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THE STATE OF TEXAS COUNTY OF ORANGE BE IT REMEMBERED that a Special Court Session was held on Monday, February 16, 2009 at 2:00 P.M. in the Commissioners Courtroom of the Orange County Administration Building with the following in attendance: Carl K. Thibodeaux, County Judge David Dubose, Commissioner, Precinct No. 1 Owen Burton, Commissioner, Precinct No. 2 John Dubose, Commissioner, Precinct No. 3 Beamon Minton, Commissioner, Precinct No. 4 The meeting was called to order at 2:08 P.M., Douglas Manning, Assistant County Attorney gave the invocation, Carl Thibodeaux led in the Pledge of Allegiance, and the following business was transacted, towit: Agenda items are in the order they were taken in the meeting. APPROVE MINUTES Motion made by John Dubose, seconded by Beamon Minton approving the minutes of the Regular Court Session held February 9, 2009, as circulated. 8. ACCEPT SALES Motion made by John Dubose, seconded by Beamon Minton that Orange County & USE TAX Commissioners Court has been informed by Orange County Emergency Services District RESOLUTION #3 about their intentions to have a sales and use tax within their jurisdiction and Commissioners Court has received a Resolution to place into the minutes of the Court. 1. EXTEND Motion made by John Dubose, seconded by David Dubose extending the depository contract DEPOSITORY between Orange County and Wells Fargo Bank and Orange County and Capital One Bank for CONTRACT a period of two years from June 1, 2009 through May 31, 2011 as recommended by the Committee. Voted AYE: David Dubose, Carl Thibodeaux, John Dubose and Beamon Minton. Voted NAY: Owen Burton. Motion Carried.

9. SIGN CERTI- Motion made by John Dubose, seconded by Beamon Minton authorizing the County Judge FICATION OF to sign the Texas Health and Human Services Commission Medicaid Hospital Supplemental PARTICIPATION Payment Program Certification of Governmental Entity Participation Agreement. A similar AGREEMENT certification form was signed by the County Judge May 30, 2007. However, the State of Texas has asked the County to sign a new certification. 10. RESOLUTION Motion made by John Dubose, seconded by David Dubose authorizing the Resolution of the Orange County Commissioners Court regarding participation in the Orange County Medicaid Upper Payment Limit Program. A similar resolution was approved by the Commissioners Court and signed by the County Judge on April 9, 2007. 2. BILLS PAID Motion made by David Dubose, seconded by Beamon Minton authorizing payment of bills approved by the County Auditor as per attested listings and also specifically as follow: a. $1,352,678.42 to Ashbritt Environmental from general fund (01.111.5519) to dry out various county buildings. b. $1,150.00 to Claybar Funeral Home from general fund (01.111.5403) for indigent funeral expenses. c. $1,150.00 to Memorial Funeral Home from general fund (01.111.5403) for indigent funeral expenses. GENERAL FUND $1,584,371.82 ROAD & BRIDGE 27,646.05 MOSQUITO CONTROL 1,477.82 ADULT PROBATION 619.80 OTHERS 1,543.56 ----------------------------------------------------- TOTAL FOR PAYMENT $1,615,659.05

3. AUDITOR S Motion made by Beamon Minton, seconded by John Dubose receiving the County Auditor s FINANCIAL financial report for fiscal year to date through December 31, 2008 into the minutes of the REPORT Court. 4. NO ACTION No action taken on discussion and possible action to protect the health, safety, welfare and property of citizens of Orange County, Texas affected by Hurricane Ike. 5. NO ACTION No action taken on discussion and possible action regarding the appointment of Orange County Members for the Board of Directors of the Sabine Neches Housing Finance Corporation. 6. APPOINT Motion made by Beamon Minton, seconded by John Dubose approving the list that was HISTORICAL previously submitted at the February 9, 2009 Commissioners Court Meeting along with Mark COMMISSION Dunn and Bruce Lockett for the appointment of the Orange County Members to the Orange MEMBERS County Historical Commission. 7. DISCUSSION Discussion on the current Fire Weather in Orange County. ONLY 11. GRANT Motion made by John Dubose, seconded by Beamon Minton granting a license exemption LICENSE from Rules for Junkyards, Automotive Wrecking and Salvage Yards adopted May 5, 2008 to EXEMPTION 62 Auto Salvage located at 4799 Winfree Rd., Orange TX 77630. This business became active prior to June 1, 1987. 12. FILE PLAT Motion made by Owen Burton, seconded by David Dubose filing the Bobcat Trails Phase II plat in accordance with the Orange County Subdivision Code. (See Maps Volume 11, Page 45)

13. FILE PLAT Motion made by John Dubose, seconded by David Dubose filing the amended plat of Beard Estates as approved by the City of Orange Planning and Zoning Department. (See Maps Volume 11, Page 46) 14. PURCHASE Motion made by John Dubose, seconded by Owen Burton authorizing the purchase of one (1) GRADALL Gradall XL3100 Boom Excavator at an estimated cost of $249,915.00 for the Road and Bridge Department utilizing the inter-local agreement with Houston Galveston Area Council (HGAC). This excavator has been approved as a capital outlay expenditure. 15. PURCHASE Motion made by Beamon Minton, seconded by John Dubose authorizing the purchase of one VEHICLES (1) 2009 Ford Crown Victoria at an estimated cost of $21,477.39 and one (1) 2009 Ford Explorer at an estimated cost of $22,678.62 for the Loss Control Department utilizing the inter-local agreement with Houston Galveston Area Council (HCAC) and including Asset #12177 (a 2003 Ford Crown Victoria), Asset #11845 (a 2001 Ford Crown Victoria) and Asset #10883 (a 1997 Ford Crown Victoria) as trade-ins toward the purchase. These vehicles have been approved as capital outlay expenditures. 16. COMMENTS Owen Burton asked the Court to consider placing a non-binding referendum for the cost of waste disposal on the ballot in November, 2009. Carl Thibodeaux commented that the time frame in which the general public will allow elected officials to use the phrase I m New, is about 90 days.

17. ADJOURN Motion made by John Dubose, seconded by Beamon Minton to adjourn the Commissioners' MEETING Court meeting. Carl Thibodeaux adjourned Court. Karen Jo Vance, County Clerk and Ex-Officio Clerk of the Commissioners Court By: Kevin LeBoeuf, Asst. Chief Deputy Carl Thibodeaux, County Judge * * * * * * *