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2006-03-23 Regular March Term Held March 23, 2006 THE STATE OF TEXAS ~ ~ ~ COUNTY OF CALHOUN BE IT REMEMBERED, that on this 23'd day of March, A.D., 2006 there was begun and holden in the Commissioners' Courtroom in the Memorial Medical Plaza in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Michael J. Balajka Nell E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. APPROVAL OF MINUTES: A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the minutes of February 23, 2006 meetings be approved as presented. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted In favor. ~W;/d Nel E. F h. Commissioner,' Precinct 3 ,/ ~t-~~ 1<enneth W. Finster . Commissioner, Precinct 4 Ii J fj.l/\ ~ A k nlrl 'w II ~.. ~ Deputy County Clerk APPOINTMENTS TO MEMORIAL MEDICAL CENTER BOARD OF TRUSTEES: A Motion was made by Commissioner Fritsch and seconded by Judge Pfeifer to appoint Bob Bonar and Leonard Korenek to Memorial Medical Center Board of Trustees. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted In favor. RECIND ACTION OF COMMISSIONERS' COURT DATED AUGUST 25. 2005 DESIGNATING RIDGE PROPERTY TRUST REINVESTMENT ZONE NO. 05-01: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to reclnd action of Commissioners' Court dated August 25, 2005 designating Ridge Property Trust Reinvestment Zone NO. 05-01. Commissioners Galvan, Balajka, FritsCh, Finster and Judge Pfeifer all voted In favor. RECIND TAX ABATEMENT GRANTED TO RIDGE PROPERTY TRUST BY COMMISSIONERS' COURT ON AUGUST 25. 2005: A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to recind the Tax Abatement Granted to Ridge Property Trust by Commissioners' Court on August 25,2005. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. PUBLIC HEARING REGARDING DESIGNATION OF FORMOSA PLASTICS CORPORATION. TEXAS REINVESTMENT ZONE #06-06 AND GRANTING TAX ABATEMENT: Judge Pfeifer opened the Public Hearing regarding the Designation of Formosa Plastics Corporation, Texas Reinvestment Zone #06-06 and Granting Tax Abatement at 10:04 a.m. There were no public comments. Judge Pfeifer closed the public hearing at 10:05 a.m. DESIGNATE FORMOSA PLASTICS CORPORATION. TEXAS AS REINVESTMENT ZONE #06-06: A Motion was made by Commissioner Balajka and seconded by Commissioner Fritsch to Designate Formosa Plastics Corporation, Texas as Reinvestment Zone #06-06. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. 1.......-- ,4: ~ 1: .. RESOLUTION OF THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS /' DESIGNATING FORMOSA PLASTICS CORPORATION, TEXAS REINVESTMENT ZONE NO. 06-06 WHEREAS, Formosa Plastics Corporation, Texas filed an Application with the Commissioners Court of Calhoun County, Texas for designation of a reinvestment zone on . March 20, 2006; and WHEREAS, pursuant to the Property Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312) and the Guidelines and Criteria of the Commissioners Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County, (The Guidelines), the Commissioners Court published a Notice of Public Hearing on the Application of Formosa Plastics Corporation, Texas for designation of a reinvestment zone in the Port Lavaca Wave on March 15,2006; and WHEREAS, the Commissioners Court convened in open meeting on Thursday, March 23,2006 at 10:00 o'clock a.m., pursuant to said Notice for the purpose of conducting a Public Hearing on the Application of Formosa Plastics Corporation, Texas for designation of a reinvestment zone, during which hearing representatives of Formosa Plastics Corporation, Texas presented statements and evidence in support of its Application, and whereupon all interested persons in attendance who requested to do so, were given the opportunity to speak and present evidence for or against the designation; and WHEREAS, upon conclusion of the Public Hearing, the members of the Commissioners Court considered the evidence and upon motion and second, adopted the following resolution: 1 \;, it" .. .t,t' BE IT RESOLVED by the Commissioners Court of Calhoun County, Texas: 1. The Commissioners Court. of Calhoun County, Texas makes the following findings: (a) That the improvements sought are feasible and practical; (b) The designation and improvements would be a benefit to the land to be included in the zone, and to the County after the expiration of the tax abatement agreement; (c) The area will be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the County; (d) The Commissioners Court further finds that the entire 1372.78 acres (more or less) tract of land is located entirely in an unincorporated area of Calhoun County, Texas; 2. Based upon its findings, the Commissioners Court of Calhoun County, Texas concludes that Formosa Plastics Corporation, Texas' Application for Designation of Reinvestment Zone dated March 20, 2006 should be and is hereby approved. 3. A metes and bounds description ofthe Reinvestment Zone is contained in Exhibit "1," is attached hereto, incorporated by reference and made a part hereof for any and all purposes. Also attached to this Resolution is a plat indicating the boundaries and location of the Reinvestment Zone. The plat is marked Exhibit "2," incorporated by reference and made a part hereof for any and all purposes. 2 '...: ~ j" j 4. The Reinvestment Zone is hereby designated as eligible for tax abatement, subject to approval of any application for tax abatement by the Commissioners Court. 5. The tract ofland containing 1372.78 acres (more or less) is hereby designated as Formosa Plastics Corporation, Texas Reinvestment Zone 06-06 and is eligible for tax abatement. 6. This designation of a reinvestment zone shall expire five years from the date of this resolution. PASSED, ADOPTED AND APPROVED, on this 23rd day of March, 2006. . I COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS ATTEST: By (lli;n~~ Anita Fri' ke Calhoun County Clerk , Deputy 3 ,~' ".. .' , '. SPVC Plant 51.50 Acres Legal Description State of Texas COlffity of Calhoun BEING a 51.50 acre tract of land situated in the Phillip Dimmitt Survey, Abstract No. 11, Calhoun County, Texas, and bemg a portion of that certain tract of land described as 1560.40 acres in deed dated February 12, 1988 from Aluminum Company of-America to Formosa Plastics Corporation, Texas by Special Warranty Deed recorded in Volume 15, Page 404 of the Official Records of Calhoun County, Texas, and this 51.50 acre tract being more particularly described by metes and bounds as follows: . BEGINNING, at a set 5/8 inch iron rod at the northwest comer of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates ofN 11,605.64'and E 1692.00', said iron rod being located South 00001' 14" East a distance ofl51O.75 feet and East 694.68 feet from a point at the northwest corner of the above mentioned 1560.40 acre tract; THENCE East with the north line of the herein described tract for a distance of2730.00 feet to a set 5/8 inch iron rod for the northeaSt comer of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates ofN orth 11 ,605.64' and East 4422.00'; THENCE South with a east line of the herein described tract for a distance of 596.98 feet to a set 5/8 inch iron rod for an east southeast comer of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 11,008.66' and East 4422.00'; THENCE West with a line of the herein described tract for: a distance of 942.00 feet to a set 5/8 inch iron rod for an interior comer of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 11,008.66' and East 3480.00'; THENCE South with an easterly line of the herein described tract for a distance of692.66 feet to a set 5/8 inch iron rod for the southeast comer of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 10,316.00' and East 3480.00'; THENCE West with the south line of the herein described tract for a distance of 886.00 feet to a set 5/8. inch iron rod for the southwest comer of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 10,316.00' and East 2594.00'; THENCE North with a west line of the herein described tract for a distance of 692.66 feet to a set 5/8 inch iron rod for an interior corner of the herein descn'bed tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 11,008~66' and East 2594.00'; THENCE West with a line ilfthe herein described tract for a distance of 902.00 feet to a set 5/8 inch iron rod for a west southwest comer of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 11,008.66' and East 1692.00'; THENCE North with the west line of the herein described tract for a distance of 596.98 feet to the POINT OF BEGINNING, CONTAiNING 51.50 acres oflanci Bearfugs are based on Formosa Plastics Corporation plant coordinate system. Reference is made to that plat accompanying this legal description. The above legal description is based on an actual survey made on the ground under my ~~;~A D.03~~~h Ganem & elly Surveying, In~ By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 r EXHIBIT PC06023 J D B "I" , J ).. lU ~ 0: ~"l Cf.l't ~I- Lltl l1..<( ~o: C!JI- tlCf.l ~ro <( ::t C!J ~ ::t l::JV~l 3~O'V Ov'09SL ..:10 ~3N~OO lS3MHIHON 3Hl 01 ,SC01!:a M('vLLO .DON Vl " X " ~ U Ii? :i ::: '" 9" ci '" ... " ~~~V) Vl Z "- ~~ x >- 0 owa:::...... 0...,,00: >- "'Vl ' >- 5i~ ~ 0::<00 z >- ,0 f-< ::> >- ' "'x z Oo.W< ~ -".~. z ~ _ 3 f3 Z >-", <( 0 u . a:: Vl>- ~r-(f)~:ct~ ~~j::Q~NU;z5 >- -( ~ . 8 ~~Qg \.I..o:::_<~~go.n~<( :'i ,. O~;~g;~~t5~r:: "- ....J ,.>- '" !23t:~ ~ e:>.. ~~ ~ -'00 .~ ~,~,~ ~ ~ ~ ~ ~ ~ ",0 "-> ~~,~(J8~~~cn7 ~ U ::>u 0;; " iil VlZ ::> Vl ~~L<.~~2~:~: > >-=> '" 0 >-0 '" i:j ot-j::~l::'::E8...J e:>.. n '" 2 ",Vl",!;!!;! 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(0 0 0 u a.. 0 0 2 2 >- '-' '" '" '" <> Vl ~~ 0 ~V)..... ~ ~<- <5 v:~~ ~ ~ Z .., '", >= ~~O> ~o_ W Vl,,-- > ,,'" a::o~ a::: <" :/ :::J " ({) <~ ~2 <3 >- ~ ....J ....J W~ W ..,~ ::.:: "'m'" ~~~ .xl tnr--~ z~' -<N :::;: <x'" "'w~ W ~~- Z ~~~ <( 0 :::w ~ '" 0 0 ~ 0 0 N ~ N 0 , 0 '" 0 ~ " :. 0 "- 0 .., .., z < >- '" u < ~ ~ <> ,. .< .< '" '" ,. ,. a> ,. a> <> a> <> > .., 2 '" 0 '" " '" " .., "- '" '" "- <> " < APPLICATION FOR TAX ABATEMENT AGREEMENT WITH FORMOSA PLASTICS CORPORATION, TEXAS: A Motion was made by Commissioner Fritsch and seconded Commissioner Balajka to approve the Application for Tax Abatement Agreement with Formosa Plastics Corporation, Texas. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ,\A " TAX ABATEMENT AGREEMENT between CALHOUN COUNTY, TEXAS and FORMOSA PLASTICS CORPORATION, TEXAS ($90,000,000.00) MARCH 23, 2006 RESOLUTION APPROVING TAX ABATEMENT AGREEMENT WHEREAS, on March 23, 2006, Formosa Plastics Corporation, Texas (hereafter "Formosa") obtained designation of Formosa Plastics Corporation, Texas Reinvestment Zone 06-06, consisting of certain properties situated in an unincorporated area of Calhoun County, Texas; and WHEREAS, by Application dated March 20, 2006 Formosa has applied for a Tax Abatement Agreement for its expansion project valued at $90,000,000.00 that will be located at its current facility in the Formosa Plastics Corporation, Texas Reinvestment Zone 06- 06; and WHEREAS, prior to adopti,ng this Resolution, the Commissioners Court of Calhoun County, Texas held a public hearing on March 23, 2006, at which interested persons were permitted to speak and present written material for or against the approval of the Tax Abatement Agreement sought by Formosa; and WHEREAS, the Commissioners Court of Calhoun County, Texas, after notice as required by law, has in open meeting discussed the issue of whether to enter into a Tax Abatement Agreement with Formosa, and being of the opinion that the Application for Tax Abatement Agreement by Formosa for its expansion should be approved, the Commissioners Court, upon motion and second, adopts the following resolutions: BE IT RESOLVED: II .. ~ 1. That the Commissioners Court of Calhoun County, Texas hereby finds that the terms of the proposed Tax Abatement Agreement for Formosa Plastics Corporation, Texas' expansion and the property subject to the Agreement satisfy eligibility criteria and other requirements of the Guidelines and Criteria for Tax Abatement heretofore adopted by the Commissioners Court on April 14, 2005. 