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2002-01-10 REGULAR JANUARY TERM HELD JANUARY 10,2002 tit THE STATE OF TEXAS ~ COUNTY OF CALHOUN ~ BE IT REMEMBERED, that on this the 10th day ofJanuary, AD., 2002 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at lQ:OO 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 (Arrived Late) Michael 1. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. I 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. Commissioner Balajka was not present at 10:00 AM. e APPROVAL OF MINUTES A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that the minutes of September 28 and October 4, 2001 be approved as presented. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. Arlene N. Marshall County Judge H. Floyd Commissioner, Pct. 3 Roger C. Galvan Commissioner, Pet. 1 Kenneth W. Finster Commissioner, Pet. 4 Michael J. Balajka Commissioner, Pet. 2 Shirley F oester Deputy County Clerk TAX RE-SALE DEED - RESOLUTION FOR SALE OF LOT 4. BLOCK E EZZELL REVISED e A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to accept the offer of $4,000 and adopt the Resolution for Sale of Lot 4, Block E, Ezzell revised Addition to Port Lavaca and authorize the County Judge to sign the Tax Re-Sale Deed. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. 421 e RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED.BY THE COUNTY OF CALHOUN AT DEUNQUENT TAX SALE WHEREAS. Lot 4, Block E, Ezzell Revised, Port 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, pursuanl to TEX. PROP. TAX CODE ~34,01(c); and WHEREAS, TEX.PROP.TAX CODE g34.05(a) provides that we may accept a sufficient bid. A bid of FOUR THOUSAND AND NO HUNDREDTHS DOLLARS ($4,000.00) has been made by Paul Guerra and THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners Court that the County Judge is hereby authorized to convey Lot 4, Block E, Ezzell Revised, Port Lavaca, Calhoun County. Texas to Paul Guerra for the sum of FOUR THOUSAND AND NO HUNDREDTHS DOLLARS ($4,000.00) payable to the Calhoun County Appraisal District for distribution as provided by law. PASSED, APPROVED AND ADOPTED TIllS /OM day of ~.d~ 2002. Y e County ommissioner, recmct 3 jj~ W ~A~ Ci5unty ComnllSS10ner, recltlct e 422 tit e tit TAX RESALE DEED DATE: December 4,2001 GRANTOR: Calhoun County, Calhoun County Independent School District and City of Port Lavaca GRANTEE: Paul Guerra GRANTEE'S MAILING ADDRESS: 1107 McClane, Victoria, Texas 77904 CONSIDERATION: FOUR THOUSAND AND NO HUNDREDTHS DOLLARS ($4,000.00) PROPERTY: Lot 4, Block E, Ezzell Revised, Port Lavaca, Calhoun County, Texas being that property more particularly described in Volume 279, Page 765 of the Deed Records, Calhoun County, Texas TAX FORECLOSURE LAWSUIT: Cause No. 92-10-4796 Calhoun County Appraisal District v. Eugene Williams et al GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from and exceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the receipt and sufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY to the GRANTEE all of the right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure sale held under the TAX FORECLOSURE LAWSUIT referenced above. TO HAVE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the said GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that neither the GRANTOR, nor any person claiming under it and them, shall at any time, hereafter have, claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof. GRANTOR excludes and excepts 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 Tax Code or its successor. GRANTOR has not made, and does 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 governntental authority or habitability, merchantability or fitness for a particular purpose, and specifically, GRANTOR does not 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". This conveyance is expressly made subject to property taxes for the tax year 2001 and subsequent years. This conveyance is expressly subject to any existing right or redemption remaining to the former owner of the PROPERTY under the provisions of law. This conveyance is expressly subject to all easements and restrictions of record. When the context requires, singular nouns and pronouns include the plural. 423 tit IN TESTIMONY WHEREOF the GRANTOR, pursuant to Section 34.05 of the Texas Property Tax Code, has caused these presents to' be executed on the date set forth in the acknowledgement attached hereto, to be effective as of DATE. County of Calhoun BY~? 1ttl-tA-LtJ'/ ~ Arlene N. Marshall THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ Before me, the undersigned authority on this day personally appeared Arlene N. Marshall, County Judge of Call10un County, known to me to be the person whose name is subscribed to the foregoing document 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 the ~day of f}1./'1/JC<'). ,A.D.~oo :>... e' " RITA MILLER C> NOTARY PUBUC ~ STATE OF TEXAS _ My CO"::t:I~Sic:n ExpIres 01-26.2003 .~ L$^- IY(vt'~ e Notary Public, State of Texas My commission expires / - d {,- ,t!,J Call10un County Independent School District By Larry Nichols, Superintendent THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ Before me, the undersigned authority on this day personally appeared Larry Nichols, Superintendent of Calhoun County Independent School District, known to me to be the person whose name is subscribed to the foregoing document 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 the _ day of ,A.D., e Notary Public, State of Texas My commission expires 4:24 tit e tit - '. By City of Port Lavaca Alex Davila, Mayor THE STATE OF TEXAS COUNTY OF CALHOUN ~ g ~ Before me, the undersigned authority on this day personally appeared Alex Davila, Mayor of City of Port Lavaca, known to me to be the person whose nante is subscribed to the foregoing document 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 the _ day of ,A.D., . Notary Public, State of Texas My commission expires ORDER SETI1NG MAXIMUM SALARIES. MAKING APPROPRIA nONS. SETIING v ACA nON POLICY AND SICK LEAVE POLICY. HOSPITALIZA nON INSURANCE PREMIUM PAYMENT POLICY AND SETIING HOLIDAY SCHEDULE FOR 2002 A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to Adopt the Order Passing Maximum Salaries, Making Monthly Appropriations, Setting Vacation, Sick Leave and Hospital Insurance Premi\lm Payment Policies and setting the Holiday Schedule for Year 2002. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. 2002 ORDER PASSXN'G MAXnmH SALARI:BS. 1nW'nm MONTJILY APPROPRXAT:IOJrS'. .AND PASSINO HOLIDAY SCHBDULB 1IBBRBUPOH, on motion by Commissioner Finster , seconded by Commissioner Galvan , and unanimously carried, the COurt ordered the following Order be adopted and entered: The various officials, supervisors, and permanent employees will be compensated for the Calendar Year 2002 not to exceed the following amounts: Gl!NI!1lAI. FIlNll County Commissioners of Precincts 1, 2, 3, and 4, each county Judge County Clerk COlplty Court-at.-Law Judge (State supplement $833.33 semi-monthly) Court Reporter/Secretary, Oourt.at~Law Juvenile Court Judge, County Judge JUvenile Court Judge. County Court...at-Law Judge Juvenile Court Clerk District Clerk Justices of Peace, Precincts 1, 2, 3, 4, and 5, each Crime Victims Assistant Elections Administrator County Auditor County Treasurer County Tax Assessor-Collector Constables, Precincts 1, 2, 3, 4, and S, each Sheriff Flood Plain Administrator County Librarian Museum Curator Veterans' Service Officer County Agent CIlAFCS Agent Marine Agent Page 1 of 6 j Sma-MON'rBLY ICAXDIllH ANNUAL SALARY $1,786.16 2,1.22.20 1,839.75 4,023.79 $42,868.00 50,933.00 44,154.00 96,571. 00 1,572.41 147.95 37,738.00 3,551.00 147.95 6S.33 1,839.75 3,551.00 1,568.00 44,154.00 l,OSl.83 866.66 1,234.12 "1,866.83 1,839.75 1,866.83 25,244.00 20,800.00 29,619.00 44,804.-00 44,154.00 44,804.00 307.20 1,839.75 86.66 1,265.25 624.87 358.70 357.08 357.08 214.00 7,373.00 44,154.00 2,080.00 30,366.00 14,997.00 8,609.00 8.570.00 8,570.00 5,136.00 425 e 2002 ORDER PASSING MAXJ:MtlM SALARIES. MAKING MONTHLY APPROPRJ:A'1'ION. AND PASSING HOLIDAY SCHEDULE - Continued MAXJ:MtlM SIlMJ:-MONTHLY ANNtJAL SALARY County Judae 1 Administrative Assistant $1,102.70 $26.465.00 County Clerk 1 Deputy 1,102.70 26.465.00 3 Deputies, each 1,017.50 24.420.00 1 Deputy 906.41 23,194.00 1 Deputy 843.58 20,246.00 District Clerk 1 Deputy 1,102.70 26.465.00 1 Deputy 1.017.50 24,420.00 2 Clerks. each 791.58 18,998.00 District Attornev 1 Assistant 2.413.62 57.927.00 1 Assistant 1.897.29 45,535.00 1 Investigator 1.509.41 37,066.00 1 Secretary 1.102.70 26.465.00 1 Secretary - Legal 1.066.50 25.596.00 1 Secretary 1.017.50 24,420.00 e 1 Clerk 791. 58 18.998.00 County Auditor 1 Chief Auditor 1,358.29 32,599.00 2 Assistants, each 1,102.70 26,465.00 County Treasurer 1 Deputy 1,102.70 26,465.00 1 Deputy 1.017.50 24.420.00 County Tax Assessor-Collector 1 Deputy 1,102.70 20,465,00 2 Deputies, each 1,017.50 24,420,00 Buildinas 1 Superintendent 1,317.95 31,631 00 2 Assistant Superintendents, each 1,103.29 26.479.00 4 Janitors, each 996.33 23.912.00 1 Painter/Maintenance 996.33 23.912.00 Emeraencv Manaaement 1 Secretary 1,025.04 24.601. 