gregg county commissioners' court agendadestinyhosted.com/greggdocs/2005/ccreg/20050728... ·...

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GREGG COUNTY COMMISSIONERS' COURT AGENDA Thursday, July 28, 2005 @ 10:00 a.m. Commissioners' Courtroom - 3 rd Floor - Courthouse 101 E. Methvin Street - Longview, Texas PRESENTATION OF SERVICE AWARDS TO COUNTY EMPLOYEES I) Approve payroll and transfer of funds. 2) Approve bills payable, a special bill and budget transfer amendments. 3) Approve health plan claims payment(s). 4) PUBLIC COMMENTS 5) SABINE VALLEY CENTER a. Request approval of the recommendation of Glyn Crane to serve on the Board of Trustees, Sabine Valley Center, for another two-year term; term to expire on August 31, 2007. b. Request approval of the recommendation of Jay Mitchell to serve on the Board of Trustees, Sabine Valley Center, for another two-year term; term to expire on August 31,2007. 6) JOHN W. TOWER a. Request discussion and consideration of the adoption of a Resolution creating the Gregg County Rail Transportation District. 7) COMMISSIONER a. Precinct #4 - Request approval of the installation of traffic signs that regulate a maximum of 35 mph on the following roads located in Precinct #4: Jerry Lucy, Massey Rock, Old Easton, Whittington, Pleasant Green, Meadows Lane, Greenbrier and Spinks-Chapman. 8) SHERIFF a. Request approval of an Amendment to the Interlocal Service Agreement for Enhanced 9-1-1 Program between Gregg County and the East Texas Council of Governments (ETCOG). b. Request approval of a salary re-alignment for the listed positions, to be effective July 30, 2005. 9) AUDITOR a. Request discussion, with action, on the renewal of the County's retirement rates for the 2005-2006 plan year, as shown in back up. b. Request discussion, with necessary action, regarding the quarterly reduction of General Fund tax allocations held in reserve in the Road and Bridge fund balance for the 3'd quarter, 2004-2005. 0001

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Page 1: GREGG COUNTY COMMISSIONERS' COURT AGENDAdestinyhosted.com/greggdocs/2005/CCREG/20050728... · 7/28/2005  · HELD: July 28, 2005 A regular meeting of the Commissioners' Court of Gregg

GREGG COUNTYCOMMISSIONERS' COURT AGENDA

Thursday, July 28, 2005 @ 10:00 a.m.Commissioners' Courtroom - 3rd Floor - Courthouse

101 E. Methvin Street - Longview, Texas

PRESENTATION OF SERVICE AWARDS TO COUNTY EMPLOYEES

I) Approve payroll and transfer of funds.

2) Approve bills payable, a special bill and budget transfer amendments.

3) Approve health plan claims payment(s).

4) PUBLIC COMMENTS

5) SABINE VALLEY CENTER

a. Request approval of the recommendation of Glyn Crane to serve on the Boardof Trustees, Sabine Valley Center, for another two-year term; term to expire onAugust 31, 2007.

b. Request approval of the recommendation of Jay Mitchell to serve on the Boardof Trustees, Sabine Valley Center, for another two-year term; term to expire onAugust 31,2007.

6) JOHN W. TOWER

a. Request discussion and consideration of the adoption of a Resolution creatingthe Gregg County Rail Transportation District.

7) COMMISSIONER

a. Precinct #4 - Request approval of the installation of traffic signs that regulate amaximum of 35 mph on the following roads located in Precinct #4: Jerry Lucy,Massey Rock, Old Easton, Whittington, Pleasant Green, Meadows Lane,Greenbrier and Spinks-Chapman.

8) SHERIFF

a. Request approval of an Amendment to the Interlocal Service Agreement forEnhanced 9-1-1 Program between Gregg County and the East Texas Council ofGovernments (ETCOG).

b. Request approval of a salary re-alignment for the listed positions, to beeffective July 30, 2005.

9) AUDITOR

a. Request discussion, with action, on the renewal of the County's retirementrates for the 2005-2006 plan year, as shown in back up.

b. Request discussion, with necessary action, regarding the quarterly reduction ofGeneral Fund tax allocations held in reserve in the Road and Bridge fundbalance for the 3'd quarter, 2004-2005.

0001

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10) CONSTABLE, PRECINCT #4

a. Request approval to pay Alltel, Inc. in the amount of $ 16.57, which includesbusiness related calls of$ 4.20 in excess of the $ 12.37 limit.

11) COUNTY CLERK

a. Request approval of the Official Bond and Oath of Chad Walls, Fire Marshal.

b. Request authorization to use $1280 salary lag in the County Clerk's office toadjust the salaries of the clerks who serve County Court at Law #1.

12) ELECTIONS

a. Request approval of the appointment of the Election Judges and AlternateJudges for the August I, 2005 through July 31, 2006 term, as submitted by theRepublican and Democratic Party Chairpersons and the ElectionsAdministrator.

13) HUMAN RESOURCES

a. Request approval of a maximum un-reimbursed medical limit that an employeemay deduct for the Cafeteria Plan for the year 10/01105 to 9/30106. See letterof explanation.

b. Request approval of a new Parking Lot Committee, as shown. The newcommittee will serve a three-year term.

c. Request permission to recognize the past members of the Parking LotCommittee.

14) PURCHASING

a. Request authorization for the Purchasing Agent to solicit bids for theremodeling of the 124th District courtroom.

IS) MAINTENANCE

a. Request approval for West Gregg S.U.D. to place a :;''' water line within theright-of-way of Goforth Road, in Precinct #3.

16) TAX ASSESSOR-COLLECTOR

a. Request approval of an Order which requires foreclosure sale purchasers tosecure written statements that show they owe no property taxes as a conditionprecedent to their receiving a Sheriffs or Constable's Deed.

b. Request approval of a bid packet (with instructions) for bidders to use whenbidding for "struck off' property, which is property that is available for re-sale.

17) ADJOURN

-0002

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MINUTES

REGULAR MEETING

GREGG COUNTY COMMISSIONERS' COURT

HELD: July 28, 2005

A regular meeting of the Commissioners' Court of Gregg County, Texas was held onThursday, July 28th at 10:00 a.m. for the purpose of regular business at the Courthouse inLongview, Texas, the regular meeting place thereof, said meeting being open to thepublic and notice of said meeting having been posted as prescribed by law, with thefollowing members ofthe Court being present, to wit:

BILL STOUDTCHARLES DAVISDARRYL PRIMOBOB BARBEEDANNY CRAIG

COUNTY JUDGE, PRESIDINGCOMMISSIONER, PCT. #1COMMISSIONER, PCT. #2COMMISSIONER, PCT. #3COMMISSIONER, PCT. #4

****************Judge Stoudt called the meeting to order.

****************Prayer was given by Judge Stoudt, after which followed the recitation of the pledge to theflag.

****************Judge Stoudt presented service awards to the following Gregg County employees:

Name Department Years of ServiceRethea A. GambillDarlene A. BeardShirley A. DotsonSonny J. Lawrence

Pet. 2Information Svs.Pet. #3Sheriff s Office

****************

5 years10 years20 years20 years

A motion was made by Bob Barbee and seconded by Danny Craig to approve payroll andtransfer of funds. The motion was put to a vote with Commissioners Davis, Primo,Barbee, Craig and Judge Stoudt voting "AYE".

