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POLK COUNTY COMMISSIONERS COURT
August 12, 2025 Polk County Regional Health Building
10:00 AM Suite A
# 2025 - 032 Livingston, Texas
is hereby given that a regular meeting of the Polk County Commissioners Court
NOTICE will be held on the date stated above, at which time the following subjects will
be discussed;
Agenda Topics
(Persons wishing to provide Public Comment must complete and submit a Public Participation
Form to the County Clerk prior to the Call To Order).
** Please turn off (or mute) all cell phones and devices **
CALL TO ORDER * INVOCATION * PLEDGES OF ALLEGIANCE
PUBLIC COMMENTS
This item is included to allow public comments on topics relating to the business of the county. In
accordance with law, this Court cannot discuss, deliberate or take action on any item or topic not
listed on this agenda. Public comments requesting or requiring action or deliberation may be
scheduled on a future agenda. Each public comment will be limited to a maximum of 3 minutes,
unless a member of the Court requests additional time for the presenter. Any handout materials must
be reproduced prior to the meeting and furnished by the presenter. After the close of this portion
of the Agenda, public comment for the remainder of the Court session is no longer
appropriate or accepted unless specifically requested by a Member of the Court.
INFORMATIONAL REPORTS
This item is included on the Agenda to receive announcements from the Court members and/or
other Elected Officials and Department Heads of Polk County.
1. PROCLAMATION FOR POLK COUNTY JURY APPRECIATION DAY - AUGUST 25,
2025.
2. HOUSE BILL 1522 UPDATE: NEW POSTING REQUIREMENTS FOR
COMMISSIONERS COURT AGENDAS.
OLD BUSINESS
3. DISCUSS AND CONSIDER ANY AND ALL NECESSARY ACTION REGARDING BID
2025-23 FOR "PURCHASE OF TWO MOTOR GRADERS FOR ROAD & BRIDGE
PRECINCT 4" WITH TRADE-IN OF TWO 12H VHP MOTOR GRADERS, TO BE
FUNDED BY PRECINCT 4 FUND BALANCE.
NEW BUSINESS - CONSENT AGENDA
(The items listed within the Consent Agenda are deemed to be of a routine nature and are not
scheduled for individual consideration by the Commissioners Court. However, any member of the
Court retains the option to remove any one or more items from the Consent Agenda and to have the
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item/s individually considered).
4. APPROVE MINUTES OF PREVIOUS MEETING: July 29, 2025 (Regular Session)
5. APPROVE SCHEDULES OF BILLS.
6. APPROVE ORDER DESIGNATING SURPLUS PROPERTY.
7. RECEIVE AND RECORD PERSONNEL ACTION FORMS SUBMITTED BY ELECTED
OFFICIALS SINCE LAST MEETING.
8. RECEIVE AND RECORD DISTRICT JUDGES’ ORDERS SETTING FY2026
COMPENSATION FOR COUNTY AUDITOR, ASSISTANT AUDITORS AND (258TH &
411TH) DISTRICT COURT REPORTERS, COURT COORDINATORS, BAILIFFS
PURSUANT TO LOCAL GOVERNMENT CODE.
9. APPROVE “NO CHANGE” IN COUNTY ROAD & BRIDGE FEE ($10) AND CHILD
SAFETY FEE ($1.50) AUTHORIZED BY THE TEXAS TRANSPORTATION CODE, SEC.
502.401 – 502.403.
10. APPROVE SHERIFF’S AND CONSTABLES’ FEES EFFECTIVE JANUARY 1, 2025, AND
DIRECT NOTIFICATION TO STATE COMPTROLLER, PURSUANT TO TEX. LOC.
GOV’T COE 118.131.
11. ACCEPT PAYMENTS IN LIEU OF TAXES (PILT) IN THE AMOUNT OF $65,935.00.
12. ACCEPT AWARD OF SB224 CATALYTIC CONVERTER GRANT FROM THE MOTOR
VEHICLE CRIME PREVENTION AUTHORITY (MVCPA) IN THE AMOUNT OF $45,000
FOR THE POLK COUNTY SHERIFF'S OFFICE, AND AUTHORIZE $9,000
EXPENDITURE FROM THE SHERIFF'S ASSET FORFEITURE FUNDS FOR THE
REQUIRED COUNTY MATCH.
13. APPROVE SUBMISSION OF FY2026 RURAL LAW ENFORCEMENT GRANT
APPLICATIONS FOR THE DISTRICT ATTORNEY, SHERIFF, AND CONSTABLES'
OFFICES.
NEW BUSINESS - REGULAR AGENDA
14. CONSIDER APPROVAL OF PERSONNEL MATTERS, AS FOLLOWS:
A. PERSONNEL ACTION FORM REQUESTS SUBMITTED BY DEPARTMENT
HEADS SINCE LAST MEETING AND REVIEW OF ANY AUTHORIZED
EMERGENCY HIRING.
15. DISCUSS AND CONSIDER COUNTY AND DISTRICT CLERK REQUEST FOR HOTEL
OCCUPANCY TAX (HOT) MONIES FOR COUNTY & DISTRICT CLERK
ASSOCIATION OF TEXAS REGION 7 FALL CONFERENCE AT THE POLK COUNTY
COMMERCE CENTER.
16. REVIEW AND CONSIDER APPROVAL OF COUNTY INVESTMENT POLICY, AS
PRESENTED BY THE COUNTY TREASURER.
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17. DISCUSSION, CONSIDERATION AND APPROPRIATE ACTION REGARDING
SETTLEMENT TERMS WITH (1) PURDUE (AND CERTAIN OF ITS AFFILIATES) AND
THE SACKLER FAMILY, AND (2) SANDOZ, INC. (SANDOZ SUBDIVISION
SETTLEMENT), AND (3) ALVOGEN, AMNEAL, APOTEL, HIKMA, INDIVIOR,
MYLAN, SUN, AND ZYDUS (“ALVOGEN”), AND AUTHORIZING THE COUNTY
JUDGE OR OTHER AUTHORIZED OFFICIALS/REPRESENTATIVES TO EXECUTE
THE SETTLEMENT PARTICIPATION AND RELEASE FORMS REGARDING
SETTLEMENTS IN THE MATTER OF OPIOID MULTI-DISTRICT LITIGATION FOR
THE COUNTY IN THE MATTER OF IN RE: NATIONAL PRESCRIPTION OPIATE
LITIGATION, MDL NO. 1:17-MD-02804.
18. DISCUSS AND CONSIDER PROPOSED SOLAR FARM PLAN REVIEW FEE
SCHEDULE, AS PRESENTED BY THE FIRE MARSHAL.
NUISANCE ABATEMENT WORKSHOP
19. REVIEW PROCEDURES FOR NUISANCE ABATEMENT CLEANUP CASES.
BUDGET WORKSHOP
20. RECEIVE TAX ASSESSOR COLLECTOR’S 2025 (FY2026) NO-NEW-REVENUE AND
VOTER-APPROVAL TAX RATE CALCULATIONS AND VERIFICATION OF
COLLECTION RATE.
21. CONSIDER ANY AND ALL NECESSARY ACTION REGARDING PUBLIC HEARING
ON PROPOSED TAX RATE.
22. DISCUSS FY2026 BUDGET DEVELOPMENT.
23. DISCUSS AND CONSIDER APPROVAL OF CAPITAL PURCHASE PROJECTION
LISTING FOR THE FY2026 BUDGET.
24. CONSIDER REQUEST FOR CAPITAL PURCHASE OF TWENTY HANDHELD RADIOS
FROM L3 HARRIS FOR THE JAIL IN THE AMOUNT OF $35,394.50, TO BE PAID
FROM GENERAL FUND BALANCE AND INCLUDED ON THE FY2026
REIMBURSEMENT RESOLUTION FOR YEAR-END ISSUANCE OF LEGALLY
AUTHORIZED DEBT.
25. DISCUSS PAY SCALE AND LONGEVITY.
ADJOURN
I do hereby certify that the above Notice of Meeting of the Polk County Commissioners Court is a true
and correct copy of said Notice and that I posted a true and correct copy of said Notice in the Polk
County Courthouse at a place readily accessible to the general public during normal business hours on
Thursday, August 7, 2025, and that said Notice remained so posted continuously for at least 72 hours
preceding the scheduled time of said Meeting. This notice has also been posted on the official website of
Polk County, Texas (www.co.polk.tx.us).
Posted: August 7, 2025 at 1:45 PM By: Sydney Murphy, County Judge
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PROCLAMATION
OF THE POLK COUNTY COMMISSIONERS COURT
Designating Jury Appreciation Day in Polk County, Texas
WHEREAS, the right to atrial byjury is one ofthe core values ofAmerican citizenship with the
obligation and privilege to serve as ajurorrecognized as being as fundamental to our democracy as the
right to vote; and
WHEREAS, our courts depend upon citizens to serve as jurors and all citizens should be
encouraged to respond when summoned for jury service; and
WHEREAS, PolkCountywishedtoensurethatjury selection andjury service arefair, effective,
and not unduly burdensome on anyone; and
WHEREAS, oneofthemost significantactionsourjudicialsystemcantakeistoshowappreciation
for the citizens who give their time and talents to serve on Polk County juries; and
WHEREAS, PolkCounty anditscourtsare committed toeducating the publictheimportanceof
jury service;applaudingtheeffortsofjurors whofulfilltheircivicduty;ensuringthattheresponsibilityof
juryserviceisshared fairly; supportingcounty employeeswho arecalled uponto serve asjurors; ensuring
that alljurors are treated with respect and that their service is not unduly burdensome; providingjurors
withtools that will assisttheir decisionmaking; and continuingtoimprovethejury systembyencouraging
productive dialogue betweenjurors and court officials.
NOW, THEREFORE, the CommissionersCourtofPolk County doesherebyproclaimthattheday
of August 25, 2025, be designated "Jury Appreciation Day" in Polk County, Texas, to recognize the
important contributionofcitizens who serve.
Proclaimed on this 12th day ofAugust 2025.
»ydney/Mur^
County Judge
Polk County, Tbx^s
Attest: ^
S^helanaHock,CtRiriW Clerk
.. O •• . '(cid:127) '
^ 1 '-O'. ^
O(Seal) r- ' ;(cid:127) C:
^ • ,• •53 :
. ' .. j • J
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STATE OFTEXAS § DATE: July29,2025
REGULARMEETING
COUNTYOF POLK§ MILT PURVIS - ABSENT
COMMISSIONER'S COURT
AGENDA POSTING # 2025 - 031
Callto Order. *Invocation *PledgesofAllegiance
Beitrememberedonthis the29th day ofJuly 2025,the Honorable CommissionersCourt met in
"REGULAR"called meeting with the followingofficers and members present, to wit;
Honorable Sydney Murphy- CountyJudgepresiding,
Guylene Robertson- CommissionerPet#1,
MarkDuBose- CommissionerPet#2,
Jerry Cassity-CommissionerPet#4,
SchelanaHock - County Clerkand
Louis Ploth- County Auditor.
WELCOMED& CALLEDTOORDERAT 10:00AMBYJUDGESYDNEYMURPHY.
• INVOCATION LED BYROBERTMURPHYOFFIRSTBAPTISTCHURCH
PROVIDENCE.
• PLEDGESTOU.S. & TEXASFLAGS LEDBYSCHELANAHOCK.
PublicComments
RECEIVEDCOMMENTSFROMTYLEREPSTEINAND WENDYFRENCH.
InformationalReports
JUDGEMURPHYINFORMEDTHECOURTOFTHEPASSINGOF FORMERDISTRICT
JUDGEERNIEMCCLENDON.
NewBusiness- ConsentAgenda
JUDGEMURPHYNOTEDANADDENDUMTO#2 IN THEAMOUNTOF $350,126.78.
MOTIONEDBYMARKDUBOSE, SECONDEDBYGUYLENEROBERTSON,TOAPPROVE
THECONSENTAGENDAAS FOLLOWS: (ALL VOTINGYES)
I. APPROVEMINUTES OF PREVIOUS MEETINGS: July8,July 17AndJuly21,2025
(Regular/Special Sessions)
2.APPROVE SCHEDULES OF BILLS.
CHECK#
DATE AMOUNT FUND
DATE AMOUNT FUND CHECK#
6/6/2025 275,525.82 General ACH4539,4552,4556,4565
7/3/2025 60,608.83 General 311489-311509
7/8/2025 9,887.73 General 311568-311577
7/11/2025 39,477.39 General 311578-311589
7/11/2025 75.00 General 311598
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Polk County, Texas
ORDER
OF THE POLK COUNTY COMMISSIONERS COURT
Designating Surplus/Salvage Property and Disposition thereof
WHEREAS, in a regular meeting oft he Polk County Commissioners Court held August 12, 2025 certain item/s
as listed on Asset Management Forms attached hereto as Exhibit "A" were determined to be surplus/salvage
property as defined by Local Government Code, Chapter 263 Subchapter D, Section 263.151;
THEREFORE, the aforementioned item/s listed on Exhibit "A" of this Order are hereby designated as
Surplus/Salvage Property oft he County and shall be disposed ofin a Public Auction to be held online by the
County's contracted auctioneer and administered by the County Auditor;
BE IT FURTHER ORDERED, that any or all of the property listed on Exhibit "A" of this Order may be
destroyed as worthless ift he County undertakes to sell that property (by public auction) and is unable to do
so because no bids are made or the property is unclaimed by a successful bidder for a period of thirty (30)
days following the close oft he auction. In this instance, the Auditor sha11 properly note such disposition for
each item so destroyed.
CERTIFICATE OF THE COUNTY CLERK
The undersigned, being the County Clerk of Polk County, Texas, does hereby certify that this ORDER was
duly adopted by the Commissioners Court for Polk County on August 12, 2025.
IN WITNESS WHEREOF, I have affixed my signature and the official seal of the Polk County
Commissioners Court.
Schelana Hock, County Clerk
Polk County, Texas
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[PAGE 46]
August 12, 2025 Surplus Property Order
. EXHIBIT '' A" Page 1
- - -- - -
Polk County
Asset Management Form
Type of Transaction (check one) Transfer
Surplus/Salvage
Waste X
!
Date of Transaction 1-Aug-25
Inventory
Items Description of Equipment Serial Number Property Number
Traulsen 2 door warmer
Dept. Head Signature
Receiving Department
Dept. Head Signature
DISPOSITION OF ASSET IF SURPLUSED OR SALVAGED:
Copy to Transferring Dept., Receiving Dept., Maintenance Engineering and County Auditor
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[PAGE 47]
JULY 30, 2025 TO AUGUST 12, 2025
TYPE OF GROUP STEP &
NO. EMPLOYEE DEPT JOB DESCRIPTION EMPLOYMENT WAGE ACTION TAKEN
(1) LINDSAY SARA COUNTY 105 REGULAR 108/3 TRANSFER TO HR, LABOR POOL, $14.98
MESSNER TREASURER DEPUTY CLERK FULL-TIME $34,072.00 EFFECTIVE 8/1/2025
(2) DYLAN JAIL 1055 REGULAR 211/1 NEW HIRE
ROSIER CORRECTIONS OFFICER FULL-TIME $41,430.00 EFFECTIVE 8/4/2025
(3) JUAN JAIL 1055 REGULAR 211/1 NEW HIRE
MERINO CORRECTIONS OFFICER FULL-TIME $41,430.00 EFFECTIVE 8/4/2025
(4) PAUL JAIL 1055 REGULAR 211/3 NEW HIRE
TOLLY CORRECTIONS OFFICER FULL-TIME $43,169.00 EFFECTIVE 7/30/2025
(5) RASHIDA JAIL 1055 REGULAR 211/1 NEW HIRE
HOPKINS CORRECTIONS OFFICER FULL-TIME 41,430.00 EFFECTIVE 8/13/2025
(6) MATTHEW SHERIFF 1043 REGULAR 111/1 NEW HIRE
JACKSON TELECOMMUNICATIONS FULL-TIME $37,230.00 EFFECTIVE 8/11/2025
(7) RICHARD ROAD & BRIDGE 108 REGULAR 112/5 NEW HIRE