00 Jail 1 Administrator 1.364.50 32.748.00 1 Sergeant 1.268.70 30.449.00 7 Jailers, each 1.180.58 28.334.00 1 Cook 792 .95 19.031.00 e Page 2 of 6 426 e 2002 ORDER PASSING MAXIMtlK SALARIBS. MAKING MONTHLY APPROPRIATION. AND PASSING HOLIDAY SCRBDOLB - Continued MAXIMtlK SBKI-MONTHLY ANNUAL SALARY Road and Bridqe Precinct Three 1 Employee $1,338.00 $32,112.00 1 Employee 1,213.08 29,114.00 1 Employee 1,161. 91 27,886.00 1 Secretary 1,025.04 24,601.00 Road and Bridqe Precinct Four 1 Employee 1,338.00 32,112.00 1 Employee 1,246.08 29,906.00 1 Employee 1,213.08 29,114.00 3 Employees, each 1,161.91 27,886.00 5 Employees, each 1,127.66 27,064.00 1 Secretary 1,025.04 24,601.00 Each . of the officials named herein shall fix the compensation of the emPloyee (s) authorized for his department within the maximum amounts authorized by this Order. Each of said officials will complete and deliver the payroll forms to the County Treasurer to indicate the pertinent information for all employees covered by the Fair Labor Standards Act who were employed during the pay period; he will also see that the necessary exemption certificates and other information are furnished to the County'--' Treasurer so that proper deductions may be made and records compiled for Federal_ Withholding Tax, Social Security Tax, Group Insurance, and Retirement Plan. ~ BXTRA RIlLP The various officials/supervisors will be allowed to employ extra help at the following maximum hourly rates: $5.15 for clerical help in county Offices, $5.65 .for labor in the Road and Bridge Precincts, the Building Department and the Waste Hanagement Department, $7.00 for librarians, $7.50 for branch librarians, $8.00 for skilled help, $9.00 for heavy equipment operators, $9.00 for mechanics, $11.40 for bailiffs, $15.52 for Emergency Hanagement Coordinator. Payments may be made up to the amount authorized in each department budget, approved by the Commissioners Court in the 2002 Budget. The officials/supervisors affected by this Order will not Obligate the County for the payment of any compensation in excess of the extra help allowance without prior authorization of the Commissioners Court. These employees will be considered part-time employees of the County and will be subject to Federal Withholding Tax and Social Security Tax deductions. APPROPRIATION FOR JUSTICE OF THE PEACE OFFICE. PRECINCT 5 An annual allowance of $2,400 will be paid from the General Fund to Justice of the Peace of Precinct 5 for expenses..of office, at the semi-monthly rate of $100.00. APPROPRIATION FOR LONGEVITY PAY FOR ASSISTl\NT. DISTRICT ATTORNEYS 1 Assistant 1 Assistant ANNUAL AMOUNT $1,940.00 1,180.00 e Page 4 of 6 <128 e Ie I tit 2002 ORDIlR PASSING MAXIMUM SALARIIlS. MAKING MONTHLY APPROPRIATION. AND PASSING HOLIDAY ScmrnULIl - continued APPROPRIATIONS FOR TRAWL ALLOWANCB Officers, agents or employees of the County will be reimbursed for actual traveling expenses while out of the County on official County business if in attendance at conferences relating to County government up to the amount authorized in the 2002 budget for this. purpose. Reimbursement will be requested on the travel form available in the office of the County Treasurer and will be filedl with supporting documents, in the County Treasurer's office within one month after the trip has been made. Certain personnel will be reimbursed for actual traveling expenses in the County in amounts not to exceed the appropriations authorized in the 2002 budget. Mileage reimbursement for the use of personal automobiles which have been authorized will be computed at the current X'ate set by the Internal Revenue Service for tax purposes. APPROPRIATIONS FOR CALHOllN COllNTY APPRAISAL DISTRICT Payable in quarterly installments to the Calhoun County Tax Appraisal District: GENERAL FUND QlJARTllRLY $30.332.75 10.434.50 Appraisal Services Collection Services HOLIDAY scmrnULIl The Court set the following holiday schedule for the calendar year 2002: Good Friday -. 1/2 day Memorial Day Independence Day Labor Day Veterans 1 Day Thanksgiving Day Christmas Day New Year's Eve - 1/2 day New Year I s Day March 29, p.m. May 27, Monday July 4, Thursday September 2, Monday November 11. Monday November 28 & 29, Thursday & Friday December 24 & 25, Tuesday & Wednesday December 31, Tuesday, p.m. January 1. 2003. Wednesday However, it was agreed that if any of the above holidays should fall on a non-working day, the employees should be allowed to observe the nearest working day preceding or following the holiday. POLICIBS PBRTAINrNG TO SICK LBAVll. JOB RBLATBD ACCIDBlITS, AND VACATION WILL BIl POLLOWllD AS PIlR BMPLOYEIl POLICY AND PROCBDtlRIlS KANlJ"AL. Page 5 of 6 429 . ' 2002 OlUlER PASllXNG to.XI:KtlM Sl\LARXBS. MAKXNG MONTIlLY APPROPRXATXON. AND PASSDlG HOLIDAY SCHEDULB - Continued MEMO ONLY JUVENILE PROBATION 1 Chief Probation Officer 1 Probation Officer 1 Probation Officer 1 Administrative Assistant BOOT CAMP 1 Chief Drill Instructor 1 Assistant Drill Instructor D.A.R.E. 1 D.A.R.E. Officer SBMJ:-MONTIlLY $1,574.55 1.352.26 1.100.76 1.102.70 1,347.76 1,100.76 1.330.41 PASSED AND APPROVED, this the 10th day of January, 2002. ~.~ ARLENE MARSHALL, COUNTY JUDGE CALHOUN COUNTY, TEXAS ATTEST: ~"" 'A.~_J. ~ ,~~ ."~ ~/ .'':'7 ' ~l. cqUNTY CLERK 'J7 ~()iJN':~~"':'TEXAS :':"'~"""";'1.",.,111. : iY~ .~".......' . :'". c.l' '/.. -;';7'l~:/'.v",//., "')......c. ~t ~i,~~J.~~~~g~ '(' ," .. ! L" 'J \\'. Page 6 of 6 4,30 HAXnroM ANNUAL SALARY $37,789.33 32,454.33 26,418.33 26,465.00 32.346.33 26,418.33 31,930.00 e tit e --"""'" e e ORDER PLACING OFFICIALS ON SALARY BASIS FOR 2002 A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to adopt the Order Placing Officials on Salary Basis for Year 2002. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. CALHOUN COUNTY ORDER PLACING OFFICIALS ON SALARY BASIS On Motion by Commissioner Kenneth Finster, seconded by Commissioner H. Floyd, and carried, that the following order be entered: At a regular term of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting of said Court in the County Courthouse in Port Lavaca, Texas, on the loth day of January 2002, with County Judge Arlene N. Marshall presiding and Commissioners Roger Galvan, Michael Balajka, H. Floyd and Kenneth Finster present and with Shirley Foester, Deputy County Clerk, in attendance, there having come on for hearing the matter of determining whether county and precinct officers shall be compensated on a salary basis for the calendar (fiscal) year 2002, it was ordered that all county and precinct officers and their deputies, clerk and assistants be compensated on a salary basis for the calendar (fiscal) year 2002, and the County Clerk is hereby ordered and directed to file a certified copy of this order with the State Comptroller of Public Accounts in Austin, Texas, on or before January 3 I, 2002. IT IS SO ORDERED this 10th day of January 2002. COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS By: ~:A~~~T: , .iC :\Il~~~PAUL, County Clerk . ,~;,)......... :g.1/) ,I, e.: -:'" ..~,A,"'''",''~~/>' '1'" '~ ..... ,. '- ,~!...:a., .v: :,.. -"",' . . fA .,",?'"....;::; I~,- . ,/c.,'; .:tl\;.."""'~1,'" ~ ')~f ~-E=;:?"~ ; 1*. ! By' t .... '_ ... I - -- _ .. '\<!'::.~j,; j - --';,\,' ~._ 'tyClerk I ,"'/., ',' ....... 'h '. .. .._ "'....t. ...;;... '\ '.M_ ',"II CGU~' .:. ' -'-. .-" 431 SALARY GlUEV ANCE COMMITfEE PUBLIC MEMBERS - SELECTION FOR YEAR 2002 The following names were drawn from the Grand Jury List to serve as Public Members of the Salary Grievance Committee for the Year 2002: Randle Clay, Shelton Albrecht and Bob Bonar. Ron Sells was drawn as alternate. e A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to ask the above named persons to serve as Public Members of the Calhoun County Salary Grievance Committee for Year 2002 with Ron Sells designated as the alternate. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. ESTABLISH PAY FOR GRAND JURORS AND PETIT JURORS FOR YEAR 2002 - (COUNTY. DISTRICT AND JUSTICE OF THE PEACE COURTS) A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to accept the current jury pay of$6.00 when called for jury duty and not accepted and $10.00 a day if selected to serve on the jury in County, Distriet and Justice of the Peace Courts for the Year 2002. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. ACCEPT REPORT FROM FIRST SOUTHWEST ASSET MANAGEMENT. INC. ON TANS. SERIES 1996 REGARDING YIELD REDUCTION PAYMENT: AUTHORIZE PAYMENT TO IRS AND AUTHORIZE COUNTY AUDITOR TO Blt;N-: AUTHORIZE PAYMENT TO FIRST SOUTHWEST ASSET MANAGEMENT FOR ARBITRAGE COSTS A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to: (a) Accept report from First Southwest Asset Management, Inc. concerning the yield reduction payment computation for Tax Anticipation Notes, Series 1996; (b) Authorize payment of$10,377.52 to the Internal Revenue Service; (e) Authorize the County Auditor to sign necessary forms; and (d) Authorize payment to First Southwest Asset Management, Inc. for arbitrage costs. Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. e $3,353,319.75 Calhoun County, Texas Tax Anticipation Notes, Series 1996 Yield Reduction Payment Computation For the Period of November 20,1999 to November 20, 2001 e JjFIRST SOUTHWEST ASSET MANAGEMENT, INC 432 '. 