2. The Commissioners Court of Calhoun County, Texas finds that there will be no substantial adverse effect on the provision of the County's services or tax base. 3. The Commissioners Court of Calhoun County, Texas finds that due to the substantial amount ofthe expenditures and jobs to be created by this project, Formosa should be granted a variance from the guidelines as to the percentage and number of years of abatement. 4. The Commissioners Court of Calhoun County, Texas approves Formosa's Application for Tax Abatement Agreement dated March 20, 2006, subject to the following terms, covenants and conditions contained in the attached Tax Abatement Agreement. 5. Based upon the foregoing findings, the Commissioners Court of Calhoun County, Texas hereby approves and authorizes the execution of the Tax Abatement Agreement between the Commissioners Court of Calhoun County, Texas and Formosa a copy of which is attached to this Resolution, incorporated by reference, and made a part hereof for any and all purposes. . PASSED, ADOPTED AND APPROVED, by a vote of on this the 23rd day of March, 2006. for and against iii ~ ATTEST: Anita Fricke, County Clerk t I \.. 1: . f\ ' . lL\ tn eCl} n ~\;\LLUrJ By: Wend!t Marvin , Deputy COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS iv ., TAX ABATEMENT AGREEMENT THE STATE OF TEXAS 9 9 COUNTY OF CALHOUN 9 KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT (hereinafter Agreement) is between Calhoun County, Texas, (hereinafter County), a political subdivision of the State of Texas, acting by and through its duly elected Commissioners Court (hereinafter Commissioners), and Formosa Plastics Corporation, Texas, a Delaware Corporation, with a certificate of authority to do business in Texas, with a place of business in Calhoun County, Texas (hereinafter "Formosa"). 1. Application/Specific Improvements Required. Formosa has filed with the County an Application for Tax Abatement. The Application was dated March 20, 2006. A copy of the Application is attached hereto, marked Exhibit "1," and made a part hereof for any and all purposes. 1.1 Specific Improvements Required. The County hereby approves the Application for Tax Abatement Agreement expressly upon the condition that Formosa will make the specific improvements described in its Application. All of the proposed eligible improvements are to be located in the Formosa Plastics Corporation, Texas Reinvestment Zone No. 06-06. 1.2 Agreement Governed by Guidelines. Unless otherwise stated, this Agreement for Tax Abatement is made and entered into pursuant to and is governed by the Guidelines and Criteria of the Commissioners Court of Calhoun County, Texas for Granting Tax Abatement in Reinvestment Zones created in Calhoun County, Texas adopted April 14, 2005 1 ~ (hereinafter "Guidelines") except as varied by the specific provisions of this Agreement and by the Commissioners' enabling resolution. The Guidelines are hereby incorporated by reference and made a part hereof for any and all purposes. Subject to any variances contained in this Agreement, the 2005 Guidelines govern this Agreement. This Agreement is further subject to the following terms, covenants and conditions. 1.3 Property Elie:ible for Tax Abatement. The County agrees to exempt from taxation the percentages of value of the real property in each year covered by this Agreement only to the extent its value for that year exceeds its value for the year in which this Agreement is executed. The County also agrees to exempt the value of eligible tangible personal property described in the Application located on real property in the Reinvestment Zone in each year covered by this Agreement other than tangible personal property that was located in the Reinvestment Zone at any time before the execution ofthis Agreement with the County. This provision shall not affect the eligibility for tax abatement of other improvements in the Reinvestment Zone as authorized by any prior Agreements with the County. Tangible personal property that is not eligible for abatement is described in Section 2(t) of the Guidelines and Criteria. 2. Kind. Number and Location of Improvements. The kind, number and location of all proposed improvements of the property subject to this Agreement are as contained in the Application. (See Exhibit" 1") 3. Inspection of Premises. Formosa hereby expressly agrees to provide access to and authorize inspection of its property by County officials, employees, and/or their 2 designees to insure that the improvements described in the Application are made according to the specifications and conditions stated in the Application and this Agreement, and that Formosa is complying with the Agreement. 4. Limitation of Use. Formosa shall not make any use of the property that is inconsistent with the general purpose of encouraging development or redevelopment ofthe Reinvestment Zone during the period that the property tax exemptions are in effect. 5. Right of Recapture. The County shall be entitled to recapture all property tax revenue lost as a result of this Agreement, if Formosa fails to make the improvements as provided by this Agreement, and the Application attached hereto, or in the event of other specified defaults, after notice and failure to cure, all as more particularly provided in paragraph 14 of this Agreement. 6. Cost ofProiect/Number of Jobs. The estimated cost ofthe project as described in the Application is $90,000,000.00. It is estimated that 100 permanent jobs will be created as a result of the new or expanded facilities. Substantial compliance with these estimates will be acceptable. Substantial compliance means within 90% of any authorized estimate. 7. Percent of Exemption. Pursuant to the resolution approving this agreement, Formosa is granted a variance from the County's guidelines as to the percent and number of years of the abatement. As such, the percent of exemption to be abated for each year of the abatement period is as follows: 3 7.1. Base year Value. On January 1, 2006, the base year value of land and improvement will be determined by the Calhoun County Appraisal District at a future date. 7.2. Limitation on Amount of Abatement. If the value of an existing facility will be deleted or diminished as a result of the project, the eligible value of the project to be abated will be limited to the difference between the cost of the project and the appraised value of the existing facility that is to be deleted or reduced as a result of the project. 8. Duration. The duration of the abatement term shall be seven years commencing within the tax year 2007, through the tax year 2013, inclusive; 4 8.1. Abatement Subject to Rights of Holders of Outstanding Bonds. Pursuant to TEX.TAX CODE 9312.204(a), the abatement and exemption of taxes provided in this Agreement is subject to the rights of holders of outstanding bonds of the County. 9. Reduction for Closure, Curtailment etc. of Existing Facilities. If, after the effective date ofthis Tax Abatement Agreement and during the term ofthe abatement period, Formosa should close, cease production, or demolish any or all of a facility in Calhoun County that was in existence on the effective date of this Tax Abatement Agreement, or take any other similar action that would have the effect of reducing or deleting the value of the facility, or portion thereof from the tax rolls that was in existence on the effective date of this Tax Abatement Agreement, regardless ofthe reason, then for the remaining term of the Tax Abatement Agreement, the eligible value for abatement allowed in this Tax Abatement Agreement shall be reduced by the amount of existing property value owned by the Taxpayer that is reduced or deleted from the tax roll. Depreciation, agreed to by the Chief Appraiser, or Appraisal Review Board, shall not be construed as a reduction or deletion of value for purposes of this limitation. 10. Commencement and Termination Dates. The effective date of this Tax Abatement Agreement shall be the date that the County executes this Tax Abatement Agreement with Formosa. The abatement granted in this Agreement shall apply to all eligible improvements described in the Application (Exhibit "1") and placed in the Reinvestment Zone after the effective date. Taxes will be abated on eligible property for seven consecutive tax years commencing January 1,2007. Property otherwise eligible for 5 tax abatement under this Agreement shall be eligible for abatement only if the property is placed or constructed in the Reinvestment Zone after the effective date of this Agreement, but on or before December 31, 2013. 11. Description of Proiect/Economic Life. The facilities designated in the Application are part of Formosa's chemical manufacturing process at its Calhoun County Plant and specifically are identified as its expansion with an economic life of at least 20 years after completion. The nature of the construction is more completely described in the Application. Any part of the improvements described in the Application constructed prior to the effective date ofthis Agreement shall not be eligible for abatement, but may be counted in determining the value ofthe project. Completion of construction is estimated to occur in 2007. A complete property description is contained in the Application. 12. Default. Notice. Cure. Termination. etc. Should the County determine that Formosa is in default in the performance of any of the tem1S or conditions of this Agreement, the County shall notify Fom10sa in writing at the address stated in this Agreement, and if such default is not cured within 60 days from the date of written notice, or within an approved extended curative time as authorized by paragraph 7(a) of the County's Guidelines, this Agreement may be terminated by the Commissioners for cause. 12.1. Events of Default. The following shall be considered events of default, should Formosa: 12.1.1. Allow any of its ad valorem taxes owed to the County to become delinquent without timely and proper protest and/or contest; or 6 7 Agreement, or would have taken some action different than they actually did.) 12.2. Termination Retroactive. Termination ofthe Tax Abatement Agreement for cause shall be retroactive to the effective date of this Agreement. Termination shall be effected by resolution ofthe Commissioners and written notice oftermination shall be mailed to Formosa. 12.3. Nonwaiver. In the event the County fails to act on or enforce any element or breach that is identified as a default, such failure to act shall not be a waiver of the County's right to subsequently enforce the same default or any other prior or subsequent default. 