HOCK PRECINT 2 HEAVY EQUIPMENT OPERATOR FULL-TIME $42,687.00 EFFECTIVE 8/25/2025
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
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[PAGE 48]
THE STATE OF TEXAS § IN THE DISTRICT COURTS OF
COUNTY OF POLK § POLK COUNTY, TEXAS
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, John Wells ill, Judge of the 411t l, Judicial District and Travis E. Kitchens, Jr., Judge of the
258th Judicial District in and for Polk County, Texas in accordance with Section 152.031, Title 5, of the
Local Government Code, after a public hearing held on August 4, 2025, notice having been duly
published in a newspaper of general circulation in Polk County, set the compensation levels, to be paid in
twenty-six equal payments, for the following positions in Polk County for the budget and fiscal year
commencing October 1, 2025 and closing September 30, 2026.
Sueh salary for the County Auditor and for the Assistant County Auditors will be increased by the same
percentage as any cost of living and travel allowance increases granted to Polk County employees during
the fiscal year 2026 budgeting process.
Position
County Auditor - Louis Pioth $85,000.00
1s , Assistant County Auditor - Stephanie Dale $71,072.22
Assistant County Auditor - Shana Jackson $49,249.19
Assistant County Auditor - Charlene Coleman $44,693.92
Assistant County Auditor - Sharon Sommers $37,084.19
Assistant County Auditor - Danette Adams $33,948.65
This order shall be recorded in the minutes of the 25gt1, and 411 th Judicial District Courts of Polk County,
Texas, by the District Clerk of said county, and said clerk shall furnish to the Commissioners Court of
said county, a certified copy of this order for its observance and shali be recorded in the rninutes of the
Commissioners Court of Polk County, Texas.
WITNESS OUR HANDS THIS 4th DAY OF AUGUST 2025. ..
J;_'(~0
Travis E. Kitchens, Jr. District Judge
exas
sill, District Judge
411 th Judicial District of Texas ' ;
Attest:
t!jp---...
~Jy.
BobbyfChristopher, District Clerk )
.)
_J
Schelana Hock, County Clerk
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[PAGE 49]
STATEOFTEXAS }
COUNTY OF POLK }
In accordance with and pursuant to Article 52.051 and 52.054 of the Government Code of
Vernon's Texas Codes Annotated of the State of Texas, the salary of Lianne Mueck,
Official Comi Coordinator of the 258th Judicial Court of Texas, composed of Polk, San
Jacinto and Trinity Counties is hereby ordered to be $57,052 effective with the amrnal
fiscal period beginning October 1, 2025. Such salary is to be spread over twenty-six equal
installments and each county is to be billed its respective share on a pro rata basis.
Such salary po1iion paid by Polk County will be increased by the same percentage should
any other increases be granted to Polk County employees during the fiscal year 2026
budgeting process.
This order shall be recorded in the minutes of the 258th Judicial District Court of Polk
County, Texas, by the District Clerk of said county, and said clerk shall furnish to the
Commissioners Court of said county, a certified copy of this order for its observance and
shall be recorded in the minutes of the Commissioners Court of Polk County.
A copy of this order is also to be filed with the District Clerk in each of said counties and
it is hereby ordered that this Order be spread upon the minutes of the courts in said
counties.
r· 1
.-, .
. .
J
Travis E. Kitchen:~.k, District J1!dge.
i
258th Judicial District of Tex1s ~ :.~ ·'
I ~0 J
i
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[PAGE 50]
STATE OF TEXAS }
COUNTY OF POLK }
In accordance with and pursuant to Article 52.051 and 52.054 of the Government Code of
Vernon's Texas Codes Annotated of the State of Texas, the salary of John Spillman,
Official Bailiff of the 258th Judicial Court of Texas, composed of Polk, San Jacinto and
Trinity Counties is hereby ordered to be $58,735 and annual law enforcement certificate
pay of $1,800 effective with the annual fiscal period beginning October 1, 2025. Such
salary is to be spread over twenty-six equal installments and each county is to be billed its
respective share on a pro rata basis.
Such salary portion paid by Polk County will be increased by the same percentage should
any other increases be granted to Polk County employees during the fiscal year 2026
budgeting process.
This order shall be recorded in the minutes of the 258th Judicial District Court of Polk
County, Texas, by the District Clerk of said county, and said clerk shall furnish to the
Commissioners Court of said county, a certified copy of this order for its observance and
shall be recorded in the minutes of the Commissioners Court of Polk County.
A copy of this order is also to be filed with the District Clerk in each of said counties and
it is hereby ordered that this Order be spread upon the minutes of the courts in said
counties.
<~k_ _x .1-/-i .
~ - ~ ¥(_~;
. { :.,__ l
Travis E. KitchensJr~ D1stnpt Jgpg~i ;~
253th Judicial District of Texas :
J
I
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[PAGE 51]
STATE OF TEXAS }
COUNTY OF POLK }
In accordance with and pursuant to Article 52.051 and 52.054 of the Government Code of
Vernon's Texas Codes Annotated of the State of Texas, the salary of Larry Pitts, Official
Bailiff of the 411 th Judicial Court of Texas, composed of Polk, San Jacinto and Trinity
Counties is hereby ordered to be $ t.l 'f) &'f 8 and annual law enforcement certificate pay
not to exceed $1,800 effective with the annual fiscal period beginning October 1, 2025.
Such salary is to be spread over twenty-six equal installments and each county is to be
billed its respective share on a pro rata basis.
Such salary portion paid by Polk County will be increased by the same percentage should
any other increases be granted to Polk County employees during the fiscal year 2026
budgeting process.
This order shall be recorded in the minutes of the 411 th Judicial District Court of Polk
County, Texas, by the District Clerk of said county, and said clerk shall furnish to the
Commissioners Court of said county, a certified copy of this order for its observance and
shall be recorded in the minutes of the Commissioners Court of Polk County.
A copy of this order is also to be filed with the District Clerk in each of said counties and
it is hereby ordered that this Order be spread upon the minutes of the courts in said
counties.
ells III, District Ju~g~
411t h Judicial District ofT,exas
. ~<::~:·
G.)
Ul r,1 .,
::co _.:
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[PAGE 52]
STATE OF TEXAS }
COUNTY OF POLK }
In accordance with and pursuant to Article 52.051 and 52.054 of the Government Code of
Vernon's Texas Codes Annotated of the State of Texas, the salary of Elizabeth Cooksey,
Official Court Coordinator of the 411 th Judicial Court of Texas, composed of Polk, San
Jacinto and Trinity Counties is hereby ordered to be $ ~8 lcll effective with the
annual fiscal period beginning October 1, 2025. Such s-;iad, is to be spread over twenty
six equal installments and each county is to be billed its respective share on a pro rata
basis.
Such salary portion paid by Polk County will be increased by the same percentage should
any other increases be granted to Polk County employees during the fiscal year 2026
budgeting process.
This order shall be recorded in the minutes of the 411 th Judicial District Court of Polk
County, Texas, by the District Clerk of said county, and said clerk shall furnish to the
Commissioners Court of said county, a certified copy of this order for its observance and
shall be recorded in the minutes of the Commissioners Court of Polk County.
A copy of this order is also to be filed with the District Clerk in each of said counties and
it is hereby ordered that this Order be spread upon the minutes of the courts in said
counties.
, Wells, III, Distri?t Jijefg~,i
411 th Judicial District pfTexasl
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[PAGE 53]
STATE OF TEXAS }
COUNTY OF POLK }
In accordance with and pursuant to Article 52.051 and 52.054 of the Government Code of
Vernon's Texas Codes Annotated of the State of Texas, the salary of Wendy Wilkerson,
Official Court Reporter of the 411 th Judicial Court of Texas, composed of Polk, San
CJJ 487
Jacinto and Trinity Counties is hereby ordered to be$ effective with the
1
annual fiscal period beginning October 1, 2025. Such sala'ry is to be spread over twenty
six equal installments and each county is to be billed its respective share on a pro rata
basis.
Such salary portion paid by Polk County will be increased by the same percentage should
any other increases be granted to Polk County employees during the fiscal year 2025
budgeting process.
This order shall be recorded in the minutes of the 411 th Judicial District Court of Polk
County, Texas, by the District Clerk of said county, and said clerk shall furnish to the
Commissioners Court of said county, a certified copy of this order for its observance and
shall be recorded in the minutes of the Commissioners Court of Polk County.
A copy of this order is also to be filed with the District Clerk in each of said counties and
it is hereby ordered that this Order be spread upon the minutes of the courts in said
counties.
-J' Wells III, Distric:t Juc;lge ·
411 th Judicial District!offeias
~ !-. ·'~, i
.J
'
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Motor Vehicle Crime Prevention Authority
FY2026 Grant Award Notification
Application Review and Request to Negotiate
July 25, 2025
Greetings:
The Motor Vehicle Crime Prevention Authority (MVCPA) met on July 18, 2025, and issued an FY2026 SB 224 Catalytic Converter
Grant Award to Polk County in response to the application that was submitted by Sydney Murphy at 5/19/2025 8:17:13 AM.
FY26 Grant Award Amount $45,000
Grant Amount Requested $45,000
Difference between request and award amount is $0
Proposed FY2026 Cash Match in Application $9,000
Minimum Amount of Cash Match Required to receive this Award $9,000
Polk County submitted the original grant applications in the on-line system at https://mvcpa.tamu.edu/. There may be some
errors, omissions, corrections or other information that must be edited prior to the Statement of Grant Award being issued.
A grantee representative must log back into the on-line system at https://mvcpa.tamu.edu/, select the CC Negotiation Link and
make edits. In addition, there are issues identified by MVCPA Board members and staff during the review that the Applicant
must address:
Required Corrections or Deletions
• None
Score Table
The table below provides the score review section, the corresponding application sections, the points available for each
section and the submitted grant application score:
Points Section
GRANTEE Grant App Section Reviewed to Score
Available Score
Q1. Budget R&A Grant Budget Form 4 3.25
Q2. Budget Match Grant Budget Form 3 1.75
Q3. Budget Explained Grant Budget Form 3 2.25
Q4. Reasonable/Realistic/Timely Grant Goals and Activities Part 1 Section 3.1 3.4, 3.6, and 3.7 4 1.75
Q5. Awareness/Crime Prevention Grant Goals and Activities Part 1 Section 3.4 3 2.75
Q6. Avoid Overlap/Collaboration Grant Goals and Activities Part 1 Section 1.2 and 3.6 3 2.5
Q7. Evaluation Grant Problem Statement Part 2 Section 4.1 and 4.2 4 3
Overall Total from Score System
24 17.25
(may not total as presented)
Dark Green= Excellent
Green = Good
Yellow = Marginal
Red = Poor
4000 Jackson Avenue – Austin, Texas 78731 – 512/465-1485 – Fax 512/465-3775
www.txwatchyourcar.com
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[PAGE 58]
Instructions
Please log in to https://mvcpa.tamu.edu/ and select under Catalytic Converter Grant the CC Negotiation link. You may then edit
the document and make required or needed changes. Specific budget line items that must be modified or have questions
answered will be colored yellow in the budget line item edit screens (click on blue budget category items link to see specific line
items of costs). You may schedule a teleconference appointment with MVCPA staff by sending an e-mail to
grantsMVCPA@txdmv.gov to discuss any issues or request assistance with the grant application, required changes, or the
negotiation process.
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[PAGE 61]
JULY 30, 2025 TO AUGUST 12, 2025
TYPE OF GROUP STEP &
NO. EMPLOYEE DEPT JOB DESCRIPTION EMPLOYMENT WAGE ACTION TAKEN
(1) NEVA HUMAN 102 LABOR 107/(1) TRANSFER TO EMG MGMT, #103, 109/1, $34,047
JACKSON RESOURCES SECRETARY POOL $14.98 EFFECTIVE 8/25/2025
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
Page 61 of 130

