PCT #2 AND PCT #4 A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to accept the Constables' report providing evidence that Constable Pct #2 and Constable Pct #4 have been issued permanent peace officer licenses under Chapter 415, Government Code. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. KENNETH WENSKE Calhoun County Constable Precinct #2 1521 Jackson Street Port Lavaca, TX 77979 Dear County Judge and Commissioners Court, Sheriffs Office: 361-553-4646 Home: 361-552-2604 �'• � ' I ail trl� � iJ, Alai a" 1 Enclosed are documents from the Texas Commission on Law Enforcement informing you that I have satisfied their legislatively required in-service training for the training cycle and Peace Officer license. 4--7--KOA L � 25 TEXAS COMMISSION ON LAW ENFORCEMENT D C. T. Dnve 3D, PhD. Executive ohmw August 21, 2001 CALHOUN CO. CONST. PCT. c/o KENNETH WENSKE 547 ROYAL ROAD PORT LAVACA, TX 77979 LICENSE: PEACE OFFICER CYCLE: 9/ 1 / 1999-8/31 /2001 Dear: KENNETH WENSKE is The Commission on Law Enforcement is pleased to inform you that, based on records or documents submitted to us, you have satisfied the legislatively required in-service training for the training cycle and license shown above. On behalf of the people of Texas, the Commissioners, and Commission staff, I thank you and congratulate you for your efforts. Your license will automatically renew on September 1, 2001. No new license will be issued. The original license or a duplicate of that license is valid and serves as your verification of licensure. Once again, we would like to applaud your efforts in complying with these training standards but, also, for what you do every day to ensure the people of the Great State of Texas are served by ethical, highly trained officials, committed to service and the pursuit of excellence. Sincerely, D.C. Jim Dozier, J.D., Ph.D Executive Director Phuue: 512-936T100 Faz. 512-93&M 6330 US. Mghw y 290 Ems• Std. 200 Amtu; Tan 98M 09/21,01 1013 AG Jan Dx+%a.D.� P6D. pa.eu�.,e D�a.•. • • &0/Ted gS129307714 TI COMMON LAW EN TEXAS COMMISSION ON LAW ENFORCEMENT To: Wayne Daggs Training Roster / Hours Cycle: September 1, 1999 - August 31, 2001 Total Hours: 42 for cycle Faxed to per request: (361) 785-2179 Katie K. Clark . TCLEOSE Faxed from: (512) 936-7714 P%e Rx "w 6LTZ SOL TS£=aI 0001 evous. eD�n-.o �n w. zw�mo .��mr:rra 0 10"a'd`r NftOHgVO SS:60 TO-VZ- C27 09/2t'01 10:10 '$5328787114 TS COKKON LAW EN IM002 'XAS Coj%aaSSTON ON LAW ENFORCEMENT Complete Personal status Report DAGGS, E. General Informaiun M laflfal 1 p IU fi>s+Namc ,y 1 9256Q B• Dos Racy POW, Gandrr, 109 M SI14/1940 white Ednrution SOURS Le°et 0 3/4/1996 High Sabool 78 3/4/1996 College Credits SerVOffF &WIDan Ed Dl ,IVfeblIDo[ef Ilgerrmrem CAI -HOUN Co. CONST. PCT. 4 Constable 1/28/I985 Ir 111980 1/1/1985 CAI. I iOVN CO. SHERIFFS OFFICE Reserve Officer 21 Yr(s) 07 m0(5) Tara! Time in Service as a peace officer. Total Tmee in Service as a Jaikr: 00 r/r(5) 00 mo(s) Total lime in Service as a 7electm7mtmicali0n Operator: 00 yr(a) 00 MOW Awn Ids Starr Date EndDatc AW. 11W 1/1/1989 belennedinte Peace Officer 11111989 Advanced Pence Officer 1/1/1986 Bz.k Pence Officer M311985 Powv.. Officer License 91111983 Rear.rve officer License 1:-:nI Date: 9124=0I aa-oe.-eil Na:aH TO:CALHOUN 1P PCT 4 so/Zed 647Z GSL T9£=al page Number: l FROM:5129367714 Pet b SOd df NnOHIVD 6£:60 Te-VZ-60 • r :l • ` 09/_1/01 - 10:.1.4 1&5129367714 TE COMHON LAW EN ID003 T MAS CON MISgON ON LAW WORCEMENT Completept"01101 Sterns Report DACGS, E. Courses Con 31(11 Civil Process 3loo LAW 3611 3uvenile Justice Procedures Course wto Exe 32'1'. Special invesr4rivc Topics 39:}u CulumO Diversity 37!NI M=18eaienysupgrvision 31u1 Civil Process 391 CuhuraiDiversity Correspondence 371 1 Family Violence Correspondence 37 1 Child Abuse Correspondence wi0loul Exam S241 Sexual Assault Correspondence w/o Fxcmi 3:i.•• i Sot Oge:ader Chatactaristies Web w/0 Exer 3 10 1 Civil Process 3)wo Teebrical/Speo'talized 3!rt9 Cultural Diversity 32.12 special lnvestip*m Topics 31 C 1 Civil Process 3200 Investtgatians 311110 TecbaicnllSpeaisllzed 3111'i Civil Pncc33 3101 CivllProcns 3 Q0 Traffic 31111 Civil Process 31()0 LAW 310o LAW cJ00 Technical/Specialized 7004 Advanced Reserve Officer 9999 Other In -Service Traiaing 1 u02 Basic Reserve Officer 1 oral Course Hours: 637 mint Dare: 912412001 09-24-ell 99:99 TO:CALHOUN JP PCT 4 0i£Od 6LTZ SSL T9£=QI Date Hours Academy 8/312001 20 CLASSEN BUCK SEMINA 8/222001 8 VICTORIA COLLEGE LEA 8/152001 4 TCLEOSE/UT DISTANCE 1 8/82001 5 VICTORIA COLLEGE LEA 8I82001 5 VICTORIA COLLEGE LEA 520/1999 8 INSTITUTE OF CRIMINAL 5/19/1999 20 INS"1'1TITIFOF CRIMINAL 4/3/1999 4 TCLEOSE/UTDISTANCF.E 4/3/1999 4 TCLEOSr tT7 DISTANCE E 413/1999 4 TCT.F.OSEMT DISTANCE E 4/311999 4 TCLEOSE/UT DISTANCE E I/10A999 4 1CLEOSE/UT DISTANCE E 522/1993 20 INSTITUTE OF CRIMINAL 321/1997 16 TEXAS DEPARTMENT OF: 10/8/1996 16 VICTORIA COLLEGE LrA MUMS 16 VICTORIA COLLEGE LEA tr/1996 20 INSTITUTE OF CRIMINAL 2r-/1996 8 VICTORIA COLLEGE LEA 621/1995 8 VICTORIA COLLEGE LEA 4/14/1995 20 INSTITUTE OF CR1ML`1AL 4129/1994 20 JUSTICE OF THE PEACH A 1216/1993 8 PORT LAVACA POLICE D 5/7/1993 20 JUSTICE OF THE PEACP. A 2n/1992 20 JUSTICE OF THE PEACE A 2/1/1991 120 JUSTICE OF THE PEACE A 429/1988 16 TEXAS DEPARTMENT OF 12/16/1995 124 VICTORIA COLLEGE LEA 9/18/1982 24 TEXAS DEPT. PUBLIC SA 4/1/1980 71 UNKNOWN Page Number, FROM:5129367714 P03 1, 10d df NROH'IVO 6£:60 TO-1VZ-60 2 A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to nominate the four persons as listed for Calhoun County Appraisal District Directors for two-year terms (2002-2003). After discussion, Commissioners Finster withdrew his motion and Commissioner Floyd his second. This agenda item was passed. FORD TRACTOR AND CHEVROLET CHASSIS IN PRECINCT 43 — SURPLUS A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to declare the following assets of Precinct 93 as surplus to sell at the November 3, 2001 Calhoun County Chamber of Commerce Auction. 1983 Ford Tractor, Model No. 540A with loader, Serial No. C711388, Pet #3 Inventory No. 23-0017 1968 Chevrolet Chassis with dump bed Serial No. CE538J157846, Pet #3 Inventory No. 23-0019 Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. FLOODLIGHT SET IN PRECINCT #3 — SCRAP A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to declare the following asset for Precinct #3 as scrap. Floodlight set, Serial No. 201 (GSA#72N01384), Pet. 93 Inventory No. 23-0084. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. NOIQA CELLULAR IN PRECINCT #3 — REMOVE FROM INVENTORY A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to remove a Nokia 232 hand held portable cellular 512-935-2441, Serial No. 156770173, Pct. 43, Inventory No. 23-0160 from the Precinct #3 Inventory. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. CALHOUN COUNTY 4-11 SKEET SHOOTING RANGE — ACCEPT GIFT OF STAIRS FROM DOW CHEMICAL This agenda item was passed at the request of Commissioner Galvan so that a release may be obtained. PURCHASE OF SCRAP METAL - CONTRACT WITH FORMOSA PLASTICS This agenda item was passed at the request of Commissioner Balajka so that he can consult with attorney regarding the "hold harmless" clause. VERIZON'S REOUEST FOR RIGHT-OF-WAY EASEMENT ON COUNTY ROAD IN PRECINCT #2 A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to accept Verizon's request for a right-of-way easement on a County Road in Precinct #2 for placement of buried cable. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • • CJ $ M • VERIZON Southwest Incorporated VERIZON NOTICE OF COMMUNICATION LINE INSTALLATION TO THE COMMISSIONERS COURT OF Calhoun COUNTY ATTENTION: COUNTY JUDGE August 22, 2001 Formal notice is hereby given that VERIZON SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in Calhoun County, Port Lavaca, Texas as follows: VERIZON proposes to place buried cable as follows: Beginning approximately 100 feet East of the intersection of Bobby Lane and Royal Road. At this point, VERIZON will begin extending cable West for an approximate distance of 100 feet.; Cable will be placed 3.5' feet inside the North Right -of -Way of Royal Road ; All cable will be placed at a minimum depth of 30 inches. See attached Sketch. The location and description of this line and associated appurtenances is more fully shown by five (5) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the VERIZON Southwest Incorporated does not constitute a waiver, surrender, abandonment or • impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after September 20, 2001. VERIZON SOUTHWEST INCORPORATED Lo u Eileen Humphreys Supervisor - Access Design 223 North Colorado Port Lavaca, TX 77979 361/552-2355 031 COUNTY C ALAbI�� TWN. N RGE. S zt-a1 N SEC. r-0K I AVACOA \C-,XA CONSTRUCTION PRINT S TAX DIST. d7 Uil,1 I -Nr1 GA f WORK ORDER NO. .0 3'P601-SL. DWG. f OF INSURANCE SETTLEMENT ON SHERIFF'S DEPARTMENT VEHICLE A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to accept the insurance settlement in the amount of $3,258.02 for damages to a Sheriff Department Vehicle damaged on July 20, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • • G32 INSURANCE SETTLEMENT ON SHERIFF'S DEPARTMENT VEHICLE A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to accept the insurance settlement in the amount of $3,192.82 for damages to a Sheriff Department Vehicle damaged on May 5, 2001. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • SLIDE PRESENTATION ON ART MUSEUM This agenda item was passed. TAX ASSESSOR -COLLECTOR — DISTRICT CLERK — COUNTY CLERK JP PCT #3 — EXTENSION SERVICE — MONTHLY REPORTS The Tax Assessor -Collector, District Clerk, County Clerk, JP Pet. #3 and Extension service all presented their monthly reports for August, 2001 and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED— COUNTY Claims totaling $284,516.81 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said claims be approved for payment as presented. BUDGET ADJUSTMENTS — EXTENSION SERVICE — HISTORICAL COMMISSION — LIBRARY — MUSEUM — BUILDING MAINTENANCE/ INDIGENT HEALTHCARE — BUILDING MAINTENANCE — TAX APPRAISAL DISTRICT/MISCELLANEOUS — JAIL/SHERIFF — SHERIFF'S JAIEL DIVISION — VARIOUS DEPARTMENTS — COMMISSIONERS COURTANDIGENT HEALTHCARE (2) — ELECTIONS — DISTRICT COURT — JP #1— DISTRICT ATTORNEY — R&B PCT #1(3) — COMMISSIONER PCT #2 — R&B PCT #2 — R&B PCT #3 — COMMISSIONER PCT #4 — R&B PCT #4 — EMERGENCY MANAGEMENT (2) — ADULT PROBATION — SHERIFF CRIME VICTIMS ASSISTANCE — AIRPORT — LATERAL ROAD FUND PCT #1— LATERAL ROAD FUND PCT #2 — LATERAL ROAD RUND PCT #3 — LATERAL ROAD FUND PCT #4 — CAPITAL PROJECT/MOLD REMEDIATION A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that the following Budget Adjustment Numbers 1 through 36, omitting number 24 (a duplicate) be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 333 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: �I�I oN 1�AJs� ��nti1 ��4J (Department making this request) Date: a-19 -Q t I request an amendment to the o 081 budget year following line items in my department: GL�Account ^#� J(q—Ln0 Net change in total budget for this department is: other remarks/justification: Amendment Amount APPROVED SEP 2 8 2001 Reason N____ I �POil 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): • • 034 BUDGET AMENDMENT REQUEST �gyy To: Calhoun County Commissioners' Court %� �-y From: ` n O VED • l �y�.�w„nn.�.�... SEP 2 8 (Department making this request) 2001 Date: 1 '1 1-01 I request an amendment to the �� 0� budget for the year following line items in my department: Amendment GL�Account ^#� Account Name Amount Reason �3(o—G3y�a 1 ZJ Net change in total budget for this department is: $ Q Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • 035 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court �`PPRO VED From: �awAl (Department making this request) SEP 2 S 2ool Date: q-aa-01 I request an amendment to the �GOd( budget for the year following line items in my department: Amendment GL Account # Account Name Amount--��--Reason��__ 0 - 4 — L,�, Igo- L(off ► 3 �Ly�, a Net change in total budget for this department is: $ — Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • • - 036 BUDGET AMENDMENT REQUEST q To: Calhoun County Commissioners' Court /6 PP `� r r R®VE® From: • SEP 2 8 2001 making this request) Date: /(Department (/I _a j l I request an amendment to the cl(061 budget for the year following line items in my department: GL Account # Account Name Amendment Amount La) - E M� 0 • Net change in total budget for this department is: Other remarks/justification: $ �O— aeaavaaeaevao Reason�_��_, 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): • 337 9-24-201 2:17PM FROM CALHOUN CO. AUDITOR 361 553 4614 BWGET AMMMMMT REQUEST To: Calhoun County Commissioners' Court From: Date. I request an amendment to the a0 n budget for the year following line items in my department: Amendment CAL Account # -- Account Name _ -- Amount---- -7o- �2o�5b cL�o�#rs0 �ua,a 3 - 3�o Net change in total budget for this department is: S a anav=aaaae=v other remarks/justification: P. 1 • 5 PPROVED SEP 28 2001 Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: �eJ// . d �� c1�1e • Date of Commissioners' Court approval: Date posted to General Ledger account(s): RM • n • BUDGET AMENDMENT REQUEST11 To: Calhoun County Commissioners, Court From: B V/Io�v (Department making this request) Date: G- 19-0 1 I request an amendment to the p'%gal budget for the year following line items in my department: Amendment GL,Account w#� Account �Name ^^^ AmountM^^^ I'lo'rwca o {5bo 110 — 6A o l7o—��av Net change in total budget for this department is: eeeaaaaaaaav= Other remarks/justification: 6 APp{30VEn SEP 28 2001 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): 0.39 • RMGET AMENDMENT REQIIEST To: Calhoun County Commissioners' Court /�A From: � �J� 1)�/'o%A Jl ��f�_ L%S(�X11— ROVED (Department making this re"yJf est) Date: G "oL? 1 I I "1 18 2001 I I request an amendment to the Wl budget for he year _ following line items in my department: - GL- Account -#- dao-L��oo Amendment Account Name Amount Reason _______________ Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • MR • • BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: JAIL, SHERIFF DATE: 9/27101 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNTNAME AMOUNT GL ACCOUNT NO. ER ASON DEPARTMENT NAME JAIL LINE ITEM TRANSFERS 1000-18051620 ADDITIONAL PAY -REGULAR RATE 1.045 10OD-180-64880 PRISONER LODGING -OUT OF COUNTY (1,045) SHERIFF 1000-760-51620 ADDITIONAL PAY -REGULAR RATE 1,810 1000-760-60360 1000-760-65464 AUTOMOTIVE REPAIRS REPAIRS -INSURANCE RECOVERY (1,8 2,408APPROVED APPROVED 1000-001.49150 RECOVERIES -INSURANCE (2,4 ) SJ l.f SEP 2 8 2001 Total for GENERAL FUND (0) NET C GE N TOTAL BUDGET 0 no 041 . tltluuli G'L' i1l9ENUMCN'1' ttl'it,!U lStl'1'�. To: Calhoun County Commissioners' Court (A From: CALHOUN CUNTY SHERIFF"S JAIL DIVISION _I (Department making this request) Date: SEPTEMBER 24, 2001 I request an amendment to the 2001 budget for the yea following line items in my departmenrt: Amendment GL Account # Account :tame Amount Reason -------------- ------------------------------- ------------------- 180-53460 PRISONER CLOTHING/SUPPLIES -$ 3,000.00 TRAINING THAT IS REQUIRED 1RO OTTT OF Cn_ +$ OOO.00 FOR JAILERS. & SrNM1TS FOR THE NEW EMPLOYEES. Net change in total budget for this department ist Other remarks/justification: -0- I understand that my budget cannot be amended as requested Commissioners' Court approval is obtained. Signature of official/department head: C— Date of Commissioners' Court approval: Date posted to General Ledger account(s): � I ., • • U BUDGET AMENDMENT REQUEST 10 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: VARIOUS DEPARTMENTS DATE: 9/27/01 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNT NAME AMOUNT REASON DEPARTMENT NAME INDIGEMTHEALTHCARE 1000360.60640 CARE OF INDIGENTS (pa) AS NEEDED COUNTYCOURT 1000-400-63600 MENTAL COMMITMENT SERVICES 868 Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET p APPROVED SEP 2 8 2001 343 BUDGET AMENDMENT REQUEST11 To: Calhoun County Commissioners' Court From:ip� w1O 6Vfo� "�`3(a0) (Department making this equest) Date: G-lq--oI I request an amendment to the )-0 �) budget for the year following line items in my department: Amendment GL Account#� Account Name Amount Reason --^^_ 3In-QW0 Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): fin. BUDGET AMENDMENT REQUEST I )-I To: Calhoun County Commissioners, Court tI n'' From: � l (a3o) XA�r� PF�GY� (No) • (Department making this r quest) Date: q-1s —01 I request an amendment to the J4861 budget for the year following line items in my department: Amendment GL^Account s#^ Account ^Name Amount��`^ (a0WO Am � a3o0 Net change in total budget for this department is: Other remarks/justification: aa=aaa=aaaeaa ___ _Reason_ 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): E I BUDGET ANBMMME REQUEST To: Calhoun County Commissioners' Court From: CO . ) (Department making this request) Date: q.,_o_(31 I request an amendment to the GJ budget for the year following line items in my department: GL-Account-#- 10-533tgI Account -Name -- C�0.�- Spa Net change in total budget for this department is: Other remarks/justification: Amendment ---Amount ---- i 50 Reason IC WE 13 • • 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: 0 Date posted to General Ledger account(s): e • BUDGET AMENDMENT REQUEST 1� To: Calhoun County Commissioners' Court From: � 1.� Is (Department making this request) Date: q-!g1_col I request an amendment to the J-O`4 budget for the year following line items in my department: Amendment GL�Account �# Account Name Amount _ �3o—to(CFL�^ � _ aQ—__ 054-- �i3o—(n3�� Net change in total budget for this department is: $ �— Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 047 • BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: J-P P (Department making this request) Date: Q_V _O 1 I request an amendment to the (90Q J budget for the year following line items in my department: Amendment GL Account # Account Name Amount ------------- ------------------ ------------- 145-0-53oan &nPYa1 CQQc. �5�"�3`� Nia ', e oun�0.inence 1an_Mi- ayo�-0 OM6 �n Ge- 100.00 — u50-le(�41(, Travei �y-\0 4�o.ocl— Net change in total budget for this department is: Other remarks/justification: Reason I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head Date of Commissioners' Court approval: Date posted to General Ledger account(s): all 0 e i BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court 4-� v / L From: LL wp . (Department making this request) Date: (—) /7--0I I request an amendment to the ION budget for the year following line items in my department: Amendment GLMAccount �#^ Account Name Amount ,^- --^w Net change in total budget for this department is: Other remarks/justification: It v- O Reason�,�" 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): N 049 ilBUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: ¢( 0 �C"P— 1 \(Department making this request) Date: G,a�-Q' I request an amendment to the () budget for the year following line items in my department: GL Account -#- I ol)-bol—gqllO y0�510 Account Name-�- -T Net change in total budget for this department is: Other remarks/justification: Amendment --_Amount---- -- � oa _---Reason ----� —4AkAa_i /lQ/.iPlWUDl JWM GLO 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): ME • • 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: (Department making this request) Date: aoAoa / I request an amendment to the a00 budget for the year following line items in my department: GL Account 1f sy�a_s3g9a ,spa-535�0 ,S�o-S.3G3a .S o-s39 /jo Account Name LoIf 7� �&44 Net change in total budget for this department is: Other remarks/justification: II Amendment Amount- Reason --- ------- IF .00 0? 5 te I understand Chat my budget cannot be amended as requested until Commissioners' Court approval is obtai.ned. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): �51 BUDGET AMENDMENT REQUEST APPROVED ESEP 2 8 2001 • 252 HUD6ET AMENDMENT REQUEST )J6 To: Calhoun County Commissioners' Court From:h%1► /p� (Department maki g this request) Date: q_(q-01 I request an amendment to the &0 I budget for the following line items in my department: GL-Account #` Account Name Amendment -' -- - Amount- Reason ------------------ � 5S� o �4500 00 �-55 6800.00 ---moo I&M00 Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners, Court approval is obtained. Signature of official/department head: Date of Commissioners, Court approval: Date posted to General Ledger account(s): • 053 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 2 DATE: 9/27101 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNTNAME AMOUNT GL ACCOUNT NO. REASON 1000-550-51540 TEMPORARY 2,286 REQUIRED BY PAYROLL 10W55051910 SOCIAL SECURITY 175 1000-55D-51940 WORKERS COMPENSATION 139 1000-55051950 FEDERAUSTATE UNEMPLOYMENT 12 1000550.53510 ROADBRIDGE SUPPLIES (2,612) Total for GENERAL RIND (0) NET CHANGE IN TOTAL BUDGET (0� APPROVED D [SEP 2 8 2001 Is • • 854 BUDGET AMENDMENT REQUEST 0 G APPROVED p E 2 8 2001 C� 055 BIIDGET AMENDMENT REQUEST To: Calhounpokf unty Commissioners' Court From: 4 (Department making this request) Date: �1 I request an amendment to the budget for the year following line items.in my department: Amendment GL Accountt Account Name -- Amount ---- -------Reason ------------- ------------------ ----------- rp6q I500 00 5�)D- 530a00 200.0c) • 5q[)- 5"5510 Y o0 D --� 4:SEP q fl Net change in total budget for this department is: other remarks/justification: $ _0- I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • BUDGET AMENDMENT REQIIEST j 1 To: Calhoun nCount y CI9�_°iss nersL'J(.Court From: • v (W/D�WepJaLrttmentmVaking this request) Date: 17 h 1 I request an amendment to the jfor the year. following line 'tems in my department. AmGL Accourtt ccount Name AReason 5'lD-(�f�SgC� I 0 Net change in total byfdget for this department 4- -Other remarks/just' ication: Fri= I understand at my budget cannot be amended as Commission'er Court approval is obtained. Signature official/department head: Date of mmissioners' Court approval: Date )�osted to General Ledger account(s): • OR until 357 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT DATE: 9127101 BUDGET FOR THE YEAR: 2001 AMENDMENT GLACCOUNTNO. ACCOUNTNAME AMOUNT REASON 10OM70-51540 TEMPORARY 2,452 REQUIRED BY PAYROLL 100057051899 WORKERS COMP ADJUSTMENTS 1,415 1000570-514D9 MAINTENANCE EMPLOYEES (1,415) 100057051910 SOCIAL SECURITY 188 1000-570.51940 WORKERS COMPENSATION 149 1000570-51950 100057053510 UNEMPLOYMENT ROAD & BRIDGE SUPPLIES 13 Off, Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 SEp 2 8 ?001 a,6o 0 Cl To: Calhoun County Commissioners$ Court • From: (De ent ing this request) Data: / /�i D/ I request an amendment to the 0 e) budget for the following line itWW in my departments QL Iccount Amendment #_ ._ ]►aaount Name--- -- Amount---- -------Reason • Net change in total budget for this department iss Other remarks/justificaticn: I understand that mp budget cannot be amended as requested until Commissioners Court approval is obtained. Signature of official/department head: Date of Commissionary' Court approval: Dats posted to General Ledger account(s)s • • N 059 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: EMERGENCY MANAGEMENT DATE: 9127101 BUDGET FOR THE YEAR: 2001 AMENDMENT GLACCOUNT NO. ACCOUNT NAME MA OUNTPITEM SON 1000-630-MI6 TRAINING TRAVEL OUT OF COUNTY 30 SFER 100D-630-53310 PROGRAM SUPPLIES (30) Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APpR SEP 2 8 2001 • • ..1 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: • (Department making this request) Date: a —Iq 9 1 I request an amendment to the dU W budget for the year following line items in my department: Amendment GL Account # Account Name Amount �3e�-13�a� Net change in total budget for this department is: $ =vvevvevvaavv Other remarks/justification: _ Reason NAXvU _ (41_ -a -* 3� 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): 361 BUDGET AMENDMENT REQUE—11 ST To: Calhoun County Commissioners' Court From: (Department making this request) Date: q —dq--d I request an amendment to the a Q of budget for the year following line items in my department: Amendment GL Account-#- Account Name �� Amount ^_ o 6,�OA10 G N— Net change in total budget for this department is: Other remarks/justification: Reason�� I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): [362 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: (?-f� VL� • (Department making this request) Date: q. l5-0 ! I request an amendment to the a0 01 budget for the following line items in my department: Do GL"Account # Account Name Amendment _ Amount _ Reason Po *-qvck Net change in total budget for this department is: Other remarks/justification: e vvevenvevevs 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): • B63 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: AIRPORT DATE: 9127101 BUDGET FOR THE YEAR: 2001 M2610-9=99-65180 AMENDMENT ACCOUNT NAME AMOUNT REASON 520 BUILDING REPAIRSM TRANSFER RADIO MAINTENANCE 58 2610-999-66600 UTILITIES 489 Total for FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPR EVp D SEP 28 2WI • L.J 4 a • • • BUDGET AMENDMENT REQUEST Pr HOVED [SEP 2 8 X01 065 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: LATERAL ROAD FUND PCT NO.2 DATE: 911T101 BUDGET FOR THE YEAR: 2001 M�� M AMENDMENT GL ACCOUNT NO. ACCOUNTNAME MA OUNT REASON 2722-999-53510 ROAD & BRIDGE SUPPLIES 27 AS NEEDED 2722-999-46010 INTEREST (27) Total rorFUNO p NET CHANGE IN TOTAL BUDGET 0 APPROVED ESEP 2 g apt • 33 • 0 BUDGET AMENDMENT REQUEST APPROVED [SEP 2 8 2001 • • 3 q 067 • BUDGET AMENDMENT REQUEST ®VED 8 200• 0 IN BUDGET AMENDMENT RECJUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -MOLD REMEDIATION DATE: 9/27/01 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNT NAME AMOUNT GL ACCOUNT NO. REASON 5210-999-63920 MISCELLANEOUS 210 LINE ITEM TRANSFER 5210-999-63990 MOLD REMEDIATION (210) imwTotal for FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED SEP 2 8 2001 369 CALHOUN COUNTY, TEXAS Unposted Budget Transactions -REVENUE ADJUST. 928/01 Fund Session Code Date Fund Title Transaction Description Dept Title GL Title Increase Decrease 1000 9282001 GENERAL FUND REQUIRED BY PAYROLL REVENUE 1000 9282001 GENERAL FUND POSTAGE REIMB. BY HOT REVENUE CHECK RESTITUTION (RCPP #9413) 1000 9282001 GENERALFUND LEASE OF PCP I TRAILER REVENUE BY GLO SEAFOOD COMPOST. GRANT Total 9282001 Total GENERAL FUND 1000 2721 9282001 LATERAL ROAD FUND AS NEEDED PRECINCT#1 Total 9282001 Total LATERAL ROAD FUND 2721 PRECINCT #t 2722 92g2001 LATERAL ROAD FUND ASNEEDED PRECINCT #2 Total 9282001 Total LATERAL ROAD FUND 2722 PRECINCT #2 2723 9282001 LATERAL ROAD FUND AS NEEDED PRECINCT #3 Total 9282001 Total LATERAL ROAD FUND 2723 PRECINCT #3 RECOVERIES -INSURANCE 2,468.00 MISCELLANEOUS REVENUE 55.00 MISCELLANEOUS REVENUE 2,000.00 4,523.00 0.00 4,523.00 0.00 NO DEPARTMENT INTEREST INCOME 27.00 27.00 0.00 27.00 0.00 NO DEPARTMENT INTEREST INCOME 27.00 27.00 0.00 27.00 0.00 NO DEPARTMENT INTEREST INCOME 27.00 APPROVED 27.00 0.00 SEP 9 8 2001 27.00 0.00 Fond Session Code Date Fond Title 2724 9282001 LATERAL ROAD FUND PRECINCT #4 Total 9282001 Total LATERAL ROAD FUND 2724 PRECINCT #4 Report Total •CALHOUN COUNTY, TEXAS Unposted Budget Transactions - REVENUE ADJUST. 