A motion was made by Charles Davis and seconded by Bob Barbee to approve billspayable, a special bill and budget transfer amendments. The motion was put to a votewith Commissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting "AYE". Thespecial bill and budget transfer amendments can be found following these minutes asExhibit A-I and A-2, respectively.

A motion was made by Darryl Primo and seconded by Charles Davis to approve healthplan claims payments. The motion was put to a vote with Commissioners Davis, Primo,Barbee, Craig and Judge Stoudt voting "AYE".

****************Public CommentsCitizen, Buddy Stewart, addressed the Court regarding American Airlines and the NFTATrade Agreements.

****************Sabine Valley CenterA motion was made by Charles Davis and seconded by Darryl Primo to approve therecommendation of Glyn Crane to serve on the Board of Trustees, Sabine Valley Center,for a two-year term which will expire on August 31,2007. The motion was put to a votewith Commissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting "AYE".

A motion was made by Bob Barbee and seconded by Danny Craig to approve therecommendation of Jay Mitchell to serve on the Board of Trustees, Sabine Valley Center,for a two-year term which will expire on August 31, 2007. The motion was put to a votewith Commissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting "AYE".

****************

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John W. TowerAgenda Item 6(a) regarding discussion and consideration of a resolution creating theGregg County Rail Transportation District was withdrawn from the agenda.

****************CommissionerA motion was made by Danny Craig and seconded by Bob Barbee to approve theinstallation of traffic signs that regulate a maximum of 35 mph on the following roadslocated in Precinct #4: Jerry Lucy, Massey Rock, Old Easton, Whittington, PleasantGreen, Meadows Lane, Greenbrier and Spinks-Chapman. The motion was put to a votewith Commissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting "AYE".

****************SheriffA motion was made by Charles Davis and seconded by Danny Craig to approve anAmendment to the Interlocal Service Agreement for Enhanced 9-1-1 Program betweenGregg County and the East Texas Council of Govemments (ETCOG). The motion wasput to a vote with Commissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting"AYE". The agreement can be found following these minutes as Exhibit B.

A motion was made by Bob Barbee and seconded by Danny Craig to approve a salary re-alignment for positions as requested, effective July 30, 2005. Sheriff Cerliano addressedthe Court. The motion was put to a vote with Commissioners Davis, Primo, Barbee,Craig and Judge Stoudt voting "AYE". The Salary Re-Alignment can be found followingthese minutes as Exhibit C.

****************AuditorAuditor, Laurie Woloszyn, briefly addressed the Court regarding her recommendation toleave the retirement elected ratio at 8.86%. A motion was made by Charles Davis andseconded by Danny Craig to renew the County's retirement rates for the 2005-2006 planyear at the current rate of 8.86%. The motion was put to a vote with CommissionersDavis, Primo, Barbee, Craig and Judge Stoudt voting "AYE". The Order Amending aCurrent Variable-Rate Plan can be found following these minutes as Exhibit D.

A motion was made by Danny Craig and seconded by Bob Barbee to approve theQuarterly Reduction of General Fund Tax Allocations held in reserve in the Road andBridge Fund balance for the 3'd quarter, 2004-2005. The motion was put to a vote withCommissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting "AYE".

****************Constable, Precinct #4Agenda Item 1O(a), payment to Alltel was withdrawn from the agenda.

****************County ClerkA motion was made by Charles Davis and seconded by Bob Barbee to approve theOfficial Bond and Oath of Chad Walls, Fire Marshall. The motion was put to a vote withCommissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting "AYE". The bondwill be filed in the Gregg County Official Public Records in the County Clerk's Office.

Agenda Item ll(b) regarding salary lag in the County Clerk's Office was withdrawnfrom the agenda.

****************ElectionsElections Administrator, Kathryn Nealy, addressed the Court regarding the appointmentof Election Judges and Alternate Judges. A motion was made by Danny Craig andseconded by Bob Barbee to approve the appointment of the Election Judges and AlternateJudges for the August 1, 2005 through July 31,205 term, as submitted by the Republicanand Democratic Party Chairpersons and the Elections Administrator. The motion was putto a vote with Commissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting"AYE". The Order of Appointment can be found following these minutes as Exhibit E.

****************Human ResourcesA motion was made by Charles Davis and seconded by Darryl Primo to approve$1,000.00 as a maximum un-reimbursed medical limit that an employee may deduct forthe Cafeteria Plan for the year October I, 2005 to September 30, 2006. Human

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Resources Director, Rita Fyffe, addressed the Court. The motion was put to a vote withCommissioners Davis, Primo, Barbee, Craig and Judge Stoudt voting "AYE".

A motion was made by Charles Davis and seconded by Darryl Primo to approve a newParking Lot Committee for a three-year term. The committee members are: JudgeJameson, Laurie Woloszyn, Carolyn Sapp, Glenda Gibson and Terri Shepherd. Themotion was put to a vote with Commissioners Davis, Primo, Barbee, Craig and JudgeStoudt voting "AYE".

Rita Fyffe recognized past members of the Parking Lot Committee and passed out tokensof appreciation to them.

****************PurchasingA motion was made by Darryl Primo and seconded by Charles Davis to authorize thePurchasing Agent to solicit bids for the remodeling of the 124th District Courtroom. Themotion was put to a vote with Commissioners Davis, Primo, Barbee, Craig and JudgeStoudt voting "AYE".

****************MaintenanceA motion was made by Bob Barbee and seconded by Danny Craig to approve WestGregg S.U.D. placing a %" water line within the right-of-way of Goforth Road located inPrecinct No.3. The motion was put to a vote with Commissioners Davis, Primo, Barbee,Craig and Judge Stoudt voting "AYE". The notice and approval for work can be foundfollowing these minutes as Exhibit F.

****************Tax Assessor-CollectorTax Assessor Collector, Kirk Shields, requested that the Court require written taxstatements showing no property taxes owed on foreclosure sale purchases. A motion wasmade by Bob Barbee and seconded by Charles Davis to approve an Order which requiresforeclosure sale purchasers to secure written statements that show they owe no propertytaxes as a condition precedent to their receiving a Sheriffs or Constable's Deed. Themotion was put to a vote with Commissioners Davis, Primo, Barbee, Craig and JudgeStoudt voting "AYE". The Order can be found following these minutes as Exhibit G.

A motion was made by Bob Barbee and seconded by Charles Davis to approve a bidpacket and instructions for bidders to use when bidding on "struck-off' property. KirkShields addressed the Court. The motion was put to a vote with Commissioners Davis,Primo, Barbee, Craig and Judge Stoudt voting "AYE". A copy of the Bid Packet forStruck Off Property can be found following these minutes as Exhibit H.

****************AdjournA motion was made by Darryl Primo and seconded by Judge Stoudt to adjourn. Themotion was put to a vote with Commissioners Davis, Primo, Barbee, Craig and JudgeStoudt voting "AYE".

****************

FIN I S

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NOW, all of the Minutes of the July 2005 term are hereby READ AND APPROVED inOpen Court on this the 8th day of August, 2005.