[PAGE 62]
NO: IN 01411
From:
COAT Region 7 Polk County Commerce Center
PO Box 1934
Livingston, TX 77351
Date: June 25, 2025
Description Qty Price Total
Small Meeting Room Rental Fee 1 $1,000 $1,000
Sub Total $1,000
Payment Information:
Polk County Commerce Center I
PO Box 1934
-
Livingston, TX 77351
Page 62 of 130

[PAGE 63]
POLK COUNTY COMMERCE CENTER
PO Boxl934
Livingston, TX 77351
(936) 933-5852
Rental Fees;
__ D
Auditorlum-$2,500 {includes auditorium, two dressing rooms, catering kitchen, table/chair setup to
accommodate 240 people. Does not cover Concerts).
--Jd
Meeting Room A-$300 {Includes catering kitchen)
--Jll
Meeting Room B-$300 (Includes catering kitchen)
__ D
Meeting Room C-$200 {Includes catering kitchen)
__ D
Meeting Room D-$200 {Includes catering kitchen)
~ Rental Deposit-SO% of room rental fee (this fee will be applied toward your rental fee)
___ j
Damage Deposit-SO% of room rental fee {this is separate from the rental deposit and not applied toward your
rental fee)
__ D
Cleaning Fee for Auditorium-$350
__ )d'
Cleaning Fee, per room, for Meeting Room A, B, C, D-$100
__ D
Security Fee-$50 per hour, per officer, with a minimum of 4 hours. Please read contract for the required
amount of security for events {security will be arranged by the Commerce Center Staff).
__
□Telescopic Seatlng-$150
__ D
Additional event setup fee-Varies (anything above 30 tables with 8 chairs each)
__ D
Additional rental hours-$50 per hour
__ Oconcert Rental-$2,000 (Includes auditorium, two dressing rooms, catering kitchen, does not include table/chair
setup)
__ D
Concert Floor Chair Setup-$100 per 100 chairs. Chairs are positioned In Increments of 100. Maximum of 400
chairs.
__ D
Concert Cleaning Fee-$500
'1J /, 00 0 {inc-~ $3ob i:;(.._M«1a,.~6;-;-)
Total Rental Fees Due: S-
R~
1/JY),::ri C/0/4sb~~ PftT-R~·(/1') 7
Type of Event: Q
t /
/b / Z~f'
Event Date:
I I
Hours of Rental: 7qM ~ f bpM
Page 63 of 130

[PAGE 64]
POLK COUNTY COMMERCE CENTER
PO Box1934
Livingston, TX 77351
(936) 933-5852
5-;c... J is;
This Agreement, made and entered into this the 1, day of /Al. 20 by and between the Polk
m(lrce C~ter, acting by and through Its Board of Directors hereinafter called l.essor, and,
d.1l11L:..~?gJ!QrL"/L ___ _, hereafter called Lessee, and in consideration of the covenants and agreements, the
Lessor does ereby grant unto the Lessee the right to use and occupy the following described spaces, facilities and
premises located in the City of Livingston, County of Polk, Texas, to wit:
Rental Agreement as follows:
Rental Deposit:
Lessee hereby covenants and agrees to pay to Lessor half of the rental lease fee upon signing of contract. The remaining
payment is due sixty (60) days prior to the scheduled event. If an event is scheduled within sixty (60) days of the
scheduled event, full payment Is due upon signature of contract. The payment of rental deposit will secure Lessee's
event date.
Cancellation:
The full amount of the lease fee will be refunded for any written cancellation made within sixty (60) days prior to the
scheduled event. If written cancellation notice is given thirty (30) days prior to the scheduled event, the Lessee will
forfeit half of the lease fee. The event Is subject to cancellation should the payment not be made In a timely manner.
The Polk County Commerce Center Is a dedicated shelter in the event of a natural disaster. If the Commerce Center is to
be open for sheltering purposes the event will be cancelled and client will be refunded in full for cancellatfon.
Damage Deposit:
The damage deposit fee Is necessary for ail social events, tradeshows and organization meetings. The damage deposit
fee is due at the time the lease contract is signed. This is a separate fee to ensure that the premises are left in good
condition and the terms of the contract are met, It Is not payment towards the lease fee. Damage deposits are
refundable after the event, so long as no damage has been done and all conditions of the contract have been met. In the
event that the cost of repair for the damage exceeds the Lessee's damage deposit, the Lessee will be responsible for the
additional cost of repairs. Damage deposits are refundable within thirty {30) days following the event and will be malled
to the Lessee at the address indicated on the lease contract.
The Polk County Commerce Center's authorized agent will do a walk through after the event. If there are damages or a
failure to clean up, (picking up trash and leaving the facilities the way you found them) the Polk County Commerce
Center's authorized agent, will advise lessee as to what needs to be done to secure a refund of Lessee's deposit.
Forms of Payment:
The Polk County Commerce Center accepts cash, checks and credit cards.
Page 64 of 130