12.4. Recapture of Taxes. On termination for cause, Formosa shall then become liable for the payment of all taxes that would have otherwise become due but for this Abatement Agreement for all calendar years during which the Abatement Agreement was in effect. Such taxes shall be paid to the Calhoun County Appraisal District to the credit ofthe County within 60 days from the date of receipt of notice of termination. All such taxes shall include statutory penalty and interest from the date they would otherwise have become delinquent, as if they had not been abated, until the date they are actually paid. 12.5. Administration and Enforcement. The administration and enforcement of this Agreement shall be in accordance with the terms contained herein and the Guidelines as adopted by the Commissioners on April 14, 2005. In the event of any conflict in the terms of this Agreement and the Guidelines adopted by the Commissioners, the provisions of this 8 ---. . ~ Agreement shall prevail, unless prohibited by law, then the Guidelines adopted by the Commissioners and their provisions shall prevail. 12.6. Assignment. This Agreement may not be assigned, either in whole or part, without the express written consent of County. Any assignment is subject to the conditions contained in the Guidelines and this Agreement. Any attempt to assign this Agreement, except as provided herein, shall be null and void. 13. Type of Legal Entitv. Formosa represents to the County that it is a corporation, duly organized, validly existing, incorporated under the laws of the State of Delaware, and in good standing. Formosa further represents it is duly qualified and in good standing under the laws of the State of Texas and has all requisite power and authority to own and operate properties and to carry on its business as now being or intended to be conducted. The name and address of the registered agent for service in Texas is: C. T. Corporation System 811 Dallas Avenue, Suite 1500 Houston, Texas 77002 Formosa shall notify the County within 60 days of any change in the registered agent or status of the corporation. 14. Notices. Any notices required to be given hereunder, shall be given in writing as follows: (a) County: County Judge Calhoun County Courthouse 1300 N. Virginia Port Lavaca, Texas 77979 9 'l. (b) Formosa Plastics Corporation, Texas: Jack Wu, Agent and Attorney in Fact Formosa Plastics Corporation, Texas P. O. 700 Point Comfort, Texas 77978 15. Reimbursement for Fees and Expenses. Within 30 days from receipt ofwritten notice, Formosa will reimburse the County for any expenses, directly or indirectly incun'ed by the County for processing and approving the Application for Tax Abatement, preparation and presentation of this Tax Abatement Agreement, and any other expenses reasonably incurred by the County in any way related thereto, including all expenses that may be incurred in enforcing or defending any term, covenant or condition contained in this Agreement. In the event the County orders a feasibility study ofthe impact ofthe Specialty PVC plant on the County during the term of this Agreement, Fornlosa shall reimburse the County in accordance with the reimbursement procedure for the other expenses listed above. 16. Indemnity. Fornlosa hereby agrees to hold harmless and indemnify the County, each of its elected officials, all of its servants, agents and employees, and any designee (a person or legal entity designated to perform any function required under the County's Guidelines, or under the Tax Abatement Application, or by the terms of this Tax Abatement Agreement) and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees for the amounts of any and all liabilities, claims, costs, judgments, penalties, interest, court costs and attorney fees incurred by the County, each of its elected officials, all of its servants, agents and employees, or any designee, and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees in defense of any 10 claims occurring out of or in any way incident to processing the Application, or any other claim arising out of or incident to the terms, covenants and conditions contained in this Tax Abatement Agreement, or arising out of or in connection with the Reinvestment Zone, or the project subject to abatement. 17. Incontestabilitv. At the option of the County, this Agreement may be terminated, and all taxes that would have otherwise been due but for this Abatement Agreement will become due and payable within 60 days from date of written notice of the amounts due and owing, including penalty and interest as provided in paragraph 12.4 ofthis Agreement if any of the following events occur: (a) If FOlmosa should contest any term, covenant or condition contained in this Agreement, or attempt to prevent or negate the enforceability of any of such terms, covenants or conditions; or (b) If any third party, firm, corporation or other legal entity should contest any term, covenant or condition contained in this Agreement, and prevent or negate the enforceability of any of such terms, covenants or conditions by final judgment in a court of competent jurisdiction; or (c) If any govemmental agency should contest any term, covenant or condition contained in this Agreement, and either by enforceable regulatory order, or by final judgment of a court of competent jurisdiction prevent or negate the enforceability of any of such terms, covenants or conditions. 11 ;;. ~ .;. federal environmental and construction permits, and that Formosa will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the construction and operation of the project throughout its economic life. 18.5. All Conditions to be Performed. That Formosa will abide by all conditions of this Tax Abatement Agreement and the Guidelines adopted by the Commissioners applicable to this Agreement. 18.6. Public Health and Safety. That the planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. 18.7. Required to Make Specific Improvements. That Formosa will make the specific improvements to the property as described in its Application. (See Exhibit "1") 18.8. Estimates/Strict Compliance. Estimates of the cost and value of the project and the number of jobs retained or created as a result of the project that are within 90% of actual cost, value and number of jobs may be construed to be substantial compliance. Unless estimates are expressly authorized, strict compliance is required. 19. Information to Determine Compliance. Formosa covenants and agrees to provide within a reasonable time, not to exceed 30 days after written request; such information as may be required by the County or its designee, in order to determine compliance on Formosa's part of the terms of this Tax Abatement Agreement. 20. Value ofProiect After Abatement. Fonnosa contracts and agrees the estimated value ofthe eligible property that is being abated will be at least $90,000,000.00 at the end of the term of abatement on January 1,2014. 13 21. Contract Terms and Conditions Survive Abatement Period. Unless sooner temlinated under other provisions hereunder, all other rights, duties and obligations contained in this Agreement shall continue in full force and effect until all taxes levied in each of the seven years in which an exemption applied under this Agreement are fully paid by Formosa, and all other covenants and conditions have been fulfilled. Provided, however, that no extension of the abatement period shall occur as a result of this Agreement beyond the 2013 tax year, it being the intent of the parties that six years is the limit of abatement granted. 22. Miscellaneous. The following additional provisions are included and are made express conditions of this Tax Abatement Agreement in order to carry out the intent and purposes of the County's Guidelines, or to address any special problems or needs arising out of the uniqueness of the project, the Application, or Formosa: 22.1. Agreement Survives Reinvestment Zone. It is specifically understood and agreed that the designation of the Reinvestment Zone in which the eligible property described in this Tax Abatement Agreement is located is valid for a period of five years from March 23,2006, unless subsequently extended. The fact that the designation of the Reinvestment Zone may expire before this Agreement terminates shall not effect the terms and conditions of this Agreement. 22.2. Payment of Taxes. During the term of this Agreement, Formosa's taxes shall be payable as follows: 22.2.1. The value of any ineligible property as described in Section 2(g) of the County's Guidelines adopted on April 14, 2006 shall be fully taxable. 14 22.2.2. The base year value of existing property not otherwise eligible for tax abatement as determined each year shall be fully taxable; and 22.2.3. The additional value of new eligible property in the Reinvestment Zone shall be taxable subject to the exemptions provided in paragraph 7 above. 22.3. Conflicts of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts oflaws rule. 22.4. Severability. At the option of the County, the invalidity of anyone or more covenants, phrases, clauses, sentences, paragraphs or sections of this Agreement shall not affect the remaining portions of this Agreement or any part hereof, and in case of any such invalidity, this Agreement may be construed as if such invalid covenants, phrases, clauses, sentences, paragraphs or sections were not included. 22.5. Subtitles. The use of subtitles in this Agreement is strictly for convenience, and shall have no legal significance whatsoever. The use of the singular shall include the plural when appropriate. The use of any reference to gender shall include any and all other genders when appropriate. 22.6. Place of Performance. This Agreement, in its entirety, shall be performable in Calhoun County, Texas. As part of the consideration for entering into this Agreement, both County and FomlOsa agree that any litigation to construe or enforce the terms and conditions of this Agreement shall be brought in the State Courts of Calhoun County, Texas. 22.7. Acceptance by Formosa. By acceptance of this Agreement and/or any benefits conferred hereunder, Formosa represents that its undersigned agent has complete and 15 unrestricted authority to enter into this Tax Abatement Agreement and to obligate and bind Formosa to all ofthe terms, covenants and conditions contained in this Agreement. Formosa agrees to be bound by all assurances and commitments contained in the Application dated March 20,2006, the Guidelines and Criteria as applicable, and the specific terms, covenants and conditions contained in this Tax Abatement Agreement. 22.8. Approval by Commissioners. This Agreement, in its entirety, including authority to execute it in this form, has been approved by the Commissioners, in a regular meeting of the Commissioners, after due notice as required by law, and pursuant to Resolution duly adopted by the Commissioners by at least a three-fourths vote of the entire Commissioners Court. 