BOB BARBEECommissioner, Pet. 3

BILL STOUDTCounty Judge r

; " I

C S DAVISCommissioner, Pet. 1

gQ~~clDARR LPCommissioner, Pet. 2

ATTEST:

" .."-;

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"" ......

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EXHIBIT A-]

/25WILLIAM M. JENNINGS

CRIMINAL DISTRICT ATTORNEYGREGG COUNTY

101 East Methvin Street, Suite 333LONGVIEW, TEXAS 75601

903·236·8440FAX 903·236·8490

July 12, 2005

Honorable Bill StoudtCounty Judge101 E. Methvin St.Longview, Texas 75601

Re: Civil Action No. 6:05CV156; Michael Baugher, et alv. Jason Weeks, et a1

Dear Judge Stoudt:

Attached hereto is a statement from Professional Claims Managers, Inc. on behalfof Flowers Davis, P.L.L.c., for a total of $446.97.

Sincerely,

()J?JII.J{~,/./~71J:·/IZU4U]Wlffe t:~ohnson, ~aii.t~riminal District AttorneyGregg County, Texas

JLJ/jn

0007

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EXHIBIT A-2Gregg County

Categorical Budget Transfer Amendment

Date of request: July 20, 2005 Commissioners Court Date: 1-'2'i?"-OS-Journal Voucher No. _

To the Honorable Commissioners' Court of Gregg County, I submit to you for your consideration thefollowing transfers:

ACCOUNT TO TRANSFER FROM:

Fund # and Name 110- General Fund

Organization # and Name 100560 Information Services

Category (check one):

__ Salaries Fringe Benefits __ Operating Expenses xx Capital Outlay

Transfer Amount: $ 4,907.78

ACCOUNT TO TRANSFER TO :

Fund # and Name 110 General Fund . c£JOrganization # and Name 100560 ceJ'tjflp(Clefk~~J/c/h...~ [IIf'7

Category (check one):

___ ,Salaries Fringe Benefits Operating Expenses xx Non-Capital Outlay

Transfer Amount: $4,907.78

Reason: Purchase replacement PCs, printers, etc. that do not meet the $5,000.00 capital requirement

Approved: County Judge forCommissioners' Court

..... ,. ,

./ .•. ;~ ....,.\ S """

/c/;£..:\ .....'"

, y

Form date: 11/05/04

0008

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Gregg CountyCategorical Budget Transfer Amendment

Date of request: July 20. 2005'-ZiS-tf)S

Commissioners Court Date: ~"""B~8. i!995

Journal Voucher No. _

To the Honorable Commissioners' Court of Gregg County, I submit to you for your consideration thefollowing transfers:

ACCOUNT TO TRANSFER FROM:

Fund # and Name no- General Fund

Organization # and Name 150570 Courthouse Au;] d; n9

Category (check one):

___ Salaries Fringe Benefits _x_Operating Expenses __ (Non) Capital Outlay

Transfer Amount: $1.200.00---------

ACCOUNT TO TRANSFER TO :

Fund # and Name nO-General Fund

Organization # and Name _~==_-"'",,",""'''''''''-'''.--'''''''''''''''''''''''L-_Category (check one):

150570 - Courthouse Building

x S~aries __ ~Fringe Benefits __ Operating Expenses __ (Non) Capital Outlay

Transfer Amount: ....:$-=1-'..-=2-=0-=0"-.0"-0=--. _

Reason: Transfer money Repairs & Maintenance to Temporary He1p Account.

~;LddDepartment Head

~ \4o~CApproved: County Judge forCommissioners' Court

Form date: 11/05/04 0009

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Gregg CountyCategorical Budget Transfer Amendment

,--a-OSDate of request: July 20. 2005 Commissioners Court Date: Mtguet 8. ;auQ.5

Journal Voucher Noo _

To the Honorable Commissioners' Court of Gregg County, I submit to you for your consideration thefollowing transfers:

ACCOUNT TO TRANSFER FROM:

Fund # and Name 110 - General Fund

Organization # and Name 150725 -- Youth DententioD Center

Category (check one):

___ Salaries ___ ,Fringe Benefits _x_Operating Expenses __ (Non) Capital Outlay

Transfer Amount: -"$"'6"'0-"'0-'-.0"-0"- _

ACCOUNT TO TRANSFER TO:

Fund # and Name 110 - General Fund

Organization # and Name 150725 - Youth DententioD Center

Category (check one):

___ Salaries ___ .Fringe Benefits _x_Operating Expenses __ (Non) Capital Outlay

Transfer Amount: $600.00-'----------

Reason: Supplies Account overdrawn.

," '"......... -....'•....

OJ

. ..Ii) I ~1

Department Head

Approved: County Judge forCommissioners' Co~

Fonn date: 11105/04 001.0

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Gregg CountyCategorical Budget Transfer Amendment

Date of request: July 25, 2005 Commissioners Court Date: "-]- -zg--()~Journal Voucher No. _

To the Honorable Commissioners' Court of Gregg County, I submit to you for your consideration thefollowing transfers:

ACCOUNT TO T~"ISFER FROM:

Fund # and Name 110- General Fund

Organization # and Name 100451 Non-Departmental

Category (check one):

__ Salaries ___ .Fringe Benefits __ Operating Expenses xx Capital Outlay

Transfer Amount: $ 140,000.00

ACCOUNT TO TRANSFER TO :

Fund # and Name 470 - 124th Courtroom Renovation

Organization # and Name 150570 Courthouse Building

Category (check one):

Salaries ___ ,Fringe Benefits ___ Operating Expenses xx Capital Outlay

Transfer Amount: $140,000.00

Reason: For renovations to the 124th district courtroom.

'h~1~1~dDepartment Head

Awro6iS:t;::6Commissioners' Court

." .....

Form date: 11/05/04 0011

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Gregg CountyCategorical Budget Transfer Amendment

Date of request: July 20, 2005 Commissioners Court Date: -.!j~2'i:S"-asJournal Voucher No. _

To the Honorable Commissioners' Court of Gregg County, I submit to you for your consideration thefollowing transfers:

ACCOUNT TO TRANSFER FROM:

Fund # and Name 110-- General Fund

Organization # and Name 100451 Non-Departmental

Category (check one):

__ Salaries Fringe Benefits xx

Transfer Amount: $ 1,350.00

ACCOUNT TO TRANSFER TO :

Fund # and Name 110 General Fund

Organization # and Name 140936 Historical Commission

Category (check one):

___ Salaries Fringe Benefits xx Operating Expenses __ Non-Capital Outlay

Transfer Amount: $1,350.00

Reason: To assist with utility costs for storage of historical documents and property.

/', , (( /z,--?~, '-

Attest: County ClerkApproved: County Judge forCommissioners' Court J)

J .',

Form date: 11/05/04 0012

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EXHIBIT B

EAST TEXAS COUNCIL OF GOVERNMENTS

INTERLOCAL SERVICE AGREEMENT FOR ENHANCED 9-1-1 PROGRAM

AMENDMENT

The ETCOG Interlocal Service Agreement for Enhanced 9-1-1 Program is amendedas follows

Contract Obligations of Funding

5.1. East Texas Council of Governments agrees to reimburse Public Agency in the totalamount as stated in the following. Each dollar amount is set out. If no dollar amount isset out for the particular category, no funding is provided for that category. PublicAgency agrees to spend no more than the amount allocated to each category for thegoods and services described in that category without written amendment to thisagreement by both parties, and expenses above that stated become the responsibility ofPublic Agency and are not reimbursable.