[PAGE 65]
POLK COUNTY COMMERCE CENTER
PO Box 1934
Livingston, TX 77351
(936) 933-5852
Alcohol:
Any event wishing to have alcoholic beverages, served or sold, must obtain the proper licensing from the Texas Alcoholic
Beverage Commission. Any licensing or certificates issued by TABC must be provided to the Polk County Commerce Staff.
For information on licensing and certificates, please visit www.tabc.texas.gov, or call, 713-426-7900. The Texas Alcoholic
Beverage Commission will inform you as to what kind of licensing or certificate Lessee will, or will not, be needed for
event.
Security:
Any event serving alcohol will require security.
Large alcohol-related events will require a minimum of two security officers. One for the auditorium and one to
supervise the hallways and exterior of the building. Security shall be determined by the Polk County Commerce Center
Director, who at her discretion, may add security to any event as seen necessary.
Rate fees for security are subject to change within six months prior to or following signing the contract, with fees being
adjusted accordingly. The current security fee is $50 per hour, per officer, with a four hour minimum.
When security is required, the Lessor is responsible for securing payment of all required security for said event sixty (60)
days prior to the date of the event; failure to pay within the 60 days stipulation will result in cancellation of the event.
Security will be scheduled/coordinated by the Polk County Commerce Center. Security fees must be paid in full to the
Polk County Commerce Center as part of the total contract cost prior to the event.
Premises:
No unauthorized person will be allowed to use the sound equipment at the Polk County Commerce Center. A technician
must be hired from an approved list that will be provided to the Lessee by the Lessor. Lessee will be responsible for
arranging the hiring of the technician and payment of the technician. The Polk County Commerce staff will not handle
slideshows, videos or sound for the Lessee.
Lessee may hire a DJ for their event. The DJ will provide all the necessary sound equipment needed for the event.
Any event requiring the use of more than 110-volt electricity, is required to have a Master Electrician to connect the
equipment to the Polk County Commerce Center's electrical equipment. It is the responsibility of the Lessee to provide,
said Master Electrician.
All decorations must be flame retardant. No spray painting, or attaching or hanging anything (i.e. lights, decorations,
signs, banners, etc.) to the draperies, wall areas or ceilings in any of the event areas. Lessee will not cause or permit any
nails, staples or other things to be driven into any portion of the Polk County Commerce Center, nor any signs to be
affixed to the exterior or interior of the building.
Page 65 of 130

[PAGE 66]
POLK COUN'TY COMMERCE CENTER
PO Box 1934
Livingston, TX 77351
(936) 933-5852
Lessee may not store any event decorations at the Polk County Commerce Center.
No open-flame cooking will be permitted Inside the Commerce Center. Cooking Is only allowed In the parking lot area.
Your rental fee Includes set-up of up to 30 tables with 8 chairs at each table, This set-up will accommodate 240 people.
If additional tables and chairs are requested, an additional rental fee of $10.00 per table will be charged. If only
additional chairs are needed at each of the 30 tables, you will be charged $1.00 per chair. If the set-up requires the
telescopic seating, there will be an additional $150.00 charged. With chairs placed on the floor concert style, your rental
Includes placement of 300 chairs. Only 400 total may be placed on the floor for concert seating with the telescopic
seating setup as well. If an additional 100 chairs are needed, a fee of $50.00 wlll be charged. Rectangular tables are
available for food, etc. at no extra charge.
The Polk County Commerce Center will do a one-time set up per your request. If changes are made, you may reposition
the chairs and tables yourself. If the Polk County Commerce Center is asked to reposition the chairs or tables, there Is a
repositioning fee of $200.
Lessee Is expected to leave the facilities the way you found them. Lessee Is responsible for disposing of all trash that
resulted from the event. All trash must be removed from the event areas, kitchen and dressing rooms. Lessee Is not
responsible for removing trash from the restrooms. A dumpster Is available at the back of the building, In the fenced
area, to place your trash. Trash bags will be provided by the Lessor. Place all trash in a designated dumpster. Failure to
remove trash from the building will result in damage deposit fee not being refunded to Lessee.
The halls, ramps, sidewalks, entrances or lobby of the building shall not be obstructed by Lessee nor used for any other
purposes than Ingress or egress, and Lessee will not permit any chairs or moveable seat to be or remain in the in the
passageways, and will keep such passageways clear at all time.
Lessor, through Its Commerce Center Director, police officers, firemen and other designated representatives, shall have
the right at any time to enter any portion of the premises for any purpose whatsoever and the entire Commerce Center
building and facllltles, Including the premises expressly covered by this Agreement, shall at all time be under the charge
and control of the Commerce Center Director, or her authorized agent.
Lessee shall not assign this Agreement or any part hereof, nor suffer any use of said premises other than herein
specified, without the written consent of Lessor. If the Lessee shall fail for any reason to take possession of, or use the
premises, no rent refund shall be made.
The Lessee accepts such premises as suitable for the purposes for which same are leased and accepts the building and
each and every appurtenance thereof, and waives defect therein and agrees to hold Lessor harmless from all claims for
any such damage,
Page 66 of 130

[PAGE 67]
POLK COUNTY COMMERCE CENTER
PO Box 1934
Livingston, TX 77351
(936) 933-5852
Items Banned From Polk County Commerce Center:
1. Smoking inside the building.
2. Fog machines (If one Is used, a fine of $500.00 will be deducted from your damage deposit)
3. Confetti of any type and thrown glitter or open containers of glitter.
4. Free burning candles.
5. Gum.
6. Anything attached to the walls or ceilings.
7. Sparklers.
8. Unsupervised children In the hallways or auditorium.
9. Pyrotechnics/Fireworks.
10. Feathers used for decorating or boas worn around the neck.
11. Live animals (does not include service animals).
If any of the above are found to have been violated during the course of the event, a fine will be assessed against your
damage deposit refund in an amount determined by the Polk County Commerce Center's Authorized Agent on site. The
amount will be based on the cost to clean up or repair the damage caused by the banned actions and Items.
To the fullest extent permitted by law, lessee shall Indemnify Lessor, Lessor's agents, its affiliates, and the respective
Directors, officer, agents, and advisors including attorneys, accountants, and experts (each such Person, and
"lndemnitee") against, and defend and hold each lndemnltee harmless from any and all losses, claims, damages,
penalties, liablllt1es and related expenses , including attorney fees for each lndemnitee, Incurred by or asserted against
any lndemnitee arising out of, In connection with, or as a result of the execution or delivery of this agreement, the
performance by the parties to this agreement or any applicable law, any inaccuracy of any representation or breach of
warranty In this agreement, and any actual or prospective claim, litigation, investigation or proceeding relating to any of
the foregoing whether based on contract, tort, or any theory and regardless of whether any lndemnitee Is a party to this
agreement. This indemnity shall extend to each lndemnltee notwithstanding the sole or concurrent negligence of any
kind or character, including gross negligence or willful misconduct of an lndemnitee, or by reason of strict liability
Imposed without fault on any one or more of the lndemnitees.
lessee's Signature Date Rachel Slocomb Drake, Director Date
Polk County Commerce Center
936-933-5852
PLEASE LIST ALL CONTACT INFORMATION BELOW:
Name: ______________
Address: _____________
Phone ff: ____________
Page 67 of 130

[PAGE 68]
INVESTMENT POLICY
FOR THE
COUNTY OF POLK
LIVINGSTON, TEXAS
August 2025
Page 68 of 130

[PAGE 69]
INVESTMENT SCOPE
1.01 GENERAL STATEMENT:
This investment policy, when reviewed and adopted by the Polk County
Commissioners Court, on August 12, 2025, will replace any and all previously
adopted investment policies. This investment policy satisfies the statutory
requirements of the Public Funds Investment Act. (Government Code, Chapter
2256).
1.02 LEGAL AUTHORITY TO INVEST:
This investment policy applies to the investment activities of the County of Polk,
Livingston, Texas. This policy serves to satisfy the statutory requirements of
Local Government Code 116.112 and Government Code Chapter 2256 to define
and adopt a formal investment policy. This policy will be reviewed and adopted
by the Commissions court Order at least annually according to Section 2256.005
(e).
1.03 FUNDS INCLUDED:
This investment policy applies to all financial assets of all selected funds of the
County of Polk, Livingston Texas at the present time and any funds to be created
in the future and any funds held in custody by the County Treasurer shall be
administered in accordance with the provisions of these policies, unless expressly
prohibited by law or unless it is in contravention of any depository contract
between Polk County and any depository bank.
1.04 FUNDS INVESTED WITH AUTHORIZED INVESTMENT POOLS:
This investment policy does not supersede the investment policy of an authorized
investment pool (under Sec. 2256.016) that Polk County, by order and/or
resolution, has authorized investment with, such as Texpool, Texpool Prime, and
MBIA Texas Class. Investment pools must now make their annual audited
financial statements available to the investor to be an eligible pool.
2.0 INVESTMENT STRATEGY
2.01 Polk County Cash Funds to be invested, but not limited to, are as follows:
(PLEASE SEE EXHIBIT-A FOR LIST OF FUNDS:
In accordance with the Public Funds Investment Act 2256.005 (d), a written
investment strategy shall be developed for each of the funds under the county's
control. The following strategy will apply for each of the funds listed in
Page 69 of 130