928/01 Transaction Description Dept Title GL Title AS NEEDED NO DEPARTMENT INTEREST INCOME APPROVED SEP 2 8 2001 • Increase Decrease 27.00 27.00 0.00 27.00 0.00 twe: vmrsoot PW:2 N Fond Code 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Effective Date Fund Title 9292001 GENERAL FUND 9128/2001 GENERAL FUND 9282001 GENERALFUND 9282001 GENERAL FUND 9282001 GENERALFUND 9282001 GENERAL FUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERAL FUND 928/2001 GENERALFUND 9282001 GENERAL FUND 9282001 GENERAL FUND 9282001 GENERALFUND 9282001 'GENERALFUND 9282001 GENERALFUND 9292001 GENERALFUND 9/282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERAL. FUND 1000 9282001 GENERAL FUND 0 CALHOUN COUNTY, TEXAS Unposted Budget Tmsactions - EXPEND.ADJUST.FOR 928/01 Transacnon Description PO #14271 PO #14271 PO #14539 (PORTION OF NEW A/C FOR HALF MOON REEF LIGHTHOUSE) PO #14539 (PORTION OF NEW A/C FOR HALF MOON REEF LIGHTHOUSE) AS NEEDED AS NEEDED AS NEEDED AS NEEDED AS NEEDED AS NEEDED AS NEEDED REPLACE A/C AT MAIN LIBRARY INSTALL 2 POLES FOR NEW SKEETRANGE INSTALL 2 POLES FOR NEW SKEET RANGE REQUIRED BY PAYROLL JAILER TRAINING REQUIRED BY PAYROLL JAILER TRAINING ROUNDING AMOUNT NEEDED FOR FINAL BILLING FYE 123100 AUDIT PO If 14560, PO 014561 Dept Title EXTENSION SERVICE EXTENSION SERVICE HISTORICAL COMMISSION GI, Title �4 5Fp I crcas� ee —! AUTO ��% I ALLOWANCES CS AGENT AUTO ALLOWANCES-COAGENT LIGHTHOUSE MAINTENANCE HISTORICAL COMMISSION CAPITAL OUTLAY 1,000.00 LIBRARY LIBRARY LIBRARY MUSEUM MUSEUM BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE JAIL OPERATIONS JAIL OPERATIONS JAIL OPERATIONS JAIL OPERATIONS TAX APPRAISAL DISTRICT COMMISSIONERS COURT COMMISSIONERS COURT • UTILITIES -MAIN LIBRARY UTILITIES -POINT COMFORT LIBRARY UTILITIES-SEADRIFT LIBRARY REPAIRS -MUSEUM UTILITIES -MUSEUM UTILITIES -AG BLDG/FAIRGROUNDS UTILITIES -COURTHOUSE AND JAI. CAPITAL OUTLAY CAPITAL OUTLAY IMPROVEMENTS -JAIL ADDITIONAL PAY -REGULAR RATE PRISONER CLOTHING/SUPPLIES PRISONER LODGING -OUT OFCOUNTY TRAINING TRAVEL OUT OF COUNTY TAX APPRAISAL SERVICES AUDITING SERVICES 667.00 1,000.00 72.00 59.00 13.00 60.00 60.00 1,346.00 1,346.00 7,350.00 1,500.00 1,500.00 1,045.00 3,000.00 1,045.00 3,000.00 1.00 2.300.00 PATHOLOGIST FEES 3,360.00 pw:I I • Fund Effective Code Daze Fund Title 1000 9282001 GENERAL FUND 1000 1000 1000 1000 1000 1000 1000 1000 1000 I000 1000 1000 1000 1000 1000 1000 1000 1000 1000 9282001 GENERAL FUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERAL FUND 9282001 GENERALFUND 9282001 GENERAL FUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERAL FUND 9282001 GENERAL FUND 9282001 GENERAL FUND 9282001 GENERALFUND 9282001 GENERAL FUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERAL FUND • CALHOUN COUNTY, TEXAS is Unposted Budget Transactions - EXPEND.ADJUST.FOR 928/01 Transaction Description TO PROPERLY CHARGE MAINTENANCE AGREEMENT FOR AIS MACHINE TO PROPERLY CHARGE MAINTENANCE AGREEMENT FOR AIS MACHINE ROUNDING AMOUNT NEEDED FOR FINAL BILLING FYE 123I00 AUDIT PO #14560, PO # 14561 MENTAL COMMITMENTS REPLACE A/C AT MAIN LIBRARY MENTAL COMMITMENTS PO # 10460 PO # 10460 LINE ITEM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS POSTAGE REHAB. BY HOT CHECK RESTITUTION(RCPF #9413) REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFERS Dept Title ELECTIONS ELECTIONS MISCELLANEOUS INDIGENT HEALTH CARE INDIGENT HEALTH CARE INDIGENT HEALTH CARE INDIGENT HEALTH CARE COUNTY COURT DISTRICT COURT DISTRICT COURT JUSTICE OF PEACE -PRECINCT # 1 JUSTICE OF PEACE -PRECINCT #1 JUSTICE OF PEACE -PRECINCT # 1 JUSTICE OF PEACE -PRECINCT #1 DISTRICT ATFORNEY ROAD AND BRIDGE -PRECINCT #I ROAD AND BRIDGE -PRECINCT # I ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT # I ROAD AND BRIDGE -PRECINCT #1 GL Title Decrease ELECTION SUPPL l f F ,�ati 1,750.00 Fp sM�^ s CONTRACT CES 81;798,00 / INSURANCE -LAW 1.00 ENFORCEMENT LIAB \V/ CARE OF INDIGENTS 2,300.00 CARE OF INDIGENTS CARE OF INDIGENTS CARE OF INDIGENTS MENTAL COMMITTMENT SERVICES COURT REPORTER SPECIAL LEGAL SERVICES -COURT APPOINTED GENERAL OFFICE SUPPLIES MACHINE MAINTENANCE OMNIBASE PROGRAM SERVICES TRAVEL INCOUNTY POSTAGE TEMPORARY SOCIAL SECURITY WORKMENS COMPENSATION FEDERAL/STATE UNEMPLOYMENT MACHINERY PARTS/SUPPLIES 3,360.00 868.00 7,350.00 868.00 5,050.00 5,050.00 200.00 100.00 100.00 200.00 55.00 2,184.00 167.00 132.00 12.00 132.00 C3 1hre: M7=1 P,s :2 W Fund Code 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Effective Date Fund Title 9282001 GENERAL FUND 9282001 GENERALFUND 9/282001 GENERALFUND 9/282001 GENERALFUND 9282001 GENERALFUND 9/282001 GENERALFUND 9/282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERALFUND 9292001 GENERALFUND 9282001 GENERALFUND 9/282001 GENERALFUND 9282001 GENERALFUND 929/2001 GENERALFUND 9282001 GENERALFUND 92g2001 GENERAL FUND 928/2001 GENERALFUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERALFUND 9282001 GENERALFUND CALHOUN COUNTY, TLXAS Unposted Budget Transactions - EXPENDADIUST.FOR 928101 Transaction Description LINE ITEM TRANSFERS LINE ITEM TRANSFERS LEASE OF PCT 1 TRAILER BY GLO SEAFOOD COMPOST. GRANT LINE ITEM TRANSFERS LINE ITEM TRANSFERS LINE TI'EM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL LINE ITEM TRANSFERS LINE ITEM TRANSFERS LINE ITEM TRANSFERS REQUIRED BY PAYROLL REQUIRED BY PAYROLL REQUIRED BY PAYROLL Dept Title ROADAND BRIDGE -PRECINCT #1 ROADAND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT # 1 ROADAND BRIDGE -PRECINCT #1 ROADAND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT # 1 ROADAND BRIDGE -PRECINCT #1 ROAD AND BRIDGB-PRECINCT#2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE PRECINCT#2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROADAND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROADAND BRIDGE -PRECINCT #3 ROAD AND BRIDGE -PRECINCT #3 ROAD AND BRIDGE -PRECINCT #3 GL Title ROAD & BRIDGE SUPPLIES' ROAD & BRIDGE SUPPLIES ROAD & BRIDGE SUPPLIES TIRES AND TUBES SUPPLIES -MISCELLANEOUS CLEANING-INDIANOLA PARKS RADIO MAINTENANCE TELEPHONE SERVICES RENOVATION -BUILDING TEMPORARY SOCIAL SECURITY WORKMENS COMPENSATION FEDERAL/STATE UNEMPLOYMENT ROAD & BRIDGE SUPPLIES GASOLINF/OMMIESEUGR.. EQUIPMENT RENTAL MACH NERY/EQUIPMENT REPAIRS OVERTIME SOCIAL SECURITY RETIREMENT Increase 28 y�ecrease� 2,000.00 25.00 1,226.00 315.00 120.00 99.00 16.00 1,150.00 2,286.00 175.00 139.00 12.00 1,000.00 3,800.00 252.00 19.00 23.00 2,612.00 4,800.00 o : M= • Ng.: 3 • Fund Code 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Un¢ 9272001 Elective Date Fund Tide •CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADJUST.FOR 928/01 Tt m9action Description Dept Tide GL Tide r� u 9282001 GENERALFUND REQUIRED BY PAYROLL ROAD AND WORKMENSpp 69 BRIDGE -PRECINCT #3 COMPENSATION W=001 GENERALFUND REQUIRED BY PAYROLL ROAD AND FEDERAL/STATE 1.0 BRIDGE -PRECINCT #3 UNEMPLOYMENT 9282001 GENERALFUND LINE ITEM TRANSFERS ROAD AND ROAD & BRIDGE SUPPLIES BRIDGE -PRECINCT #3 9/20001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND MACHINERY/EQUIPMENT 500.00 BRIDGE -PRECINCT #3 REPAIRS 9282001 GENERAL FUND LINE ITEM TRANSFERS ROAD AND TELEPHONE SERVICES 100.00 BRIDGE -PRECINCT #3 9282001 GENERALFUND REQUIRED BY PAYROLL ROAD AND MAINTENANCE EMPLOYEES BRIDGE -PRECINCT #4 9282001 GENERAL FUND REQUIRED BY PAYROLL ROAD AND TEMPORARY 2,452.00 BRIDGE -PRECINCT #4 9282001 GENERALFUND REQUIRED BY PAYROLL ROAD AND WORKERS COMP 1,415.00 BRIDGE -PRECINCT #4 ADJUSTMENTS 92&2001 GENERALFUND REQUIRED BY PAYROLL ROAD AND SOCIAL SECURITY 188.00 BRIDGE -PRECINCT #4 9282001 GENERALFUND, REQUIRED BY PAYROLL ROAD AND WORKMENS 149.00 BRIDGE -PRECINCT #4 COMPENSATION 9282001 GENERALFUND REQUIRED BY PAYROLL ROAD AND FEDERA11STATE 13.00 BRIDGE -PRECINCT #4 UNEMPLOYMENT 9282001 GENERALFUND LINE ITEM TRANSFERS ROAD AND GENERAL OFFICE SUPPLIES 200.00 BRIDGE -PRECINCT #4 9282001 GENERALFUND LINE ITEM TRANSFERS ROAD AND ROAD & BRIDGE SUPPLIES BRIDGE -PRECINCT #4 9282001 GENERALFUND LINE ITEM TRANSFERS ROAD AND ROAD & BRIDGE SUPPLIES BRIDGE -PRECINCT #4 9282001 GENERALFUND REQUIRED BY PAYROLL ROAD AND ROAD & BRIDGE SUPPLIES BRIDGE-PRECINCT#4 9/292001 GENERALFUND LINE ITEM TRANSFERS ROAD AND UNIFORMS 1,200.00 BRIDGE -PRECINCT #4 9282001 GENERALFUND LINE ITEM TRANSFERS ROAD AND UNIFORMS 1,500.00 BRIDGE -PRECINCT #4 9292001 GENERAL FUND LINE ITEM TRANSFERS EMERGENCY GENERAL OFFICE SUPPLIES 22.00 MANAGEMENT 9282001 GENERALFUND, LINE ITEM TRANSFERS EMERGENCY PROGRAM SUPPLIES MANAGEMENT 9282001 GENERALFUND LINE ITEM TRANSFERS EMERGENCY PROGRAM SUPPLIES MANAGEMENT 928200I GENERALFUND LINE ITEM TRANSFERS EMERGENCY TRAINING TRAVEL OUT OF 30.00 MANAGEMENT COUNTY 910.00 1,415.00 1,200.00 1,700.00 2,802.00 22.00 30.00 CALHOUN COUNTY, TEXAS Un sted Budget Transactions - EXPENDAD3USTFOR 928/01 Pu .. g Sep s Fund Effective Code Date Fund Tide Transaction Description Dept Title GL Title Incre� Dec' e 1000 9292001 GENERAL FUND PRINTER SERVICE CALL ADULT PROBATION GENERAL OFFICE SUPPL 1 0.00 (PO#2345) 1000 9282001 GENERAL FUND PRINTER SERVICE CALL ADULT PROBATION MISCELLANEOUS 120.00 (PO#2345) 1000 9292001 GENERAL FUND REQUIRED BY PAYROLL SHERIFF ADDTI70NAL 1,810.00 PAY -REGULAR RATE 1000 9282001 GENERAL FUND TO PROPERLY CHARGE SHERIFF GENERAL OFFICE SUPPLIES 2,495.00 ANNUAL SOFTWARE SUPPORT (PO#15022) 1000 9282001 GENERAL FUND REQUIRED BY PAYROLL SHERIFF AUTOMOTIVE REPAIRS 1,810.00 I000 • 9282001 GENERAL FUND TO PROPERLY CHARGE SHERIFF MACHINE MAINTENANCE 2,495.00 ANNUALSOFTWARE SUPPORT (PO#15022) 1000 9282001 GENERAL FUND REQUIRED BY PAYROLL SHERIFF REPAIRS -INSURANCE 2,468.00 RECOVERY 1000 9282001 GENERAL FUND TO PROPERLY CHARGE CRIME VICTIMS TEMPORARY 200.00 PO#9846 ASSISTANCE 1000 9282001 GENERAL FUND TO PROPERLY CHARGE CRIME VICTIMS TRANSCRIPTION SERVICES 200.00 PO#9846 ASSISTANCE Total GENERAL FUND 59,886.00 55,363.00 1000 2610 9282001 AIRPORT FUND LINE ITEM TRANSFERS NO DEPARTMENT BUILDING REPAIRS $47.00 2610 9282001 AIRPORT FUND LINE ITEM TRANSFERS NO DEPARTMENT RADIO MAINTENANCE 58.00 2610 9282001 AIRPORT FUND LINE ITEM TRANSFERS NO DEPARTMENT UTILITIES 489.00 Total AIRPORT FUND 547.00 547.00 2610 2721 9282001 LATERAL ROAD FUND AS NEEDED NO DEPARTMENT SUPPLIES -ROAD AND 27.00 PRECINCT # I BRIDGE Total LATERAL ROAD FUND 27.00 0.00 2721 PRECINCT#1 2722 9282001 LATERAL ROAD FUND AS NEEDED NO DEPARTMENT ROAD & BRIDGE SUPPLIES 27.00 PRECINCT #2 Total LATERAL ROAD FUND 27.00 0.00 2722 PRECINCF #2 2723 9282001 LATERAL ROAD FUND AS NEEDED NO DEPARTMENT ROAD & BRIDGE SUPPLIES 27,00 PRECINCT #3 Dae: 921(L001 . • P�ge:S • . s ALHOUN COUNTY, TEXAS • Unposted Budget Transactions - EXPEND.ADJUST.FOR 928/01 O C3�w A m� O A y G.m O »,s'�o - o z O W +w< Ky C w ',21 t1i C O 00 00 o'n a 0 < o CL w `� a� j tzr4.boa w m w !v ON Dq' m M O cd bg T O w A. `OG wy O, O 0 7� A 0 00 fog t — to m F . CLe! O 0`0 M n c�y ag'g�m c a w m a 6�o O 6fDo a� o• Fond Effective Code Date Fund Tide Transaction Description Total LATERAL ROAD FUND 2723 PRECINCT N3 2724 9282001 LATERAL ROAD FUND AS NEEDED PRECINCT M4 Total LATERAL ROAD FUND 2724 PRECINCT A4 5210 9282001 CAPITAL PROJECFMOLD LINE ITEM TRANSFER REMEDIATION 5210 9282001 CAPITAL PROJECFMOLD LINE ITEM TRANSFER REMEDIATION Total CAPITAL PROJECTMOLD 5210 REMEDIATION Report Total Dept Title GL Title Increase Decrease 27.00 0.00 NO DEPARTMENT ROAD & BRIDGE SUPPLIES 27.00 27.00 0.00 NO DEPARTMENT MISCELLANEOUS 210.00 NO DEPARTMENT MOLD REMEDIATION 210.00 210.00 210.00 Sep 2 8 �01 60,751.00 56,120.00 C3 D.v:: M7nmt 2 PW:6 APPROVAL OF MINUTES A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the minutes of May 14, 2001 be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • Arlene N. Marshall H. Floyd County Judge Commissioner, Pet. 3 Roger C. Galvan :Kenneth W. Finster Commissioner, Pet I Commissioner, Pet. 4 Michael J. Balajka Shirley Foester Commissioner, Pct, 2 Deputy County Clerk GENERAL DISCUSSION • Commissioner Balajka reported he has gotten calls from attorneys regarding scheduling of Court for next year. He asked the status of the Courthouse. Commissioner Galvan stated it will cost about $1 i/2 million to clean up the courthouse from the mold. Judge Marshall said moving out of the courthouse during the clean up and replacement of the air conditioning system may have to be considered. The procedure may take four to six months. Commissioner Floyd suggested the Court receive a status report from Hal Arnold, Regional General Adjuster ofBeneke/ Adjusters International. Commissioner Balajka mentioned a public information pamphlet from Ann Berger, financial advisor, regarding the EMS facility is being prepared. He will distribute it to the Court for suggestions and/or any changes. He will discuss distributing the public forms in several places. Commissioner Galvan reported the insurance adjuster agreed to an extra $150,000 damages at the Ag Building due to damages from a recent storm. Sheriff Browning stated that after the September 11, 2001 attacks, the Sheriff's Department has had calls from the local plants regarding reported bomb threats. Formosa and others who helped in the past now say their cup is full. The Sheriffs Department has not been able to get a bomb detection's dog and they have been having to check out any bomb scares themselves at the BP Chemical Plant and at the schools. He said a dog . would cost about $10,000. He has an offer of a dog for $7,800, which includes 4 weeks training. He would like to get the court's approval to follow up on this. THE COURT ADJOURNED AT 12:00 P.M. 378 SPECIAL OCTOBER TERM HELD OCTOBER 4, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 4th day of October, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:30 AM., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge (Judge Marshall arrived at the meeting at 11:10 A.M.) Roger C. Galvan Commissioner, Pct. 1 Michael J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pct. 4 Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Judge Pro Tern Finster led the Pledge of Allegiance. MOLD REMEDIATION IN COURTHOUSE — REPORT FROM ADJUSTER Judge Pro Tern Finster opened the meeting at 10:30 A.M. Commissioner Galvan introduced Hal Arnold, General Adjuster of Beneke/Adjusters International who gave an update regarding the mold remediation of the courthouse. Mr. Arnold said he sent Myron Wazeneck, adjuster for the mold with Zurich America, a mold report. He had assigned the Houston adjuster, Tim Dendy, to meet with Hal to do his initial survey and walk through the damages. They have come through all the loss development and have all the reports from the mold survey. Their estimate is damages over a million dollars. Mr. Dendy, the adjuster of record for Zurich American, has presented all the information which has been formulated to the carriers. Hal and Mr. Dendy will walk through the courthouse and verity what has been presented to the carrier. Mr. Dendy may get his own expert and have another meeting with Hal. The time frame will be approximately 3 to 4 months. Hal said, based on the mold reports he has and the scope of work he presented to the carrier, the courthouse will have to be vacated. The cost of removal and bringing back will be about a million dollars. One of the major issues is the ductwork. After repairs (bad materials removed) are done, there will