FY 2005

(I) Supplies $715.00

(2) Training 0

(3) Recorder Supplies: 0

(4) Recorder Maintenance: _$1785.00_

GREGG COUNTY(city or county name)

EAST TEXAS COUNCILOF GOVERNMENTS

Name: _.=:.:~~~~-=- _BILL STOUDTGlynn KnightExecutive Director

Title: COUNTY JUDGE/":"".c',... {'"

, v,OJ:f/il '.Atte~s,~}' . t >'(

<.:,,' ,," i'· ", \"'-t. "D'Il:,e: 7 /28/05';;, ,

I- ''-,; (

u.:::J ",0',)

Date: _

001.3

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,--------- MAXEY CERLIANO ---------,Sheriff, Gregg County

July 11, 2005

Honorable Bill Stoudt, Gregg County JudgeCommissioners' Court of Gregg County, Texas

RE: Salary Re-alignment

Dear Sirs:

I hereby respectfully request you approve the salary re-alignment for the positions indicatedbelow. These changes are to be effective July 30, 2005 and would result in a total decrease of$83.00 in the Sheriff's OffiCe annual salary budget for fisca.1year 2004-2005.

If you have any questions regarding this matter, please feel free to contact me.

cc: Laurie Woloszyn, County Auditor

0014101 E. Methvin. Suite 559 Longview. Texas 75601 903-236-8400 (Voice) 800-765-2189 (Toll Free) 903-753-3560 (Fax)

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EXHIBIT DTEXASCOUNTY ..DISTRICTRETIREMENTSYSTEM

ORDER AMENDING A CURRENT VARIABLE-RATE PLANCounty - Revised 2005

Employer # _

THE STATE OF TEXAS

COUNTY OF_---""="""'-- _GREGG

On this the 28th day of July

Gregg regular sessionCounty, Texas ("the County") was convened in

sessionwith the following members present:

-:-\\~--'-I;----\rl""------- CountyJudge

_---...:~~J:,},!~~~:._._~~~ Commissioner, Precinct #1

-F9'~~~"7.!l'<!~L..,~==-----Commissioner, Precinct #2

" ..~ .' ....-... j \

c.' .

Commissioner, Precinct #3.....,.::<'-"-----.;z::pl=-...l.-----"''----lo''''''-'~''''----'--~

".

Mr./Ms. Charles Davis __ moved that the order, (Exhibit One of these minutes), be adopted by

the County. The motion was seconded by Mr./Ms. ~, and was adopted with theDanny Craig

followingmembers voting AYE: Charles Davis Darryl Primo Bob Barbee

Danny Craig _______ ~; and the followingmembers voting NO: -"NCJ...I"'A _

and .

TCDRS· PO Box 2034 Austin, TX 78768 • 800-823-7782· 512-328-8889. Fax 512-328-8887. www.tcdrs.org

0015 Page I of6

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;

TEXASCOUNTY IiDISTRICTRnlRIMIMTSYSTEM

ORDER AMENDING A CURRENT VARIABLE-RATE PLANCounty - Revised 2005

Exhibit OneOrder Amending a Current Variable-Rate Plan

ADCR: (Subchapter H, Chapter 844)

WHEREAS, the County is a participating subdivision in the Texas County and District Retirement

System(hereafter "System")under SubtitleF, Title 8, Government Code (hereafter''TCDRS Act"); and

WHEREAS, the County previouslyadopted the AnnuallyDetermined Contribution Rate (referred to as

variable-rate) plan under Subchapter H, Chapter 844 of the TCDRS Act and made certain elections and

selectionsauthorized by saidAct; and

WHEREAS, the Commissioners Court finds it to be in the public interest to amend or add to the

selectionspreviouslymade by the County;now, therefore, be it ORDERED, That:

I. EmployeeDeposit RateFor each payroll period from and after January 1, 2006, member deposits of each eligible County

employee shall be made to the System at the rate of 7.0 %' of compensation; and such

deposits shall be certified by the subdivision correspondent and transmitted to the System for deposit to

the individual employee account.

II. Current ServiceCredit PercentageFor county service performed on and after January 1, 2006, each member shall receive multiple matching

credit, which, when added to the rate used to determine the cumnt service credit allowable under Section

843.403, will total 170 %2 of the member's deposits. Current service credit for periods

ending prior to January 1, 2006, shall be the greater of the rate in effect on December 31, 2005, or the

rate to take effect January 1, 2006.

III. Prior ServiceCredit PercentageAllocated (special) prior service credits granted to

December 31, 2005, shall be recomputed at

service credit of each member affected.

any member by the County and in effect on135 %3 of the maximum (special) prior

14%,5%,6% or 7"/0, unless a lower percentage is required under Section 844.703(h) of the TCDRS Act.

2 The percentage may be 100%, 125%. 150%, 175%,200%,225% or 250% or the percentage currendy in effect.

3 Must be a multiple of 5%; may be the same as, but not less than the percentage previously adopted.

TCDRS. PO Box 2034 Austin, TX 78768·800-823-7782· S12-328-8889· Fax S12-328-8887· www.tcdrs.orgPage 2 of6

0016

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•TEXASCOUNTY'OIST •• CTRnlRIMENTSYSTEM

ORDER AMENDING A CURRENT VARIABLE-RATE PLANCounty - Revised 2005

IV. Selection and Adoption of Optional Credits and BenefitsEffective January 1, 2006, in accordance with Section 844.704 of the TCDRS Act, the County adopts thefollowing additional rights, credits and benefits (see Footnote '). In order to adopt any of the optional rigbts,credits and benefits described in this section, the county judge must initial in the space preceding each optionselected.

CPI-Based Annuity Benefit Increase under Sec. 844.208 at the increase basis of %The percentage rate may be 30%, 40%, 50%, 60%, 70%, or 80% of the change in theConsumer Price Index (CPl).

Flat-Rate Annuity Benefit Increase under Sec. 844.209 at the increase basis of %The percentage rate must be an integer (i.e., 1%,2%, 3%, etc.).

Optional 8-Year/Age 60 Retirement Eligibility under Sec. 844.2108-year service eligibility requirement for vesting, service and disability retirement.

Optional Rule of 75 Retirement Eligibility under Sec. 844.21 IA member shall have the right to retire and receive a service retirement annuity when the years ofsuch credited service added to his or her years of attained age equals or exceeds seventy-five (75).

OptionaI20-Year/Any Age Retirement Eligibility under Sec. 844.212A member shall have the right to retire and receive a service retirement annuity when the years ofsuch credited service equals or exceeds twenty (20).

Partial Lump-Sum Payment on Service Retirement under Sec. 844.009At service retirement, this option allows members to receive a portion of their retirement benefitin the form of a partial lump sum distribution that cannot exceed 100% of their account balance.

Credited Service for Qualified Military Service under Sec. 843.60 I(c)Military service typically performed prior to becoming an employee of the county. An eligible memberis one who has service equaling at least the minimum period required to retire at age 60 with the county.