[PAGE 70]
EXHIBIT-A using the following priorities of importance: (a) understanding of
the suitability of the investment to the financial requirements of the County; (b)
preservation and safety of principal; (c) liquidity; (d) marketability of the
investment if the need arises to liquidate the investment before maturity;
(e) diversification of the investment portfolio; and (f) yield. This fulfills the
requirement as stated in the Govermnent Code 2256.005.
(1) All funds to be invested and under the control of the County Investment
Officer, unless otherwise invested, will be transferred from the depository
bank account to it's individual investment account in a PUBLIC FUNDS
INVESTMENT POOL, currently, TEXPOOL and TEXAS CLASS.
(2) While at TEXPOOL or TEXAS CLASS, each fund is invested until
money is needed to cover the fund's expenses. Money is available daily at
TEXPOOL and TEXAS CLASS.
(3) If money is not needed by a fund to cover expenses based on liquidity
needs determined by the County Investment Officer, the money may be
invested in other investment tools as directed by the policy.
(4) The stated final maturity of any on investment, outside a PUBLIC FUNDS
INVESTMENT POOL, made by the County Investment Officer shall be
three years or less. (2256.005 (b) (4) (B).
3.0 INVESTMENT OBJECTIVES
3.01 GENERAL STATEMENT:
Funds of Polk County will be invested in accordance with federal and state laws
and the investment policy of Polk County. The County will invest according to
investment strategies for separate funds as they are adopted by Commissioners
Court order in accordance with Sec. 2256.005 (d)
3.02 SAFETY:
Polk County is concerned about the return of its principal, therefore, safety of
principal is a primary objective in any investment transaction. (Sec. 2256.005 (b)
(2).
3.03 LIQUIDITY:
The Cow1ty's investment portfolio must be structured in a manner which will
provide the liquidity necessary to pay obligation as they become due. (Sec.
2256.005 (b) (2).
2
Page 70 of 130

[PAGE 71]
3.04 DIVERSIFICATION:
The policy of Polk County, except when investing with the Depository Bank,
Investment Pools, U.S. Treasury Bills/Bonds/Notes, are in U.S. Agencies, will be
to diversify its investment portfolio when investing in:
( 1) Certificates of Deposit of other banks, savings banks, and state or
federal credit unions domiciled in Texas; (2) Repurchase Agreements; (3)
Commercial Paper; and (4 ) other investment instruments provided for by
law.
The County's portfolio shall be diversified to eliminate the risk of loss resulting
from concentration of assets in a specific maturity, a specific issuer or a specific
class of investments. Investments of the County shall always be selected to
provide for stability of income and reasonable liquidity. (Sec. 2256.005 (b) (3).
3.05 YIELD:
Consistent with federal and state law and the County's depository contract, it will
be the objective of the County Investment Officer to earn the maximum interest
rate allowed within the constraints of safety and liquidity.
3.06 MATURITY:
Portfolio maturities will be staggered, if market conditions are favorable, in a way
to achieve the highest return of interest but at the same time provide for the
necessary liquidity to meet the County's cash needs. The maximum allowable
stated final maturity of any individual investment owned by the County will be
three years. (Sec.2256.005 (b) (4) (B).
3.07 SALE OF SECURITIES BEFORE MATURITY:
The Polk County Investment Officer may sell securities before maturity if:
(1) market conditions present an opportunity for the County to benefit
from sale;
(2) funds are urgently needed to meet unforeseen expenses, even if
there is a loss of interest and/or principal due to the sale; and
(3) a security has lost its minimum required rating as an authorized
investment. (Sec. 2256.021)
(4) set procedures to monitor rating changes in investments acquired
with public funds and the liquidation of such investments
consistent with the provisions of Section 2256.021.
3
Page 71 of 130

[PAGE 72]
3.08 QUALITY AND CAPABILITY OF INVESTMENT MANAGEMENT:
It is the County's policy to provide training required by the Public Funds
Investment Act., Sec. 2256.0058 and periodic training in investments for the
County Investment Officer through courses and seminars offered by professional
organizations and associations in order in insure the quality and capability of the
County Investment Officer in making investment decisions. The County
Investment Officer , unless instructed otherwise, will receive training under
2256.008 (a) (1) & (2), through courses offered by the County Treasurer's
Association of Texas, Texas Association of Counties, and the association's
Certified Investment Officer, (CIO) programs, and The National Association of
County Treasurer's and Finance Officers. (NACTFO). The two year training
requirement is every two years beginning with the first day of the fiscal year the
officer takes office.
4.0 INVESTMENT RESPONSIBILITY AND CONTROL
4.01 COUNTY'S INVESTMENT DELEGATE:
In accordance with Sec. 116. l 12 (a), Local Government Code, Chapter 2256,
Sec.2256.005 (f), and Commissioners Court Order, the County Investment
Officer, under the direction of the Polk County Commissioners Court, may invest
the funds of Polk County that are not required immediately to pay obligations.
4.02 STANDARD OF CARE:
In accordance with Government Code 2256.006, investments shall be made with
judgment and care, under prevailing circumstances, that a person of prudence,
discretion, and intelligence would exercise in the management of the person's
own affairs, not for speculation, but for investment, considering the probable
safety of capital and the probable income to be derived. Investment of funds shall
be governed by the following investment objectives, in order of priority:
(1) preservation and safety of principal;
(2) liquidity; and
(3) yield.
4.03 LIABILITY OF COUNTY INVESTMENT OFFICER:
The County Investment Officer is not responsible for any loss of the county funds
through the failure or negligence ofa depository. Sec. 113.005 Local
Government Code does not release the Investment Officer from responsibility for
a loss resulting from the official misconduct or negligence of the Investment
Officer, including a misappropriation of the funds, or from responsibility for
funds until a depository is selected and the funds are deposited.
4
Page 72 of 130

[PAGE 73]
4.04 ACCOUNTING AND AUDIT CONTROL:
The Polk County Investment Officer will establish liaison with the Polk County
Investment Committee in preparing necessary investment forms that may be
prescribed by the County Investment Committee to provide for accounting and
auditing controls.
4.05 ANNUAL AUDIT AND PERFORMANCE EVALUATION:
It is the policy of the Polk County Commissioners Court to have an annual audit
of all County funds by an outside auditing firm. Polk County, in conjunction with
its annual audit, shall perform a compliance audit of management controls on
investments and adherence to the County's established investment policy.
(Government Code 2256,005 (m) and Section 2256.023 (d) if applicable).
5.0 INVESTMENT REPORTING
5.01 QUARTERLY REPORT:
In accordance with Government Code 2256.023, not less than quarterly, the
County Investment Officer shall prepare and submit to the Commissioners Court
a written report of investment transactions for all funds for the preceding
reporting period within a reasonable time after the end of the period. The report
must:
I) describe in detail the investment position of Polk County on the
date of the report;
2) be prepared and signed by the Investment Officer of Polk County;
3) contain a summary statement of each pooled fund group that states:
A) the beginning market value for the reporting period;
B) the ending market value for the period; and
C) the fully accrued interest for reporting period.
4) state the maturity date of each separately invested asset that has a
maturity date.
5.02 ANNUAL REPORT:
After the close of the County's fiscal year, the County Investment Officer will
submit an annual report to the Commissioners Court on the funds that were
invested during the year in accordance with 2256.023. The report will reflect the
total interest earned on each fund.
5
Page 73 of 130

[PAGE 74]
6.0 INVESTMENT INSTITUTIONS
6.01 INVESTMENT INSTITUTIONS DEFINED:
The Polk County Investment Officer shall invest county funds with any or all of
the following institutions or groups consistent with federal and state law, Chapter
2256 Texas Government Code, and the current Depository Bank contract:
1) depository bank;
2) other state or national banks domiciled in Texas that are insured by
FDIC or its successor;
3) savings banks domiciled in Texas that are insured by FDIC or its
successor;
4) state and federal credit unions domiciled in Texas that are insured
by National Credit Umon Share Insurance Fund or Its successor;
5) Public funds investment pools, currently Texpool; Texpool Prime,
and MBIA Texas Class; and
6) "Primary Dealers" of U.S. Government Securities who are on the
approved list published by the Federal Reserve System and report
to the market reports division of the Federal Reserve Bank of New
York.
6.02 QUALIFICATIONS FOR APPROVAL OF BROKER/DEALERS:
In accordance with 2256.005 (k), a written copy of this investment policy
shall be presented to any person seeking to sell Polk County an authorized
investment. The registered principal of the business organization seeking to sell
and authorized investment shall execute a written instrument substantially to the
effect that the registered principal has:
1) received and thoroughly reviewed the investment policy of Polk
County; and
2) acknowledged that the organization has implemented reasonable
procedures and controls in an effort to preclude imprudent
investment activities arising out of investment transactions
conducted between Polk County and the organization.
The County Investment Officer must comply with Sections 2256.005 (K) & (L)
before obtaining any authorized investment.
6
Page 74 of 130

[PAGE 75]
7.0 INVESTMENT INSTRUMENTS
7.01 AUTHORIZED INVESTMENTS:
The Polk County Investment Officer shall use any or all of the following
authorized investment instruments consistent with governing law (Chapter 2256
Local Government Code):
I) Authorized investments: Obligation of, or Guaranteed by
Government Entities as follows:
A) obligation of the United States or its agencies and instrumentalities;
B) direct obligations of this state or its agencies and instrumentalities;
C) collateralized mortgage obligations directly issued by a federal agency or
mstrumentahty of the Umted States, the underlymg secunty for which 1s
guaranteed by an agency of instrumentality of the United States;
D) other obligations, the principal and interest of which are unconditionally
guaranteed or insured by, or backed by the full faith and credit of, this
state or the United States or their respective agencies and
instrumentalities; and
E) obligations of states, agencies, counties, cities, and other political
subdivisions of any state related as to investment quality by a nationally
recognized investment rating firm not less than A or its equivalent.
2) Certificated of deposit and share certificates if issued by
a state on national bank domiciled in this state, a savings
bank domiciled in this state, or a state or federal credit
union domiciled in this state and is:
A) guaranteed or insured by the Federal Deposit Insurance Corporation or its
successor or the National Credit Union Share Insurance Fund or its
successor;
B) secured by obligations that are described by Section 2256.009 (a) of the
Public Funds Investment Act, including mortgage backed securities
directly issued by a federal agency or instrumentality that have a market
value of not less than the principal amount of the certificates, but
excluding those mortgage backed securities of the nature described by
Section 2256.009 (b) of the public Funds Investment Act; or
C) secured in any other manner and amount provide by law for deposits of
the county.
3) A fully collateralized repurchase agreement, as defined in
the Public Funds Investment Act, if it:
7
Page 75 of 130