'IIIRS! SOUTllWFSf AffiEI MANAGEMENT, lNe a'i1son, CPA WPmw7If January 2, 2002 Mr. Ben Comiskey, Jr. County Auditor Calhoun County, Texas 201 West Austin Port Lavaca, TX 77979 $ 3,353,667 Calhoun County, Texas Tax Anticipation Notes, Series 1996 In accordance with the terms of our Agreement, we have completed the determination of the yield reduction payment pursuant to Section 1.148-5(c) of the 1993 Treasury Regulations. a 'he computation of the yield reduction amount, included in this report, covers the period from (the "End "fthe Temporary Period") through November 20, 2001 (the "Final Computation Date''). The period from the End of the Temporary Period to the Final Computation Date is hereinafter referred to as the "Final Yield Reduction Payment Period." In order to determine the yield reduction amount for the Final Yield Reduction Paymenl Period, we were provided with all the information regarding the issuance of the Obligations and the investment of the gross proceeds, as well as other information as deemed necessary under the cin:umstances. We did not perfOIm , any procedures to test the accuracy of the information provided to us. Certain information and definitions used in preparing the attached schedules are described in the Summary of Computational Information. Based upon the computations included in this report, the yield reduction amount for the above-defined Final Yield Reduction Payment Period is summarized as follows: e /100 Pacific Avmu,' Suitt 1300' Da/Ia;, T""" 1520/ . 2/4.953-406/ . 1-800-618-3192' Fax 214-953-41 I I 433 ummary of Final Yield Reduction Amount: $ $ Actua11nterest Earnings Allowable Interest Earnings at Bond Yield 83,922.44 73,544.91 Cumulative Yield Reduction Payment $ 10,377.53 Payment Due Date: Monday, January 21, 2002 The yield reduction amount was determined using the provisions of the 1993 Treasury Regulations Section \.148 [T.D. 8476]. These regulations may be revised or replaced and, accordingly, the computations contained in this report may be subject to modification in order to comply with the revised regulations, if any, when issued. The terms of our engagement are such that we have.no obligation to update the results of this report for events occurring or information coming to our attention subsequent to the date of this report. We appreciate this opportunity to serve you. If you have any questions regarding the computations contained in this report, please do not hesitate to contact us. Sincerely, FIRST SOUTHWEST ASSET MANAGEMENT, INC. by GffLt1cLU IvJYru Randee Wilson pinion_14-S-0346004 434 , e e e :f e e 1 l e Section I II III IV V Table of Contents Description Summary of Computational Information Computation of Debt Service Requirements on the Obligations Initial Offering Price to the Public Computation of Yield on the Obligations Detail ofInvestment Transactions Summary of Taxable Transactions and Computation of Yield on the Investments Computation of Allowable Earnings and the Yield Reduction Payment 435 436 II e Summary of Computational Information e Section I e e. , , ! sUMMARY OF COMPUfATIONAL INFORMATION CALHOUN coUNTY, TEXAS COMPUfATlONAL INFORMATION: I. The following information was used to compute the debt service requirements and yield on the Obligations for the Computation Period: Dated Date: Delivery Date: First Coupon Date: November 20, 1996 November 20,1996 Payable upon Maturity 2. Principal amounts, interest rates, and reoffering prices are as shown in the section entitled " Computation of Yield on the Obligations." The target used for computing the yield on the Obligations was as follows: Issue price to the public Less: Insurance Premium $3,353,319.75 (10,358.00) $3,342,961.75 Target 3. Computations of yield are based upon a 360-day year and semiannual compounding. 4. The value of any fixed rate investments outstanding on the computation Date was determined by calculating the present value of future receipts on the Computation Date using the purchased yield on the investments. The value of variable rate investments outstanding on the Computation Date was determined by using the investment's fair market value on that date. Premiums and discounts from the purchase of securities are treated as an adjustment to actual interest earned when the investment matures or is sold. Gains and losses from the sale of securities are treated as an adjustment to actual interest earned during the Computation Period. 5. The purchase price of investments is assumed to be at their fair market value, representing an arms length transaction which did not result in an abusive arbitrage device by reducing the rebate amount required to be paid to the United States. The purchase price is also assumed to exclude all costs which are not qualifled administrative costs. 6. pursuant to Section 1.148-2(e), certain proceeds qualified for an original temporary period and were invested in higher yielding investments without causing bonds in the issue to be arbitrage bonds. At the end of the lemporary period, these proceeds will be restricted to the yield on the bonds, or will qualify for a yield reduction payment in accordance with Section 1.148-5(c) of the 1993 Treasury Regulations. S:\REBATE\SHAIl.EO\WW\ASSUMPl\ASsl1MI)OC\CalhounCn\~.doc '..:~ 437 SUMMARY OF COMPUTATIONAL INFORMATION (continued) CALHOUN COUNTY, TEXAS 7. At the direction of the Issuer, the Interest and Sinking Fund is a bona fide debt service fund. F or purposes of computing the amount of Rebatable Arbitrage, the bona fide debt service fund is exempt, in accordance with the Internal Revenue Code ~148(f), and was not included in the computation. 8. The Obligations met the small issuer exception to the rebate requirements as provided in Section 148 (f) of the Code. Bonds issued by governmental units with general taxing power who reasonably expect to issue $5 million or less in tax-exempt debt during each calendar year, are not subject to the rebate requirements if at least 95% of the net proceeds are to be used for local governmental activities of the issuer. DEFINITIONS 9. Yield: That yield, which, when used in computing the present worth of all payments of principal and interest to be paid on an obligation during the Computation Period,.produces an amount equal to, in the case of the Obligations, the initial offering price to the public, and in the case of the investments, the fair market value on the date the investment becomes a nonpurpose investment. S:\REBA TE\SHARED\wmASSUMP7'1ASstJMl)()C\CalhoUnCnty'\96RatT,~ 10. Allowable Earnings: The amount, which would have been earned if all investments had been invested at a rate equal to the yield on the Obligations. 1 I . Excess Earnings: The excess of actual investment earnings over the allowable earnings. 12. Yield Reduction Payment: Cumulative excess earnings, plus cumulative interest earnings thereon, of yield restricted investments. 438 e e e Computation of Yield on the Obligations I I .1 . Section II 439 $3,353,319,75 Calhoun County, Texas Tax Anticipation Notes, Series 1998 DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+! 5/15/1997 - - . - 11/15/1997 - - - . 5/15/1998 - - - . 11/15/1998 - . - - 5/15/1999 . - - - 11/15/1999 742,058.50 4.600% 107,941.50 850,000.00 5/15/2000 - - - - 11/15/2000 702,152.75 4.700% 142,847.25 845.000.00 5/15/2001 - - . . 11/1512001 670,973.00 4.800% 179,027.00 850,000.00 5/1512002 - - . . 11/15/2002 636.157.00 4.900% 213,843.00 850,000.00 5/15/2003 - . . . 11/15/2003 601,978.50 5.000% 248,021.50 850,000.00 Total 3,353,319.75 - 891,680.25 4,245,000.00 YIELD STATISTICS Bond Year Dollars,.....................................................................', .......,.......................... ..... ". $16,373.87 Average Life..... .................,............................................ ............................... ......................... 4.883 Years Average Coupon................... .................................................... ............................... .... .......... 5.44575170/0 Net Interest Cost (NIC)............................... ................................. ......... .............. .......... ......... 5.44575170/0 True Interest Cost (TIC)...................................... ............................... ............... ....... .............. 4.83095740/0 Bond Yield for Arbitrage Purposes......................................................................................... 4.8957447% All Inclusive Cost (AI C).. ........................................................ ... ............... ............. ....... .......... 4.89574470/0 IRS FORM 8038 Net Interest Cost............................................... .... ............................ ................................ ..... 5.4457517010 Weighted Average Maturity................ ............................... ..................... ................................ 