Reinstatement (Buyback) of Previously Forfeited Service Credit under Sec. 843.003You must receive an actuarial study describing the potential employer costs for granting this credit. Torequest a study, please contact TCDRS before October 1.

4 An explanation of the optional rights, credits and benefits described on this page can be found in the attached instructions or by contactingTCDRS. Please refer to the Exhibit A for Year 2006 to determine the additional employer rate associated with authorizing a particularoptional right, credit and benefit described in this section.

TCDRS· PO Box 2034 Austin, TX 78768· 800-823-7782 • 512-328-8889· Fax 512-328-8887 • www.tcdrs.org

001.7'age 3 of6

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TEXASCOUNTY IiDISTRICTRETIREMENT

SYSTEM

ORDER AMENDING A CURRENT VARIABLE·RATE PLANCounty. Revised 2005

V. Employe!"Cont!"ibution Rate

The County hereby undertakes to make monthly normal contributions and prior service contributionsto the System at an employer contribution rate that equals or exceeds the minimum requiredcontribution rate (i.e., the "Total Rate" on the Exhibit A for 2006 plus the additional rates for anyoptional rights, benefits and credits elected in Section IV) determined from year to year by the actuaryof the System,and approved by the Board of Trustees of the System as provided by Subchapter H ofChapter 844. Such employer contribution rate, which does not include the rate for "picked-up"contributions under Section 845.403(i)and the rate, if any, for contributions to the Optional GroupTerm Life Program under Section 845.406, shall not exceed the statutory maximum employercontribution rate prescribed by Section 844.703(c)(currently 11percent) unless this CommissionersCourtelects to waive that statutory limit. Any waiverof the statutory maximum rate made in accordancewithSection 844.703(c) shall remain in effect until January 1 of the year following the year in which theCommissioners Court repeals the waiver. An "elected" employer contribution rate adopted by theCommissioners Court that exceeds the Total Rate plus the additional rates for any optional rights,benefits and credits elected in Section IV, shall remain in effect until rescinded by the CommissionersCourt or the Total Rate exceeds the "elected rate" in a subsequent year. For the 2006 year, theCounty shall make employer contributions to the System at the employer contribution rate of

8.86 %'.

The employer contribution rate should equal either (a) or (b):

(a) the Total Rate shown on the Exhibit A for Year 2006, plus the sum of (if authorized):

1) the additional rate for the cost-of-living annuity benefit increase under Section 844.208 (CPI-Based Benefit Increase) or

Under Section 844.209 (F1at-Rate Benefit Increase); plus

2) the additional rate for 8-year vesting and retirement eligibility at age 60; plus

3) the additional rate for Rule of75 early retirement eligibility; plus

4) the additional rate for 20-year retirement eligibility at any age; plus

5) the additional rate for Partial Lump-Sum Payment (pLSp) option; plus

OR

(b) any percentage rate (e.g., 4%, 4.50%, 7%, 8%, 8.75%, 9.900/0, 11)1%,11%) that is equal to or greater than the minimum required

contribution rate computed in accordance with the instructions set out in Footnote 5a (immediately above). The County may

elect to contribute at a Total Rate in excess of 11% or at an "elected rate" in excess of 11% only if the County waives the

statutory maximum employer contribution rate limit in accordance with section 844.703(c). The waiver of the statutory

maximum employer contribution rate remains in effect until revoked by the commissioners court. If the County elects to

contribute at an "elected rate" above the Total Rate (includes any additional rates for plan changes), the "elected rate" will

remain in effecr until it is changed by a commissioners court order or the Total Rate exceeds the "elected rate" in a subsequent

year.

TCDRS. PO Box 2034 Austin, TX 78768. 800-823-7782· 512-328-8889· Fax 512-328-8887· www.tcdrs.orgPage 4 of60018

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•TEXASCOUNTY 6DIS'.leTRnlREMEMTSYSTEM

ORDER AMENDING A CURRENT VARIABLE-RATE PLANCounty. Revised 2005

V. Employer Contribution Rate (continued)

Election to Waive the Statutory Maximum Employer Contribution Rate Limit

Please note that the county judge must sign the following election, but ONLY IF:

1. The Commissioners Court is adopting optional rights, credits or benefits that produce an

employer contribution rate in excess of 11 %; or

2. The Commissioners Court is adopting an elected employer contribution rate in excess of 11%

(refer to footnote" on the previous page).

Effective January 1, 2006, the Commissioners Court elects to waive the statutory maximum employer

contribution rate limit as prescribed by Section 844.703(c).'

S~anue,Coun~Judge

VI. Other Participation Provisions ContinuedExcept as modified by this order, the orders previously adopted by the Commissioners Court relating to

participation in the System and in effect on December 31, 2005, are continued in effect.

6 Information regarding the waiver of the statutory maximum employer contribution rate can be found in the instructions or by contactingTCDRS.

TCDRS • PO Box 2034 Austin, TX 78768 • 800-823-7782 • 512-328-8889 • Fax 512-328-8887 • www.tcdrs.orgPage 5 of6

001.9

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ORDER AMENDING A CURRENT VARIABLE-RATE PLANCounty - Revised 2005

TEXASCOUNTY IiDIITRICTRnnlEMINT

SYSTEM

I, _C_O_N_N_IE_W_AD_E , Clerk of _G_R_E_G_G County and ex-officio Clerk of

the Commissioners Court, do hereby certify that the foregoing is a full, true and correct copy of: Order

Amending a Current Variable-Rate Plan, and of the official minutes pertaining to its adoption, as the same

appear of record in the official minutes of the Commissioners Court of the County.

Given under my hand and seal of office this 28th

of July ,200_5_.

day

County Clerk and Ex-Officio Clerk of the Commissioners Court

TCDRS • PO Box 2034 Austin, TX 78768 • 800-823-7782 • 512-328-8889 • Fax 512-328-8887 • www.tcdrs.org0020 Page 6 of 6

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ELEC 02091Prescribed by Secretary of StateSection 32.008, Texas Election Code 9/91

EXHIBIT E

ORDER OF APPOINTMENT FOR ELECTION JUDGESAND ALTERNATES

The Commissioners Court of Gregg County does hereby appoint the followingelection judges and alternate judges for a one year term to begin August 1, 2005and end July 31,2006.

Precinct #

PCT 1

PCT2

PCT3

PCT4

PCT5

PCT6

PCT?

PCT8

PCT 8-A

PCT9

PCT10

PCT 11

PCT12

PCT13

PCT14

PCT15

PCT16

PCT1?