[PAGE 76]
A) has a defined termination date
B) is seclU'ed by obligation described by Section 2256.009 (a) (1) of the
Public Funds Investment Act; and
C) requires the securities being purchased by the county to be pledged to the
county, held in the county name, and deposited at the time the investment
is made with the county or with a third party selected and approved by the
county; and
D) is placed through a primary government securities dealer, as defined by
the Federal Reserve or a financial institution doing business in the state
Notwithstanding any law, the term of any reverse security repurchased
agreement may not exceed 90 days after the date the reverse security
repurchased agreement is delivered ..
Money received by a county under the terms of a reverse security
repurchased agreement shall be used to acquire additional authorized
investments, but the term of the authorized investments acquired must
mature not later than the expiration date stated in the reverse security
replll'chased agreement.
4) A bankers' acceptance if it:
A) has stated maturity of 270 days or fewer from the date of its issuance;
B) will be, in accordance with its term, liquidated in full maturity;
C) is eligible for collateral for borrowing from a Federal Reserve Bank; and
D) is accepted by a bank organized and existing under the laws of the United
States or any state, if the short-term obligations of the bank, or a bank
holding company of which the bank is the largest subsidiary are rated not
less than A-1 or P-1 or an equivalent rating by at least on nationally
recognized credit rating agency.
5) Commercial paper is an authorized investment under this
subchapter if the commercial paper:
A) has a stated maturity of270 days or fewer from the date or its issuance;
B) is rated not less than A-1 or P-1 or an equivalent rating by at least:
a) two nationally recognized credit rating agencies; or
b) one nationally recognized credit rating agency and is fully secured
by an irrevocable letter of credit issued by a bank organized and
existing under the laws of the United States or any state.
6) A no-load money market mutual fund is authorized if it:
8
Page 76 of 130