4.883 Years Ferrand Jordan & Company Public Finance File = SER/ES96.SF-SER/ES96- SINGLE PURPOSE 1212812001 3:42 PM ., Pagel 440 e e e $3,353,319.75 Calhoun County, Texas Tax Anticipation Notes, Series 1996 PRICING SUMMARY Maturity Type of Bond Coupon Yield Issuance Value Maturity Value Price Dollar Price 11/15/1999 Serial Zero - 4.600% 742,058.50 850,000.00 67.301% 742,058.50 11/1512000 Seriat Zero - 4.700% 702,152.75 845,000.00 83,095% 702,152.75 11/1512001 Serial Zero - 4.800% 670,973.00 850,000.00 78.938% 670.973.00 11/15/2002 Serial Zero - 4.900% 636,157.00 850,000.00 74.642% 636,157.00 11/15/2003 Serial Zero - 5.000% 601,978.50 850,000.00 70.821 % 601.978.50 Total , . - . 3,353,319.75 4,245,000.00 - 3,353,319.75 BID INFORMATION Par Amount of Bonds.................................. ...................................... $3,353,319.75 Gross Production.. ......... ......................... ........" ............ .................... $3,353,319.75 Bid (100.000%)......... ......................... ...................... ......................... 3,353.319.75 Total Purchase Price......................... .............................................. $3,353,319.75 Bond Year Dollars...................... ....... ........... ...,....................... ......... Average Life...... ..................... .................... ...................................... Average Coupon............... ............................................................... $16,373.87 4.883 Years 5.4457517% Net Interest Cost (NIC)....... ............................................................. True Interest Cost (TIC).................. ................................... 5.4457517% 4.8309574% Ferrand Jordan & Company Public Finance File = SERIES96.SF-SERIES96. SINGLE PURPOSE 12/2812001 3:42 PM l.,:; Page 2 441 $3,353,319.75 Calhoun County, Texas Tax Anticipation Notes, Series 1996 PROOF OF BOND YIELD @ 4.8957447% Date Cashftow PV Factor Present Value Cumulative PV 11/20/1996 - 1.0000000x . . 11/15/1999 850,000.00 0.8655140x 735,886.88 735,686.88 11/1512000 845,000.00 0.8246472x 698,826.90 1,432,513.79 11/1512001 850,000.00 0.7857101x 667,853.S5 2,100.367.34 11/15/2002 850,000.00 O.7486114x 636,319.68 2.736,687.02 11/15/2003 850,000.00 0.7132644x 606,274.73 3,342,961.7S Total 4,245,000.00 - 3,342,961.75 . DERIVATION OF TARGET AMOUNT Par Amount of Bonds........................................................... ...... ....... .................................. $3,353,319.75 Bond Insurance Premium....... (24.4 bp)............................................................................. (10,358.00) Original Issue Proceeds........... ........................................... .............. ................................. $3,342,961.75 Ferrand Jordan & Company Public Finance File = SERIES96.SF-SERIES96. SINGLE PURPOSE 12/2812001 3:42 PM Page 3 i i I I 442 e e :e I I I I I Detail of Investment Transactions Section III , ?-~;, '71 443 irst Southwest A:sset Management, Inc. I10m002 1:14:46PM 3sue Number: 0346-004 Calhoun County, Texas Tax Anticipation Notes, Series 1996 Purchase Date: 11/20/1999 Description:Checking 11/20/99.9/30/00 Maturity Date:09/30/2000 Type:Activity Date 11/20/1999 11/30/1999 11/30/1999 12/14/1999 12120/1999 12/31/1999 12/31/1999 01/11/2000 01/31/2000 02/16/2000 02/29/2000 02/29/2000 03/14/2000 03/23/2000 03/31/2000 03/3112000 04/28/2000 04/30/2000 05/12/2000 05/31/2000 05/3112000 06/27/2000 06/30/2000 07/11/2000 07/17/2000 07/31/2000 08/14/2000 08/21/2000 08/3112000 09/30/2000 09/30/2000 Totals Principal (1,369,180.52) 774.99 (5,486.61) 10,316.18 39.57 17,763.66 (5,898.79) 14,586.91 (5,879.63) 45,120.60 1,333.25 (6,741.40) 67,869.90 1,046.94 7,000.00 (5,886.79) 406.70 (5,657.13) 6,870.60 348.75 (5,748.69) 2,500.00 (5,686.64) 3,082.50 13,317.90 (5,803.62) 135.40 25,000.00 (6,172.24) (5,973.76) 1,216,601.97 0.00 Interest (3,657.96) 0.00 5,486.61 0.00 0.00 0.00 5,898.79 0.00 5,879.63 0.00 . 0.00 6,741.40 0.00 (1,046.94) 0.00 5,886.79 0.00 5,657.13 0.00 0.00 5,748.69 0.00 5,686.64 0.00 0.00 5,803.62 0.00 0.00 6,[72.24 5,973.76 0.00 60,230.40 Total (1,372,838.48) 774.99 0.00 10,316.18 39.57 17,763.66 0.00 14,586.91 0.00 45,120.60 1,333.25 0.00 67,869.90 0.00 7,000.00 0.00 406.70 0.00 6,870.60 348.75 0.00 2,500.00 0.00 3,082.50 13,317.90 0.00 [35.40 25,000.00 0.00 0.00 1,2[6,601.97 60,230.40 - 444 Yield: IRS Yield: 5.5660% Record: 5.5660% Fund: Comment Page 1 of 2 Detail of Investment Transactions 5 2 e First Southwest Asset Managcmen t, Inc. 01/02/2002 I :14:46PM Issue Num ber: 0346.004 Calhoun County, Texas Tax Anticipation Notes, Series 1996 e Purchase Date:09l30/2000 Description:Checking 9/30/00-1/31/01 Maturity Date:O 1/31/200 1 Type: Activity Date Principal 09/3012000 (1,216,601.97) 10/31/2000 (6,062.40) 11/01/2000 36,957.00 11121/2000 570.00 11/30/2000 4,200.00 11/30/2000 (5,888.02) 12/31/2000 (6,073.23) 01/311200 I (5,668.39) 01/31/2001 1,198,567.01 Totals 0.00 Interest 0.00 6,062.40 0.00 0.00 0.00 5,888.02 6,073.23 5,668.39 0.00 23,692.04 Total (1,216,601.97) 0.00 36,957.00 570.00 4,200.00 0.00 0.00 0.00 1,198,567.01 23,692.04 e 82985-47-0346004 e Yield: IRS Yield: 6.0184% Record: 6.0184% Fund: Comment Page 2 of 2 6 2 Detail of Investment Transactions 445 First S.outhwest.AssetManagement, Ine. Page 1 of 1 e 01/0212002 1:14:59PM Calhoun County, Texas Tax Anticipation Notes, Series 1996 Summary of Taxable Transactions Issue Number: 034&-004 . Calculation Date: 11/20/2001 Annual Compoundings 2 Calc Basis: 30/360 Portfolio Yield: 5.671317% Date Principal Interest Total PV Factor Present Value Principal Balance 11/20/1999 (1,369,180.52) (3,657.96) (1,372,838.48) 1.0000000 (1,372,838.48) 1,369,180.52 11/30/1999 (4,711.62) 5,486.61 774.99 0.9984478 773.79 1,373,892.14 12/14/1999 10,316.18 0.00 10,316.18 0.9962787 10,277.79 1,363,575.96 12/20/1999 39.57 0.00 39.57 0.9953505 39.39 1,363,536.39 12/31/1999 11,864.87 5,898.79 17,763.66 0.9936511 17,650.88 1,351,671.52 01/11/2000 14,586.91 0.00 14,586.91 0.9921087 14,471.80 1,337,084.61 01/31/2000 (5,879.63) 5,879.63 0.00 0.9890312 0.00 1,342,964.24 02/16/2000 45,120.60 0.00 45,120.60 0.9867292 44,521.81 1,297,843.64 02/29/2000 (5,408.15) 6,741.40 1,333.25 0.9847386 1,312.90 1,303,251.79 03/14/2000 67,869.90 0.00 67,869.90 0.9824466 66,678.56 1,235,381.89. e 03/23/2000 1,046.94 (1,046.94) 0.00 0.9810740 0,00 1,234,334.95 03/31/2000 1,113.21 5,886.79 7,000.00 0.9798556 6,858.99 1,233,221.74 04/28/2000 406.70 0.00 406.70 0.9757544 396.84 1,232,815.04 04/30/2000 (5,657.13) 5,657.13 0.00 0.9754513 0.00 1,238,472.17 05/12/2000 6,870.60 0.00 6,870.60 0.9736346 6,689.45 1,231,601.57 05/31/2000 (5,399.94) 5,748.69 348.75 0.9707651 338.55 1,237,001.51 06/27/2000 2,500.00 0.00 2,500.00 0.9668521 2,417.13 1,234,501.51 06/30/2000 (5,686.64) 5,686.64 0.00 0.9664017 0.00 1,240,188.15 07/1112000 3,082.50 0.00 3,082.50 0.9647517 2,973.85 1,237,105.65 07/17/2000 13,317.90 0.00 13,317.90 0.9638529 12,836.50 1,223,787.75 07/31/2000 (5,803.62) 5,803.62 0.00 0.9617590 0.00 1,229,591.37 08/14/2000 13 5.40 0.00 135.40 0.9598187 129.96 1,229,455.97 08121/2000 25,000.00 0.00 25,000.00 0.9587755 23,969.39 1,204,455.97 08/31/2000 (6,172.24) 6,172.24 0.00 0.9572873 0.00 1,210,628.21 09/30/2000 (5,973.76) 5,973.76 0.00 0.9529844 0.00 1,216,601.97 10/31/2000 (6,062.40) 6,062.40 0.00 0.9484062 0.00 1,222,664.37 11/01/2000 36,957.00 0.00 36,957.00 0.9484062 35,050.25 1,185,707.37 11121/2000 570.00 0.00 570.00 0.9454641 538.91 1,185,137.37 11/30/2000 (l,688.02) 5,888.02 4,200.00 0.9441432 3,965.40 1,186,825.39 12/31/2000 (6,073;23) 6,073.23 0.00 0.9396075 0.00 1,192,898.62 01/31/2001 1,192,898.62 5,668.39 1,198,567.01 0.9352388 1,120,946.36 0.00 Totals 0.00 83,922.44 83,922.44 0.00 e Summary of Taxable Transactions 82985-47-0346004 446 e e e Computation of Allowable Earnings and the Yield Reduction Payment Section V 447 First Southwest Asset Management, Inc. Page I of 2 e 0110212002 1:15:14PM Calhoun County, Texas Tax Anticipation Notes, Series 1996 Calculation of Actual and Allowable Earnings Issue Num ber: 0346-004 Calculation Date: 11/20/2001 Annual Compoundings: 2 Calc Basis: 30/360 Bond Yield: 5.020744% Future Value At Date Principal Interest Total FV Factor Allowable Yield 11/20/1999 (1,369,180.52) (3,657.96) (1,372,838.48) 1.1 042597 (1,515,970.26) 11/30/1999 (4,711.62) 5,486.61 774.99 1.1 027397 854.61 12/14/1999 10,316.18 0.00 10,316.18 1.1006153 11,354.15 12/20/1999 39.57 0.00 39.57 1.0997060 43.52 12131/1999 11,864.87 5,898.79 17,763.66 1.0981923 19,507.91 01/11/2000 14,586.91 0.00 14,586.91 1.0965296 15,994.98 01/31/2000 (5,879.63) 5,879.63 0.00 1.0936636 0.00 02/16/2000 45,120.60 0.00 45,120.60 1.0912559 49,238.12 02/29/2000 (5,408.15) 6,741.40 1,333.25 1.0893036 1,452.31 e 03/14/2000 67,869.90 0.00 67,869.90 1.0870553 73,778.33 03/23/2000 1,046.94 (1,046.94) 0.00 1.0857085 0.00 03/31/2000 1,113.21 5,886.79 7,000.00 1.0846622 7,592.64 04/28/2000 406.70 0.00 406.70 1.0804869 439.43 04/30/2000 (5,657.13) 5,657.]3 0.00 1.0801892 0.00 05/12/2000 6,870.60 0.00 6,870.60 1.0784052 7,409.29 05/31/2000 (5,399.94) 5,748.69 348.75 1.0757348 375.16 06/27/2000 2,500.00 0.00 2,500.00 1.0717415 2,679.35 06/30/2000 (5,686.64) 5,686.64 0.00 1.0712987 0.00 07/11/2000 3,082.50 0.00 3,082.50 1.0696767 3,297.28 07/17/2000 13,317.90 0.00 13,317.90 1.0687930 14,234.08 07/31/2000 (5,803.62) 5,803.62 0.00 1.0668809 0.00 08/14/2000 135.40 0.00 135.40 1.0648255 144.18 08/21/2000 25,000.00 0.00 25,000.00 1.0637993 26,594.98 08/31/2000 (6,172.24) 6,172.24 0.00 1.0624813 0.00 09/30/2000 (5,973.76) 5,973.76 0.00 1.0580999 0.00 10/31/2000 (6,062.40) 6,062.40 0.00 1.0537365 0.00 11/01/2000 36,957.00 0.00 36,957.00 1.0535914 38,937.58 11/21/2000 570.00 0.00 570.00 1.0506929 598.89 11130/2000 (1,688.02) 5,888.02 4,200.00 1.0493912 4,407.44 12/31/2000 (6,073.23) 6,073.23 0.00 1.0450637 0.00 01/3]/2001 1,192,898.62 5,668.39 1,198,567.01 1.0407541 1,247,413.55 tit Totals 0.00 83,922.44 83,922.44 10,377.53 82985-47-0346004 Rebate Actual and Allowable Earnings 448 e e ! tit First Southwest Asset Management, Inc. 0]/02/2002 1:15:14PM Calhoun County, Texas Tax Anticipation Notes, Series 1996 Issue Num ber: 0346~004 Calculation of Actual and Allowable Earnings Calculation Date: 11/20/2001 Annual Compoundings: 2 Calc Basis: 30/360 Date Principal Summary of Rebatable Arbitrage: Actual Interest Earnings Allowable Interest Earnings Interest Total Cumulative Rebatable Arbitrage 82985-47...0346004 Page 2 of 2 Bond Yield: 5.020744% FV Factor 83,922.44 73,544.91 10,377.53 Future Value At Allowable Yield Rebate Actual and Allowable Earnings 449 - e -. 