PCT18

PCT19

PCT 20

PCT 21

PCT22

Presiding Judge Alternate Judge

MIKE CLOWERS

G.P. (TREY) SMITH

RUTH GRAY

LANDON E. OGILVIE

JOHN RAY

C. KYLE SMITH

GAIL LESTER

DOUGLAS HOWSER

CLiF MCWHERTER

BRIAN HOYLE

JAY MITCHELL

DAVID HAILEY

VERNON EASTEPP

CATHERINE RANKIN

SANDRAODOM

BRYAN JOHNSTON

JAY DEWITT

CALLIE ROBINSON

VINCENTIA WILLIAMS

LORENE MORRIS

ANNIE PALMER

ELLEN HERBERT

GLiNDERJONES

GLYN CRANE

CHARLES MOORE

GORDON WARD

LEILA TERRY

MARILYN E. DILLON

STEPHEN CRANE

GERALD VAN EIMEREN

DONNA ROSENBLUM

JERRY BOYDSTUN

JAMES L. COGAR

ROBERT S. NISBETT

RANDALL BEEMAN

ERNESTINE SAWYER

BOBBY R. PLAYER

OPAL CANSLER

VIKASVERMA

SANDRA BEAN HARRIS

JO ANN WALKER

PATRICIA KISER

SARAH ELIZABETH GRAY

NEAL FREY

BILL DANIEL

Central Counting Station ("Resolution Board")

Presiding Judge Alternate Judge

JEAN TAYLOR ZEPHYR LEE

It is hereby directed that this order be filed with the clerk of this court and that a copy begiven to the custodian of the election records for said county. The ElectionsAdministrator is hereby instructed to send notice of appointment to each election judgeof their appointment for a one year term beginning August 1, 2005 and ending July 31,2006 as stated above in accordance with Tex. Elec. Code. Ann. § 32.009, (Vernon,1986).

b~ctCounty Judge

~~o ty Comrnis . , Pct 1

County Comrnissioner, Pct 3

0021

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EXHIBIT F·

NOTICE OF PROPOSED INSTALLATIONPIPE AND/OR UTILITY LINES

DATE: ----1---'---=----- _7· 7· tS

GREGG COUNTY COMMISSIONERS' COURT

% Maintenance SuperintendentRoad and Bridge Department101 E. Methvin, Suite 110Longview TX 75601 .GREGG COUNTY TEXAS .Formal notice is hereby given that'-----ol_··.;:..-·.;;;.J<l--=:;;o..:t=--......."--'-H--"'.......,,~ _

proposes to place a J),.( k!,:;i:<.J..~(see below) as follows: 0-.+ 1'"'1 Y ~ /,..., tJ'

j\ ! 1...) c..-rLJ i (.,I' l

(; /';"'<; ,(,;,/!17 doline within the right of way of County

Ed . (~'v~.dr4: ,,",1/1 '; )

Road

The location and description of the proposed line and appurtenances is more fUlly shown by threecopies of drawings attached to this notice. The line will be constructed agd maintained on the countyright of way as directed by the Maintenance Superintendent in accordance with current Gregg Countyspecifications. Gregg County, Texas.shall not be responsible for any damages to said line.

Further, 1",';.A L~,~e<.s s..U)) ,agrees to hold Gregg County Texas harmlessfrom any and all claim~/ actions, causes of action demands, damages, costs, loss of service,expenses and compensation wnatsoever which may hereafter accrue on account of or in any waygrowing out of the l-cj ,:Xlv' line being in the right of wayof County Road 6 c,£"Th

·...,r/ll: -Construction of this line will begin on or after the """:; day of,_-=,-~+ __ ••200..!:?-.

FIRM:_~~~~~8- _

ADDRESS:,_.!LL..!=L6.....aJ.4-->oJ...~ _

PHONE: q 1) ], -) 3 J'-92'7'L00£2

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APPROVAL

Date_-'-- _July 28. 2005

TO West Gregg S.U.D.

8162 Hwy. 300

Gilmer. Texas 75644

The Gregg County Commissioners' Court offers no objection to the location on the right of way ofyour proposed 3/4" water ' 'line as shown byaccompanying drawings and notice dated July 7. 2005 except as noted below.

It is expressly understood that the Gregg County Commissioners' Court does not purport, hereby, to grant any right, claim,title or easement in or upon this county road. It is further understood that in the future should for any reason GREGGCOUNTY need to work, Improve, relocate, widen, Increase, add to, or in a~y manner change the structure of this right ofway, this line, if affected, will be moved under the direction of the GREGG COUNTY MAINTENANCESUP!:RINTENDENT and shall be r~located a the complete expense of the owner. GREG,G COUNTY shall under nocircumstances be responsible for any damages to said line:' ,

Aii work on the county right of way shall be performed in accordance with the COUNTY MAINTENANCESUPERINTENDENT instructions. On any approved prolect. the Maintenance Superintendent must be given noticeas to the exact date the work Is to begin. The installation shall not damage any part of the highway and adequateprovisions must be made to cause minimum inconvenience to traffic and adjacent owners. Special specifications forplacing this line are as follows:

1. All grou'ndlines are to be installed a minimum of 36" below the flow line of the adjacent drainage or barrow ditch. - .2. Ail excavations within the right of way and not under surfacing shall be backfil.led by tamping In 6" horizontal

layers. Ail surplUS material shall be' removed from the right of way and the excavation finished flush withsurrounding natural ground. -

3. Line crossing under surfaced roads and under surfaced crossroads within the right of way shall be placed byboring. Boring shall extend from crown line. GraVity flow server lines under roadways shall be cast iron pipe.

4. All lines under roads carrying pressure in excess of 50 psi shall be enclosed In satisfactory casing extending fromthe right of way line to right of way line. Pipe used for casing may be of any type approved by theMAINTENANCE SUPERINTENDENT and shall be capable of supporting load of roadbed and traffic and shall beso constructed that there will be no leakage of any matler through casing for its entire length. Inside diameter ofcasing shall be at least 2" greater than the largest diameter of carrier pipe, joints or couplings.

5. All lines, where practicable, shall be located to cross roadbed at approximately right angles thereto. No lines areto be installed under or within 50' of either end of any bridge. No lines shall be placed in any culvert or within 10'of the closest point of same. '

6. Parallel lines will be installed as near the right of way lines as is possible and no parallel line will be installed in theroadbed or between the drainage ditch and the roadbed without special permission of the MAINTENANCESUPERINTENDENT.

7. Overhead lines will have a minimum clearance of 18' above the road surface at the point of crossing.8. Operations along roadways shall be performed in such a manner that all excavated material be kept off the

pavements at all times, as well as all operating eqUipment and materials. No equipment or installation procedureswill be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed,structures or other right of way features as a direct result of this installation will be bome by the owner of this line. ' '

9. Barricades, waming signs and lights and flagmen when necessary, shall be provided by the contractor or owner.One haif of the traveled portion of the road must be open at all times.

APPROVED:~~a~, " : 'intance Superintendent

r 1;:--,\ ~I-Ot/ 002:\County Judge, Gregg County, TX

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/

9ftJ. 34wrL.LvJ .,

0024

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EXHIBIT G

ORDER

COU NTY OF _-"'-"-"'="-- _GREGG

§

§

THE STATE OF TEXAS

The Commissioners Court of GREGG County, Texas,convened at a meeting of said Court at the GREGG CountyCourthouse in the City of . LONGVIEW. , Texas, on the. ~ day of..July _' 20 05 ,with the following members present, to-WIt:

Bill StoudtCharles DavisDarryl Pr~moBob BarbeeDanny Craig

and the following members absent, to-wit:N/A , constituting a quorum, when among

other business, the following was transacted:

ORDER ADOPTING THE PROVISIONS OF § 34.0445, CIVIL PRACTICE& REMEDIES CODE AND § 34.015, TAX CODE, REQUIRINGFORECLOSURE SALE PURCHASERS TO SECURE WRITTENSTATEMENTS THAT THEY OWE NO PROPERTY TAXES AS ACONDITION PRECEDENT TO THEIR RECEIVING A SHERIFF'S ORCONSTABLE'S DEED.