[PAGE 77]
A) is registered with and regulated by the Securities and Exchange
Commission;
B) has a dollar-weighed average stated maturity of 90 days or fewer; and
C) included in its investment objective the maintenance of a stable net asset
value of $1 for each share.
7) Guaranteed Investment Contracts is authorized if it:
A) meets the requirements of2256.015 for bond proceeds.
8) Eligible investment pools (as discussed in the Public Funds
Investment Act, ( Sec. 2256.016-2256.019) if the
Commissioners Court by resolution authorized investment
In the particular pool. An investment pool shall invest the
·un sit receives Tom entities 111 aut 1onze mvestlnents
permitted by the Public funds Investment Act, including
Money Market Mutual Funds.
7.02 AUTHORIZED INVESTMENTS WITH DEPOSITORY BANK:
The Polk County Investment Officer may invest county funds with the Depository
Bank as authorized by the Depository Contract.
7.03 PROHIBITED INVESTMENTS:
The Polk County Investment Officer has no authority to use any of the following
investment instruments which are strictly prohibited by Sec. 2256.009 (b ):
I) obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage-backed
security collateral and pays no principal;
2) obligations whose payment represents the principal stream of cash
flow from the underlying mortgage-backed security collateral and
bears on interest;
3) collateralized mortgage obligations that have a stated final maturity
date of greater than IO years; and
4) collateralized mortgage obligations the interest of which is
determined by an index that adjusts opposite to the changes in a
market index.
9
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[PAGE 78]
8.0 INVESTMENT PROCEDURES
8.01 CONFIRMATION OF TRADE:
A confirmation of trade will be provided by the broker/dealer to the Polk County
Investment Officer for every purchase of an investment security. The
confirmation will become a part of the file that is maintained on every
investment security.
8.02 DELIVERY VERSUS PAYMENT:
It will be the policy of the County that all Treasury, and Government Agencies'
securities shall be purchased using the "delivery vs. payment" (DVP) method
through the Federal Reserve System. By so doing, County funds are not released
until the County has received, through the Federal Reserve wire, the securities
8.03 ELECTRONIC FUNDS TRANSFER:
The County Investment Officer may use electronic means to transfer or invest all
funds collected or controlled by Polk County. (Sec. 2256.051).
8.04 SAFEKEEPING OF PURCHASED SECURITIES;
All purchases securities shall be held in safekeeping by the County, or a County
account in a third party financial institution, or with a Federal Reserve Bank. All
certificates of deposit, insured by FDIC, purchased outside the Depository Bank
shall be held in safekeeping by the County, or a County account in a third party
financial institution, or with a Federal Reserve Bank.
8.05 MONITORING MARKET VALUE:
Polk County will use one or more of the following ways to monitor the market
price if investments acquired with public funds when applicable:
1) the Wall Street Journal, or other financial data sources that
provides the market value of investments;
2) primary broker dealers;
3) pricing services through the Depository Bank contract; and
4) any other pricing services that comply with the Public Funds
Investment Act.
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[PAGE 79]
9.0 COLLATERAL AND SAFEKEEPING
9.01 COLLATERAL OR INSURANCE:
The Polk County Investment Officer shall insure that all county funds are fully
collateralized or insured consistent with federal and state laws (Chapter 2257
Public Funds Collateral Act) and the current bank depository contract in one or
more of the following manners:
])
insured by FDIC or its successor;
2) obligations of the United States or its agencies and
instrnmentalities; and
3) other obligations, including letters of credit, under
Sec. 2256.009 (a); but
4) none of the obligations stated in Sec. 2256.009 (b) shall be used as
co !lateral.
9.02 SAFEKEEPING:
All pledged securities by the depository bank shall be held in safekeeping by the
County, or a County account in a third party financial institution, or with a
Federal Reserve Bank.
10.0 INVESTMENT POLICY REVIEW AND AMENDMENT
10.01 REVIEW PROCEDURES:
The Polk County Commissioners Court shall review its investment policy and
investment strategies on an annual basis, preferably during the same time as the
annual investment and interest report prepared and submitted by the Polk County
Investment Officer (Sec. 2256.005 (e)).
10.02 CHANGES TO THE INVESTMENT POLICY:
It shall be the duty of the County Investment Officer to notify the Polk County
Commissioners Court of any significant changes in current investment methods
and procedures prior to their implementation.
11
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[PAGE 80]
12
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[PAGE 81]
EXHIBIT-A
POLK COUNTY FUNDS TO BE INVESTED
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[PAGE 82]
FUND# POLK COUNTY ACCOUNTS FOR INVESTMENT
10 GENERAL
17 FIRE MARSHAL INSPECTION FEE FUND
21 thru24 ROAD & BRIDGE
21 thru24 LATERAL ROAD & BRIDGE
33 AMERICAN RESCUE PLAN
45 RESTORATION PROJECTS
51 AGING
61 DEBT SERVICE
61 DEBT SVC - LANDFILL POST CLOSURE
90 CONSTABLE 1
90 SHERIFF DEPT. ASSET FORFEITURE
90 D A CONTRABAND
90 DRUG SEIZURE PENDING
28 HISTORICAL COMMISSION
83 RETIREE HEAL TH BENEFITS TRUST
91 PERMANENT SCHOOL
92 AVAILABLE SCHOOL
93 CO CLERK RECORD MANAGEMENT FUND
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[PAGE 83]
EXfflBITK
SecondaryManufacturers' Combined Subdivision Participation and ReleaseForm
("Combined Participation Form"!
GovernmentalEntity: POLKCOUNTY State: TEXAS
Authorized Official: COUNTYJUDGE
Address 1: 101 WESTCHURCH STREET
Address2:
City, State,Zip: LIVINGSTON, TEXAS 77351
Phone: (936) 325-6812
Email: county,iudge(%co.polk.tx.us
The governmental entity identified above (^''GovernmentalEntity'''),in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to each ofthe
settlements which are listed inparagraph 1below (eacha"SecondaryManufacturer's Settlement"
and collectively, "the Secondary Manufacturers' Settlements"), and acting through the
undersigned authorized official, hereby elects to participate in each of the Secondary
Manufacturers' Settlements, release all Released Claims against all Released Entities in each of
the Secondary Manufacturers' Settlements, and agrees as follows.
1. The Participating Entity hereby elects to participate in each ofthe following Secondary
Manufacturers' Settlementsas a ParticipatingEntity:
a. Settlement Agreement forAlvogen, Inc. dated April 4,2025.
b. SettlementAgreementfor Apotex Corp. dated April 4,2025.
c. Settlement Agreement forAmneal PharmaceuticalsLLC dated April 4,2025.
d. SettlementAgreement forHikmaPharmaceuticals USA Inc.dated April4, 2025.
e. SettlementAgreementfor IndiviorInc. datedApril 4,2025.
f. Settlement Agreementfor Viatris Inc. ("Mylan") dated April 4,2025.
g. Settlement Agreement for SunPharmaceutical Industries, Inc.dated April 4,2025.
h. SettlementAgreementfor ZydusPharmaceuticals (USA) Inc. datedApril 4,2025.
2. The Governmental Entity is aware of and has reviewed each of the Secondary
Manufacturers' Settlements, understands that all capitalized terms not defined in this
Combined Participation Form have the meanings defined in each of the Secondary
Manufacturers' Settlements, and agrees that by executing this Combined Participation
Form, the Governmental Entity elects to participate in each of the Secondary
Manufacturers' Settlementsand become aParticipatingSubdivisionasprovidedineach of
the SecondaryManufacturers' Settlements.
3. The Governmental Entity shall promptly, and in any event no later than 14 days after the
ReferenceDate and prior tothe filing ofthe ConsentJudgment, dismiss with prejudiceany
Released Claims that it has filed against any Released Entity in each ofthe Secondary
Manufacturers' Settlements. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
K-1
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[PAGE 84]
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[PAGE 85]
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[PAGE 86]
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[PAGE 87]
DocusignEnvelopeID:7684AEF2-2259-4AD7-B4D9-450E36AB9BD3
EXHIBIT K
SubdivisionParticipationand Release Form
GovemmentalEntity: Polk Coimty State: TX
AuthorizedSignatory: County Judge
Address 1; 101 West Church Street
Address 2:
City, State,Zip: Livingston, Texas 77351
Phone: (936) 327-6812
Email: county.judge@co.polk.tx.us
The governmental entity identified above (^'GovernmentalEntity"), in order to obtainand
in consideration for the benefits provided to the Governmental Entity pursuant to that certain
Governmental Entity & Shareholder Direct Settlement Agreement accompanying this
participation form (the"Agreemenfy, andacting through the undersigned authorized official,
hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as
follows.
1. The Governmental Entity isaware ofandhas reviewed theAgreement, and agrees thatby
executing this Participation and Release Form, the Governmental Entity elects to
participateinthe Agreementand becomeaParticipatingSubdivisionasprovidedtherein.
2. The Governmental Entity shall promptly aftertheEffective Date, andpriorto thefiling of
the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and
Released Claims that it has filed. With respect to any ShareholderReleased Claims and
Released Claims pendinginIn reNationalPrescriptionOpiateLitigation,MDL No.2804,
theGovernmental Entity authorizes thePlaintiffs' Executive Committee toexecute andfile
on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice
substantially in theform found at https://natiQnalopioidsettlement.com.
3. The Governmental Entity agrees to the terms ofthe Agreement pertainingto Participating
Subdivisions as definedtherein.
4. By agreeingto theterms ofthe Agreementand becominga Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetaiy
payments beginning following theEffective Date.
5. The Governmental Entity agrees to use any monies it receives through the Agreement
solelyfor the purposes provided therein.
6. The Govemmental Entity submits to the jurisdiction ofthe court in the Governmental
Entity'sstate where the ConsentJudgmentis filed for purposes limitedto that court'srole
as and to the extent provided in, and for resolving disputes to the extentprovided in, the
'CapitalizedtennsusedinthisExhibitKbutnototherwisedefinedinthisExhibitKhavethemeaningsgivento
themintlieAgreementor,ifnotdefmed intheAgreement, theMasterSettlementAgreement.
K-1
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[PAGE 88]
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[PAGE 89]
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[PAGE 90]
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[PAGE 91]
EXHIBITC
SiihdivisionParticipation Form
Eligible SubdivisionName: polkcounty
CaseNo.:
AuthorizedSignatoryName: Sydneymurphy
AuthorizedSignatoryTitle: countyjudge
Address 1: 101westchurchstreet
Address2:
City. State.Zip: Livingston,texas77351
Phone: (936)327-6812
Email: county.judge@co.polk.tx.us
The Eligible Subdivision identified above ("Subdivision"), in order to obtain and in
consideration for the benefits provided to the Subdivision pursuant to the Settlement
Agreement dated August 31, 2023 ("Sandoz Settlement"), and acting through the
undersignedauthorizedofficial,isan"EligibleEntity"asdefinedintheSandozSettlement,
and hereby elects to participate in the Sandoz Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Subdivision is aware ofand has reviewed the Sandoz Settlement, understands
that all terms in this Subdivision Participation Form ("Form") have the meanings
definedtherein,andagreesthat bythis Form,the Subdivisionelectsto participate
in the Sandoz Settlement and become a Participating Subdivision as provided
therein.
2. TheSubdivisionagreestotheterms,representations,andwarrantiesoftheSandoz
SettlementpertainingtoParticipatingSubdivisionsasdefinedtherein.
3. By agreeing to the terms of the SandozSettlementand becominga Releasor,the
Subdivision is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
4. TheSubdivisionagreestouseanymoniesitreceivesthroughtheSandozSettlement
solely for the purposes providedtherein.
5. By signingthis Participation Form, the Subdivision agrees that, pursuantto the
Sandoz Settlement, SettlementReferee David R. Cohen will set the procedures by
which the allocation will be completed for this settlement and will determine the
final allocation between the Participating Subdivisionspursuantto the terms ofthe
Sandoz Settlement.
6. The Subdivision agrees that any disputes arising out ofthis Agreement shall be
heard beforeSettlementRefereeDavidR.Cohenasthe arbitratordesignatedbythe
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[PAGE 92]
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[PAGE 93]
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[PAGE 94]
July 24, 2025
Good morning Judge Murphy and Commissioners,
I would like to propose an addition to the current plan review fee schedule.
It has come to my attention that the current fee schedule does not address specifically Solar
Farm Operations. We have received several applications for plan reviews for newly proposed
projects in Polk County. These projects range from small acreage operations to some in the
thousand acre size. Our current fee schedule is set up on calculating fees for buildings or
structures and this does not allow for a fair calculation of fees due to the make of up of these
facilities. These facility have large areas involving the need for evaluating site infrastructure. We
have to ensure these sites comply with emergency access and we have to examine the project
plans for locations of the control stations, inverters, and electrical supply shut off locations in
the case of an emergency. With that being said, the plan review is very detailed and time
consuming more so than normal review of a commercial establishment.
I have researched nearby counties and see that many have already implemented similar fee
schedules as I am about to propose.
My proposal is as follows:
Option A (Flat rate per site size)
Base plan review fee: $500.00 for up to a 1000 acre site, with a $25.00 fee per each additional
50 acres.
Option B (This plan will break down each area and be site specific)
Base plan review: $300.00
Battery Storage System: $150.00 per unit
Inverter site: $100.00 per inverter
Option A - would make calculating the fees simpler and a little less confusing for the owners
and our office.
Option B - would make the fees more site specific.
Thanks for your consideration,
John W. Fugate
Fire Marshal
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[PAGE 95]
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE A. SANITATION
CHAPTER 343. ABATEMENT OF PUBLIC NUISANCES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 343.002. DEFINITIONS. In this chapter:
(1) "Abate" means to eliminate or remedy:
(A) by removal, repair, rehabilitation, or demolition;
(B) in the case of a nuisance under Section 343.011(c)(1), (9), or (10), by
prohibition or control of access; and
(C) in the case of a nuisance under Section 343.011(c)(12), by removal, remediation,
storage, transportation, disposal, or other means of waste management authorized by Chapter 361.
(2) "Building" means a structure built for the support, shelter, or enclosure of a person,
animal, chattel, machine, equipment, or other moveable property.
(3) "Garbage" means decayable waste from a public or private establishment or restaurant.
The term includes vegetable, animal, and fish offal and animal and fish carcasses, but does not
include sewage, body waste, or an industrial by-product.
(4) "Neighborhood" means:
(A) a platted subdivision; or
(B) property contiguous to and within 300 feet of a platted subdivision.
(5) "Platted subdivision" means a subdivision that has its approved or unapproved plat
recorded with the county clerk of the county in which the subdivision is located.
(6) "Premises" means all privately owned property, including vacant land or a building
designed or used for residential, commercial, business, industrial, or religious purposes. The term
includes a yard, ground, walk, driveway, fence, porch, steps, or other structure appurtenant to the
property.
(7) "Public street" means the entire width between property lines of a road, street, way,
thoroughfare, or bridge if any part of the road, street, way, thoroughfare, or bridge is open to the
public for vehicular or pedestrian traffic.
(8) "Receptacle" means a container that is composed of durable material and designed to
prevent the discharge of its contents and to make its contents inaccessible to animals, vermin, or
other pests.
(9) "Refuse" means garbage, rubbish, paper, and other decayable and nondecayable waste,
including vegetable matter and animal and fish carcasses.
(10) "Rubbish" means nondecayable waste from a public or private establishment or
residence.
(10-a) "Undeveloped land" means land in a natural, primitive state that lacks improvements,
infrastructure, or utilities and that is located in an unincorporated area at least 5,000 feet
outside the boundaries of a home-rule municipality.
(11) "Weeds" means all rank and uncultivated vegetable growth or matter that:
(A) has grown to more than 36 inches in height; or
(B) creates an unsanitary condition likely to attract or harbor mosquitoes, rodents,
vermin, or other disease-carrying pests, regardless of the height of the weeds.
(12) "Flea market" means an outdoor or indoor market, conducted on non-residential
premises, for selling secondhand articles or antiques, unless conducted by a religious, educational,
fraternal, or charitable organization.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 499,
Sec. 2, eff. Sept. 1, 1991.
Amended by:
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[PAGE 96]
Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.004, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 441 (H.B. 1643), Sec. 1, eff. June 15, 2015.
Sec. 343.003. EFFECT OF CHAPTER ON OTHER STATE LAW. This chapter does not affect a right,