22.9. Binding Effect. This Agreement, in its entirety, shall be binding upon all the parties hereto, their respective successors and/or assigns. EXECUTED IN MULTIPLE ORIGINALS on the 23rd day of March, 2006, to be effective immediately. COUNTY: COMMISSIONERS COURT CALHOUN COUNTY, TEXAS 16 ATTEST: Anita Fricke, County Clerk ( L1 t' 1/0' I ., , 1,1 <"", I,)", '" l.UlC/U'"' t !' tttLLCUl J By: Wendy\.Marvin , Deputy FORMOSA PLASTICS CORPORATION, TEXAS By: Jack Wu, Agent and Attorney in Fact 17 i . ~ ~ FORMOSA PLASTICS CORPORATIONy TEXAS ISO-9002 CERTIFIED ISO-14001 CERTIFIED P. O. BOX 700 201 FORMOSA DRIVE POINT COMFORT,TX 77978 PHONE: 361-987-7000 FAX: 361-987-2729 March 20, 2006 Honorable Michael Pfeifer and Honorable Commissioners Calhoun County Commissioners' Court 1300 N. Virginia Street Port Lavaca, Texas 77979 Re: Request for Renewal Designation of Reinvestment Zone and Application for Tax Abatement for 1,372.78 acre tract located in Calhoun County, Texas Dear Judge Pfeifer: Please accept this letter as a request for the Commissioners' Court to grant the renewal designation of a reinvestment zone and application for tax abatement for the expansion project. Formosa Plastics is adding to the capacity of its production and these improvements will allow Formosa Plastics to remain competitive in its industry, as well as provide new jobs and further improve the economic development of Calhoun County. The new Specialty PVC plant will use VCM as feedstock and the product will be sold to various customers for use such as medical gloves, carpet backing, traffic cones, coating material, window blinds, etc. A map is attached showing the location of some existing and proposed improvements and general uses and conditions of the real property in the investment zone. The total estimate of the project comes to an estimated $90,000,000.00 and creates 100 permanent regular jobs and approximately 500- 600 construction jobs during the construction period. _ ,EXHIBIT 13 D ,!) 3 "1" : March 20, 2006 Page 2 As applicant we request the term of the abatement at start January 1, 2007 with the following Year % Abatement 1 100 2 100 3 90 4 90 5 85 6 85 . 7 75 Formosa Plastics Corporation, Texas respectfully requests your favorable consideration of this application and to grant them tax abatement as requested herein on the eligible improvements as described in this application. Respectfully, submitted, FORMOSA PLASTICS CORPORATION, TEXAS ~ ",---' ~ \l~c{1-' L.;J--^-- Jcf6k Wu Vice President of Business Development '! SPVC Plant 51.50 Acres Legal Description State of Texas COlillty of Calhonn BEING a 51.50 acre tract of land situated in the Phillip Dimmitt Survey, Abstract No. 11, Calhoun County, Texas, and being a portion of that certain tract of land described as 1560.40 acres in deed dated February 12, 1988 from Aluminum Company of America to Formosa Plastics Corporation, Texas by Special Warranty Deed recorded in Volume 15, Page 404 of the Official Records of Calhoun County, Texas, and this 51.50 acre tract being more particularly described by metes and bounds as follows: BEGINNING, at a set 5/8 inch iron rod at the northwest corner of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates ofN 11,605.64'and E 1692.00', said iron rod being located South 00001' 14" East a distance of 1510.75 feet and East 694.68 feet from a point at the northwest corner ofthe above mentioned 1560.40 acre tract; THENCE East with the north line ofthe herein described tract for a distance of2730.00 feet to a set 5/8 inch iron rod for the northeast corner of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 11,605.64' and East 4422.00'; THENCE South with a east line of the herein described tract for a distance of 596.98 feet to a set 5/8 inch iron rod for an east southeast corner of the herein described tract, said iron rod having Fotmosa Plastics Corporation plant coordinates of North 11,008.66' and East 4422.00'; THENCE West with a line of the herein described tract for. a distance of942.00 feet to a set 5/8 inch iron rod for an interior comer of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 11,008.66' and East3480.00'; THENCE South with an easterly line ofthe herein described tract for a distance of 692.66 feet to a set 5/8 inch iron rod for the southeast corner of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 10,316.00' and East 3480.00'; THENCE West with the south line of the herein described tract for a distance of 886.00 feet to a set 5/8. inch iron rod for the southwest corner of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 10,316.00' and East 2594.00'; THENCE North with a west line of the herein described tract for a distance of 692.66 feet to a set 5/8 inch iron rod for an interior corner of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 11,008:66' and East 2594.00'; THENCE West with a line of the herein described tract for a distance of 902.00 feet to a set 5/8 inch iron rod for a west southwest corner of the herein described tract, said iron rod having Formosa Plastics Corporation plant coordinates of North 11,008.66' and East 1692.00'; THENCE North with the west line of the herein described tract for a distance of 596.98 feet to the POINT OF BEGINNliNG, CONTAINING 51.50 acres of land. Bearfugs are based on Formosa Plastics Corporation plant coordinate system. Reference is made to that plat accompanying this legal description. The above legal description is based on an actual survey made on the ground under my ~;;aiA D..J3~hh Ganem & elly Surveying, rnV ,By: George A. Ganem, Jr. Registered Professional Land Surveyor Texas No. 4681 EXHIBIT PC06023 b D D J!I Ill" I i J -..-" rf'~jf;l\!:1'if4Y:f.i.'~><n~~1m.~ APPROVE PRELIMINARY PLAT FOR BAY POINT SUBDIVISION: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Preliminary Plat for Bay Point Subdivision. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. Preliminary Plat can be found in the Preliminary Plat File in the County Clerk's Office APPROVE PRELIMINARY PLAT FOR PALM LAKE SUBDIVISION: INCLUSIVE OF BLOCK 521. LOTS 1-9: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Preliminary Plat for Palm Lake Subdivision; inclusive of Block 521, Lots 1-9. Commissioners Galvan, BaJajka, Fritsch, Finster and Judge Pfeifer all voted in favor. Preliminary Plat ca., be found in the Preliminary Plat File in the County Clerk's Office PURSUANT TO 1i551.041 OF TEXAS GOVERNMENT CODE. THE COMMISSIONERS' COURT OF CALHOUN COUNTY. TEXAS. SHALL. ON THE 23RD DAY OF MARCH. AT 10:00 A.M.. CONVENE IN OPEN. REGULAR SESSION. AND TAKE UP FOR CONSIDERATION AND TAKE ACTION. IN CONFORMITY WITH CHAPTER 258. TEXAS TRANSPORTATION CODE. THE APPOINTMENT OF A PANEL OF INDIVIDUALS TO SERVE ON A JURY OF VIEW. THE JURY OF VIEW. CONSISTING OF FIVE PROPERTY OWNERS WHO HAVE NO INTEREST IN THE OUTCOME OF THE PROTEST. SHALL CONVENE ON 4/19/2006. TO HEAR EVIDENCE AND TO DETERMINE BY A MAJORITY VOTE AFTER A PUBLIC HEARING AND AN EXAMINATION OF THE COUNTY'S ROAD MAINTENANCE RECORDS AND OTHER INFORMATION. THE VALIDITY OF THE COUNTY'S CLAIM OF THE EXISTENCE OFA PUBLIC INTEREST IN ONE OR MORE ROADS DEPICTED IN THE PROPOSED COUNTY ROAD MAP: A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to approve the Order appointing a panel of individuals to serve on a Jury of View. The Jury of View, consisting of five property owners who have no interest in the outcome of the protest, shall convene on April 19, 2006, to hear evidence and to determine by a majority vote after a Public Hearing and an examination of the County's Road Maintenance Records and other information, the validity of the County's claim of the existence of a public interest in one or more roads depicted in the proposed County Road Map. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. " IN THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS r ORDER APPOINTING MEMBERS OF JURY OF VIEW PANEL PURSUANT TO CHAPTER 258, TEXAS TRANSPORTATION CODE The Commissioners Court of Calhoun County, Texas, acting in COnf0l111ity with the provisions of Chapter 258 of the Texas TranspOliation Code, conducted a public hearing on 2/23/2006, after due notice, to receive objections to a proposed County Road Map. Having received objections to the proposed County Road Map, the Commissioners Comi is required by statute to appoint residents of Calhoun County to serve on a Jury of View as provided by 9258.002(b), Texas Transportation Code. In confonnity with this statutory duty, each member of the Commissioners Court has nominated two individuals from their respective jurisdictions to serve as prospective Jury of View members, as follows: Precinct 1 : Name: Phillip E. Gonzales Address: 302 Holiday Lane 112 Port Lavaca Phone: 361-552-8808 77979 Name: Arthur Pina '"Address: 2001 Vail Port Lavaca 77979 Phone: 361-318-8085 Precinct 2: Name: Rolando Reyes. Jr. Address: 262 Clegg RoadPort Lavaca 77979 Phone: 361-552-5474/552-7993 Name: George Elder Address: 1749 School RO::Jn Port La,raca'.77979 Phone: 161-SS?-SSS9 Precinct 3: Name: Bernardo Garcia Name: Dean Johnstone Address: 114 Holiday Lane Port Lavaca 77979Address: 129 E. Main Port Lavaca'77979 Phone: 361-552-3342 Phone: 361-552-1930 Precinct 4: Name: Nathan Wooldridge Address: 897 Cemet-ery Rd. Seadrift 77983 Phone: 361-785-4061 Name: Jerry Weaver Address: P.O. Box 682 Seadrift 77983 Phone: 361-785-3354 County Judge: Name: Franklin Jurek Name: Rayburn Hayni EO> Address: 556 Jurek Road Port Lavaca 77979 Address: 301 W. BaltiIIlQLe........S.eadd ft 77983 Phone: 361-552-9678 Phone: 361-785-5781 The Jury of View Panel will repOli for service at lO:OO a.m. on 4/19/2006 at the ConU11issioners Comiroom, Calhoun County Courthouse. An Oath will be administered to the Jury of View panel, and a list ofthe protests received at the Public Hearing will be announced, identifying both the protesting party, and the road in dispute. Any member of the Jury of View Panel who has an interest in the road, or who does not believe that they can render fair and impartial service on the issues coming before the Jury of View will be disqualified. From the remaining panel, five members of the Jury of View will be selected at random by drawing slips bearing the words "Jury of View Member). This process will be used to insure that no member of the Jury of View has an interest in the outcome of any protest coming before the Jury of View. Members of the panel will be compensated in the manner provided by law for jury duty in other cases. Date: March 23, 2006 'jYv.JJ ~ i1f;- Calhoun Count Judge Attest: UJw ~fl{)JwMu ommissioners Court " AUTHORIZE PRECINCT #2 TO OBTAIN A CREDIT CARD FROM WAL-MART: A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to authorize Precinct #2 to obtain a Credit Card from Wal-Mart. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. LEASE WITH CALHOUN COUNTY FSA OFFICE: Pass on this Agenda Item. DEED FROM DOMINION OKLAHOMA TEXAS EXPLORATION &. PRODUCTION. INC. FOR LOTS 1 THROUGH 12 OF BLOCKS 6.7.8.15.16.17.18.19.20.27.28.29 AND 30 TOWNSITE OF PORT O'CONNOR. SANTIAGO GONZALES. SURVEY. A-19. LOCALLY. PROPERTY KNOWN AS BOGGY BAYOU: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to accept the Deed from Dominion Oklahoma Texas Exploration & Production, Inc. for Lots 1 through 12 of Blocks 6,7,15,16,17,18,19,20, 27,28,29 and 30 Townsite of Port O'Connor, Santiago Gonzales, Survey, A-19. Locally, property known as Boggy Bayou. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. \ . ) . .