8038 G ,,!'rl'piir!ation Return for Tax-Exempt Go.v.emmental Obligations form -, .. -.. ..... ... Underl_l_ue Code _ 1'9[e) OMB No. '~720 (Rov.M>oyl995) ... .... s.._"'t.ln_o.... .Dep*"m_"I III"". TI~.urv' .. :~:.~':" (~'t: U.. F- .-. ~C ',1 """... l-..ue ~ is.under $100,000.) Irll_l~_''oIjllS.,....~1I ......~ u,.._ r-- I. Part 1: .:".1 ReDorting:Autnoritv II Amended Return, check her.... 0 1 l$:oue(~ namf! Z Issuer'_ employer idcrntUicatio" number Calhoun County, Texas 74-6001923 3 Number and .street (or P.O. be.-: If maills not delivered tD atrMt address) Raomlsuile . Rcpon. number County courthouse Annex, 201 West Austin G1996 - 1 S City.lOWTl, or pest offICe, ~. and ZlP code 6 Date of Issue Port Lavaca, Texas 77979 11-20-96 7 N"me of issue . , Tax Anticip.t~on Notes, Series 1996 l.PaTt 11.',1 Type of Issue,-fcneck applicable box!esl and enter the issue price) 9 0 Education.(aIlactr:'s;l\~dullH.. instruc:tions) . . ...... . .. ...... .. .. .... .. . .. .. . ... . .. , .. . .. 9 $ 10 0 Heolth and:ho.~ktiittach ""heelul...... Instruc:tion.) ..............,..................... 10 ~~ B ~~~~~p::~n.:.~~~~:~:::::::::::::: :::::::: ::::::::::: :::::::::: ::: ::::: ::::::: :::: ~~ 13 0 En\lironment (includinll sewage bonds) ,.,........................"................... 13 14 II ~Iousing ........,.......,.,..........,.......,.................,.................. 14 1S 0 Ulillties ,...."....,.........,....."...........,.........,........................ 15 lG [) Other. Describ. (see in6lJ'uc:tions) ... various ll1unici".1 construction and 16 $3,353 320 17 It obliga~ons are tax or other revenue anncipation bonds. check box ... g purchases 18 If obli~3tion~ are in the form of a lease or InstaRment &ale, check box ~ I I I 'Part"IW:..1 Description of Obligations . (.) (0) . tobturity data Int.,., nata B CUSIP "umber 129685 CM3 :t~~~;I~~1~i;;~~:~ ~~i~:~(~~i:; :~): e ~ w m ~ $hllod .-krmpUmt WeighJllId Yield Net inlluOllI price 81 malurtty QVlMgtI' mllturity coal 19 Fin.' maturity "11-15-2003 0.00 % 601, 979850,000 ~"$f,.~,,!(,,,,,,,,,,, ::,:l;~':';"C,'~ .",";"~.?;:.;",: 20 Entirelssue .. ':l>'::;~iii'..'\'!~~t.G~\f,~'~iJ.1i$ 3,353,320 4,245,000 4.882 years 4.895 % 5.445 % ,"Part IV 'I uses.ofJ?r.aceedsof Bond Issue lincludina underwriters' discount! 21 Proceeds used. for aCClued interest. . . . . . . , . , .. . . . . .. .. . . .. . , .. . .... .. . . .. . , . .. .. . , . , , , ... 21 -0- 22 .'..ue price of enbre.IsSueJent.r amount from line 20, column (c)) ....,.......... . . . , ... . . . . ,.. 22 3.353.320. 23 Proceeds used for bond issuance cosls (including underwriters' discount). 23 88,492 '""S;; , d 24 10 358 ,~!',,; 24 Proceeds used or ere It enhancement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. .... I, 25 Proceeds allocated to reasonably required reseNe or replacement fund .. 25 :~= '~t1:,;,..::.~.~..'.. 26 Proceeds lJsed to currently (efund prior issuBs . _ . . .. . . . . ., . . . . . ., . . ., 26 .',~ 27 Proceeds used to advance refund prior is&ues . . . . .. I . . " . . . . .. . . .. . " 27 -0- 28 Totai [add lines 23 through 27) .,..............,.,.....,........,..................,..... 29 Nonrelunding proceeds 01 the ilIsue (subtract line 28 Irom ~ne 22 and ente' amount here) ......,.. I.p.;.rt. V n Description.of Refunded Bonds (Complete this part only for refunding bonds.). 30 Enter the remaining weighted average maturity of the bonds to be currently' reNnded ............... 31 l::nter the remaining, weighted Bverage maturity or the bonds to be advance refunded ............. 32 Enter the last date~Dn.-'w.hich the refunded bonds will be called ................................. 33 Enter the date(sl t"e-refunded bonds w.re issued ... (cl lWiu. price 28 98,850 29 3,254.470 Not Applicable years yeCJrs I. 'Part VI,! Miscellaneous 34 Enter the amountof..th..state volume cap anocated to the issue under section 141(b)(5).......... , 34 -0- 3S Ent~r the amounl of lhe bonds dl!lSignated by the issuer under sectian 265(b)(3)(B)(l)(Ill) (&malr issue\" exception) ..... 35 $3,353,320 36a Enter the amount of 9'015$ proeeeds invtlsted or to be Invested In .. guaranleed Investment contract (~Instructions) . . 3Ba -0- b Enter the final maturtty date of the guaranteed investment contract ..~ N/A ~~~.;:'.~ I f.::~~';7.;"::i~jil:;::.':~~~~;l!:.~~;J 37 Pooled financings: a Proceeds or this I3tue that ara la be used to make lOins to other gOVf!mment81 units ...... 37a -0- b If thl::; Issue IS a loan made from the proceeds of another tax-exempt Issue, check box ....... 0 and enter the name of the Issuer ~ MIA and the date 01 the issue,.... N/A 3B II the issuer has elect.d to pay a p.nalty in lieu 01 arbitrage 'ebate, check bo. ..,.......... 0 N I A 39 If the \&suer has identified a hedge, check. box . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... N / A Undeof pIlnlltllos 01 perj \ I dtelate lh hay min<<i thia relum and accompanying ~lldLlhR; and w!ernenla..nd 10 1M bact or my lmaoNledgll g,nd :'~, lhey M.I," , 1) a~ . Sigpatu,. oIla.ua'" aulhotbed r. sanlalM Dalo For Paperwork Red\lc;t~.!' Act Notice, see page 1 'of the Instructions. e Please Sign Here 11-20-96 ... Howard C, Hartzog County Judge Typt 0( prinl ~ and titlo Form 8038-G iR", So8S) "" l'fDO<03F I~A 450 e "U o '" o >< '" o ~ :>- <= !'l. .5' ~~ ...'< 0>" Olo 0>... r\>CiJ 0" ~C!: . 0 ~" .i ~s: 0>0 <Oe 5llit :;gj3 ,?e 0>'" "'- 'fo- :::lCD ~a . <!: ."Dl ~[ Oi' ~ ~ ld 0> 0, 0> 0> ... . e .... (') o ;U en . i [ ~ "' " .0 APPROVE MONTHLY ADJUSTMENT REPORTS TO TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM' A Motion was made by C01IIDIi.ssinoer Finster and seconded by Judge Marshall to approve the following Monthly Adjustment Reports to the Texas County and District Retirement Syst~ pertaining to accounting corrections. C01IIDIi.ssioners Galvan, Floyd, Finster and Judge Marshall all voted in favor. ';} iit - :l:. .s. 1::' CIl ~ <ll ::J lit c} - .... e!- o 0 ~ 0 e en .... => c 0 .:< " ~ - " c ro m iii 3 3 - ... a> " n ::> 0 - ~ '< 0 <D 0 ... 0 a> 0 ::> - Ql 0 ... 5' ::> 6' - CD ::>. e .,. - <D <= 0 ::> <D ",. " 0 ~ ::> > ]: )> a: a: e c:: c:: ., en en 3' 3 3 <D <D <D => ::> ::> !if ur ur 0 .. d '0 I I 0 "' ![ ~ ~ - 8 ~ > m '" (g .9, 3 0> <= '0 en - 3~ a> .. ::> <D lil' ., .,. m ;;03 0>'0 13 13 CDO S'd5 ..... "Do ~~ .. x x &' ::>0 5:0 ~ O'c:: ~ "DC::> .. "".:1' B"g 0 "'. Q.?lu; or~ 0- ... 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CommIssIoners Galvan, Floyd, Finster and Judge Marshall all voted in favor. e Commissioner Balajka arrived just after this vote was taken at 10: 17 A.M. FREEZER IN JAIL DEPARTMENT - SALVAGE A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to declare a freezer (Inventory #512-003) in the Sheriff's Department as salvage. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. TEXAS ASSOCIATION OF COUNTIES 2002 VOLUNTARY LEADERSHIP FOUNDATION DUES No action was taken by the Court. INDIGENT DEFENSE REPORTING AND APPROPRIATIONS ACT - INTERIM PLAN AND COURT APPOINTED ATfORNEY FEE SCHEDULE The County Auditor said the State Legislature last year passed the Indigent Defense Reporting and Appropriations Aet. Au Interim Plan for payment to attorneys for indigents is done by the Judges. The Bill states part of the fee will be refunded if a report is filed. The County Clerk and the District Clerk agreed to file the reports. tit A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to appoint the CoimtyClerk for the County CoUrt at Law and the Distriet Clerk for the District Courts to prepare and send to the Office of Court Administration the reports required by the Indigent Defense Reporting and Appropriations Aet. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. County Reports - Auditors Sections 71.0351 tit Who Reports? Where? What is Reported? When? How? County OCA Total Amount; 9/1/02 Form and Auditor or Analysis orMoney Manner by Desginee Spent; OCA Categorized by: Court type; Type of Counsel; Juvenile or Adult; Investigative Expenses; Expert Witnesses; Other Litigation Expenses.. . 