be a clearance test and if this test passes, then construction or permanent repairs take place. One of the main issues is whether the ductwork can be cleaned and pass clearance. His experience is that it cannot. It will be literally impossible to remove the courthouse ductwork without removing the ceiling. When the ceiling is removed, the contaminates become airborne. Mold does not adhere to plaster so the walls do not have to be removed. Hal says all ceilings have to be removed so every room needs to be vacated. After Hal meets with Mr. Dendy this afternoon, he does not know how long it will take • for them to agree. He will know more when they do a walk-through today. He stated that repairs will take four to six months after starting the work. Commissioner Balajka mentioned the need to plan for large trials scheduled for the first of the year. 079 Wanda Roberts, local attorney, questioned putting a million dollars into courthouse repairs being a foregone conclusion. She said the courtrooms were outdated and asked if other options will be considered. Commissioner Finster stated the courthouse needs to be fixed or tom down. Commissioner Floyd suggested that the most cost-effective option for the people be . considered. The scope of work for remediation is needed for Charlie Crober, Hal and the contractor. The cost of all aspects of the remediation needs to be known and it should be done on some sort of schedule. Hal replied that if the scope and scale is correct, all will take care of itself. The remediation possibly could be done a section at a time if other areas are cut off completely at that time. Commissioner Floyd stated we will come out of this with a range of costs and a best and worst case schedule and then we can look at the overall costs and compare them to our options. Commissioner Balajka asked if the costs of moving prisoners and radio equipment was included in the cost comparison or analysis figure he quoted. Hal said all of that is not covered. The county has a $10,000 extra expense provision in the contract. Moving prisoners is not a part of that. Local attorney, Anne Marie Zirkelback, said that attorneys at a Bar Association meeting posed several questions for the court: 1. Is not doing remediation an option? 2. Have diminishing returns on repairs been considered: A/C and heating problems; electrical problems, the smell and office appropriateness? 3. Is there a coverage issue? (some attorneys have offered to look at the • County's policy for coverage opinions at no cost). 4. Are demands being made? We don't want to leave any money with the insurance company. Hal said the discovery process will be looked at very closely and brought to the Court for a final decision. Mark Daigle, Chief Deputy Sheriff, discussed the prisoner situation. He said the housing alone will be $100,000 a month plus a facility is needed here to hold their property, a holding cell, a de-tox cell, a place for records and a place for attorneys to meet with them. This will probably take up the million dollars. Commissioner Balajka said the jail feasibility study contract was approved last Friday. Hal said apparently the Sheriff had some problems and the insurance company had no time to check into this. The plumbing system and repairs due to this are covered. Multiple claims and problems and other problems of the past — this problem is a part of a previous claim — the insurance company does not want to pay for all the damages again. Judge Hernandez said the issue of where to hold Court needs to be addressed. Hal said the damages check will be payable to the County which is entitled to actual cost value. There is depreciation on the tiles to consider — the big issue is the asbestos. They • will pay the actual cost value in one lump sum payment. Hal stated they will (1) get the results of the tests (2) do a scope of work and (3) verify and five the final report at Christmas time. JUDGE MARSHALL ARRIVED AT 11:10 A.M. Dan Heard, District Attorney, stated three courtrooms would be needed for next year. Wanda Roberts said the Bar Association could recommend the necessary footage of the courtrooms. County Auditor Ben Comiskey asked the possibility of having the building declared unlivable and demolished based on the fact that the jail is on the third floor and is a continuing problem. Will the insurance company pay every time? Hal said he doesn't think the insurance carrier is aware of this situation. This does not make the building obsolete. This is not a peril, it is a problem. if the problem is not fired, the policy may be dropped. His estimate is based on four different walk throughs. Mr. Comiskey asked it this could be taken to court. Hal replied that mold claims are not the easiest to handle. • You can't do a mold claim for less than $30,000. There are a lot of different opinions. Mr. Comiskey asked if it was possible that the courthouse, other than the jail, could be evacuated and then remove the prisoners and build a new jail. Hal said the costs of moving the offices out could be greater than building a new jail. Commissioner Floyd stated that the total cost to do everything is needed, not just what the insurance company will cover. Hal said "extra expenses" need to be defined. His price is based on prior claims but there could be an open end. Commissioner Floyd stated the courthouse will have to be evacuated to do the remediation. Commissioner Balajka said there would still be a safety and health issue for people who are not moved. Commissioner Floyd stated the insurance negotiation is not for total costs and to vacate the building. Mr. Comiskey suggested getting an architect to see about making the mall into a new courthouse. Commissioner Floyd stated the cost of the problem is bigger than the insurance settlement. All options have to be considered. The Court mentioned the need to (1) move ahead, (2) have counsel look at the policy, (3) look at the options, and (4) have a plan to move people from the courthouse into the mall. Mrs. Roberts offered to get a drawing of courtrooms for the Court and said tow law firms will look at the policy. iNo action was taken by the Court. THE COURT ADJOURNED AT 11:35 A.M. 0 REGULAR OCTOBER TERM HELD OCTOBER 8, 2001 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 8th day of October, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pet. 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. BIDS AND PROPOSALS — FUEL BIDS The following bids were received for fuel for the period beginning October 16, 2001 and ending November 15, 2001, and after reviewing said bids a Motion was made by Commissioner Floyd and seconded by Commissioner Balajka that Mauritz and Couey, the only bidder, be awarded the bid for both the fuel to be delivered and the automated I ard system fuel. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. FUEL BID i LPROPOSAL IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWWO FUELS TO THE LOCATIONS INDICATED IN THE SPECIFICATIONS. - PRICE�GALLON X APPROXIMATE = TOTAL GAL I ONSMO UNLEADED GASOLINE S • i�Z PREMIUM L-NLE.ADED GASOLINE S__;9 /'S DIESEL FUEL lLOW SULFUR) S__79s X ISDO - S 4000 ' SI'� X 2400 - s 5r TOTAL BID PRICE 5 la3.S6 THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING OCTORFR Ifi 0n14ND ENDING ''OVENBER 15. 20ol, NO PRICE CHANGES WILL BE .ALIAwED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE I.\tiNOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER. CITY. STATE. ZIP: tntZ N L, PHONE NUMBER:Z& / - SS L - %C04 PRINTNAME: /OM f AUTHORIZED SIGNATURE: TITLE: e, t7L. P'/ DATE: /O / 70 0 • 382 FUEL BED PROPOSAL IN RESPONSE To YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL, WE THE UNDERSIGNED, AGREE TO FURNISH FUEL, ACCORDING To THE ATTACHED FUEL SPECIFICATIONS, USING AN AUTOMATED CARD SYSTEM, TO THE COUNTY'S SHERIFF'S DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL, EMERENCEY MEDICAL SERVICE • AND OTHER VEHICLES AS DESIGNATED FROM TIME TO TIME BY THE COMMISSIONERS COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE FOLLOWING TWENTY-FOUR HOUR AVAILABILITY LOCATION: PRICE PE�IlGALLON UNLEADED GASOLINE S £f1 Mr W GRADE S • 9(, PREMIJIM UNLEADED GASOLINE S DIESEL FUEL LOCATION://� Ausri.✓ S-_ (M&BE W1TmN THE CrrY OF PORT LAVACA OR WITHIN A (5) FIVE MILE RADIUS OF THE CITY OF PORT LAVACA.) i THE CONTRACT WILL BE FOR THE PERIOD BEGINNING OCTOBER %. 200I AND ENDING NOVEMBER IS 2001. No PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT INVOICES ON PURCHASES TO THE PURCHASING DEPARTMENT. PRICE QUOTED DO NOT INCLUDE TAXES. NAME OFBIDDER: %y%H t/2 'r2. � �Ou(c�, ADDRESS: .gi/& w Aa1'i.Sr.//-/� V Aa7Y /7uu Cn'Y,STATE=: A z % LPTdJRGN / V TN 14 PHONE NUMBER: 3y/- SSL- lU � ; •Aar nATP• /0-/-d/ APPROVAL OF MINUTES A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the minutes of May 18, 2001, May 24, 2001 (Special), May 31, 2001, June 11, 2001, June 15, 2001, June 21, 2001 (Special), June 29, 2001 and June 29, 2001 (Special) meetings be approved as presented, Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Arlene M. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pet. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pet. 4 Shirley Foester Deputy County Clerk BONDS FOR EMS FACILITY Commissioner Balajka stated that the information packet he distributed to the Court concerning bonds will be explained by County Auditor Ben Comiskey. He stated that there are different levels (years) of bonds and the interest rates for the bond levels are listed. He sSid he had previously met with Ann Berger, County financial advisor, Ben Comiskey, Commissioner Floyd and Henry Barber-with.the EMS. Mr. Comiskey explained the information as to length of time for bonds (maturity) and advantages and disadvantages of the options. Commissioner Finster questioned the time as to when a building may be depreciated. Mr. Comiskey answered 40-50 years. He recommended the 20 year maturity; however, it will cost more to finance, and put a ten year call on the notes. He said this information packet, prepared by First Southwest, shows interest rates.as 1 to %I higher; interest rates are locked in. We anticipate rates will.go up. The fee for First Southwest is included in the figure shown,aloug with all other costs except election costs. Commissioner Floyd said if the EMS station was the only debt, 10 years would be good, but the jail, hospital, etc, need to be considered. It might be better to go for 20 years with 10 year call and integrate the debt servcies. Mr. Comiskey stated we need to keep debt services for the public at a level debt. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to accept the 20 year bond maturity option on the bonds with a 10 year call. Commissioner Floyd stated that a 5 year plan has to be developed to show other potential debt services. Mr. Comiskey said you will have to present a 5 year plan to sell these bonds for the EMS facility. A citizen questioned being able to sell these bonds if "your ducks are not in a row." Commissioner Balajka said the County has never had a 5 year plan. Ben Comiskey said the outstanding debt at the Memorial Medical Center is still $293,000 a year for 15 years (have paid three years). This is the hospital debt. The library debt is paid. The debt services shown in the packet is all hospital. Vote on Motion: Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. (The information packet is on file in the County Judge's Office.) APPROVE EMS INFORMATIONAL BROCHURE FOR PUBLIC DISTRIBUTION Commissioner Balajka stated an informational brochure regarding the EMS facility bond election will be presented at cost to the County from First Southwest, the County's financial advisor. A citizen asked if a group is opposed, would the County furnish funds for them to print their views. Commissioner Balajka said funds are already appropriated for the EMS facility. Juani.ece Madden asked if a group has an alternative proposal, can.their views be.published. Commiss- ioner Floyd stated we are going forward, we have the design, bond issue, etc. The intent of the brochure is only to give information it cannot state if the Court members are for or against the issue. Commissioner Balajka said brochures could be mailed or placed in loca- tions for distribution. He said this has been going on for months and other locations have been considered. A citizens spoke on the Memor- ial Medical Plaza being used for the EMS facility. Commissioner Balajka stated an architect stated years ago that the Plaza would be unusable for the EMS. Commissioner Floyd said none of the present members of the Court were here when the Plaza was bought. At that time, it was shown to be cost effective. A citizens asked if the Court has really looked at this and would they stand behind this decision. Commissioner Balajka answered, "yes, 1001." The EMS is not going to make money but it is needed. This is the best choice. Commissioner Floyd said he did not agree with everything, but this is the best option. Mrs. Maddea asked if the 5 year plan of, the County will be available to the public before the election. Commissioner Galvan said he did not see it happening soon. • • • i a1 Judge Marshall reminded them the question was, 'Will there be match- ing funds for opposing group.views?. Commissioner Balajka stated he did not think the public has been informed at all by the newspaper; however, there will be some news- paper coverage. If the opposition wants to go to the paper, it is up to them. Any Court action is for information only. Mr. Comiskey suggested that any group having non -biased information could combine it with the County's. Commissioner Finster discussed publication of the information and distribution of informational brochures. Commissioner Balajka • stated that other counties have done it this way when they sold bonds (distributed Trochures). Mrs. Madden said the brochure does not tell the. whole story - the figure shown.does not include interest. A Motion was made by Judge Marshall and seconded by Commissioner Finster for the Court to pay to copy the informational brochure to hand out, not using County funds for postage but allowing for an ad in the newspaper. In discussion, Commissioner Balajka said there will