~ rIle if File # 00097428 t-'fl ~ VUl Vol 432 <' ~~ QUITCLAIM DEED STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN WHEREAS, DOMINION OKLAHOMA TEXAS EXPLORATION & PRODUCTION, INC., ("DOTEPI"), a Delaware corporation with offices located at 1415 Louisiana, Suite 2700, Houston, Texas 77002, is the successor in interest by merger to Louis Dreyfus Natural Gas Corp., which was the successor in interest by merger to American Exploration Company, which was the successor in interest to Conquest Exploration Company ("Conquest"); and WHEREAS, Conquest acquired title to the surface estate of a certain tract ofland situated in Calhoun County, Texas, bordering Boggy Bayou and Matagorda Bay, as more particularly described as follows, to-wit: Lots 1 through 12 of Blocks 6, 7;8,15,16,17, 18, 19,20,27,28,29, and 30,' Townsite of Port O'Connor, Santiago Gonzales Survey, A-19, as shown in the October, 1909 Map of the Townsite of Port O'Connor, Calhoun County, Texas, and as shown on the survey attached hereto as Exhibit "A", and made a part hereof (the" Property"); and WHEREAS, Conquest thereafter conveyed the Property to Matagorda Pipeline Partnership, a Texas general partnership formed in 1985 for the stated purpose of owning and operating a 21 mile, 8 inch offshore pipeline for transporting natural gas and crude oil to shore from offshore platforms (the "Partnership"), and whose managing partner was Matagorda Bay Pipeline Company, a Texas corporation, which was merged into Conquest in 1997, and WHEREAS, the Partnership sold and assigned its interest in the pipeline in 1989 to Unlimited Resources, a subsidiary of Buttes Resources Company, and by various conveyances or mergers said pipeline is presently owned and operated by Cavalla Pipeline, LLC ("Cavalla"); and WHEREAS, said pipeline comprised all or substantially all of the working assets of the Partnership, the Property generates no income, and the Partnership conducts no other business; and WHEREAS, CALHOUN COUNTY, TEXAS (the ".~ounty"), now desires to acquire the Property for a park and wetlands wildlife habitat; and for public access to Boggy Bayou and Matagorda Bay; and WHEREAS, DOTEPI, as successor in interest to Conquest, and to the extent it has the right to do so, as successor managing partner of the Partnership (collectively "Grantor"), is willing to convey the Property to the County for such uses, and believes such conveyance to be in the best interest of the Partnership; NOW, THEREFORE, in consideration of the premises, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor has quitclaimed, and by these presents does hereby quitclaim to the County, its successors and assigns, all of Grantor's right, title, and interest in and to the Property. TO HA VB AND TO HOLD all of Grantor's right, title, and interest in and to the Property, together with all and singular the rights and appurtenances belonging in any way to Grantor's right, title, \ , , File i 00097428 Vol 432 ~3 and interest in and to the Property, to the County, its successors and assigns forever, and neither Grantor nor the Partnership, nor Grantor's or the Partnership's partners, successors, or assigns shall have, claim, or demand any right, title, or interest in all or any part of the Property, subject to the following terms and conditions: 1. The effective date of this transaction is January 1,2006 (the "Effective Date"). 2. Grantor expressly disclaims any and all warranties, express, implied, or statutory, including, but not limited to, warranties of title, habitability, merchantability, condition, or fitness for a particular purpose, and the County accepts the Property in its present condition on an AS-IS, WHERE-IS basis, with all faults and defects, latent or patent. The County acknowledges, accepts, and agrees to be fully liable for, and the County further agrees and covenants with Grantor to release and indemnify Grantor, its parent, subsidiary, and affiliated companies, and their officers, directors, employees, agents, and representatives, and the Partnership, its partners, employees, agents, and representatives (collectively "Grantor Group") and upon request to protect, defend, and hold Grantor Group harmless from and against any and all liability, damages, claims, suits, losses, or expenses of any kind or nature, including, but not limited to, attorney fees, court costs, costs of defense, costs of cleanup or remediation, awards, judgments, liens, fines, penalties, or interest ("Claims"), that may in any manner result from or arise out of the condition of the Property, including Claims for damage to the environment, before and after the Effective Date. The release and indemnity obligations assumed by the County herein are given regardless of the cause or reason, or who may be at fault, or otherwise responsible under any contract, statute, rule, or theory oflaw, including, but not limited to, the sole, joint, or concurrent negligence of Grantor or the Partnership, whether active or passive, strict liability, premises liability, latent, patent, or pre-existing defects or conditions, and even though the County may be protected from direct suit by sovereign immunity or state workers' compensation laws or any other workers' compensation laws. 3. The express obligations of the County to release and indemnify Grantor Group hereunder shall be a covenant running with the land and shall be binding upon the County, its successors and assigns. 4. This Quitclaim Deed is subject to all prior conveyances, reservations, limitations, easements, rights of way, and restrictions, including, but not limited to, that certain Pipeline Right of Way Agreement and that certain Quitclaim Deed to Cavalla Pipeline, LLC, recorded at Vol. 403, Page 86, and Vol. 403, page 80, respectively, of the Calhoun County real property records. 5. Real property taxes assessed against the Property shall be prorated between the parties as ofthe Effective Date. 6. The County joins with Grantor in the execution of this Quitclaim Deed to evidence its acceptance of the terms and conditions hereof. Quitclaim Deed from Matagorda Pipeline Partnership & DOTEPI to Calhoun County, Texas Page 2 of5 .. , , . File # 00097428 Vol 432 ~ SIGNED and ACKNOWLEGED by the duly authorized representatives of each of the respective parties effective as of the Effective Date herein. Dominion Texas Oklahoma Exploration & Production, Inc., and Calhoun County, Texas By: ~~.~,_w~~. GaryM. Walker ~~ Attorney in Fact V~ BY:'~~'~ 11 Kenneth W. Finster Commissioner Precinct 4 Calhoun County, Texas Matagorda Pipeline Partnership by Dominion Texas Oklahoma Exploration & Production, Inc., its Managing Partner By: ~~~ (\~,_ J GaryM. Walker V-#, Attorney in Fact ACKNOWLEDGEMENTS STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ The foregoing instrument was acknowledged before me on the 1Ou-M day of March 2006, by Gary M. Walker, Attorney in Fact for Dominion Oklahoma Texas Exploration & Production, Inc, a Delaware corporation, on behalf of said corporation. [SEAL] Quitclaim Deed from Matagorda Pipeline Partnership & DOTEPI to Calhoun County, Texas Page 3 of5 " t File # 00097428 Vol 432 ~5 STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ The foregoing instrument was acknowledged before me on the 'O~ay of March 2006, by Gary M. Walker, Attorney in Fact for Dominion Oklahoma Texas Exploration & Production, Inc, a Delaware corporation and successor Managing Partner of Matagorda Pipeline Partnership, a Texas general partnership, on behalf of said partnership. STATE OF TEXAS ~ ~ COUNTY OF CALHOUN ~ The foregoing instrument was acknowledged before me on the ~ day of March 2006, by Kenneth W. Finster, Commissioner Precinct 4, Calhoun County, Texas on behalf of said county. HoIIIy NIle. .... ofT_ Mr Commllllon _... "1" .. Notary Public in and fo the State of Texas [SEAL] Quitclaim Deed from Matagorda Pipeline Partnership & DOTEPI to Callioun County, Texas Page 4 of5 .. , \ ~ "tI ~ ., .. :t - ~ "- .. '""'I t .. It ::t J i " 0 c . ~. ::to. .. ., " 0" I) ~ .)( ,-.; ~ "l) "' o n ~ . 0 " i C: ~ 'i I " C) ;t) l ' .. ': 11 I I:'~r~ m: .';. : m~ .. : . c" 1;'" . . ~~ ~~ 9l:41 m mj~ i:.:m::~:m:":: ~ t" ......... 4 . . e.. -::.. a.. t ".. ... ...... . I: · ': m: ..T.: ~: ..~: ~: "i: .~~ :;~;i,i ~~~~ ,,, ..... .." .. 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We do hereby SlIear that we do not discrilinate due to Race, Creed, ColOF, Sex OF National Origin. Filed for Recot"C/ in: Calhoun County Honorable Rnita Fricke County Clerk On:Mat' 24 2006 at 09:3JR Receipt NUllber - 54199 By, Sharon Wright ~~~~ epu y ~ - PUBLIC HEARING ON THE MATTER OF PETITION REOUEST TO CHANGE NAME OF WILBORN ROAD IN PRECINCT 4, CALHOUN COUNTY, TO GARZA ROAD: Judge pfeifer opened the Public Hearing regarding proposed petition request to change name of Wilborn Road in Precinct 4, Calhoun County, to Garza Road at 10:26 a.m. There were no public comments. Judge pfeifer closed the public hearing at 10:28 a.m. CHANGE NAME OF WILBORN ROAD IN PRECINCT 4, CALHOUN COUNTY, TO GARZA ROAD: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the name change of Wlborn Road in Precinct 4, Calhoun County, to Garza Road. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. 1.,-"", -. 1 - . '. ~. ~ j'" ..'1-....'-0.- ~ l ",)", - i-' ~, '\ ~. '-, 'KehnethW.'~Finster ::'" )j ,....,. ',':" \, .... -/ ,~ ' /' ~o~niy Coinrllissioil"~r ~ , County: of Calhoun ' ,::,Prednci 4 . _/ . ~" " ,. . ~ , - .' -' . . ~',J , ,- ,;" I I 'il March 17,.2006 ( ' . ;,-~~ , , " " ..,' ,I~_ " " ,', HonOrable Michael Pfiefer ,Calh()unCo~ty Judge' _' - . . 211"S. Ann ". _ PortLava~a.? TX .77979 '''.,',' " .~. .",'-, ..,: " , i i.," ,RE:AGENDA ITEM .: .. ~ .':.. :' . Dear Judge r>>fiefer:,' '-> ',- :, ,'" . -. _ " ~ "..J' , - . , . 'Ph::aseplace the following item onthe Corinnissiorier':~rC9urt agenda'for'March 23,2006~ ,- . _,. ' . '.' , r .' _ -, . '..' _ ~'. I " ';-' ", . -,' ~~. J;, , , , \ ".' ~ " .' , -.'" .', -. - - .. ,'-. ,} . -Hold Public Hea.rmg (;qncemingpe~itionte-quest to.changen~eofWilb()m Ro~djn Calhoun County, .precinct4, to Garza,Road. ' .,," " - , r ~. , " - . .; Sip~.iely, ," -", , ", .- , ,', .~,;#~... i " I ,'," ) , -. Kenneth W. Finster -to .. . ." ,'.. ~ -. - , '. ., , , ";".i' ~: -,:'\' ' . .: ) ~ . , " .:.,. "". ,'. ~ " I,"~ .....: ".-\ .'1 - , ..:. , ' i- " , ',. . , "i . 1. , )-.' ~ " , ; J , " , i " , P.O..Box.'7 -. Seadrift; T~ 71983;- einail:"coI1lQ1ish<tv.tisd.net, .J36l)78S~314L. Fax(361r78S-S602 . , . , ' . -. ..."~' . . . ; . ., ',- -' ~. , February 3, 2006 911 Emergency Management P.O. Box 1093 Port lavaca, TX 77979 ROAD NAME CHANGE A petition and request has been presented to my office by landowners and residents of Wilborn Road, located in Precinct 4, to have the road name changed to Garza Road. The road name was changed without a petition and still reads Garza Road on different maps. If there is no objection to this request, I will place this as an action item to be discussed by Commissioners Court on February 23, 2006. If you have any questions, please feel free to give me a call at any time. .. . Thank you, . .~w~ Kenneth W. Finster Commissioner, Pet. 4 I This is a petition to request for the name of Wilborn Rd. to be changed back to it original name of Garza Rd. The road name was changed with no petition and still reads Garza Rd. on certain maps. The following people petition for the name to be changed back to Garza Rd. . f-' l' . .' ( ,/ CJ '-' \;; '-:rzd~ 4?rmGr~ Si;A'fAv~ ~. ~(Zi-1~ ~~J~ ~ ~~~ Itd~ ~ ~ ~/~~ n~~~~ ~J< (/dI~ . ---~~~.~ -. - q ~ ~ '77cu/ dc~t9u/~ 1~ -yp(~ D~k~_a ~ ~QA~ Cl,~"-<=-- ~~~~ ~~G-~~ &/ ~/0 c~~. 