453 e Reporting In the Act On a monthly, quarterly, or annual basis, the county auditor or commissioners court designee shall prepare and send to OCA the following information: (1) in each district, county, statutory county, and appellate court; (2) in cases for which a private attorney is appointed for an indigent defendant; (3) in cases for which a public defender is appointed to an indigent defendant; (4) in cases for which counsel is appointed for an indigent juvenile under Section 51.10(1), Family Code; and (5) for investigation expenses, expert witness expenses, or other litigation expenses. e December 27, 2001 Attention: County Judges, County Court-at-Law Judges, District Clerks, County Clerks, Magistrates, Sheriffs RE: INTERIM PLAN Code of Crimnal Procedure Art. 26.04 Enclosed is the Interim Plan and court-appointed fee schedule effective 1/1/2002, including a Magistrate Arraignment form and 2 forms for requesting a court-appointed attorney (in jail form without notary & another form with notary/clerk). Also enclosed is a current active felony appointment list for each county effective 1/1/2002. Wh land W. i ore Local Administrative Judge tit 454 ...,....,-~.. . COURT-APPOINTED ATTORNEY FEE SCHEDULE (effective 1/1/2002) CALHOUN/DEWITT/GOLIAD/JACKSON/REFUGIO/VICTORIA COUNTIES IT IS January 1, Procedure. ORDERED that this fee schedule is adopted effective 2002, pursuant to Article 26.05, Code of Criminal 1. TRIAL SERVICES. An attorney may elect to be paid on a "Fixed Fee Basis" or a "Rate Basis" as set forth below using the attached form to submit the attorney's claim and shall be reimbursed for reasonable and necessary expenses pursuant to law. a) FIXED FEE BASIS: Type of Case Trial MTRCS/MTAG Felony* $ 200.00 $ 150.00 Misdemeanor* $ 125.00 $ 125.00 Juvenile* $ 125.00 *Multiple Cases - An attorney selecting the Fixed Fee Basis, will be paid the above rate for the first case, and then paid at the rate of $ 40.00 for each additional pending case. b) RATE BASIS: Minimum - Maximum Minimum - Maximum Type of Case Hourly In-Court Hourly out-of-Court . Capital Felony $ 40.00 - $ 75.00 $ 40.00 - $ 75.00 Felony $ 30.00 - $ 55.00 $ 30.00 - $ 55.00 Misdemeanor $ 30.00 - $ 55.00 $ 30.00 - $ 55.00 Juvenile $ 30.00 - $ 55.00 2, APPELLATE SERVICES. An attorney will be paid for appeals only on a "Fixed Fee Basis" as follows (except as noted below) using the attached form to submit the attorney's claim and shall be reimbursed for reasonable and necessary expenses pursuant to law. Appeal of Death Sentence - $ 5,000.00 Appeal of other Felony - $ 1,000.00 Appeal of Misdemeanor - $ - $ 750.00 Appeal of Juvenile 750.00 The attorney can request review of the fiKed fee amount if the attorney deems said amount is insufficient based upon the complexity of a particular appeal. . 455 ~.:; .. '\1 eft. 1/1/2002 CAUSE NO. vs. s s IN THE COURT THE STATE OF TEXAS s COUNTY, TEXAS ATTORNEY CLAIM FOR COMPENSATION I certify that I was appointed to represent the Defendant in this cause and that I performed my duty pursuant to the law. I elect to be paid using the following "Fixed Fee Basis": ) Felony Indictment/Information - $ 200.00; l Felony MTRCS/MTAG - $ 150.00; ) Misdemeanor Information/MTRCS/MTAG - $ 125.00;. l Juvenile - $ 125.00; ) Each additional case - $ 40.00 each [ # - ]; ) Appeal ( ) death case $5,000; ( ) other felony $ 1,000; ( ) misdemeanor $ 750; ( ) juvenile $ 750. . OR ( ) I elect to be paid using the county' s "Rate Basis" Fee Schedule. My hours are summarized on this claim form. I certify that the time spent was a reasonable and necessary amount of time for the proper representation of the Defendant, and that no one else is being billed for the time claimed here. Any additional documentation is provided on a separate paper as supporting information for the Court's file and I certify to be correct. "In-Court Time": "Out-of-Court Timell: Reasonable Expenses Incurred: SIGNED and CERTIFIED TO this _____ day of Print Attorney's Name Attorney's Signature The Court approves and orders payment of $ to the above attorney who was appointed to represent the Defendant in this cause from the appropriate county fund. SIGNED . ...-.....J Co. Acct # . Judge Presiding 456 e tit I. tit ATT()VNft"S TlMr: Vr:()OI2() Client: Cause No. J.I....C: UBI... n.'r" 'JF.RVICE RENDERED HOURS . IN COlJRT I (ll -- --- -- -. --- - _.._- --.- - -.-- -- .--- -.--.- -. ...------.--....-- ----------- - 'l'O'I'ALS Court.: Out of C,)!",!: 457 e effective 1/1/2002 page 1 of 6 INTERIM PLAN (Code of Criminal Procedure Art. 26.04) CALHOUN/DEWITT/GOLIAD/JACKSON/REFUGIO/VICTORIA COUNTIES As required by Code of Criminal Procedure Art. 26.04, the undersigned judges adopt the following interim plan: 1. Responsibility for the appointment of counsel for indigent defendants: la) Felonies: The 4 district judges with Victoria County jurisdiction (all of whom try criminal cases in said county) are authorized to appoint counsel for an indigent defendant in Victoria County arrested for or charged with a felony in Victoria County. If all 4 district judges are unavailable to appoint an attorney wi thin the time allowed by law, then any district judge shall designate a magistrate to make the appointment. tit The 3 district judges with additional jurisdiction in Calhoun, DeWitt, Goliad, Jackson, and Refugio Counties (all of whom try criminal cases in said counties) are authorized to appoint counsel for an indigent defendant in said counties arrested for or charged with a felony in said counties, In Calhoun, DeWitt, Goliad, Jackson, and Refugio Counties, the 3 district judges also will from time to time designate and authorize one or more magistrates to appoint counsel in felony cases. . (b) Misdemeanors: The 2 County Court at Law judges with Victoria County jurisdiction (all of whom try criminal cases in said county) are authorized to appoint counsel for an indigent defendant in Victoria County arrested for or charged with a misdemeanor punishable by confinement in Victoria County. If the County Court at Law judges are both unavailable, then the Victoria County judge is authorized to make the appointment. If the Victoria County Judge will also be unavailable to appoint an attorney within the time allowed by law, then either one of the Victoria County-at-Law judges or the Victoria County Judge shall designate a magistrate to make the appointment. The 1 County Court at Law judge with Calhoun County jurisdiction (who tries criminal cases in said county) is authorized to appoint counsel for an indigent defendant in Calhoun County arrested for or charged with a misdemeanor punishable by confinement in Calhoun County,. If the County Court at Law judge is unavailable, then the Calhoun County judge is authorized to make the appointment. If the Calhoun County Judge will also be unavailable to appoint an attorney within the time allowed by law, then either the Calhoun County-at-Law Judge or the Calhoun County Judge shall designate a magistrate to make the appointment. tit 458 effective 1/1/2002 INTERIM PLAN (cont.) page 2 of 6 e CALHOUN/DEWITT/GOLIAD/JACKSON/REFUGIO/VICTORIA COUNTIES The DeWitt County Judge is authorized to appoint counsel for an indigent defendant in DeWitt County arrested for or charged with a misdemeanor punishable by confinement in DeWitt County. If the DeWi tt County Judge will be unavailable to appoint an attorney within the time allowed by law, then the DeWitt County Judge shall designate a magistrate to make the appointment. The Goliad County Judge is authorized to appoint counsel for an indigent defendant in Goliad County arrested for or charged with a misdemeanor punishable by confinement in Goliad County, If the Goliad County Judge will be unavailable to appoint an attorney within the time allowed by law, then the Goliad County Judge shall designate a magistrate to make the appointment. The Jackson County Judge is authorized to appoint counsel for an indigent defendant in Jackson County arrested for or charged with a misdemeanor punishable by confinement in Jackson County, If the Jackson County Judge will be unavailable to appoint an attorney within the time allowed by law, then the Jackson County Judge shall designate a magistrate to make the appointment. e The Refugio County Judge is authorized to appoint counsel for an indigent defendant in Refugio County arrested for or charged with a misdemeanor punishable by confinement in Refugio County, If the Refugio County Judge will be unavailable to appoint an attorney within the time allowed by law, then the Refugio county Judge shall designate a magistrate to make the appointment. (c) Visitinq Judqe: If a judge has been assigned as a visiting judge to a county and the assignment enables the visiting judge to handle criminal matters, then said visiting judge is authorized to appoint counsel for an indigent defendant in said county of assignment arrested for or charged with an offense to which the visiting judge has been authorized to try pursuant to said assignment in said county. 2. APPLICABILITY: plan apply to each judge'S designee in The procedures in each county in this interim appointment of counsel made by a judge or a said county. 