be a very informa- tional article in the paper by a reporter before the election. Commissioner Floyd expressed concern with handing out the brochure and Commissioner Finster suggested adding the interest amount in the brochure, to which Commissioner Floyd said it is in there. Vote on Motion: Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to authorize printing of the copies of the brochure in the cur- rent.form. tg be made available .for distribution at a cost not to exceed $500. In discussion, Commissioner Finster stated if anyone comes to me and wants a copy, I will give it to them - I do not want to mail it. Commissioner Balajka said any other group is not the Commissioners' Court which is obligated to the Public. • Vote on Motion: Commissioner Galvan, Balajka and Floyd all voted in favor. Commissioner Finster and Judge Marshall voted against. The Bond Issue PmWdtdb, as CalhThe bond issue is for a new 10,018 square foot EMS, Co--lad--and facility. The facility would house the EMS vehicles Cammlrslonirs.Court and provide adequate office, sleeping, storage and training space. The Cost It is estimated that the cost to construct, equip and fiapish the EMS facility will be approximately $1,320,000. Impact on Taxpayer It is estimated, based on current market interest rates, that $1,320,000 in bonds would require a tax rate increase of approximately _ C—) of one peonY or $ cents per 5100 assessed valuation The estimated increase to the taxpayers based on a home's appraised value WM exemptions would be as follows: • Ifyour Home's Annual Monthly Appraised Value is: jgt�,g;p Increase S30,000 50,000 70,000 90,000 THE FACTS .ABOUT THE CALHOUN COUNTY $1,320,000 BOND ELECTION PLEASE VOTE! TUESDAY NOVEMBER 6, 2001 7:00 A.M. TO 7:00 P.M. • • • A Message from the County Judge and Commissioners Court The Calhoun County Judge and Commissioners Court have called a bond election for the voters of Calhoun County to consider a bond issue in the amount of $U20,000 for a new EMS (Calhoun CountyEmagencyModical Services) facility. The Commissioners on February 28, 2001 hired architect Morgan Spear of Morgan Spear and Associates to determine the cost of a new EMS facility. August 31, 1001 the Commissioners Count voted to call for a bond election Nhvamler 6, 2001. History, November 1, 1980 Calhoun County Emergency Medical Services went into service to the citizens of Calhoun County, Calhoun County EMS is funded by Calhoun County. Calhoun County EMS moved Into its current location in the old fire station at 216 F. Mahn Street, Port Lavaca Texas in 1987. The existing facility was built in 1948. The existing facility consists of 7.000 square feet Of usable space. Fifty percent of the EMS units are outside of the building. With the bu ildings age and antiquated wmag system, a fire safety issue exists. Coupled with only one Way entry and exit and the sub floor of the sleeping quarters being above the truck bay, employee safety is an issue. About the Election 1. Who May Vote? Any one holding a valid voter's regishatioo certificate who has lived within the boundaries of Calhoun County for at lean A days prior to the election scheduled for Tuesday, November 6, 2001. 2. How Will the Ballot Relating to the Bond Election Read? The election scheduled for Tuesday, November 6, 2001 will have the pTIMeenoa for the Bond issue worded as follows: `SHALL THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS BE AUTHORIZED TO LSSUE BONDS OF THE COUNTY, IN ONE OR MORE SERIFS, IN THE AGGREGATE PRINCIPAL AMOUNT OF SP20POO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW EMERGENCY MEDICAL SERVICES FACILITY FOR THE COUNTY, WITH SAID BONDS TO MATURE, BEAR INTEREST, AND BE ISSUED AND SOLD IN ACCORDANCE WITH LAW AT THE TIME OF LSSUANCF, ALL WITHIN THE DISCRETION OF SUCH COMMISSIONERS COURT; AND SHALL THE COMMISSIONERS COURT BE AUTHORIZED TO LEVY AND PLEDGE, AND CAUSE TO BE ASSESSED AND COLLECTED, ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE COUNTY, SUFFICIENT, WITHIN THE LIMITS PROVIDED BY LAW, TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS?' 3. Who Should I Contact for Additional Information? Commissioner Balaj6a— (361) 552-9656 Henry Berber— (361) 552-1140 4. When and Where Will Early Voting be Held? Early voting will be held between Monday, October 22, 2001 through Friday, November 2, 2001 at the following location between 8:00 A.M. to 5:00 PM. on each weekday. Calhoun County Courthouse 211 S. Am Street Port Lavaca, Tunas 5. When and Where WID the Election be Hell? The election wr71 be held Tuesday, November 6, 2001 from 7:00 AM. to 7:00 P.M. at the following locations: County Election Precinct No. 1 2 3 4 5 6 7, 8, 9 10 Location and AddressCut Calhow Co. Courthouse Annex Port lavaa 201 W. Austin tklhmm Co. Library Pon Lavaca 200 W. Mahan St Roosevelt Elementary School Pad Levan 300Aka Drive FhnAaemblyofOod Cfiurch Pad lavaa 301 Aka Dr. VFWPosta/403 Port Levan Hwy316 atFM 2433 Precinct I Warehouse Pon Leven Matrons Bach, FM 2760 lrkam Ele®ttayScLrol PartLevan 14203aclnoost Sw1i�tCala Balling (Warms Part Levan School) 204 W. Alta wdlrms 11,12 Travis Middle School 705 N. Nueces 13 Salem lavherep Church 2101 N. Vogmia II Coastal Hallhure resort 524 V01age Rd 15 Knights ofCobnnba Hall FM 3094 16 Precinct Warehouse FM 1090 17 Senior cluccea Canter Career of B Main A S. Grodahpe Is CCLSD District Office 525 N. Contraries, 19 Teas Sure Hull Dept. Bldg. 2275 N. Hwy. 35 20 First Baptist Church 902 Camoim St 21 BauerCommmiryCara 2300 N. Hwy. 35 22 Pant Comfort City Han 1021ona St 23 Onvu Co®unity Ceara Canty Rod318 24,25A America Gl Fain Bldg. Hwy. 87 North 25 Hatch Bead Camay Club ORHwy. 35 south 26 WCm al 11 rm West ofPW Levaaon Hwy35 South 27 Sca"Cuyllan Main A Daun street 28 Pact O'Cuonor Fire Station 66 st Poe Levees Pon Lesson Port levee Su Mile SIX Mile Part Levaa Port Lavaca Pon lovace Port favaa Pon Lavaca Point Comfort Ohivia Poe Levan Pon Levan Pare Levan Seadrift Pat O'Connor About the Election 1. Who May Vote? Any one holding a valid voter's registration certificate who has lived within the boundaries of Calhoun County for at least 30 days prior to the election scheduled for Tuesday, November 6, 2001. 2. How Will the Ballot Relating to the Bond Election Read? The election scheduled for Tuesday, November 6, 2001 will have the proposition for the Bond issue worded as follows: "SHALL THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS BE AUTHORIZED TO ISSUE BONDS OF THE COUNTY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,320,000 FOR THE CONSTRUCTION AND EQUIPPING OF A NEW EMERGENCY MEDICAL SERVICES FACILITY FOR THE COUNTY, WITH SAID BONDS TO MATURE, BEAR INTEREST, AND BE ISSUED AND SOLD IN ACCORDANCE WITH LAW AT THE TIME OF ISSUANCE, ALL WITHIN THE DISCRETION OF SUCH COMMISSIONERS COURT; AND SHALL THE COMMISSIONERS COURT BE AUTHORIZED TO LEVY AND PLEDGE, AND CAUSE TO BE ASSESSED AND COLLECTED, ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE COUNTY, SUFFICIENT, WITHIN THE LIMITS PROVIDED BY LAW, TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS?" 3. Who Should I Contact for Additional Information? Commissioner Balajka — (361) 552-9656 Henry Barber —(361) 552-1140 4. When and Where Will Early Voting be Held? Early voting will be held between Monday, October 22, 2001 through Friday, November 2, 2001 at the following location between 8:00 A.M. to 5:00 P.M. on each weekday: Calhoun County Courthouse 211 S. Ann Street Port Lavaca, Texas 5. When and Where Will the Election be Held? The election will be held Tuesday, November 6, 2001 from 7:00 A.M. to 7:00 P.M. at the following locations: County Election Precinct No. Location and Address 1 Calhoun Co. Courthouse Annex 201 W. Austin 2 Calhoun Co. Library 200 W. Mahan St 3 Roosevelt Elementary School 300Alcoa Drive 4 First Assembly of God Church 301 Alcoa Dr. 5 VFW Post#4403 Hwy 316 at FM 2433 6 Precinct I Warehouse Magnolia Beach, FM 2760 7, 8, 9 Jackson Elementary School 1420 Jackson St 10 Sunlight Girls Building (Wilkins School) 204 W. Alice Wilkins City Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca 11,12 Travis Middle School Port Lavaca 705 N. Nueces 13 Salem Lutheran Church 2101 N. Virginia 14 Coastal Healthcare Center 524 Village Rd 15 Knights of Columbus Hall FM 3084 16 Precinct 2 Warehouse FM 1090 17 Senior Citizens Center Comer of E. Main & S. Guadalupe 18 CCISD District Office 525 N. Commerce 19 Texas State Highway Dept. Bldg. 2275 N. Hwy. 35 20 First Baptist Church 902 Calhoun St. 21 Bauer Community Center 2300 N. Hwy. 35 22 Point Comfort City Hall 102 Jones St. 23 Olivia Community Center County Road 318 24, 25A America GI Forum Bldg. Hwy. 87 North 25 Hatch Bend Country Club Off Hwy. 35 South 26 WCID #1 1 I on. West of Port Lavaca on Hwy 35 South 27 Seadrift City Hall Main & Dallas Street 28 Port O'Connor Fire Station 66 St. Port Lavaca Port Lavaca Six Mile Six Mile Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Point Comfort Olivia Port Lavaca Port Lavaca Port Lavaca Seadrift Port O'Connor 0 0 Is • • A Message from the County Judge and Commissioners Court The Calhoun County Judge and Commissioners Court have called a bond election for the voters of Calhoun County to consider a bond issue in the amount of $1,320,000 for a new EMS (Calhoun County Emergency Medical Services) facility. The commissioners on February 29, 2001 hired architect Morgan Spear of Morgan Spear and Associates to determine the cost of a new EMS facility. August 31, 2001 the Commissioners Court voted to call for a bond election November 6, 2001. History November 1, 1980 Calhoun County Emergency Medical Services went into service to the citizens of Calhoun County. Calhoun County EMS is funded by Calhoun County. Calhoun County EMS moved into its current location in the old fire station at 216 E. Mahan Street, Port Lavaca Texas in 1987. The existing facility was built in 1948. The existing facility consists of 7,000 square feet of usable space. Fifty percent of the EMS units are outside of the building. With the buildings age and antiquated wiring system, a fire safety issue exists. Coupled with only one way entry and exit and the sub floor of the sleeping quarters being above the truck bay, employee safety is an issue. The Bond Issue The bond issue is for a new 10,018 square foot EMS facility. The facility would house the EMS vehicles and provide adequate office, sleeping, storage and training space. The Cost It is estimated that furnish the EMS $1,320,000. the cost to construct, equip and facility will be approximately Impact on Taxpayer. It is estimated, based on current market interest rates, that $1,320,000 in bonds would require a tax rate increase of approximately _ (_--) of one penny or $ cents per $100 assessed valuation. The estimated increase to the taxpayers based on a home's appraised value before exemptions would be as follows: If your Home's Appraised Value is: $30,000 50,000 70,000 90,000 Annual Monthly Increase Increase Provided by the Calhoun County Judge and Commissioners Court THE FACTS ABOUT THE CALHOUN COUNTY $1,320,000 BOND ELECTION PLEASE VOTE! TUESDAY NOVEMBER 6, 2001 7:00 A.M. TO 7:00 P.M. DONATIONS ACCEPTED FOR ADOPT -A -BEACH PROJECT A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to accept the following donations to the Adopt -A -Beach Project: ALCOA World Alumina $50 Sonny's Portable Building $20 Mireles Insurance Agency $25 • Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GIFT OF A METAL BUILDING TO CALHOUN COUNTY ACCEPTED A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to accept the donation of a metal building Finish Peak, Serial No. B-18754, 10 X 16 feet, to Calhoun County from local industries. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. APPOINT COMMISSIONER OF LEASE — HAY BALING LEASE ON TRACT KNOWN AS THE LANGDON TRACT (LANDFILL/RECYCLE CENTER) This agenda item was passed to Friday. The title of the appointment was incorrect on the Posted Notice, COASTAL OAK ADDTITON — APPROVE PLAT This agenda item was passed to Friday. SEADRIFT AND CALHOUN COUNTY INDEPENDENT SCHOOL DISTRICT • A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to pave Austin Street from 9t° Street to the schoolhouse in Seadrift in accordance with the Interlocal Agreement between Calhoun County, the City of Seadrift and Calhoun County Independent School District. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Commissioner Finster discussed the traffic problem in the area of the public docks and parking area at the intersection of Byers and Maple Streets in Port O'Connor. He informed the Court that he will start the process to publish the notice to hold a public hearing on placing "No Parking" signs at the intersection of Byers and Maple Streets in Port O'Connor so there will be no parking within fifty feet of the intersection. No action was taken by the Court. Commissioner Finster stated the Golden Crescent Regional Planning Commission requested that the Regional Public Protection Committee members not be all in law enforcement. All the names submitted by the Court are in law enforcement as have the . names submitted by the City of Port Lavaca. Judge Marshall said we should send 4 names — two of which are in law enforcement. A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to appoint/reappoint B. B. Browning and Sam Hurta (law enforcement) and Cindy Rains and Tammy Hernandez to represent Calhoun County on the Golden Crescent Regional Planning Committee Public Protection Advisory Committee. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ;89 A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to nominate the following persons to serve on the Board of Directors of the Calhoun County • Appraisal District for the two year term ending December 31, 2003: Richard Barton, Jackson D. Cross, George W: Miller, Jr., Leonard Dreymala and Mary Reyes (Mary Reyes replaces Sylvia Dawes who moved). Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. NOMINATING RESOLUTION FOR ELECTION OF DIRECTORS CALHOUN COUNTY APPRAISAL DISTRICT WHEREAS, the Calhoun County Commissioners' Court is entitled to nominate candidates to fill positions of the Calhoun County Appraisal District Board of Directors, as authorized by Texas Property Tax Code §6.03(g); and WHEREAS, the Calhoun County Commissioners' Court desires to exercise its right to nominate candidates to fill those positions. THEREFORE, BE IT RESOLVED that the Calhoun County Commissioners' Court does hereby nominate the following persons to serve on the Calhoun County • Appraisal District Board of Directors for the two year term ending December 31, 2003: Nominees: Richard Barton Jackson D. Cross George W. Miller, Jr. Leonard Dreymala Mary Reyes PASSED AND APPROVED this 8a' day of October, 2001. Attest: Marlene Paul, Calhoun County Clerk Arlene N. arshall Calhoun County Judge LUO This agenda item was passed to Friday on request of Commissioner Galvan. INSURANCE SETTLEMENT ON DAMAGES TO FENCE AT CHOCOLATE BAYOU PARK • A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept the insurance settlement for damages to a fence at the Chocolate Bayou Park with occurred June 23, 2001 in the amount of $960. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. MOLD REMEDIATION IN COURTHOUSE The Court discussed the mold remediation in the courthouse. Commissioner Finster stressed the need to look at where and how the offices will be moved during remediation. Commissioner Balajka said the Court as a whole should say when and where to move the offices. We can take no action yet to move the Elections Administrator's office because it has to be at a permanent location 90 days prior to an election and must remain there until after the November election. Commissioner Floyd suggested having a Special Session on October I with the person doing the remediation to explain why we have to evacuate the courthouse during remediation since the relocation could be extremely expensive. This could be the beginning of a five-year plan. No action was taken by the Court. is JUSTICE OF THE PEACE PRECINCT #5 — MONTHLY REPORT JP Pet. #5 presented her monthly report for September, 2001 and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that said report be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. ACCOUNTS ALLOWED — COUNTY Claims totaling $331,307.56 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. PROJECT A Motion was made by Commissioner Finster and seconded by Commissioner Galvan • that the following budget Adjustments be approved. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 391 BUDGET AMENDMENT REQUEST SIGNATU OF ELECTED OFFICI TMENT HEAD APPROVED OCT 8 2001 0 • 092 BUDGET AMENDMENT REQUEST • APPROVED OCT 8 2001 • Ill 093 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 3 DATE: 1014101 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. ACCOUNT NAME MA OUNT ER ASON 100056D-66192 TELEPHONE SERVICES 1,000 LINE ITEM TRANSFER 100p56053510 ROAD & BRIDGE SUPPLIES (1,000) Total for GENERAL FUND Of NET CHANGE IN TOTAL BUDGET p APPROVED OCT 8 2001 • • • N ' all -02-01 03:57pm From- T-355 P.02/03 F-412 BIIDGET AHENDMSNT REQIIEBT q To: Calhoun County Commissioners' Court From: �+ q • (Department making this request) Date: I request an amendment to the qM I budget for the year following line items in my department: GL ACC*Ur't-#_ __ Account Name__ 5320,30 Zrarii6,6e5 M - � 59L- (PaWA moo- (e� 0o- t kal— t�la(ddWC1PJ- • Net change in total budget for this department is: Other remarks/justification: Amendment Amount Reason ts.., ARM Mims F}�. 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 accountft s): 1395 -02-01 03:5%m From- T-355 P.03/03 F-C Z BUDGET AMENDMENT REQUEST L To: Calhoun County Commissioners' Court From: PLi (Department making this request) Date: I request an amendment to the budget for the year following line items in my departments GL_ Aceounft_ I_ 5F70- 5�540 510 - Ltz 516 - a 50 Aaoonnt Name I EniP &ployaes �ac. 'Sec.' 1 Amendment Amount I Y�n0�. OD (13"71,c�o Net change in total budget for this department is: Other remarks/justification: I understand that -My budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): • M 0 • • To: Calhoun County/ Commissioners Court From: E--Me CaelI4 I/✓I,52n� inch (Department making this request) Dates I request an amendment to the of l budget for the (year) following line items in my department: GL Account f Account Name Ow of 60a 4,�, T_ (930-(9�33� l Kce list ahan90 in total budget for this departaint ist Other remarks/justification: Amendment -_ Amount ___--- Reason _ --- I understand that my budget cannot be amended as requested until Comnissionerso Court approval is obtained. signature of official/department head: Date of CommissicnersI Court approvals Date posted to General Ledger account (a): I 097 a TO: CALHOUN COUNTY COMMISSIONERS* COURT FROM: GEN. FUND TRANSFERS (800), INDIGENT HEALTHCARE (360) DATE: 10001 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNTNAME MA OUNT GLACCOUNTNO. REASON 1000-800-98580 1000-360.60640 MliTotallorFUND TRANS. TO CAP.PROJ.-FAIRGROUNDS STORM RECOVERY CARE OF INDIGENTS 13,430 (13,430) P0815512. GONZALES CONTRACTING 0 0 NET CHANGE IN TOTAL BUDGET Signature of Elected Ele� Official/Department Head APPROVED OCT 8 2001 • m C� • • I BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -MOLD REMEDIATION DATE: 10/04/01 BUDGET FOR THE YEAR: 2001 AMENDMENT ACCOUNT NAME MA OUNT GL ACCOUNT NO. REASON 521 UTILITIES 210 LINE ITEM TRANSFER 5210-999.63920 MISCELLANEOUS (210) imiTotal lbr FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED OCT 8 2001 399 I BUDGET AMENDMENT REQUEST 0 TO: GALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -FAIRGROUNDS STORM RECOVERY DATE: 10l2/01 BUDGET FOR THE YEAR: 2001 AMENDMENT GL AC COUNT NO. ACCOUNT NAME AMOU REASON 5220-999-70750 CAPITAL OUTLAY 13,430 5220.99"1010 TRANSFER FROM GENERAL FUND (13.4301,(REPAIR ROOF ON OLD LIVESTOCK BARN) NoToUlforFUND p NET CHANGE IN TOTAL BUDGET 0 SIgmum oL Elected O1fdaloDepertOeRt Head APPROVED OCT 8 n) . CALHOUN COUNTY, TEXAS 1 Unposted Budget Transactions - EXPEND.ADJUST.FOR 10/8/01 Q ` p �eJ J Fund Effective ^ Code Date Dte Fund Title TrmtsacUon Description Dept Title GL Title /`� �� 1000 1000 /2001 108/2001 GENERAL FUND GENERAL FUND LINE M4 TRANSFER COUNTY AUDITOR GENERALOFFIC SUP? P OCT ' LINE ITEM TRANSFER COUNTY AUDITOR PHOTO COPIES/ 81,000.00 1. .00 1000 10/8/2001 GENERAL FUND PO# 15512, GONZALES INDIGENT HEALTH CARE CARE OF INDIO 470% 13 430.00 CONTRACTING Iwo 10/812001 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF PEACE GENERAL OFFI 29.00 PRECINCT #2 1000 10/82001 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF PEACE POSTAGE PRECINCT #2 , 1000 10/8/2001 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF PEACE EQUIPMENT -COMPUTER 7.00 PRECINCT #2 UPDATE 1000 10/8/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 1,000.00 BRIDGE -PRECINCT #3 1000 10/82001 GENERAL FUND LINE HEM TRANSFER ROAD AND TELEPHONE SERVICES 1,000,00 BRIDGE -PRECINCT #3 1000 1018/200I GENERAL FUND LINE ITEM TRANSFER ROAD AND TEMPORARY 19,000.00 BRIDGE-PRECINCT#4 1000 10/8/2001 GENERAL FUND LANE ITEM TRANSFER ROAD AND SOCIAL SECURITY 1,377.00 BRIDGE-PRECINCT#4 1000 I OI 2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND WORKMENS 1,091.00 BRIDGE-PRECINCT#4 COMPENSATION 1000 10/8/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND FEDERAUSTATE 97.00 BRIDGE -PRECINCT #4 UNEMPLOYMENT 1000 10/8/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 20,565.00 BRIDGE -PRECINCT #4 1000 10/82001 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 15,655.00 BRIDGE-PRECINCT#4 1000 10/8/2001 GENERAL FUND LINE ITEM TRANSFER ROAD AND INSECTICIDES/PESTICIDES 11,500.00 BRIDGE -PRECINCT #4 1000 10/82001 GENERAL FUND LINE ITEM TRANSFER ROAD AND SUPPLIES -MISCELLANEOUS 1,000.00 BRIDGE -PRECINCT #4 1000 IO/8/200I GENERAL FUND LINE ITEM TRANSFER ROAD AND GARBAGE COU POC PARKS 485.00 BRIDGE -PRECINCT #4 low 10/82001 GENERAL FUND LINE HEM TRANSFER ROAD AND GARBAGE COLLSEADRET 170.00 BRIDGE -PRECINCT #4 1000 10/82001 GENERAL FUND LINE HEM TRANSFER ROAD AND TELEPHONE SERVICES 1,000.00 BRIDGE -PRECINCT #4 I000 10/8/2001 GENERAL FUND UNE ITEM TRANSFER ROAD AND UTILITIES 1,500.00 BRIDGE -PRECINCT #4 I000 10/8/2001 GENERALFUND PO#15216 EMERGENCY AUTO ALLOWANCES 127.00 MANAGEMENT 1000 10/82001 GENERALFUND PO#15216 EMERGENCY TRAINING REGISTRATION 251.00 MANAGEMENT FEESINRAVEL D, taaacot 9 0 Aae 1 • - - Fund Effective Code Date Fund Title 1000 10/8/2001 GENERALFUND 1000 10/8/2001 GENERALFUND 1000 10/82001 GENERALFUND, • CALHOUN COUNTY, TEXAS Unposted Budget Tr atsactions - EXPEND.ADJUST.FOR 10/8/01 Transaction Description Dept Title GL Title PO#15216 EMERGENCY MANAGEMENT PO#15216 EMERGENCY MANAGEMENT PO# 15512, GONZALES TRANSFERS CONTRACTING Total GENERAL FUND 1000 5210 10/82001 CAPITAL PROJECIMOLD LINE ITEM TRANSFER NO DEPARTMENT REMEDIA77ON 5210 10/&7001 CAPITAL PROJECTMOLD LINE ITEM TRANSFER NO DEPARTMENT REMEDIATION Total CAPITAL PROJECTMOLD 5210 REMEDIATION 5220 10/82001 CAP.PROJ. FAIRGROUNDS PO# 15512, GONZALES NO DEPARTMENT STORM RECOVERY CONTRACTING (ROOF REPAIR -LIVESTOCK BARN) 5220 10/82001 CAP.PROJ. FAIRGROUNDS PO# 15512, GONZALES NO DEPARTMENT STORM RECOVERY CONTRACTING (ROOF REPAIR -LIVESTOCK BARN) Total CAP.PROJ. FAIRGROUNDS 5220 STORM RECOVERY Report Total TRAINING TRAVEL OUT OF COUNTY TRAVEL OUT OF COUNTY TRANS.TO CAP.PROI.FAIRGND STORM RECOVERY MISCELLANEOUS UTU TLFS CAPITAL OUTLAY TRANSFERS FROM GENERALFUND APPR V OCT - 8 X01 • Increase Decrease 601.00 477.00 13,430.00 210.00 210.00 210.00 210.00 13,430.00 13,430.00 13,430.00 13,430.00 66,047.00 66,047.00 N Due rwo t Pagc:1 q� b J DONATION ACCEPTED FOR BOMB DOG A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to accept a donation of $2,000 from BP Chemicals for a bomb dog for the Sheriff's Department. Said donation to be placed in a separate fund. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. GENERAL DISCUSSION — ANIMAL CONTROL CONTRACT WTPH CITY OF PORT LAVACA Mark Daigle, Chief Deputy Sheriff, inquired about the Animal Control Contract with the City of Port Lavaca which expires in January. Commissioner Balajka stated that Seadrift and Point Comfort are not handled by this Animal Control contract. Judge Marshall named Commissioners Finster and Galvan to see about the contract renewal and a schedule of fines to be adopted and enforced by issuing citations. Officer Daigle offered to help. Mark Daigle, Chief Deputy Sheriff, stated that Airline Street by the fairgrounds should be designated as a one-way street during the fair, He was informed that Airline Street is in the city limits so he will need to go before the Port Lavaca City Council. GENERAL DISCUSSION — COUNTY FAIR — ADMISSION GATES Mark Daigle, Chief Deputy Sheriff, said the Fair Association is looking for private contractor to manage the gates for admission to the county fair. GENERAL DISCUSSION — PROHIBITION OF WILD ANIMALS Judge Marshall mentioned the need for prohibition of keeping wild animals or registering . them or both. Sheriff Browning said there are no wild animals now in Calhoun County but it is a good idea to make a ruling before there are. GENERAL DISCUSSION — VISITORS TO COURT Judge Marshall introduced her cousin, David Newman, and his wife and children to the Court. GENEREAL DISCUSSION — NUISANCE ORDINANCE Commissioner Balajka stated he is getting calls concerning the nuisance ordinance and there not being a lot of action taken. He said he spoke to Mr. Thigpen with the city who said the city has combined some departments and jobs and this is taking up a lot of his time. Commissioner Balajka said this situation needs to be looked into again. Commissioner Floyd said this should be addressed to Mr. Broz, the City Manager. GENERAL DISCUSSION Judge Marshall asked for daily prayers for our country and for our service men called into action. Sheriff Browning stated that the local plants in the area have stepped up security. There is also a patrol on our water supply. iTHE COURT RECESSED AT 12:00 P.M. UNTIL FRIDAY. 03 SPECIAL OCTOBER TERM HELD OCTOBER 11, 2001 THE STATE OF TEXAS § COUNTY OF CALHOUN § • BE IT REMEMBERED, that on this the 1 I th day of October, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 2:30 P.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall County Judge Roger C. Galvan Commissioner, Pet. 1 Michael J. Balajka Commissioner, Pet. 2 H. Floyd Commissioner, Pct. 3 Kenneth W. Finster Commissioner, Pet. 4 Shirley Foester Deputy County Clerk Thereupon the following proceedings were had: INSURANCE ADJUSTER David Rodriguez with American Insulation and Abatement stated that nothing has been worked up yet concerning funding of the remediation. Hal Arnold and the insurance • company have given some preliminary figures only. All involved will discuss this and take another tour of the courthouse. There are some concerns about doing the remediation in sections and trying to avoid removing people. Some areas will be difficult to create the negative pressure; there are a lot of openings and a lot of airflow needing to be covered. Anything in containment needs to stay there to clean out the air. The first step is to look at the building closer to see where to start and still keep the courthouse operating. It is possible to do it by section but is better to move out the people so there is no chance of contaminating anyone. Remediation by section should not affect the cost. The process will involve taking out some walls and ceilings and replacing them. Some woodwork and the doors in the courtrooms can be cleaned and replaced. The carpet should be replaced. We have not addressed the problem of dust leaving the areas in gaps, etc. and the cooling system duct work, but would probably dispose of it under negative pressure; there is at least one duct which will be difficult to remove and must be cleaned in place. It will cost as much to build containment as to replace. Cannot estimate costs at this time. Mr. Comiskey asked the amount they are asking from the insurance company. Hal Arnold replied the figure is just over a million dollars including taking out all the asbestos. The mold remediation aspect will be about a quarter of a million dollars. They • will be removing, cleaning, and replacing light fixtures; removing ceiling tiles and replacing those which won't match; partial ceiling replacement usually does not pass the clearance test. Ductwork on the A/C system may