67"- :;f~.;, ~ ~. ~~ ~Cvl cf (1/0 C; CMlkiLo ~CLGY5uCU. _~ CftsJ, -&~. .rn~ &-l&o J C7 JMJT)~; fJ!ey I~ .d~ /?1~ ~ V )'2~ ~g7~~7~ ..{~~.~?C;;:., ANDREA REYES !~l*" ,\'0\ NOTARY PUBLIC It\ 1':1 State of Texas '\I~" "I \'~t'o~~;./comm. Exp. 07-09-2009 .......... ., /" z t-I/rtP- R~~, ANOREA ~~YES / :L /2Cf/ (}.o- . AGREEMENT WITH CABLEONE TO PROVIDE CABLE SERVICE TO CALHOUN COUNTY ADULT DETENTION CENTER AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Balajka and seconded by Commissioner to approve the agreement with Cableone to provide cable service to Calhoun County Adult Detention Center and authorize Judge Pfeifer to sign. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. .... I "'t. ~'.f CABLEONE" BULK BILL AGREEMENT This Agreement is made and entered into as of this 1 st day of April 2006 by and between Cable One, Inc. hereinafter "Cable One" and Calhoun County Adult Detention Center hereinafter "Owner", WHEREAS, Cable One is the owner and operator of the cable television system serving Port Lavaca, Texas, and has the rights to provide certain cable television services which it desires to provide to Owner; and WHEREAS, Owner is the owner of a Adult Detention Center hereinafter "Calhoun County Jail" located at 302 West Live Oak. Owner desires cable television service to "Calhoun County Jail"; NOW, THEREFORE, it is agreed by the parties hereto as follows: 1. Description of Service. Cable One shall have sole control over the quality and content of the Cable Television Service. "Cable Television Service" as used herein, shall mean the provision of cable connections to units, subject to the terms hereof, to permit an occupant of the unit to view (with television equipment provided by occupant) the Basic level of cable service which Cable One regularly provides to its other subscribers in the: Port Lavaca~ Te-xas area~ Cable- One has the right to change specific programming services offered as well as the technology: employed to deliver the programming services. 2. Term. This Agreement shall continue for a period of Five ( 5 )years from the date first above . written. Such term shall be automatically extended for successive one (1) year periods thereafter unless either party provides written notice to the other, not less than ninety (90) days prior to the end of the initial term or of any subsequent term then in effect. 3. Payment to Cable One. Owner shaH pay to Cable One $ 5.00 per unit per month, regardless of occupancy. Calhoun County Jail currently has 28 units. Such payment shalt be- made to Cable One within ten days of receipt of invoice. Upon notice from Cable One, Owner agrees that the monthly charge may be increased by the same percentage as the monthly charge is increased by Cable One to. other subscribers in the local franchise community. 4. Equipment AU cable wiring, drop cable, home runs, splitters, outlets, connectors, conduit, lockboxes, trunk and distribution equipment, amplifiers, fittings, converters, and any other equipment or facilities I!Jsed to' provide cable service to, units shall.: remail'l the~' property of Cable One and shalt not be deemed fIXtures. Upon expiration of the Agreement. Cable One shall be entitled to either leave any of its facilities on the property for its potential future service to residents, or to remove any such facilities, subject to Cable One's obligations to repair any and all damages to the property caused by; such removal. Cable One ando Owner agree that the provisions of this Agreement are intended, to comply with the rufes and regufations of the Federaf Communications Commission ("FCC~) which require aU service contracts entered into between cable operators and owners of multiple dwelling urnl ("MOU") buifdings to indude provisions setting forth the parties~ agreement regarding the disposition of any home run wiring in such. MDU upon the termination of such contract, and that this Agreement wiff supersede any defaurt disposition procedures adopted by the FCC which might otherwise appfy. Page 1 of 4 "l, ". ." 5. Obligation of Owners as to Programming. Owner must cablecast all cable programming in its entirety when and as delivered by Cable One without any delay, addition, alteration, editing or deletion thereof including without limitation any copyright notice, credit or billing therein. Owner shall not make available all or any part of the Cable Television Service and shall not use, distribute or dispose of the Cable Television Service or any part thereof except as specifically authorized herein. 6. Right to Enter Premise. Cable One shall have the right upon reasonable notice to enter the units to install, maintain, inspect, repair and repossess facilities and equipment. 7. Service Calls. Cable One is responsible for service of the cable distribution system installed by it and will make best efforts to respond in a timely fashion to any requests for service. 8. Indemnification. Owner shall indemnify and hold harmless Cable One, its employees and agents for any damage done to its equipment by any person other than an employee or agent of Cable One. Owner shall also indemnify and hold Cable One, its employees and agents harmless from and against any and all claims, liabilities, losses, damages, costs and attorneys' fees arising from: (a) Any misuse of its equipment by any person other than an employee or agent of Cable One; (b) Owner's breach of any representations, warranties or duties listed herein; (c) Defects in prewiring, excavation or other services or materials provided by or on behalf of Owner which affect Cable One's equipment or delivery of service. The provisions of this paragraph shall survive any termination of this Agreement. 9. Governmental Rules and Regulations. This Agreement and the obligations of Cable One and Owner shall be subject to all applicable laws, rules, regulations, administrative orders and decrees, including, without limitation, the Communications Act of 1934, and the rules of the Federal Communications Commission, as such acts and rules may be amended from time to time. Notwithstanding anything in this Agreement to the contrary, any action taken or any failure to perform any action by Owner or Cable One in order to comply with any applicable, valid and binding law, rule, regulation, administrative order or decree shall not constitute a breach of this Agreement. 10. Default; Remedies. In the event that any amount is not paid within thirty (30) days after the date it is due, Cable One shall have the right to suspend service and cancel this Agreement. Any failure by Owner to strictly provide Cable One its access rights to the units, or any interference with those rights, is a material breach of this Agreement and will cause Cable One immediate irreparable injury. Accordingly, Owner agrees that Cable One shall be entitled to preliminary and permanent injunctive and other equitable relief to specifically enforce the easement and access rights granted to Cable One under this Agreement. Cable One's election of any of the remedies in this provision shall not be deemed a waiver of its right to any other remedies at law or in equity. 11. Warranty Disclaimer; Limitation of Liability. Cable service and the agreement related to the delivery thereof is provided "as is" without any warranties, expressed or implied. Owner hereby expressly waives any and all warranties, including any implied warranties or merchantability of fitness for a particular purpose. In no event shall Cable One's liability Page 2 of4 " hereunder, if any, exceed fees actually paid by Owner. Cable One shall not be liable to Owner because of failure of transmission of cable service for any reason beyond the control of Cable One. 12. Continuina Conditions to Cable One's Obligations. Cable One's obligations hereunder are and shall be subject to the following: (a) Cable One's possession of all necessary permits, licenses, franchises and other approvals from all appropriate municipal, state, federal or other governmental agencies or authorities having jurisdiction over the property, Cable One, Owner or the services to be provided hereunder, and all such permits, licenses and other approvals remaining in full force and effect; and (b) Cable One's possession of all necessary easements over public streets and other areas necessary to provide service to units. 13. Notices. Any and all notices required or permitted hereunder shall be given in writing and sent via registered or certified United States Mail, return receipt requested, postage prepaid, addressed as follows: If to Cable One : Cable One 1045 South Commercial Aransas Pass, Texas 78336 Attn: Manager with a copy to: Cable One, Inc. 1314 North Third Street 3rd Floor Phoenix, Arizona 85004 Attn: VP/General Counsel If to Owner: Calhoun County Adult Detention Center Att: LT. Tim Smith Jail Administrator 302 West Live Oak Port Lavaca, Texas77979 or at any other address designated by either party in writing. Notices shall be deemed given upon receipt. 14. No Partnership or Other Relationship. Owner and Cable One do not intend by this Agreement to create a corporation, partnership, joint venture or to appoint either as agent for the other. Neither party shall make any representations to such effect to any party. 15. No Other Parties to Benefit This Agreement is made for the sole benefit of Cable One and Owner, and no other person or entity is intended to or shall have any rights or benefits hereunder. Cable One may assign all or any of its rights or duties hereunder without the consent of Owner. Owner shall not assign this Agreement without prior written consent of Cable One; provided, however, that Cable One agrees that such consent shall not be unreasonably withheld. Page 3 of 4 ".I ~.... 16. Captions. The captions contained in this Agreement have been inserted for convenience only. Such captions do not in any way define, limit, enlarge, modify or describe the scope or intent of this Agreement and shall not be construed as being part of or as governing or otherwise affecting this Agreement or the interpretation and construction of any provision hereof. 17. Law Controls. The laws of the State of Texas shall govern the interpretation and enforcement of this Agreement. 18. Severabilitv. The inapplicability or unenforceability of any provision of this Agreement shall not limit or impair the operation or validity of any other provision of this Agreement. 19. Additional Amended Provision. Owner will activate and continue to maintain active a minimum of 28 units of Basic service at the entering of this Agreement. Any additional units added will be at Owner's discretion and will carry an incremental charge per unit. 20. Entire Aareement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and no modifications shall be effective unless in writing and signed by both parties hereto. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written. Cable One, Inc. Calhoun County Adult Detention Center By: By: Julia Laulis VP SW Div. Michael Pfeifer Calhoun County Judge Page 4 of 4 REOUEST FOR CONSTRUCTION MANAGEMENT ADDITIONAL SERVICES FOR CALHOUN COUNTY NEW JAIL PROJECT IN THE AMOUNT OF $38.400 AND AUTHORIZE COMMISSOINER BALAJKA TO SIGN AGREEMENT: A Motion was made by Commissioner Balajka and seconded by Commissioner Fritsch to approve the request for construction management additional services for Calhoun County New Jail Project in the amount of $38,400 and authorize Commissioner Balajka to sign the agreement. Commissioners Galvan, Balajka, Fritsch, Finster and Judge pfeifer all voted in favor. I j \ ' '" -r' r .. t'7 !:.