3. RIGHT TO CONFER: Each judge shall ensure that each indigent defendant who is charged with a misdemeanor punishable by confinement or with a felony and who appears in that judge'S court without counsel has an opportunity to confer with appointed counsel before the commencement of judicial proceedings. 4. DEATH PENALTY CASES: cases in which the death requirements of Article Procedure. Appointments for defendants in capital penalty is sought shall comply with the 26.052 of the Texas Code of Criminal e 459 e effective 1/1/2002 INTERIM PLAN (cont.) page 3 of 6 CALHOUN/DEWITT/GOLIAD/JACKSON/REFUGIO/VICTORIA COUNTIES 5. COURT-APPOINTED ATTORNEY'S DUTY: A court-appointed attorney shall follow adopted procedures, the requirements of the Code of Criminal Procedure, and applicable rules of ethics. To enable the courts to monitor the court-appointed attorney's compliance with Code of Criminal Procedure Article 26.04(j)(l}, the attorney shall record the time and date of contact with the defendant and the time and date of interview with the defendant on the Attorney's Time Record form and then immediately mail or have hand-delivered to the official who made the appointment to be included in the file of the case. 6. FAIR, NEUTRAL, AND NONDISCRIMINATORY APPOINTMENTS AMONG QUALIFIED ATTORNEYS. (a) FELONY PUBLIC APPOINTMENT LIST: All attorneys residing in any of the six counties comprising the 24th, 135th, and 267th Judicial District Courts are eligible to be on the Public Appointment list for felony cases (other than Death Penalty cases which follows Code of Criminal Procedure Art. 26.052 requirements) in one or more of the counties. Additionally, attorneys residing in Lavaca County are eligible to be on the Public Appointment List for felony cases in Victoria County. Additionally, for Calhoun, DeWitt, Goliad, Jackson, and Refugio Counties, all attorneys not residing in the six counties comprising the 24th, 135th, and 267th Judicial District Courts but within an hours drive of the county seat are also eligible to be on the Public Appointment list in that particular county. Each attorney currently on the active appointment list in each county shall be notified that said attorney will be on the Public Appointment List effective 1/1/2002 unless said attorney notifies the court otherwise. Attorneys not on the list in a particular county may apply by sending a letter requesting to be on the list addressed to the District Clerk of said particular county. e In addition to the above requirements, to be qualified, the attorney must be licensed to practice law in the State of Texas and in good standing and must follow the requirements of the Rules of Professional Responsibi1ty. Any attorney currently on the appointment list who is either not willing or not able to handle all types of "non-death penalty" felony cases, shall notify the judges of the types of cases to which the attorney should not be appointed. Before an attorney not currently on the appointment list is added to the public appointment list, the attorney must meet with each district judge whose jurisdiction includes said county to discuss and determine the attorney's experience, knowledge and the types of cases to which the attorney should not be appointed, if any, and be approved by a majority of the judges. e 460 effective 1/1/2002 INTERIM PLAN (cont.) page 4 of 6 e CALHOUN/DEWITT/GOLIAD/JACKSON/REFUGIO/VICTORIA COUNTIES (b) MISDEMEANOR PUBLIC APPOINTMENT LIST: All attorneys residing in any of the six counties comprising the 24th, 135th, and 267th Judicial District Courts are eligible to be on the Public Appointment list for misdemeanor cases in one or more of the counties. Additionally, attorneys'residing in Lavaca County are eligible to be on the Public Appointment List for felony cases in Victoria County. Additionally, for Calhoun, DeWitt, Goliad, Jackson, and Refugio Counties, all attorneys not residing in the six counties comprising the 24th, 135th, and 267th Judicial District Courts but within an hours drive of the county seat are also eligible to be on the Public Appointment list in that particular county. Each attorney currently on the active appointment list in each county shall be notified that said attorney will be on the Public Appointment List effective 1/1/2002 unless said attorney notifies the court otherwise. Attorneys not on the list in a particular county may apply by sending a letter requesting to be on the list addressed to the County Clerk of said particular county. e In addition to the above requirements, to be qualified, the attorney must be licensed to practice law in the .State of Texas and in good standing and must follow the requirements of the Rules of Professional Responsibilty. Any attorney currently on the appointment list who is either not willing or not able to handle all types of misdemeanor cases, shall notify the judge{s) of the types of cases to which the attorney should not be appointed, Before an attorney not currently on the appointment list is added to the public appointment list, the attorney must meet with each county court at law judge, if any, or if no county court at law judge in the county, then the county judge to discuss and determine the attorney's experience, knowledge and the types of cases to which the attorney should not be appointed, if any, and be approved by either the county judge or a majority of the judges if there is more than one judge trying misdemeanor cases in the county. (e) Appointment Procedure: The official appointing an attorney shall follow the appointment procedure of Art. 26.04{a) of the Code of Criminal Procedure, including the requirement of finding good cause on the record for appointing an attorney out of order except pursuant to law as follows: (1) a capital case in which the death penalty is being sought or it has not been indicated whether or not the death penalty will be sought shall follow the requirements of Art. 26.052 of the Texas Code of Criminal Procedure; (2) the Court or the Court's designee will follow Art. 26.04(c) of the Code of Criminal Procedure if it is determined that the defendant does not speak and understand the English language or that the defendant is deaf. e 461 e effective 1/1/2002 INTERIM PLAN (cant.) page 5 of 6 CALHOUN/DEWITT/GOLIAD/JACKSON/REFUGIO/VICTORIA COUNTIES (d) Appointment Process: Either the person arresting the defendant or the person having custody of the defendant shall comply with the Code of Criminal Procedure requirements concerning contact with a magistrate in the manner and in the time required by the Code of Criminal Procedure. The magistrate shall comply with the Code of Criminal Procedure Art. 15.17(e) requirements concerning the appointment of counsel which may be a written format (form attached as Exhibit "A" approved) [magistrate may also use own form if SUbstantially similar] and/or an electronic recording. The Court approves the Request for court-appointed attorney form attached as Exhibit "8" (a judge may also use oWn form if otherwise complies with the law). The Court shall follow the requirements of the Code of Criminal Procedure in determining indigency and consider the Federal Poverty guidelines based On one person. e e 462 e e e effective 1/1/2002 .- INTERIM PLAN (cont.) page 6 of 6 CALHOUN/DEWITT/GOLIAD/JACKSON/REFUGIO/VICTORIA COUNTIES IT IS ORDERED THAT THIS INTERIM PLAN AND COURT-APPOINTED ATTORNEY FEE SCHEDULE IS HEREBY APPROVED EFFECTIVE January 1, 2002. Hon~~~ Judge, 267th District Court H n. Kemper Stephen Williams, udge, 135th District Court /J....-- (f t ~ Hqn. Ben E. Prause, DeWitt County Judge \ JJd,;!!.e1fu Victoria County Judge 4u<-M../4. JA ~_ Hon. Arlene N. Marshall, Calhoun County Judge ~'7; ~ Hon. Harold F, Gleinser, Goliad County Judge --- ill 463 e Arrest Time: Arrest Date: a,m./p.m. MAGISTRATE ARRAIGNMENT: CAUSE NO. (Certificate of Compliance with Art. 15.17 C,C,P.) The State of Texas County of s s BEFORE ME, the undersigned Magistrate of County, on the day of at 0' clock a,m,/p.m, in said county appeared the accused at which time I informed the accused of the following charge filed against said accused and of any affidavit, complaint, information, indictment, or verification of a warrant filed therewith: CHARGE: The accused was informed: (1) of his/her right to remain silent; (2) of his/her right to retain counsel; (3) of his/her right to request the appointment of counsel if he/she is indigent and can not afford counsel; (4) that he/she will be allowed a reasonable time and opportunity to consult counsel, (5) of his/her right to have an attorney present during any interview with peace officers or attorneys representing the state, (6) of his/her right to terminate the interview at any time, (7) that he/she is not required to make any statement, (8) that any statement made by him/her may be used against him/her at trial and in court, (9) of his/her right to have an examining trial, (10) of the right to access to his/her consulate if a foreigner; (11) of the procedures for requesting a court-appointed attorney: a. that an application needs to be completed and signed; b, that the person with the application will assist the accused in filling out the form, c. that if he/she meets indigence standards, he/she will qualify for court-apPointed counsel; d. that if he/she does not request court-appointed counsel