be cleaned and painted inside to seal but when the system is working, the sealant breaks down and it needs to be replaced. Mr. Arnold said his estimated cost is $1.1 million for the entire job Hal said the dead air space is contaminated. Fungus is filtering its way down. Spores get airborne during moving and break down and go into the cavity spaces between the walls. Stachybotrys was found in the following areas: 904 I Floor —County Clerk's Office, Tax Assessor's Office, District Attorney's Office, Sheriffs Office, Lobby and Concession Room 2°d Floor — Courtrooms, Lobby, Commissioner's Courtroom and Jury Room 3`d Floor — Judge Marshall's Office, Hall, Lobby and Jail This is a result of 1 to 3 plumbing leaks since last March. Hal suggested doing the County Clerk's and Tax Assessor's Offices last because of the • communications systems and computers. He said Myron Wazniack is ready to get started. He said if all goes according to plan, this will take about three months for each office. It is safer to do it all at one time if there are spaces available for all offices. David Rodriguez said he would feet better if no one was here during the work. Mr. Heard asked if the heating and air condition system had to be turned off during remediation. Hal said there are six units and all are contaminated. May be possible to use some during remediation. Ben Comiskey, County Auditor, asked if nothing is done to this, will the County get insurance recovery. You can take the money and run but cannot get the insurance company to tear the building down. The problem has to be repaired. The insurance adjuster, Mr. Wazniak, has my report. One issue is the ductwork which he says can be cleaned (I don't think it will pass the clearance test) and another is how many of the asbestos floor tiles can be replaced. Commissioner Floyd said that Mr. Arnold was hired by the County as an independent adjuster to negotiate with the insurance company for a settlement, but we still need to get a contractor to do the work. The insurance offer will be based on the scope of work for each room. An expert in remediation, outside the insurance company, is needed to assist us with the remediation as to the work to be done and the specifications for doing the work. This is not being done and we need to be moving with this — what is the scope of • work for safety of the employees, etc. Hal stated that this needs to be bid. Commissioner Floyd said the insurance company should pay for hiring an expert in this field if a claim were filed — someone to coordinate the county's interest, scope of work, etc. Mr. Arnold told us we might have to move from the courthouse for six months. Mr. Arnold stated the insurance company may pay more than $10,000 — attorneys have a way of getting things done. Judge Marshall said no one has yet looked at relocation costs or total cost. She said she sent the insurance policy to John Griffin, Wanda Roberts, and Todd Hunter, Attorneys. All offered to look at it for free. The Court discussed getting legal opinions. Commissioner Floyd said a professional service to coordinate the remediation process is needed. This fee is not included in the cost estimate. Ben Comiskey asked if the District Attorney would give a letter stating this does not have to go for bids for professional services. If bids are not necessary, it does not matter. There was discussion about hiring an architect or other qualified professional to handle this and whether the insurance company would pay for it. Commissioner Floyd stated he got some names to see if there are people who would provide this service but did not have a complete list and could not recommend anyone at this time. • A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to appoint Commissioner Floyd to bring recommendations to the Court for someone to provide technical expertise and to act as the county's representative in management of the mold remediation and relocation of offices. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. 005 Commissioner Galvan suggested Stephanie Smith, Elections Administrator, look for a place to move her office by November 30a to be in place for the March, 2002 election. Ms. Smith said the move would have to be approved by the Court and by the Justice Department and done within 60 days of an election. THE COURT ADJOURNED. SPECIAL OCTOBER TERM THE STATE OF TEXAS COUNTY OF CALHOUN § HELD OCTOBER 12, 2001 BE IT REMEMBERED, that on this the 12th day of October, A.D., 2001 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pet. I Commissioner, Pet. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. CALHOUN COUNTY EXTENSION AGENT FOR FAMILY AND CONSUMER SCIENCES Audrey Abel was introduced by Fela Leal, District Extension Director for Family and Consumer Sciences of the Extension Service, as the new Calhoun County Extension Agent for Family and Consumer Sciences. COASTAL OAKS SUBDIVISION IN PRECINCT #4 — APPROVE PLAT Commissioner Finster said the proposed drainage in the Coastal Oaks Subdivision is down Monroe Street toward the Intracoastal Canal and presents a little problem as do other drainage alternatives in the area. The Highway Department has been requested to place a pipe under Highway 185. The Port O'Connor Municipal Utility District, Calhoun County Appraisal District and the Flood Control district have all signed the plat. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the plat of Coastal Oaks Subdivision in Port O'Connor. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • • 906 Commissioner Balajka stated after considering the information received and action taken last Monday by the Court and also speaking to Ann Berger, financial advisor for Calhoun County, it is a disservice to the voters and taxpayers if the brochure is not sent to them to make them aware (of the situation). He believed that motion was not to do the "mail out" and he wished to rescind his `yes" vote and change it to a "nay". He said Ms. Berger informed him that nearly every county sends out brochures as information only to the • taxpayers and is not "for" or "against". This is one of the best services the Court can provide. By voting against, it shows dissention with the project. Commissioner Balajka stated that Ms. Berger would be available to take a conference call before 10:00 A.M. Judge Marshall advised that the Court voted to put it in the newspaper; nothing was said about not mailing it out. Commissioner Finster stated changing the vote does not show dissention of the Court. This information should be available to the public. Commissioner Balajka said according to our financial advisor and citizens who have seen the brochure, the only way to get the information to the public is to mail it out as all don't take the paper. The cost to run an ad will be $2,900. Judge Marshall recited the motion of the last meeting concerning the EMS brochure was to publish the information and print up to $500 worth of flyers. It did not say anything about a mail -out. Commissioner Balajka asked the Court's feeling about a mail -out. Commissioner Floyd said we owe it to the people to give them the information; he was not opposed. Commissioner Galvan asked the cost of a mail -out. Commissioner Balajka informed him he had checked with the voter registrar and the post office—14,000 voters at the bulk rate of 21 ¢ per copy is -almost $3,000. It can be printed in English and Spanish, if requested. Henry Barber said they will have English and Spanish brochures. • Commissioner Finster said the Court has supported EMS all the way and he resented the statement "Court shows dissention" and he would speak to anyone who makes this statement. Judge Marshall mentioned the cost of mailing and the low voter turn out and suggested putting the information out at the fair. Henry Barber said the EMS will provide an aid station at the fair. Personnel in uniform cannot say "for" or "against" nor solicit a vote. Commissioner Floyd added a person can be in uniform as long as it deals strictly with information. No action was taken by the Court. PUBLIC NUISANCE ORDINANCE — REPORT FROM PORT LAVACA CITY MANAGER Mr, Gary Broz, City Manager of the City of Port Lavaca stated that Rob Thigpen with the Port Lavaca Fire Department has been given additional duties and has little time to deal with the Public Nuisance Ordinance due to changes made by the City but they hope to get Rob back on this. Commissioner Balajka said he had several calls from citizens complaining that clean up has stopped and there is no follow up. Commissioner Floyd asked how to handle these calls. Mr. Broz replied that they can be referred to him. No problems were reported for Precincts #3 and #4. Commissioner Balajka said neighbors • do not want to report anybody and cause problems. Commissioner Floyd said this is not pro -active it is reactive. Commissioner Balajka said that this is not Rob Thigpen's fault; he is overwhelmed with other work and one man cannot do all that is required to handle this. He wanted to bring this to the attention of the Court. No action was taken by the Court. 507 Commissioner Finster stated the Port O'Connor Municipal Utility District will provide water and sewer to the County in Port O'Connor at the fire station and library, front beach bathrooms, water hydrants, Community Center, Pavilion, maintenance barn and cemetery (water service only). They will have to cross the roads and will bring that faulting back up to the limestone. They ask the County to do the cover-up work of the roads (asphalt) and repair roads into the MUD office and plant, if needed. A Motion was made by Commissioner Finster and seconded by Judge Marshall to enter into an Interlocal Agreement with the Municipal Utility District of Port O'Connor for mutual exchange of services with the anniversary date being annual and authorize the County Judge to sign. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. INTERLOCAL AGREEMENT THIS AGREEMENT is made on the 12`" day of October, 2001 by and between CALHOUN COUNTY, TEXAS, acting herein by and through the duly elected commissioners court of said county, (herein, the "County") and PORT O'CONNOR MUNICIPAL UTILITY DISTRICT, a special purpose district situated in Calhoun county, Texas (herein, the "District"). WHEREAS, the County is possessed of constitutional and statutory authority to act in the public interest with respect to matters involving public roads and other improvements, fire protection, health, • sanitation and recreation and to obtain and provide for suitable facilities in connection therewith; and WHEREAS, The District is authorized to provide water and wastewater services to applicants within the boundaries of the District; NOW THEREFORE, the District and the County, for the mutual consideration and benefits to accrue to each and pursuant to the Interlocal Cooperation Act, make the following Interlocal Agreement: 1. Definitions. As used in this Agreement, the following terms _ have the definitions given them in this Section 1: "Expiration Date" means the anniversary of the date of this Agreement. "Water Utility Services" means water and wastewater service, through meters of appropriate size and capacity, to the following locations within the District: (a) Fire station and Library (b) Front beach bathrooms and water hydrants (c) community Center (d) Pavilion (e) Maintenance barn (f) Cemetery (water service only) "Roadway Services" means (a) maintenance of Denman • Drive from Highway 185 to the District's wastewater treatment facility, including parking lots and drives at such facility, and (b) blacktopping ,of road cuts made by District in connection with installation, maintenance, repair, replacement or removal of its utility lines and facilities. "Road Materials" means sand, gravel, crushed limestone and roadbase. 2. Exchange of Services. For a term beginning on the date hereof, and running until the Expiration Date, the District will provide the Water Utility Services to .the County, and in consideration thereof, the County will provide the Roadway Services and supply the District with its requirements of Road Materials for use in connection with its installation, maintenance, repair, replacement or removal of its lines and/or facilities. For purposes of the approvals required by Section 791.014 of the Texas Government Code, the Roadway Services described herein are intended by the County to constitute a roadway maintenance and repair "project," the location of which shall be Port O'Connor, Calhoun County, Texas. 3. Facilities to Serve Specified Locations. The District will extend water and wastewater service to the County's maintenance barn and • will extend water service to the cemetery as soon as practicable, but in any event within one (1) year of the date hereof. 4. No Resale of Road Materials. The District's requirements of Road Materials are limited to those it requires for its own use and operation, and the District will not resell any Road Materials supplied by the County under this Agreement. 5. Automatic Renewal. Unless a party notifies the opposite party in writing to the contrary at least 30 days prior to the Expiration Date that it desires that this Agreement not automatically renew, this Agreement shall renew for an additional period of one year. 6. Early Termination. Notwithstanding any provision hereof to the contrary, either party may terminate this Agreement effective upon 60 days prior written notice to the opposite party. 