\ ---~;.,.' - Jfn Ii: - >,> !1;,~ ~ ,'j 'I I . P-. ,'j SRawMaxwell COM P A NY Houston . Austin Monday, March 13, 2006 Commissioner Michael Balajka Calhoun County Commissioner - Precinct 2 201 West Austin Street Port Lavaca, Texas 77979 RE: Calhoun County New Jail Project Subject: Construction Management Additional Services Dear Commissioner Balajka: I'm writing to inform you that our most recent invoice for Construction Management (CM) "Basic Services" through December 31, 2005 (invoice no. 2951.18) indicates a remaining contract balance of only $767. This is based on the original not-to-exceed (NTE) contract amount of $88,976. As we have previously discussed, the NTE contract amount for CM services was developed prior to the award of a construction contract and was based on an anticipated thirteen (13) month construction schedule (refer to Section 3.2 of the Agreement). The Construction Phase officially began on March 25, 2004 with the issuance of a Notice to Proceed to the General Contractor while our CM Basic Services actually began in July 2004. Fortunately, we were able to provide our CM services related to the New Jail project within the original NTE contract amount for the "extended" duration of seventeen (17) months Ouly 2004 thru December 2005). This equates to an additional four (4) months of CM basic services provided within the original NTE contract amount. Unfortunately, the construction phase has been so adversely impacted by an unusual amount of weather delays and other mitigating factors that the overall completion date of the project has been pushed out even further than December 31, 2005. The latest "substantial completion" date reported by the contractor is anticipated to be in mid-April, 2006. Provided that this timeframe is actually achieved, there could be as much as 1.5 months of punchlist and close-out work to be completed before "final completion" of the facility is actually attained. Therefore, coordination and management of this project could easily extend to the end of May 2006 and perhaps further. You have indicated a desire to retain SpawMaxwell Company as the construction manager for the duration of the project and for us to continue to provide the services stipulated in our existing agreement dated August 28, 2003. At your request, we have provided those services for the months of January, February, and March 2006. Accordingly, we propose that you increase the original NTE contract amount from $88,976 to $127,376. This "proposed" Not-ta-Exceed increase amount of $38,400 is based on an average (historical) monthly level of effort of 60 hrs/mo (or 14 hrs/wk) multiplied by the contract billing rate for the Project Manager ($128.00/hr) and again multiplied by the anticipated five month extension Oan. - May 2006). Please be aware that should our services be required beyond May 31; 2006 there may be additional fees required beyond this proposal. 4321 Directors Row, Suite 100 . Houston, Texas 77092 . 713.222.0900 " Pax: 713.222.1414 . www.spawmaxwell.com REOUEST FOR CONSTRUCTION MANAGEMENT ADDmONAL SERVICES FOR CALHOUN COUNTY COURTHOUSE RENOVATION PROJECT IN THE AMOUNT OF $26,400 AND AUTHORIZE COUNTY JUDGE TO SIGN AGREEMENT: A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to approve request for construction management additional services for Calhoun County Courthouse Renovation Project in the amount of $26,400 and authorize Judge Pfeifer to sign agreement. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. -: SRawMaxwell COMPANY Houston . Austin Monday, March 13,2006 Honorable Mike Pfeifer Calhoun County Judge 211 S. Ann Street Port Lavaca, Texas 77979 RE: Calhoun County Courthouse Renovation Project Subject: Construction Management Additional Services Dear Judge Pfeifer: Pursuant to Section 1.2 (Additional Services) and Article 12 (Other Conditions or Services) of our agreement dated May 27, 2004, we respectfully request that Calhoun County increase the basis of our compensation for "Basic CM Services" from the current stipulated sum of $135,000 to a revised stipulated sum of $161,400. The compensation increase of $26,400 is attributable to the following: 1.) Additional two (2) months of services required during the Procurement Phase. Our Agreement anticipated a total of two months for procurement and it actually took four months. The additional two months were primarily attributable to the management and coordination of the Post Bid Clarification I Value Engineering efforts. 2.) Additional two (2) months of services required during the Construction Phase. Our Agreement anticipated a total construction duration of ten (10) months (nine months to Substantial Completion plus one month of punchlist) and pursuant to the County's agreement with the Contractor the actual anticipated total duration for construction is twelve (12) months (eleven months to Substantial Completion plus one month of punchlist). The additional fees are calculated based on an average (historical) monthly level of effort of 50 hrs/mo (or 12 hrs/wk) multiplied by the contract billing rate for the Project Manager ($132.00/hr). Please be aware that should our services be required beyond October 22, 2006 (the current contract substantial completion date of September 22, 2006 plus one month for punchlist) then additional compensation for "Basic CM Services" beyond this request may be required. If you concur with this proposal, please indicate your approval by signing and dating in the space below. Should you have any questions please do not hesitate to contact me at 713.346.0939. ~/& ' Marn O. C,ippen (~ Project Director Agreed:~~~ ~y Title: CR 1 houn County Judge Date: March 23. 2006 4321 Directors Row, Suite 100 . Houston, Texas 77092' 713.222.0900 . Fax: 713.222.1414 . www.spawmaxwell.com MONTHLY REPORTS: County Clerk, District Clerk, County Treasurer and Extension Service presented their monthly reports for February 2006 and after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Galvan that said reports be accepted as presented. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. - -! - ",I> r ..ANITA'FRICKE'- COl:JNTYCLERK 'MONTH~YREPORT'RECAPITUtA nON OFFICEIFUNOeFEBRUARYj20l)6 CIVIL FUNDS County Fees County Clerk's Fees Recording Probate Civil Total CoUnty Clerk's Fees Judge's Fees Probate CMI Total Judge's Fees Probate Fees (Education Fees) Sheriff's Fees Jury Fees Law Library Fees Beer Licenses AppeHate Fund (TGC) Court Reporter Fees Civil Indigent Fees Record Management Fees (County Clerk) Record Management Fees (County) Security Fees (County) Bond Forfeitures Subtotal County Fees $11,672,30 280.00 480.00 $12,432.30 32.00 65.00 97.00 35.00 525.00 0.00 700.00 0.00 95.00 300.00 125.00 1,945.00 125.00 516.00 300.00 $17,195.30 State Fees Judicial Fur nds CV $964 + PR $539 Marriage License Fees Birth Certificate Fees Total State Fees SUBTOTAL Overpmt of Filing Fees to be Refunded by Co. Clk. TOTAL CIVIL FUNDS COLLECTED 1,503.00 183.00 93.60 $1,779.60 $18,974.90 $18,974.90 CRIMINAL FUNDS ($9,371.92 + $3,058.00) Total Criminal Court Costs & Fines + Pre-Trial Diversion TOTAL FUNDS RECEIVED (As per ACS Report) Bank Interest Earned $12,429.92 TOTAL FUNDS RECEIVED Less Refunds for Overpayment of Filing Fees ADJUSTED FUNDS RECEIVED Plus Re-Deposit of NSF Checks (Not recorded in ACS) Less NSF Checks (Not recorded in ACS) Co. Clerk Check # '15"!J $31,404.82 52.73 $31,457.55 0.00 $31,457.55 0.00 0.00 AMOUNT DUE COUNTY TREASURER t $31,457.551 ~. + -~.... ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION (can't) OFFICE FUND - FEBRUARY 2006 DISBURSEMENTS CK# 954 Pavable To Rhoncla Kokena, Co. Treas. Description January 2006 report Amount $31,912.96 TOTAL DISBURSEMENTS $31,912.96 CASH ON HAND. OFFICE FUND Beginning Book Balance Funds Received Disbursements Plus Redeposit of NSF Checks Less NSF Checks Ending Book Balance $31,911.30 31,457.55 -31,912.96 0.00 0.00 $31,455.89 BANK RECONCILIATION. OFFICE FUND Ending Bank Balance $61,377.19 Outstanding Deposits- 2,062.00 Outstancling Checks- (31,983.30) Plus Other ltems- 0.00 Less Other Items- 0.00 Reconciled Bank Balance $31,455.89 ... _.. _.._.. _. a_.._.. _.. _.. _.. _.. _.. _ .._.. _.. _.. _.. _.._ CASH ON HAND. TRUST FUND Beginning Book Balance Funds Received Disbursements Ending Book Balance $51,980.21 0.00 0.00 $51,980.21 BANK RECONCILIATION. TRUST FUND Ending Bank Balance $51,980.21 Outstanding Deposits- 0.00 Outstanding Checks- 0.00 Reconciled Bank Balance $51,980.21 -See Attached ~~ SUBMITTED BY: Anita Fricke, County Clerk ______.... _.... _.... _............., .....-......-&-.1 1 " / DISTRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT Remittance to County Treasurer: Road and Bridge General Fund: Fines Bond Forfeiture General Fund: District Clerk's Fees Sheriff's Fees Jury Fees Law Library Fund: C.J.P.F.: L.E.O.S.: C.V.C.A.: J.P.T.: C.S.: B.A.T.: C.R.F.: Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Civil Indigent Filing Fee: Abused Children's Fund: C.M.1. : A.J.S.F. : REMI'ITANCES G:e..brIA.MY) z..oo(,} ~~ ~ 2- 77. l'1 7 '-77. l'l I ~4-"7.~O 1.. 03 I '0 I 30.00 552-"1.2-Q / 315 00 s(, '- 4-3 "2..~,9s '2. 4-9 ~q'1.lt4- C.2.' 3/2-.30 loo .00 Te\.I\I.<.""y 2.00t. F.r.,.". J ';J'.S;F. TOTAL REMITTANCE TO COUNTY TREASURER: Interest: (;.2.'- 4- 5 .00 S.07 '.0.00 z. S '1.00 (~ S 6 4- . s'l. I Remittance to Others: Out-of-County Sheriff's Fees: State: C.A.R. Fund: 8 I. 00 4-90.00 TOTAL REMITTANCE TO OTHERS: 57/.00 TOTAL EXPENDITURES: /" 13S.S~ I ENDING BALANCE: 3~ 03(,. SD / TOTAL: 1'1 cWD "\ I , Reconciliation With Cash in Bank: Balance in Checking Account: Outstanding Receipts: Outstanding Checks: Outstanding Criminal Receipts: 3 553.77 '" 4-31.5"0 lC. 778.''+ I TOTAL: \ q ~ 00 . q \ / Outstanding Checks: c:.K.+ 18S'i-GI1I\cWA-Y -30.0-0 c.K.* ('\4-3 - P:,rollKs - oz..OO c.K.:t 2.0/1 - S+,,+\e.... - . so c\c:.:'tf 2.0' I - Ta ...rH+ G, - 100 00 c:.~:t 2.'2.52.- !\<!rI'\aJe.z. -180.00 d(~ , '2. 7lt- - LUl\A.. -[to DO c./C* Woo - f-to!>+O -€ .00 <.t.1\'Z.30~- Host., _IS DO c.1<..i 2.30"l-1J ic;\-o ri t>-- Co. - go. 00 APP~~ PAMELA MARTIN BARTG DISTRICT CLERK RECEIVED: TOTAL: 4- 31. SO MIKE PFEIFER COUNTY JUDGE -----....-... --............ ~ ...~ ,I' " ("- DISTRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT RECEIPTS (te..bru....ry) "'LOO') rJ District Clerk's Fees: Certified Copies Criminal Court Civil Court Stenographer Records Management Fund Courthouse Security Fund Civil Indigent Filing Fee Sheriff's Fees: Civil Court Civil Jury Jury Fees: Law Library Fees: C.J.P.F. L.E.O.S.: C.V.C.A.: J.P.T.: C.S.: B.A.T.: C. R. F. : Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Abused Children's Fund: C.M. I. A. J . S. F. : f'.P.~. -:r.S.F. TOTAL FEES: 14-'1.00 4- 4- s 'l3 gqs 30 IOS' ()() I 5"1 S . 2.3 ,I 2-'12 '17 "I C>. 7(" 6 s. 0 0 3.30.00 70.0n If-OO.Dn '::;0.00 2. 4- 5 00 It-sG. . '3 2..D.z.. 7 50.7c'rJ 811.&2.. .5.00 2.53. 71 4-."1.0 35'.00 "iD 00 I 4-A 00 4- "2..5. OS / Bond Forfeiture: Fines: Criminal Court 14- s z.eo . 3 9 I C.A.R. Fund: State: 3.35' On Other Collections: Reimbursable Costs c.1("~ 2..3 0 7, Kar r CK.*2.-3D'l u'\"-~r'\.....G,. I LOO &D.OO 81.00 TOTAL CASH RECEIPTS: INTEREST EARNED: BEGINNING BALANCE: 19 $0.4-4- I "l . 4-7 I' tt-Sq s"l / TOTAL RESOURCES: 3(., en(.,. So / "':;.._C. .......