now, but wants to later, he/she needs to tell the jailer if in jailor the clerk of the court in which the charge is filed if on bond or the judge in the courtroom. e THE MAGISTRATE ASKED THE ACCUSED WHETHER THE ACCUSED WANTED TO REQUEST APPOINTMENT OF COUNSEL. THE ACCUSED DOES/DOES NOT WANT TO REQUEST COURT-APPOINTED COUNSEL, Bond set: $ ~ _____ You are remanded without bond. e SIGNED MAGISTRATE EXHIBIT II ~'lI - ~64 (rev 1/1/02) CAUSE NO. e vs. s s s IN THE COURT THE STATE OF TEXAS COUNTY, TEXAS BEFORE ME, the undersigned authority, on this day personally appeared the Defendant in this cause who, after being by me duly sworn, on oath deposes and says as follows: "I have been advised by the Court of my right to representation by counsel in the trial of the charge pending against me, I certify that I am without means to employ counsel of my own choosing and I hereby request the Court to appoint counsel for me. The following information concerning my resources is true and correct: Total cash on hand or on deposit anywhere: Income amnt. / source) : Spousal income that is available to defendant: Dependents (jf & ages) : Estimate of reasonable monthly living expenses: Other property owned (list with value): Debts (creditor's name, amount owed & payments): e Further affiant sayeth not." Defendant SWORN TO AND SUBSCRIBED TO before me by the Defendant on the day of , at a.m/p.m. Notary Public, State of Texas or Clerk of the Court IT IS ORDERED that the Defendant this is appointed to represent day of JUDGE PRESIDING/JUDGE'S DESIGNEE e E"XHI{)17 "8, " 465 e in jail form (rev 1/1/02) CAUSE NO. THE STATE OF TEXAS s s s IN THE COURT vs. COUNTY, TEXAS "On this day I have been advised by the Court of my right to representation by counsel in the trial of the charge pending against me. I certify that I am without means to employ counsel of my own choosing and I hereby request the Court to appoint counsel for me. The following information concerning my resources is true and correct: Total cash on hand or on deposit anywhere: Income amnt./source) : Spousal income that is available to defendant: Dependents (# & ages): Estimate of reasonable monthly living expenses: Other property owned (list with value): e Debts (creditor's name, amount owed & payments): I, being presently incarcerated in the County, Texas, declare under that the foregoing is true and correct." , id # County Jail in penalty of perjury EXECUTED on the a.m/p.m. day of , at Defendant IT IS ORDERED that the Defendant this. is appointed to represent day of e JUDGE PRESIDING/JUDGE'S DESIGNEE EXHIBIT " B J. II - 466 e Arrest Time: Arrest Date: a.m./p.m. MAGISTRATE ARRAIGNMENT: CAUSE NO. (Certificate of Compliance with Art. 15,17 C,C.P.) The State of Texas County of s s BEFORE ME, the undersigned Magistrate of County, on the day of at o'clock a,m./p.m, in said county appeared the accused at which time I informed the accused of the following charge filed against said accused and of any affidavit, complaint, information, indictment, or verification of a warrant filed therewith: CHARGE: e The accused was informed: (1) of his/her right to remain silent; (2) of his/her right to retain counsel; (3) of his/her right to request the appointment of counsel if he/She is indigent and can not afford counsel; (4) that he/she will be allowed a reasonable time and opportunity to consult counsel; (5) of his/her right to have an attorney present during any interview with peace officers or attorneys representing the state; (6) of his/her right to terminate the interview at any time; (7) that he/she is not required to make any statement; (8) that any statement made by him/her may be used against him/her at trial and in court; (9) of his/her right to have an examining trial; (10) of the right to access to his/her consulate if a foreigner; (11) of the procedures for requesting a court-appointed attorney: a. that an application needs to be completed and signed; b. that the person with the application will assist the accused in filling out the form; c, that if he/she meets indigence standards, he/she will qualify for court-appointed counsel; d. that if he/she does not request court-appointed couns7l now, but wants to later, he/she needs to tell the jailer if 1n jailor the clerk of the court in which the charge is filed if on bond or the judge in the courtroom. THE MAGISTRATE ASKED THE ACCUSED WHETHER THE ACCUSED WANTED TO REQUEST APPOINTMENT OF COUNSEL. THE ACCUSED DOES/DOES NOT WANT TO REQUEST COURT-APPOINTED COUNSEL. Bond set: $ or You are remanded without bond. SIGNED MAGISTRATE e 467 e in jail form (rev 1/1/02) CAUSE NO. THE STATE OF TEXAS s s s IN THE COURT vs. COUNTY, TEXAS "On this day I have been advised by the Court of my right to representation by counsel in the trial of the charge pending against me. I certify that I am without means to employ counsel of my own choosing and I hereby request the Court to appoint counsel for me. The following information concerning my resources is true and correct: Total cash on hand or on deposit anywhere: Income amnt. / source) : Spousal income that is available to defendant: Dependents (# & ages): Estimate of reasonable monthly living expenses: Other property owned (list with value): e Debts (creditor's name, amount owed & payments): , id # I, being presently incarcerated in the County, Texas, declare under that the foregoing is true and correct." County Jail in penalty of perjury EXECUTED on the a.m/p.m. day of , at Defendant IT IS ORDERED that the Defendant this is appointed to represent day of e JUDGE PRESIDING/JUDGE'S DESIGNEE 468 e e e APPOINTMENTS - GOLIAD COUNTY 1. 2, 3. 4. 5. 6. 7. Elliott Costas Travis Ernst Keith S. Weiser Brian Hendrix Bill White Susan Fuller Eli Garza 469 e APPOINTMENTS - JACKSON COUNTY 1. Pam Guenther 2. W. A. White 3. Brian Hendrix 4. Julie Hale 5. Leland Irwin 6. Chad Ellis (Manske) 7. Andrew Payne (Viet.) 8. Travis Ernst 9. Elliott Costas 10. Eli Garza (Victoria) 11. Keith Weiser 12. Rusty Henderson 13. Tali Villafranca e e 470 e REFUGJO COUNTY COURT APPOINTED ATTORNEYS BRIAN DALE HENDRIX Attorney at Law P. O. Box 1636 Victoria, Tcxas 77902-1636 ALEX LUNA Attorney at Law P. O. Box 3634 Victoria, Texas 77903 JAMES HENDRIX Attorney at Law 800 N. ShoreUnc Suite 400 South Corpus Christi, Texas 78401 RUSTY HENDERSON Attorney at Law 5606 N. Navarro, Ste. 2000 Victoria, Texas 77904 THOMAS J. BARRY Attorney at Law 143 E. Main Yorktown, Texas 78164 RICHARD H. VESTAL Attorney at Law 107 South Kathleen Beeville, Texas 78102 e MINERVA PEREZ ARRIAGA Attorney at Law P. O. Box 6363 Corpus Christl, Texas 78466 TRAVIS ERNST Attorney at Law P. O. Box 2511 Victoria, Texas 77902 KEITH W. WEISER Attorney at Law P. O. Box 1093 Victoria, Texas 77902-1093 STEPHEN S. ROSS Attorney at Law P. O. Box 4409 Victoria, Texas 17903 e 20:3:l~d 820C U~ 19r:01 '~'l IJT~ISTn'nJ'~~~:wnH; r?:~~ t~ )~-J~ 471 - Victoria County 1) James Beeler 2) Elliott Costas 3) Will Denton 4) Lawrence Elliott 5) Travis Ernst 6) Eli Garza * 7) Frank Henderson, Jr. 8) Rusty Henderson 9) Brian Hendrix 10) Joyce Leita 11) Alex Luna* 12) Keith Weiser 13) Bill White * able to speak Spanish e e 472 e 1. 2. 3. 4. 5. 6. 7, 8. 9. 10. 11. 12. e e APPOINTMENTS - DEWITT COUNTY Joyce Leita Elliott Costas Charles Kvinta, Jr. Kenneth E. Kvinta Travis Ernst Bill White Eli Garza Brian Hendrix Julie Hale Tom Barry Dayna S. Tuttle Keith Weiser 473 474 \ \ , '. - , ;i~ .": !g 3!lI1d .' ~ =,",( <:('''' J;1"tOJlIll'l (361)516-0776 ('02056800) J...a huG '606 I. .&'Ylln'O Su.iU 100-'1 V14t.<1&. T~ 77904 6J:P'1- 'irf'. t.,~''- (1-800-865-5508\ (l-!6l-8SS-5666) To" 7114Ql llan Cartfti&l>~ SOl t.1~.., eo,.,... CbtlJlU. Z11~ott eo.ta. ($73-1SS') 115 .. l(a.l.Il 2n4 l'J.o4< Victar1A. 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STEAM CLEANER AT JAIL - SALVAGE A Motion was made by Conunissioner Finster and seconded by Commissioner Balajka to declare a MIS KS Series 2004 Combination Steam Cleaner, Serial #763, Inventory No. 24-0159 at the Jail Department as salvage to be used as a Trade-in on a new cleaner. Commissioners Galvan. Balajka, Floyd. Finster and Judge Marshall all voted in favor. COUNTY TAX ASSESSOR-COLLECTOR. DISTRICT CLERK - JP #1 - JP #4- MONTIII.Y REPORTS The Tax Assessor/Collector presented her report for November, 2001 and the District Clerk, JP #1 and JP #4 presented their reports for December, 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 ludge Mtmhall all voted in ravor. GENERAL DISCUSSION Commissioner Balajka said a new recycle trailer from grants was received from Golden Crescent Regional Planning commission. It is smaller than the previous one. He 'Win meet with Commissioner Floyd concerning use of the trailer. Judge Marshall stated the Texas Rural Development Council is doing an assessment next week and wishes to meet Friday, January 18. 2001 at 7:30 A.M. with the Court and task force to determine the most workable document for the Court. She asked to be notified if anyone could not attend. ACCOUNTS ALLOWED - COUNTY Claims totaling $787 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 same claims be approved for payment. Conunissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. THE COURT ADJOURNED AT 10;30 AM