7. Approval by Governing Bodies. This Agreement shall only be effective following its approval by the respective governing bodies of the parties hereto, and the required additional approval described below, in Section 8. • • 8. Required Separate Approval by County. The County shall, contemporaneously with its execution of this Agreement, provide the District with evidence of the separate approval of the performance of the Roadway Services contemplated by this Agreement by the Commissioner's Court Calhoun. County, Texas, such approval meeting the requirements of Section 791.014 of the Texas Government Code. 9. Fair Exchange. The respective governing bodies of the parties have each found that the exchange contemplated herein is fair compensation to each for the services and/or functions provided by it hereunder. EXECUTED as of the date first above stated. "County" CALHOUN COUNTY, TEXAS BY: cJC/ /fL County J dge "District" PORT O'CONNOR MUNICIPAL UTILITY DISTRICT �J BY:�Li� 'Preside 509 APPOINTMENT OF COMMISSIONER OF LEASE FOR HAY BALING ON 80 ACRE TRACT KNOWN AS THE LANGDON TRACT (LANDFH.L/RECYCLING CENTER A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to • appoint Commissioner Balajka of Precinct #2 as Commissioner of Lease for hay baling purposes on the 80 acre tract known as the Langdon Tract (Landfill/Recycling Center) to accept the high bid for the existing hay. In discussion Commissioner Balajka said he would like to run an ad for sale of the hay that is there now and auction it off. There is not enough time to lease and just get it cleared. A contract for lease can be brought to the Court in early December. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. RELEASE OF INDEMNITY AGREEMENT WITH DOW CHEMICAL — GIFT OF STAIRS FOR 4-H SKEET SHOOTING RANGE A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to authorize the County Judge to enter into a Release of Indemnity Agreement with Dow chemical Company for a gift of metal stairs for use in the Calhoun County 4-H skeet shooting range. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Community Assistance Release Waiver • Calhoun County Arlene N. Marshall for/ acting as the authorized representative (Print Name) of Calhoun County on behalf of 4-H do agree to hold The (Organization) Dow Chemical Company, Seadrift Operations, and its representatives harmless from the following charitable act, in -kind service, or material and/or equipment donation that is offered free to this organization in the spirit of good will as described below. We/I also attest that the materials will be/were used for the stated purpose and not for personal use. 2 - Metal Stairways (FMV = $300 each) • ( ignoture) County Judge (Title) V phi, /.Z, .zoo / (Date) 361/553/4600 (Phone) 910 BIDS AND PROPOSALS — TWO AMBULANCE CHASSISES FOR EMS Henry Barber with EMS asked that the previous bid specifications on two ambulance chassis for the EMS be disregarded. He has new specifications for two. The 1997 ambulance chassis is due to be remounted for the 20-year plan. Re -bid the chassis and the boxes to be opened next month for delivery after the first of the year. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to • authorize the County Auditor to advertise for bids to be opened on November 9, 2001 and awarded on November 16, 2001 for two chassis cabs for Emergency Medical Services to be purchased after the first of the year. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. REMOUNT OF TWO AMBULANCE BOXES ON TWO CHASSISES FOR EMS — SINGLE SOURCE A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to award as a single source the remount of two ambulance boxes on two chassis for Calhoun County Emergency Medical Services. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. RETAIN ONE 1997 AMBULANCE CHASSIS TO BE USED FOR PULLING DISASTER TRAILER BY EMERGENCY MEDICAL SERVICES Henry Barber said EMS has a 1992 truck, which they would like to surplus and would like to keep a 1997 ambulance chassis. Mr. Barber will approach the Court when it is time to surplus the equipment. No action was taken by the Court. PROHIBIT KEEPING OF WILD ANIMALS IN CALHOUN COUNTY • Sheriff Browning spoke on the prohibiting of wild animals in Calhoun County under Chapter 240, Local Government Code, stating he is responsible under the code and would like to see this registered in the county. Commissioner Finster would like to check on this matter as some people raise and sell animals and he doesn't want to cover something that may be listed there; he was not sure of the classifications. Commissioner Floyd said in his opinion there are two options to be adopted by the Court by December 1, 2001: (1) Adopt the Order Prohibiting the Keeping of Wild Animals under Chapter 240, Local Government Code or (2) Adopt an Order stating that the animals must be registered. A clarification of the Order as to the animals listed is needed. No action was taken by the Court. MEMORIAL MEDICAL PLAZA FACILITIES A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to designate Commissioners Roger Galvan and H. Floyd to represent Calhoun County Commissioners' Court in discussions with the designated members of the Memorial Medical Center Board of Trustees related to management of the Memorial Medical Plaza facilities. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. • NOMINATE MEMBER FOR DISTRICTWIDE EDUCATIONAL IMPROVEMENT ADVISORY COUNCIL This item was listed on the agenda in error. S11 COUNTY CLERK — JP #5 — EXTENSION SERVICE — MONTHLY REPORTS The County Clerk, JP #5 and Extension Service presented their monthly reports for • September, 2001 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET ADJUSTMENTS EXTENSION SERVICE — JAIL — COUNTY CLERK — COUNTY COURT AT LAW — )ISTRICT COURT—_ JUVENILE PROBATION — R&B PCT #1 COMNHSSIONER PCT #2 (2) —GENERAL FUND TRANSFERS/INDIGENT HEALTHCARE — PORT O'CONNOR COMMUNITY CENTER MOLD REMEDIATION CAPITAL PROJECT (2) —SHERIFF — VETERANSSERVICES A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: EXTENSION SERVICE DATE: 10/11/01 "'XuTo BUDGET FOR THE YEAR: 2001 PTRANSFER AMENDMENT 1000.110-60330 ACCOUNTNAME ALLOWANCE-COUNTY AGENT Allro ALLOWANCECEAFCS AGENT AMOU 33 (33) ILINE Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED OCT 12 2001 11 • 912 BUDGET AMENDMENT REQUEST • ;APPR EVp D OCT 12 2001 913 • BUDGET AMENDMENT REQUEST 3 • ROVED OCT 12 2001 • r 1 U • BUDGET AMENDMENT REQUEST APPROVED ED OC7 1 22001 315 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: DISTRICT COURT DATE: 10/11/01 BUDGET FOR THE YEAR: 2001 1100OP-430=80 AMENDMENT T NO. ACCOUNT NAM,€ MO NT REASON COURT REPORTERSPECIAL 75 LINE ITEM TRANSFER LEGAL SERVICES -COURT APPOINTED (751 TOM /Or GENERAL FUND 0 N ANG N TOTAL BUD T p APPROVED oCr � 2 200� 5 • 91f r� L.J BUDGET ANUMMENT RE(2UEST To: Calhoun County Commissioners' Court From: G�A Xis Q 16� (Department making this request) Date: 10 -1 -o( I request an amendment to the a001 budget for theyear following line items in my department: GL-Account^#- 51o_ (�3t(o 51�o-(s3�`d0 Account Name... -QP Net change in total budget for this department is: other remarks/justification: Amendment Amount _. .. $ of 5 00 o eeee�eeao��= Reason___�� 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): 917 BUDGET AMENDMENT REQUEST APPROVED D OCT 12 2001 • 49 am • • 11 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: N CD N"" )- (Department making this request) Date: tolb1a I request an amendment to the 201 budget for the year following line items in my department: GL_Accouuntt#- 5o —0�6w - -5 Q. - 4T,b -5-0d L-� -53 ao � -651dp0 -tffjo 4550-5Z616 Net change in total for this department Account Name Other remarks/justification: Amendment Amount Reason 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): 919 F BIID6ET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: �d C 910 � (Department making this request) Date: I request an amendment to the C(Nl budget for the year following line items in my department: OL_Account_,#_ -63530 *5So-b5►$0 4W-bg6lo 4-_ Wsl o ___Account Name Net change in total budget for this department is: Other remarks/justification: Amendment Amount 50.00 L15.0 0 45 00 0o M Reason 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): n LJ 920 • BUDGET AMENDMENT REQUEST ✓ 0 Signature of Elected OtndaVDepartment Head APPROVED EI 22 2001 S21 BUDGET AMENDMENT REQUEST APPROVED [fI22001 • CJ 222 E BUDGETAMENDMENTREQUEST Signature of Elected OffidaVDWrtment Head APPROVED L!T 12 2001 923 13 0 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -MOLD REMEDIATION DATE: 10/11/01 BUDGET FOR THE YEAR: 2001 AMENDMENT GL ACCOUNT NO. AMOUNT REASONSFER ACCOUNT NAME 6210-999-63990 MOLD REMEDIATION 351 LINE ITEM TRAN 5210-99953992 SUPPLIES -MISCELLANEOUS (240) 5210499.66192 TELEPHONE SERVICES (717) Total for FUND p NET CHANGE IN TOTAL BUDGET p APPROVED OCT 2 2001 • 924 BUDGET AMENDMENT REQUEST E E • Af i- RO V D OCT 12 2001 N 912 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: VETERANS SERVICES DATE: 10111l01 BUDGET FOR THE YEAR: 2001 R AMENDMENT ACCOUNTNAME AMOUNT REASON TRAININGTRAVEL OUT OF COUNTY (15) LINE REM TRANSFER GENERAL OFFICE SUPPLIES 15 Total for GENERAL FUND 0 NET CHANGE IN TOTAL BUDGET 0 APPROVED OCT 1 2 2001 �5• • • 926 Fund Effective Code Date Fund Tide 1000 1011212001 GENERAL FUND I000 1000 1000 lWO 1000 1000 IOW 1000 1000 1000 1000 1000 1000 IOW 1000 1000 IOW I000 1000 IOW 1000 1000 I000 10/122001 GENERAL FUND 10112J1001 GENERALFUND 10/12=01 GENERAL FUND 10/122001 GENERAL FUND 10/122001 GENERAL FUND 10/122001 GENERALFUND 10/122001 GENERAL FUND 10/122001 GENEItAL FUND 10/122001 GENERAL FUND 10/122001 GENERALFUND ' 10/12J2001 GENERAL FUND 10/122001 GENERALFUND 10/122001 GENERALFUND 10/IL2001 GENERALFUND 10/122001 GENERAL FUND 10/122001 GENERALFUND 10/122001 GENERAL FUND 10/122001 GENERAL FUND 10/122001 GENERAL FUND 10/12/2001 GENERALFUND 10/122001 GENERAL FUND 10/122001 GENERAL FUND 10/12/2001 GENERAL FUND CALHOUN COUNTY;TF.XAS Unposted Budget Transactions -. EXPEtJDADJUST.FOR 10/12/01 Transaction Description LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER TO PAY BILLS APPROVED 10/12/01 LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER LINE ITEM TRANSFER Dept Title EXTENSION SERVICE EXTENSION SERVICE JAIL OPERATIONS JAIL OPERATIONS JAIL OPERATIONS COUNTYCLERK _ COUNTY CLERK INDIGENT HEALTH CARE COUNTY COURT -AT -LAW COUNTY COURT -AT -LAW DISTRICT COURT DISTRICT COURT JUVENILE COURT JUVENE,ECOURT ROAD AND BRIDGE-PRECINC7#1 ROAD AND BRIDGE -PRECINCT # I ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE -PRECINCT #1 ROAD AND BRIDGE-PRECINCTNI ROAD AND BRIDGE-PRECINCT#1 ROAD AND BRIDGE -PRECINCT #I ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT 02 ROAD AND BRIDGE -PRECINCT #2 wa: iaurzaol • .... • GL Title %2 '?, AUTO ALLOWANCES-COAG UNIFORMS PRISONER LODGING -OUT OFCOUNTY PRISONER MEDICAL SERVICES GENERAL OFFICE SUPPLIES COMPUTERRENTALS CARE OF INDIGENTS GENERAL OFFICE SUPPLIES BOOKS -LAW COURT REPORTER -SPECIAL LEGAL SERVICES -COURT APPOINTED JUVENILE DETENTION SERV-JP JUVENILE DETENTION SERVICES MACHINERY PARTS/SUPPLIES ROAD & BRIDGE SUPPLIES TIRES AND TUBES INSECTICIDES/PESTICIDES SUPPLIES MISCELLANEOUS LEGAL SERVICES TELEPHONE SERVICES ROAD & BRIDGE SUPPLIES TIRES AND TUBES GASOLWE/O=IESELGR., 33.00 33.00 47 7,412.00 7,365.00 3,611.00 3,611.00 1,200.00 47.00 47.00 75.00 75.00 5,SW.00 5,800.00 530.00 562.00 56.00 1,952.00 444.00 3,764.00 220.00 3,055.00 300.00 950.00 • • CALHOUN COUNTY;TEXAS Unposted Budget Transactions - EXPEND.ADJUST.FOR 10/12/01 Fond Effective Code Date Fond Title Transaction Deescripcion 1000 101I2200I GENERAL FUND LINE ITEM TRANSFER I000 10/12/2001 GENERALFUND LINE ITEM TRANSFER 1000 10/122001 GENERALFUND LINE ITEM TRANSFER 1000 10/122001 GENERAL FUND LINE ITEM TRANSFER 1000 I0/122001 GENERALFUND LINE ITEM TRANSFER 1000 10/12/2001 GENERALFUND, LINE ITEM TRANSFER 1000 10/122001 GENERALFUND LINE ITEM TRANSFER 1000 10/1=001 GENERALFUND LINE ITEM TRANSFER 1000 10/122001 GENERAL FUND LINE ITEM TRANSFER 1000 10/122001 GENERALFUND, LINE ITEM TRANSFER 1000 10/122001 GENERAL FUND LINE ITEM TRANSFER 1000 10/122001 GENERALFUND, LINE ITEM TRANSFER 1000 10/12/2001 GENERALFUND, LINE ITEM TRANSFER 1000 10/122001 GENERALFUND LINE ITEM TRANSFER 1000 10/122001 GENERALFUND LINE ITEM TRANSFER 1000 10/122001 GENERALFUND LINE ITEM TRANSFER 1000 10/122001 GENERALFUND TO PAY BILLS APPROVED 10/12101 Total GENERALFUND 1000 2736 10/122001 POC COMMUNITY CENTER LINE ITEM TRANSFER 2736 10/122001 POC COMMUNITY CENTER LINE ITEM TRANSFER Total POC COMMUNITY CENTER 2736 5210 10/122001 CAPITAL PROJECTMOLD LINE ITEM TRANSFER REMEDIATION DwAW11"I Dept Title ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE-PRECINCT#2 ROAD AND BRBXi&PRECINCT#2 ROAD AND BRIDGE -PRECINCT #2 ROAD AND BRIDGE -PRECINCT 42 ROAD AND BRIDGE -PRECINCT #2 SHERIFF SHERIFF SHERIFF SHERIFF SHERIFF VETERANS SERVICES VETERANS SERVICES ,Et0 NO DEPARTMENT NO DEPARTMENT NO DEPARTMENT GLTWe • APPR®VI D j7]j 2,600. 0 MN5011$_ 750.00 EQUIPMENT RENTAL MACHINERY/EQUIFMENT REPAIRS MACH D,MRY/EQUIPMENT. REPAIRS PHYSICALS RADIO MAINTENANCE RADIO MAINIENANCE TELEPHONE SERVICES LAW ENFORCEMENT SUPPLIES SUPPLIES, -MISCELLANEOUS AUTOMOTIVE REPAIRS MISCELLANEOUS RENOVATION-C.I.D. OFFICE AT M.M.PLAZA GENERAL OFFICE SUPPLIES TRA24ING TRAVEL OUT OF. COUNTY TRANS.TO CAP.PRO3. MOLD REMEDIATION MISCELLANEOUS UTILITIES-POC COMMUNITY CENTER SUPPLIES -MISCELLANEOUS 50.00 95.00 55.00 1W.00 943.00 339.00 427.00 960.00 15.00 50.00 1,700.00 95.00 2,669.00 15.00 1,200.00 29,526.00 29,526.00 2800 28.00 28.00 28.00 240.00 PW: 2 Fund Effective Code Date Fmd Tide 5210 10/122001 CAPITAL PROJECTMOLD REMEDIATION $210 10/122001 CAPITAL PROJECTMOLD REMEDIATION 5210 10/122001 CAPITAL PROJECTMOLD REMEDIATION 5210 10/122001 CAPITAL PROJECTMOLD REMEDIATION Total CAPITAL PROJECTMOLD 5210 RENIEDIATION Report Total o.�; tdursaot CALHOUN COUNTY;TEXAS Unposted Budget Transactions EXPENDADJUST.FOR 10/12/0, Transaction Description Dept Tide LINE ITEM TRANSFER NO DEPARTMENT TO PAY BILLS APPROVED NO DEPARTMENT 10/12/01 LINE ITEM TRANSFER NO DEPARTMENT TO PAY BILLS APPROVED NO DEPARTMENT 10/12/01 APPROVED OCT 12 2001 GL Tide MOLD REMEDIATION MOLD REMEDtATION TELEPHONE SERVICES TRANSFERS FROM GENERALFUND Increase 357.00 000.00 1,557.00 Decrease 117.00 1,200.00 1,557.00 31,111.00 31.111.00 Commissioner Balajka requested the Court's opinion of having a general mechanic on duty for all county equipment and any motorized equipment. Commissioner Finster said in the past whoever needed a mechanic paid them. Commissioner Floyd said he could not support such a person (position) as they are used infrequently. DONATION TO SHERIFF'S DEPARTMENT FOR BOMB DOG A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to accept a donation of $500 from Mrs. Myrtle Hawes of Seadrift toward the purchase of a bomb dog for the Sheriff's Department. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. THE COURT ADJOURNED AT 11:15 A.M. ON