Commissioner Bob Barbee introduced an orderand made a motion that the same be adopted. CommissionerCharles Davis seconded the motion for adoption of the order. Themotion, carrying with it the adoption of the order, prevailed by the following vote:

AYES: __ ;<-5 _

NAYS: 0ABSTENTIONS: --0----

The County Judge thereupon announced that the motion had duly and lawfullycarried and that the order had been duly and lawfully adopted. The order thusadopted follows:

WHEREAS, GREGG County, having a population ofless than 250,000, must, by virtue of Senate Bill 644, passed by the 79th

Legislature, affirmatively adopt the provisions of Section 34.0445, Civil

0025

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Practice and Remedies Code and Section 34.015, Tax Code, if the countywishes to have those provisions apply to it;

WHEREAS, Commissioners Court has determined that applying thoseprovisions is in the best interest of the citizens of this County;

NOW, THEREFORE,

BE IT ORDERED BY THE COMMISSIONERS COURT OFGREGG COUNTY, TEXAS THAT:

Section 1: THE RECITALS SET FORTH IN THIS ORDER ARE TRUEAND CORRECT.

Section 2: THE PROVISIONS OF SECTION 34.0445, CIVILPRACTICE AND REMEDIES CODE AND SECTION 34.015, TAX CODE,COPIES OF WHICH STATUTES ARE ATTACHED HERETO AS"EXHIBIT A" AND "EXHIBIT B", RESPECTIVEL Y, AND INCORPORA TEDHEREIN BY REFERENCE, ARE HEREBY ADOPTED BYGREGG COUNTY PURSUANT TO SENA TE BILL 644,PASSED BY THE 79TH LEGISLATURE, WITH AN EFFECTIVE DATE OFMA Y 17, 2005.

PASSED, APPROVED and ADOPTED this 28th day ofJuly , 20--"-05"---_.

GREGG

BY:---1-!::--~~~:.........:.----

County JudgeGREGGTexas

002~2

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CIVIL PRACTICE & REMEDIES CODE - CHAPTER 34 Page 1 of 1

EXHIBIT A

§ 34.0445. PERSONS ELIGIBLE TO PURCHASE REALPROPERTY. (a) An officer conducting a sale of real property underthis subchapter may not execute or deliver a deed to the purchaserof the property unless the purchaser exhibits to the officer anunexpired written statement issued to the person in the mannerprescribed by Section 34.015, Tax Code, showing that the countyassessor-collector of the county in which the sale is conducted hasdetermined that:

(1) there are no delinquent ad valorem taxes owed bythe person to that county; and

(2) for each school district or municipality havingterritory in the county there are no known or reported delinquent advalorem taxes owed by the person to that school district ormunicipality.

(b) An individual may not bid on or purchase the property inthe name of any other individual. An officer conducting a sale underthis subchapter may not execute a deed in the name of or deliver adeed to any person other than the person who was the successfulbidder.

(c) The deed executed by the officer conducting the salemust name the successful bidder as the grantee and recite that thesuccessful bidder exhibited to that officer an unexpired writtenstatement issued to the person in the manner prescribed by Section34.015, Tax Code, showing that the county assessor-collector of thecounty in which the sale was conducted determined that:

(1) there are no delinquent ad valorem taxes owed bythe person to that county; and

(2) for each school district or municipality havingterritory in the county there are no known or reported delinquent advalorem taxes owed by the person to that school district ormunicipality.

(d) If a deed contains the recital required by Subsection(c), it is conclusively presumed that this section was compliedwith.

(e)offense.

(f)other law,

A person who knowingly violates this section commits anAn offense under this subsection is a Class B misdemeanor.

To the extent of a conflict between this section and anythis section controls.

Acts 2003, 78th Leg., ch. 1010, § 1, eff. Sept. 1, 2003.

http://www.capitol.state.tx.us/statutes/docs/CP/content/htm!cp.002.00.000034.00.htm 8/19/2005----------_._ .... ~. __ ...._-_ .....

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TAX CODE - CHAPTER 34 Page 1 of3EXHIBIT B

§ 34.015. PERSONS ELIGIBLE TO PURCHASE REALPROPERTY. (a) In this section, "person" does not include a taxingunit or an individual acting on behalf of a taxing unit.

(b) An officer conducting a sale of real property underSection 34.01 may not execute a deed in the name of or deliver a deedto any person other than the person who was the successful bidder.The officer may not execute or deliver a deed to the purchaser ofthe property unless the purchaser exhibits to the officer anunexpired written statement issued under this section to the personby the county assessor-collector of the county in which the sale isconducted showing that:

(1) there are no delinquent taxes owed by the person tothat county; and

(2) for each school district or municipality havingterritory in the county there are no known or reported delinquent advalorem taxes owed by the person to that school district ormunicipality.

(c) On the written request of any person, a countyassessor-collector shall issue a written statement stating whetherthere are any delinquent taxes owed by the person to that county orto a school district or municipality having territory in thatcounty. A request for the issuance of a statement by the countyassessor-collector under this subsection must:

(1) sufficiently identify any property subject totaxation by the county or by a school district or municipalityhaving territory in the county, regardless of whether the propertyis located in the county, that the person owns or formerly owned sothat the county assessor-collector and the collector for eachschool district or municipality having territory in the county maydetermine whether the property is included on a current or acumulative delinquent tax roll for the county, the school district,or the municipality under Section 33.03;

(2) specify the address to which the countyassessor-collector should send the statement;

(3) include any additional information reasonablyrequired by the county assessor-collector; and

(4) be sworn to and signed by the person requesting thestatement.

(d) On receipt of a request under Subsection (c), the countyassessor-collector shall send to the collector for each schooldistrict and municipality having territory in the county, otherthan a school district or municipality for which the countyassessor-collector is the collector, a request for information asto whether there are any delinquent taxes owed by the person to thatschool district or municipality. The county assessor-collectorshall specify the date by which the collector must respond to therequest.

(e) If the county assessor-collector determines that thereare delinquent taxes owed to the county, the countyassessor-collector shall include in the statement issued under

0028http://www.capitol.state.tx.us/statutes/docs/TX/contentlhtmltx.001.00.000034.00.htm 8/19/2005

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TAX CODE - CHAPTER 34 Page 2 of3

Subsection (c) the amount of delinquent taxes owed by the person tothat county. If the county assessor-collector is the collector fora school district or municipality having territory in the countyand the county assessor-collector determines that there aredelinquent ad valorem taxes owed by the person to the schooldistrict or municipality, the assessor-collector shall include inthe statement issued under Subsection (c) the amount of delinquenttaxes owed by the person to that school district or municipality.

(f) If the county assessor-collector receives a responsefrom the collector for a school district or municipality havingterritory in the county indicating that there are delinquent taxesowed to that school district or municipality on the person'scurrent or former property for which the person is personallyliable, the county assessor-collector shall include in thestatement issued under Subsection (c):

(1) the amount of delinquent taxes owed by the personto that school district 01: municipality; and

(2) the name and address of the collector for thatschool district or municipality.