~... J, j r-:,LJ ~~ "-..... l"t...I/....,....,ll A " -- ~ r- 'v CALHOUN COUNTY, TEXAS CALHOUN COUNTY TREASURER'S REPORT , MONTH OF: FEBRUARY 2006 BEGINNING ENDING FUND FUNDBAIANCE RECEIPTS DISBURSEMENTS FUNDBAUNCE :!> 13,46~,~Yl.JU " '1,lYY,UUU.Y4 :j, l,4oU,:J4:J.JY :j, lo,LU/,j4o.~:J AIRPORT MAINTENANCE 8,561.32 17,032.82 1,075,95 24,518.19 APPELLATE JUDICIAL SYSTEM 1,148.46 179.40 1,140,87 186.99 ANIMAL CONTROL-CAWS 139.90 0.54 0.00 140.44 CHAMBER TOURISM CENTER 224.80 0.86 0.00 225.66 COUNTY CHILD WELFARE BOARD FUND - 30.00 0,00 30.00 COURTHOUSE SECURITY 173,069.88 2,045.37 0.00 175,115.25 D.A. GUN VIOLENCE PROSECUTION PROG. - 8,000.00 0,00 8,000.00 DONATIONS 138,713.10 1,270.67 257.00 139,726.77 FAMILY PROTECTION FUND 243.19 285.93 0.00 529.12 JUVENILE DELINQUENCY PREVENTION FUND 7,219.77 27.68 0.00 7,247.45 GRANTS 62,688.02 6,240.30 946.08 67,982,24 HWY 871FM1090 526,035.64 2,016.47 0,00 528,052.11 GENERAL HA V A COMPLIANCE - 0.00 0.00 0.00 JUSTICE COURT TECHNOLOGY 14,494.91 852.28 1,394.00 13,953.19 JUSTICE COURT BUILDING SECURITY FUND 293.61 165.24 0.00 458.85 LATERAL ROAD PRECINCT #1 3,649.63 13.99 0.00 3,663.62 LATERAL ROAD PRECINCT #2 3,649.63 13.99 QOO 3,663.62 LATERAL ROAD PRECINCT #3 3,649.63 13.99 0.00 3,663.62 LATERAL ROAD PRECINCT #4 3,649.64 13.99 0.00 3,663.63 PRETRIAL SERVICES FUND 6,771.99 153.96 2,190.00 4,735.95 LAW LIBRARY 81,244.02 1,536.44 0.00 82,780.46 LAWENF OFFICERS STD. EDUC. (LEOSE: 8,640.99 702.51 91.90 9,251.60 POC COMMUNITY CENTER 3,260.20 587.50 1,484.54 2,363.16 RECORDS MANAGEMENT -DISTRICT CLERK 515.01 54.47 500.00 69.48 RECORDS MANAGEMENT-COUNTY CLERK 111,092.04 2,670.85 33,013.00 80,749.89 RECORDS MGMT & PRESERVATION 76,796.38 1,090.81 20,855.88 57,031.31 ROAD & BRIDGE GENERAL 608,188.86 111,026.18 300,000.00 419,215.04 ROAD & BRIDGE PRECINCT #3 11,488.48 44.04 0.00 11,532.52 ROAD MAINTENANCE PRECINCT #4 14,852.06 56.93 0.00 14,908.99 SHERIFF FORFEITED PROPERTY 1,077.66 4.13 0.00 1,081.79 CAPITAL PROJ-COAST AL IMPROVEMENT:; - 0.00 0.00 0.00 CAPITAL PROJ-COURTHOUSE RENOV ATIOl' 524,267.45 334,299.33 333,943.14 524,623.64 CAPITAL PROJ-ELECTION MACHINES 0.00 0.00 0.00 0.00 CAPITAL PROJ-NEW EMS BLDG 19,196.25 0.00 0.00 19,196.25 CAPITALPROJ-NEW JAIL BLDG 426.84 359,334.45 359,761.29 0.00 CAPITAL PROJ-P ARKING LOT 80',543.81 0.00 0.00 80,543.81 CAP PROJ-PCT 1 RD RECONST-STORM 403,906.18 0.00 0.00 403,906.18 CAPPROJ-PCT 1 RD RECON. TCDP DR#723037 0.00 0.00 0.00 0.00 CAP PROJ-PCT 2 - STORM REPAIRS 17,796.13 0.00 0.00 17,796.13 CAPITAL PROJ-RB INFRASTRUCTURE 32,732.48 0.00 0.00 32,732.48 CAPITAL PROJ-SW AN POINT PARK 74,720.40 0.00 0.00 74,720.40 CAPITAL PROJ-AIRPORT IMPROVEMENT Il 59,566.32 0.00 0.00 59,566.32 CAPITAL PROJ-MOLD REMEDIATION 858.83 0.00 0.00 858.83 CAP PROJ-HATERIUS PRK -BOAT RAMP-STRM REI 33,148.15 0.00 0.00 33,148.15 CAP PROJ-PORT ALTO PUBL BEACH-STORM REF 30,384.78 0.00 0.00 30,384.78 CAP PROJ- CO CLERK'S RECORD~ 0.00 40,500.00 0.00 40,500.00 CAPPROJ-DIStRICT CLERK'S RECORD~ 0.00 66,500.00 45,100.00 21,400.00 ARREST FEES 0.00 580.52 0.00 580.52 BAlL BOND FEES (HB1940) 1,260.00 0.00 0.00 1,260.00 CONSOLIDATED COURT COSTS (NEW) 0.00 11,513.87 0.00 11,513.87 ELECTIONS CONTRACT SERVICE 2,847.87 11.54 0.00 2,859.41 FINES AND COURT COSTS HOLDING FUND 9,537.56 0.00 0.00 9,537.56 INDIGENT CIVIL LEGAL SERVICE 0.00 162.00 0.00 162.00 JUDICIAL FUND (ST. COURT COSTS) 0.00 254.93 0.00 254.93 JUDICAL PERSONNEL TRAINING 0.00 1,636.00 0.00 1,636.00 JUROR DONATION- TX cRIME VICTIMS FUND 0.00 18.00 0.00 18.00 JUSTICE OF THE PEACE CLEARING -.. 44,461.01 13,250.63 t,43r64 56,280.00 SUBTOTALS :j, . .10 :!> ), , :!> "',~v~" ~v.vu :!> l!l;L!I:J,jO I.U) Page 1 of 3 J '!r -.1 COUNTY TREASURER'S REPORT MONTH OF: FEBRUARY 2006 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE OPERATING FUND - BALANCE FORW ARC $ 16,675,904.18 $ 5,183,193.55 $ 2,563,730.68 $ 19,295,367.05 JUVENlLE CRIME & DELINQUENCY - 0.00 JUVENlLE PROBATION RESTITUTION 45.00 165.00 0.00 210.00 LIBRARY GIFT AND MEMORIAL 49,114.07 458.39 0.00 49,572.46 MISCELLANEOUS CLEARING 63,065.69 349,316.16 412,030.62 351.23 REFUNDABLE DEPOSITS 2,225.00 0.00 0.00 2,225.00 ::i lAIn C1 v 1L .t'bb .t'UNV U.UU I,Yllj.oU U.UU I,Yllj.oU SUBTITLE C FUND 0.00 3,274.02 0.00 3,274.02 TIME PAYMENTS 0.00 1,847.05 0.00 1,847.05 TRAFFIC LAW FAILURE TO APPEAR 0.00 988.72 0.00 988.72 UNLLAlMbV YKUYbKIY Z,j04.oo lJO.Zj u.uu Z,:lw.XY BOOT CAMPmAEP 84,806.69 81,862.09 6,353.15 160,315.63 JUVENlLE PROBATION " 208,743.45 166,996.18 29,548.74 346,190.89 SUBTOTALS $ 17,086,268.74 $ 5,790,220.99 $ 3,011,663.19 $ 19,864,826.54 TAXES IN ESCROW - 0.00 TOTAL OPERATING FUNDS $ 17,086,268.74 $ 5,790,220.99 $ 3,011,663.19 $ 19,864,826.54 COMB. HOSP. REV. & TAX CERTIF. OF OBLIG. 323,887.82 $ 76,097.02 $0.00 399,984.84 CONSTRUCTION (JAIL) 1,392,887.28 305,215.84 659,334.45 1,038,768.67 CONSTRUCTION (JAIL) SERIES 2003 - 1& S 938,514.49 255,286.71 207,006.88 986,794.32 COURTHOUSE RENOVATION FUND SERIES 2004 4,570,657.54 331,111.69 609,913.66 4,291,855.57 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 2004 226,046.54 75,462. 83 122,585.01 178,924.36 JURY IMPREST-DISTRICT COURT 3,729.01 5.42 (10.00) 3,744.43 JURY IMPREST-COUNTY COURT 2,264.38 3.68 0.00 2,268.06 TOTAL OPER. & OTHER CO. FUNDS $ 24,544,255.80 $ 6,833,404.18 $ 4,610,493.19 $ 26,767,166.79 MEMORlALMEDICAL CENTER: OPERATING 2,486,991.99 $ 1,583,769.91 $ 1,551,854.20 $ 2,518,907.70 MEMORIAL 17,755.30 20.43 0.00 17,775.73 RESTRICTED DONATION 14,082.11 16.20 0.00 14,098.31 INDIGENT HEALTHCARE 10,007.10 119,656.55 127,670.35 1,993.30 TOTALS $ 2,528,836.50 $ 1,703,463.09 $ 1,679,524.55 $ 2,552,775.04 DRAINAGE DISTRICTS NO.6 15,010.21 $ 307.56 $ 97.45 $ 15,220.32 NO.8 48,801.51 5,022.5.7 6,892.13 46,931.95 NO.10-MAINTENANCE 43,829.96 3,071.62 110.32 46,791.26 NO. 11-MAINTENANCE/OPERATING 135,848.94 29,286.00 19,114.50 146,020.44 NO. ll-DEBT SERVICE 62,729.69 4,854.46 0.00 67,584.15 NO. ll-RESERVE 50,884.92 58.55 0.00 50,943.47 TOTALS $ 357,105.23 $ 42,600.76 $ 26,214.40 $ 373,491.59 CALHOUN COUNTY NAVIGATION DIST. MAINTENANCE AND OPERATING 167,410.30 $ 7,221.49 $ 6,860.74 $ 167,771.05 TOTALMMC,DRAINAGEDIST. &NAV.DIST, $ 3,053,352.03 $ 1,753,285.34 $ 1,712,599.69 $ 3,094,037.68 TOTAL ALL FUNDS $ 29,861,204.47 Page 2 of 3 ~ ." , -~ .I )' . COUNTY TREASURER'S REPORT MONTH OF: FEBRUARY 2006 BANK RECONCILIATION LESS: CERT.OF DEP/ FUND OUTSTNDG DEP/ PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE OPERATING * $ 19,864,826.54 $ 17,743,125.54 $ 1,559,540.10 $ , 3,681,241.10 JURY IMPREST-DISlRICT COURT 3,744.43 0.00 964.00 4,708.43 JURY IMPREST-COUNfY COURT 2,268.06 0.00 932.00 3,200.06 COMB. HOSP. REV. & TAX CERTIF. OF OBLIG. 399,984.84 0.00 0.00 399,984.84 CONSlRUCTION (JAIL) ** 1,038,768.67 1,000,000.00 359,334.45 398,103.12 CONSlRUCTION (JAIL) SERIES 2003 - I & S 986,794.32 0.00 0.00 986,794.32 COURTHOUSE RENOV. FUND SERIES 2004 **' 4,291,855.57 4,200,000.00 359,913.66 451,769.23 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 2004 178,924.36 0.00 0.00 178,924.36 MEMORIAL MEDICAL CENTER: OPERATING 2,518,907.70 0.50 148,22'f.05 2,667,136.25 MEMORIAL 17,775.73 0.00 0.00 17,775.73 RESlRICTED DONATION 14,098.31 0.00 0.00 14,098.31 INDIGENT HEALTHCARE 1,993.30 0.00 1,725.31 3,718.61 DRAINAGE DISTRICT: NO.6 15,220.32 0.00 0.00 15,220.32 NO.8 46,931:95 0.00 0.00 46,931:95 NO. 10 MAINTENANCE 46,791:26 0.00 0.00 46,791:26 NO. 11 MAINTENANCE/OPERATING 146,020.44 0.00 0.00 146,020.44 NO. 11 DEBT SERVICE 67,584.15 0.00 0.00 67,584.15 NO. 11 RESERVE 50,943.47 0.00 0.00 50,943.47 CALHOUN CO. NAVIGATIONDIST: MAINTENANCE/OPERATING ***' 167,771.05. 0.00 0.00 167,771:05 TOTALS $ 29,861,204.47 $ 22,943,126.04 $ 2,430,638.57 $ 9,348,717.00 * CDs - OPERATING FUND $16,309,246.63 ** CD - CONSTRUCTION (JAIL) $1,000,000.00 *** CD - COURTIIOUSE RENOVATION $4,200,000.00 **** UIE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK - PORT LA V ACA. UIE DEPOSITORY FOR ALL OUIER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LA V ACA. ~~~.~ COUNTY TREASURER Page 3 of 3 Jf" " ;r , ."." o~ TEXAS COOPERATIVE EXTENSION EXTENSION ACTIVITY REPORT TO CALHOUN COMMISSIONER'S COURT Bill Harvey County Extension Agent-Marine Monthly Report - February, 2006 *Out of County Travel SIt d M' A f 'f e ec e aJOr C IVI les Date Daily Account Miles Contacts 2/1 Office administration and program development 0 3 2/2 Office administration and digital photography workshop 0 15 2/3 Administration of skate club (est. bank acct, etc.) 0 3 2/6 Office Administration 0 4 2/7 Program development and preparation for annual review 0 5 2/8 Program Preparation and office administration 0 11 2/9 Program delivery (digital workshop) and office administration 0 15 2/10 Preparation for weekend skateboard event 0 3 2/13 Sick Leave 0 0 2/14 Met with Commissioner Galvan and Zan Matthies regarding 0 7 skateboard activities 2/15 Program development and meeting with 4-H skateboard club 0 12 members. 2/16 Program delivery (digital workshop) 0 15 2/17 Office administriltion and preparation for annual review 0 3 2/20. Office a<lministratiori' and preparation for annual review 0 7 2/21 Office administration and preparation for annual review 0 6 2/22 Participated in building artificial reef 'with CCISD Water Watchers 10 50 and ineetingwithmarine debris working group .. 2/23 Site visit in Seadrift; office administration, preparation for annual 65 16 review; digital photography program 2/24 Hurricane Rita evacuation. 0 0 2/27 Annual Performance Review 0 2 2/28 Program Development 0 4 75 181 11 Office Visits 113 Phone Calls TRAVEL: 216 Emails & Correspondence In County - 75.0 1 News Releases Out of County - "0 Marine Newsletters Home Visits Total 75.0 " 4 Site Visits BL TMatchHours Continuing Education Units (CEU) ..- --- .. - ~ <, .~ ;\! March 2006: Upcoming Events/Activities/Programs Date Event/ Activities/Proe:ram 3/2 3/7 3/9 3/13-3/15 3/20-3/25 Photo Class with.CCISD Meeting with Port Lavaca Lions Club Photo Class with CCISD Marine Advisory Service Meeting in San Antonio Floating Classroom in Port O'Connor Name Bill Harvey Title County Extension Agent-Marine Calhoun County ISSUES RELATING TO THE NEW JAIL CONSTRUCTION PROJECT: Commissioner Balajka said everything is on schedule and in some of the areas testing has begun. ISSUES RELATING TO THE CAHOUN COUNTY COURTHOUSE RENOVATIONS PROJECT: Judge Pfeifer reported that everything is still on schedule and well within budget BUDGET ADJUSTMENTS: A Motion was made by Commissioner Galvan and seconded by Fritsch the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ~ o o N D:: CI: w >- .... 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W ;I 9 ~ a.. c.:I :2 c>-w a:w ~~ 01- o..~ :2 a: w<( 1-0.. z o U) c w It: I- Z w :i a z w :i C =10 LO Z"""""" -LOLO c.:I~~ ;j!LOLO '. a a a ~ i i cD Q) Q) o ~ ~ "" '0 "" CD Cl (\l a. s ~ ~ N co co cD cO cO o ~ ~ a a a a a a -I -.I ~ ~ :s ~ ~ {!. 1:) H: ~ ~ ffi ~ (:) :::c -.I (/) ~ LIJ ai (:) <0 o o C\l C\i C\l ~ e III :2 :>; (\l "0 III CD c: "0 CD ~ j, ACCOUNTS ALLOWED - COUNTY: Claims totaling $1,947,165.87 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Balajka, Fritsch, Finster and Judge pfeifer all voted in favor. ACCOUNTS ALLOWED - MEMORIAL MEDICAL CENTER: Claims totaling $1,614,517.72 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - INDIGENT HEAL THCARE: Claims totaling $188,385.26 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. Court adjourned @ 10:50 a.m.