(g) If the county assessor-collector determines that thereare no delinquent taxes owed by the person to the county or to aschool district or municipality for which the countyassessor-collector is the collector, the county assessor-collectorshall indicate in the statement issued under Subsection (c) thatthere are no delinquent ad valorem taxes owed by the person to thecounty or to the school district or municipality.

(h) If the county assessor-collector receives a responsefrom the collector for any school district or municipality havingterritory in that county indicating that there are no delinquent advalorem taxes owed by the person to that school district ormunicipality, the county assessor-collector shall indicate in thestatement issued under Subsection (c) that there are no delinquentad valorem taxes owed by the person to that school district ormunicipality.

(i) If the county assessor-collector does not receive aresponse from the collector for any school district or municipalityto whom the county assessor-collector sent a request underSubsection (d) as to whether there are delinquent taxes on theperson's current or former property owed by the person to thatschool district or municipality, the county assessor-collectorshall indicate in the statement issued under Subsection (c) thatthere are no reported delinquent taxes owed by the person to thatschool district or municipality.

(j) To cover the costs associated with the issuance ofstatements under Subsection (c), a county assessor-collector maycharge the person requesting a statement a fee not to exceed $10 foreach statement requested.

(k) A statement under Subsection (c) must be issued in thename of the requestor, bear the requestor's name, include the datesof issuance and expiration, and be eligible for recording under

0029http://www.capito1.state.tx.us/statutes/docs/TX/content/htm/tx.001.00.000034.00.htm 8/19/2005

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TAX CODE - CHAPTER 34 Page 3 of3

Section 12.001(b), Property Code. A statement expires on the 90thday after the date of issuance.

(1) The deed executed by the officer conducting the salemust name the successful bidder as the grantee and recite that thesuccessful bidder exhibited to that officer an unexpired writtenstatement issued to the person in the manner prescribed by thissection, showing that the county assessor-collector of the countyin which the sale was conducted determined that:

(1) there are no delinquent ad valorem taxes owed bythe person to that county; and

(2) for each school district or municipality havingterritory in the county there are no known or reported delinquent advalorem taxes owed by the person to that school district ormunicipality.

(m) If a deed contains the recital required by Subsection(1), it is conclusively presumed that this section was compliedwith.

(n) A person who knowingly violates this section commits anoffense. An offense under this subsection is a Class B misdemeanor.

(0) To the extent of a conflict between this section and anyother law, this section controls.

Added by Acts 2003, 78th Leg., ch. 1010, § 2, eff. Sept. 1, 2003.

0030http://www.capitol.state.tx.us/statutesldocs/TX/contentlhtmltx.001.00.000034.00.htm 811912005

Page 31: GREGG COUNTY COMMISSIONERS' COURT AGENDAdestinyhosted.com/greggdocs/2005/CCREG/20050728... · 7/28/2005  · HELD: July 28, 2005 A regular meeting of the Commissioners' Court of Gregg

EXHIBIT HGREGG COUNTY BID PACKET FOR STRUCK OFF PROPERTY

INSTRUCTIONS

YOU MUST SUBMIT A COMPLETE BID OR IT MAY BE DISQUALIFIED

1. Do not disturb any occupants residing on the property.

2. Do not enter vacant structures.

3. Read carefully the general conditions for bidding.

4. Attach your cashier's check or money order equal to 10% of the amount ofyour bid. The 10% bid deposit is non-refundable if your bid is accepted.

5. Sign the bid.

6. The taxing entities reserve the right to reject any and all bids.

7. Submit your bid for each property in person to the Gregg County Tax Officelocated at the Gregg County Courthouse

101 East Methvin Suite 215Longview, TX 75601

Or

Submit your bid for each property in a sealed envelope by mail to thefollowing address: Gregg County Tax Office

P. O. Box 1431Longview, TX 75606Attn: Louise

8. All bids must be received no later than 12:00 noon on the last Wednesday ofthe month.

9. You need not be present at the bid opening.

10. All sales are subject to the approval of the county, school, city and/or districtwhich levy taxes on said property.

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Page 32: GREGG COUNTY COMMISSIONERS' COURT AGENDAdestinyhosted.com/greggdocs/2005/CCREG/20050728... · 7/28/2005  · HELD: July 28, 2005 A regular meeting of the Commissioners' Court of Gregg

11. When submitting a bid, initial and return all pages of this packet.

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GENERAL CONDITIONS FOR BIDSREAD CAREFULL Yl

The land and/or improvements described on the bid sheet shall hereinafter bereferred to as "the property".

The deed to the property will contain an acknowledgement that the propertyis subject to the prior owner's right of redemption, if any, and that theproperty is being purchased "as is" and "with all faults" and the taxing entitieshave no responsibility for the condition of the property and all sales are madewithout warranty, expressed or implied.

The Gregg County Tax Office assumes no responsibility for the accuracy ofany fact relating to the property for sale. All sales are "as is" to the successfulbidder on a "buyer beware" basis.

I understand that my bid will be returned if said bid is not accepted. TheGregg County Tax Office will return my deposit 30 days from the date my bidis rejected.

The balance due shall be paid by the successful bidder within 30 days ofacceptance by the last jurisdiction or deposit will be forfeited.

The successful bidder is also required to submit $30.00 deposit to be applied tothe filing fees for a new deed.

The taxing entities will not provide a title policy.

The Gregg County Tax Office makes no representations of any natureregarding the property, and this agreement represents the sole responsibilityof the Gregg County Tax Office regarding this property.

If your bid is accepted, the Gregg County Tax Office accepts no responsibilityfor any misrepresentations, failures of disclosure, errors or other negligent ofwrongful acts occurring to the context of or pertaining to the closing of thistransaction.

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Page 33: GREGG COUNTY COMMISSIONERS' COURT AGENDAdestinyhosted.com/greggdocs/2005/CCREG/20050728... · 7/28/2005  · HELD: July 28, 2005 A regular meeting of the Commissioners' Court of Gregg

The Gregg County Tax Office, by advertising this property, makes nowarranty concerning zoning or as to whether or not the property so advertisedcan be utilized for any purpose.

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AGREEMENT AND BID

By entering into this agreement, I hereby waive any rights I may have either now orin the future, to undertake any legal action against Gregg County for the failure of theGregg County Tax Office to properly advertise or notice the sale ofthis property or toproperly conduct the sale of this property.

I certify that I have no outstanding tax judgments or tax delinquencies in Gregg County.

Signature . _

Print Name _

Address _

City _ State Zip _

Telephone Social Security # _

Please print name(s) to appear on the deed:

I hereby submit my bid for the purchase of property # Cause # _

Property Description:

Bid Amount $ Include a cashier's check or money order equal to10% of the bid amount. Non-Refundable ifbid is accepted.

ALL BIDS MUST BE SIGNED BY HANDFOR ADDITIONAL INFORMATION CALL

GREGG COUNTY TAX OFFICE903-237-2552

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Page 34: GREGG COUNTY COMMISSIONERS' COURT AGENDAdestinyhosted.com/greggdocs/2005/CCREG/20050728... · 7/28/2005  · HELD: July 28, 2005 A regular meeting of the Commissioners' Court of Gregg

RETURN THIS PACKET TO THE GREGG COUNTY TAX OFFICE

Initial _

Tax Office Use Only:Received in tax office:Date: _Time: _By: _

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