remedy, or penalty under other state law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. PUBLIC NUISANCE PROHIBITED
Sec. 343.011. PUBLIC NUISANCE. (a) This section applies only to the unincorporated area of a
county.
(b) A person may not cause, permit, or allow a public nuisance under this section.
(c) A public nuisance is:
(1) keeping, storing, or accumulating refuse on premises in a neighborhood unless the
refuse is entirely contained in a closed receptacle;
(2) keeping, storing, or accumulating rubbish, including newspapers, abandoned vehicles,
refrigerators, stoves, furniture, tires, and cans, on premises in a neighborhood or within 300 feet
of a public street for 10 days or more, unless the rubbish or object is completely enclosed in a
building or is not visible from a public street;
(3) maintaining premises in a manner that creates an unsanitary condition likely to attract
or harbor mosquitoes, rodents, vermin, or other disease-carrying pests;
(4) allowing weeds to grow on premises in a neighborhood if the weeds are located within
300 feet of another residence or commercial establishment;
(5) maintaining a building in a manner that is structurally unsafe or constitutes a hazard
to safety, health, or public welfare because of inadequate maintenance, unsanitary conditions,
dilapidation, obsolescence, disaster, damage, or abandonment or because it constitutes a fire hazard;
(6) maintaining on abandoned and unoccupied property in a neighborhood a swimming pool that
is not protected with:
(A) a fence that is at least four feet high and that has a latched and locked gate;
and
(B) a cover over the entire swimming pool that cannot be removed by a child;
(7) maintaining on any property in a neighborhood in a county with a population of more
than 1.3 million a swimming pool that is not protected with:
(A) a fence that is at least four feet high and that has a latched gate that cannot be
opened by a child; or
(B) a cover over the entire swimming pool that cannot be removed by a child;
(8) maintaining a flea market in a manner that constitutes a fire hazard;
(9) discarding refuse or creating a hazardous visual obstruction on:
(A) county-owned land; or
(B) land or easements owned or held by a special district that has the commissioners
court of the county as its governing body;
(10) discarding refuse on the smaller of:
(A) the area that spans 20 feet on each side of a utility line; or
(B) the actual span of the utility easement;
(11) filling or blocking a drainage easement, failing to maintain a drainage easement,
maintaining a drainage easement in a manner that allows the easement to be clogged with debris,
sediment, or vegetation, or violating an agreement with the county to improve or maintain a drainage
easement;
(12) discarding refuse on property that is not authorized for that activity; or
(13) surface discharge from an on-site sewage disposal system as defined by Section
366.002.
(d) This section does not apply to:
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[PAGE 97]
(1) a site or facility that is:
(A) permitted and regulated by a state agency for the activity described by Subsection
(c); or
(B) licensed or permitted under Chapter 361 for the activity described by Subsection
(c); or
(2) agricultural land.
(d-1) This subsection applies only to a county with a population of 3.3 million or more and
only in an unincorporated area in the county that is at least 5,000 feet outside the boundaries of a
home-rule municipality. Subsections (c)(3) and (4) apply only to undeveloped land in the county for
which:
(1) a condition on that land has been found to cause a public nuisance under those
provisions in the preceding year; and
(2) a finding of public nuisance could have been applied to that condition when the
condition first occurred.
(e) In Subsection (d), "agricultural land" means land that qualifies for tax appraisal under
Subchapter C or D, Chapter 23, Tax Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 499,
Sec. 3, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 771, Sec. 2, eff. Aug. 28, 1995; Acts 1999,
76th Leg., ch. 752, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 523, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch. 355 (S.B. 1238), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 12, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581), Sec. 2, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.005, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 438 (S.B. 634), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 441 (H.B. 1643), Sec. 2, eff. June 15, 2015.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 96, eff. September 1, 2023.
Sec. 343.0111. SPECIAL EXCEPTION OR VARIANCE TO PUBLIC NUISANCE CLASSIFICATION. (a) The
commissioners court of a county by order may:
(1) describe the circumstances in which a special exception to the application of Section
343.011 is available to a person and may grant the special exception in a specific case if the
commissioners court finds that the specific case fits within the special exception, that the grant of
the exception promotes justice, that the grant of the exception is not contrary to the public
interest, and that the grant of the exception is consistent with the general purpose of Section
343.011; and
(2) authorize in a specific case not covered by a special exception a variance from the
terms of Section 343.011 if the commissioners court makes the same findings in connection with the
specific case that it makes in connection with a special exception under Subdivision (1) and finds
that due to special conditions a literal enforcement of Section 343.011 would result in an
unnecessary hardship.
(b) The commissioners court shall keep a record of its proceedings under this section and must
include in the record a showing of the reasons for each decision made under this section.
Added by Acts 1995, 74th Leg., ch. 771, Sec. 3, eff. Aug. 28, 1995. Amended by Acts 1999, 76th Leg.,
ch. 752, Sec. 2, eff. Sept. 1, 1999.
Sec. 343.012. CRIMINAL PENALTY. (a) A person commits an offense if:
(1) the person violates Section 343.011(b); and
(2) the nuisance remains unabated after the 30th day after the date on which the person
receives notice from a county official, agent, or employee to abate the nuisance.
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[PAGE 98]
(b) An offense under this section is a misdemeanor punishable by a fine of not less than $50 or
more than $200.
(c) If it is shown on the trial of the defendant that the defendant has been previously
convicted of an offense under this section, the defendant is punishable by a fine of not less than
$200 or more than $1,000, confinement in jail for not more than six months, or both.
(d) Each day a violation occurs is a separate offense.
(e) The court shall order abatement of the nuisance if the defendant is convicted of an offense
under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 499,
Sec. 4, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 771, Sec. 4, eff. Aug. 28, 1995; Acts 1999,
76th Leg., ch. 752, Sec. 3, eff. Sept. 1, 1999.
Sec. 343.013. INJUNCTION. (a) A county or district court may by injunction prevent, restrain,
abate, or otherwise remedy a violation of this chapter in the unincorporated area of the county.
(b) A county or a person affected or to be affected by a violation under this chapter,
including a property owner, resident of a neighborhood, or organization of property owners or
residents of a neighborhood, may bring suit under Subsection (a). If the court grants the injunction,
the court may award the plaintiff reasonable attorney's fees and court costs.
(c) A county may bring suit under this section to prohibit or control access to the premises to
prevent a continued or future violation of Section 343.011(c)(1), (6), (9), or (10). The court may
grant relief under this subsection only if the county demonstrates that:
(1) the person responsible for causing the public nuisance has not responded sufficiently
to previous attempts to abate a nuisance on the premises, if the relief sought prohibits or controls
access of a person other than the owner; or
(2) the owner of the premises knew about the nuisance and has not responded sufficiently to
previous attempts to abate a nuisance on the premises, if the relief sought controls access of the
owner.
(d) In granting relief under Subsection (c), the court:
(1) may not, in a suit brought under Section 343.011(c)(10), prohibit or control access by
the owner or operator of a utility line or utility easement to that utility line or utility easement;
and
(2) may not prohibit the owner of the premises from accessing the property but may prohibit
a continued or future violation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 1050 (H.B. 1287), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581), Sec. 3, eff. June 15, 2007.
SUBCHAPTER C. COUNTY AUTHORITY RELATING TO NUISANCE
Sec. 343.021. AUTHORITY TO ABATE NUISANCE. (a) If a county adopts abatement procedures that
are consistent with the general purpose of this chapter and that conform to this chapter, the county
may abate a nuisance under this chapter:
(1) by demolition or removal, except as provided by Subsection (b);
(2) in the case of a nuisance under Section 343.011(c)(1), (9), or (10), by prohibiting or
controlling access to the premises;
(3) in the case of a nuisance under Section 343.011(c)(6), by:
(A) prohibiting or controlling access to the premises and installing a cover that
cannot be opened by a child over the entire swimming pool; or
(B) draining and filling the swimming pool; or
(4) in the case of a nuisance under Section 343.011(c)(12), by removal, remediation,
storage, transportation, disposal, or other means of waste management authorized under Chapter 361.
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[PAGE 99]
(b) In the case of a nuisance under Section 343.011(c)(13), the county may use any means of
abatement reasonably necessary to bring the system into compliance with Chapter 366 only after the
defendant fails to abate the nuisance as ordered by the court under Section 343.012(e).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 1050 (H.B. 1287), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680), Sec. 3, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581), Sec. 4, eff. June 15, 2007.
Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.006, eff. September
1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 438 (S.B. 634), Sec. 2, eff. September 1, 2013.
Sec. 343.022. ABATEMENT PROCEDURES. (a) The abatement procedures adopted by the commissioners
court must be administered by a regularly salaried, full-time county employee. A person authorized
by the person administering the abatement program may administer:
(1) the prohibition or control of access to the premises to prevent a violation of Section
343.011(c)(1), (6), (9), or (10);
(2) the removal or demolition of the nuisance; and
(3) the abatement of a nuisance described by Section 343.011(c)(12).
(b) The abatement procedures must require that written notice be given to:
(1) the owner, lessee, occupant, agent, or person in charge of the premises; and
(2) the person responsible for causing a public nuisance on the premises when:
(A) that person is not the owner, lessee, occupant, agent, or person in charge of the
premises; and
(B) the person responsible can be identified.
(c) The notice must state:
(1) the specific condition that constitutes a nuisance;
(2) that the person receiving notice shall abate the nuisance before the:
(A) 31st day after the date on which the notice is served, if the person has not
previously received a notice regarding a nuisance on the premises; or
(B) 10th business day after the date on which the notice is served, if the person has
previously received a notice regarding a nuisance on the premises;
(3) that failure to abate the nuisance may result in:
(A) abatement by the county;
(B) assessment of costs to the person responsible for causing the nuisance when that
person can be identified; and
(C) a lien against the property on which the nuisance exists, if the person
responsible for causing the nuisance has an interest in the property;
(4) that the county may prohibit or control access to the premises to prevent a continued
or future nuisance described by Section 343.011(c)(1), (6), (9), or (10); and
(5) that the person receiving notice is entitled to submit a written request for a hearing
before the:
(A) 31st day after the date on which the notice is served, if the person has not
previously received a notice regarding a nuisance on the premises; or
(B) 10th business day after the date on which the notice is served, if the person has
previously received a notice regarding a nuisance on the premises.
(d) The notice must be given:
(1) by service in person or by registered or certified mail, return receipt requested; or
(2) if personal service cannot be obtained or the address of the person to be notified is
unknown, by posting a copy of the notice on the premises on which the nuisance exists and by
publishing the notice in a newspaper with general circulation in the county two times within 10
consecutive days.
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[PAGE 100]
(e) Except as provided in Subsection (f), the abatement procedures must require a hearing
before the county abates the nuisance if a hearing is requested. The hearing may be conducted before
the commissioners court or any board, commission, or official designated by the commissioners court.
The commissioners court may designate a board, commission, or official to conduct each hearing.
(f) A county may, before conducting a hearing, abate a nuisance under Section 343.011(c)(6) by
prohibiting or controlling access to the premises on which the nuisance is located and installing a
cover that cannot be opened by a child over the entire swimming pool, but only if the county conducts
a hearing otherwise in accordance with Subsection (e) after the nuisance is abated.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14,
Sec. 123, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 771, Sec. 5, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1050 (H.B. 1287), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680), Sec. 4, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581), Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.007, eff. September 1, 2009.
Sec. 343.023. ASSESSMENT OF COSTS; LIEN. (a) A county may:
(1) assess:
(A) the cost of abating the nuisance, including management, remediation, storage,
transportation, and disposal costs, and damages and other expenses incurred by the county;
(B) the cost of legal notification by publication; and
(C) an administrative fee of not more than $100 on the person receiving notice under
Section 343.022; or
(2) by resolution or order, assess:
(A) the cost of abating the nuisance;
(B) the cost of legal notification by publication; and
(C) an administrative fee of not more than $100 against the property on which the
nuisance exists.
(b) The county may not make an assessment against property unless the owner or owner's agent
receives notice of the nuisance in accordance with Section 343.022.
(c) To obtain a lien against the property to secure an assessment, the commissioners court of
the county must file a notice that contains a statement of costs, a legal description of the property
sufficient to identify the property, and the name of the property owner, if known, with the county
clerk of the county in which the property is located.
(d) The county's lien to secure an assessment attaches when the notice of lien is filed and is
inferior to a previously recorded bona fide mortgage lien attached to the real property to which the
county's lien attaches, if the mortgage was filed for record in the office of the county clerk of the
county in which the real property is located before the date on which the county files the notice of
lien with the county clerk.
(e) The county is entitled to accrued interest beginning on the 31st day after the date of the
assessment against the property at the rate of 10 percent a year.
(f) The statement of costs or a certified copy of the statement of costs is prima facie proof
of the costs incurred to abate the nuisance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 499,
Sec. 5, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 771, Sec. 6, eff. Aug. 28, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581), Sec. 6, eff. June 15, 2007.
Sec. 343.0235. USE OF COUNTY FUNDS. A county is entitled to use any money available under
other law for a cleanup or remediation of private property to abate a nuisance described by Section
343.011(c)(1), (9), or (10).
Added by Acts 2005, 79th Leg., Ch. 1050 (H.B. 1287), Sec. 4, eff. September 1, 2005.
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[PAGE 101]
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680), Sec. 5, eff. June 15, 2007.
Sec. 343.024. AUTHORITY TO ENTER PREMISES. (a) A county official, agent, or employee charged
with the enforcement of health, environmental, safety, or fire laws may enter any premises in the
unincorporated area of the county at a reasonable time to inspect, investigate, or abate a nuisance
or to enforce this chapter.
(b) Before entering the premises, the official, agent, or employee must exhibit proper
identification to the occupant, manager, or other appropriate person.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 499,
Sec. 6, eff. Sept. 1, 1991.
Sec. 343.025. ENFORCEMENT. A court of competent jurisdiction in the county may issue any order
necessary to enforce this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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DOC#
3664
POLK COUNTY NUISANCE ABATEMENT PROCEDURES
STATE OF TEXAS §
COUNTY OF POLK §
Section 1 -Polley Basis
1.1 Whereas, Polk County, Texas, recognirns the need for County government to have the
authority to abate public health nuisance.
1.2 Whereas, to ensure and protect the public health, the Commissioners Court of Polk County
does hereby adopt the following as its policy and procedure for abating a public nuisance
pursuant to Chapter 343, Texas Health and Safety Code, as amended.
Section 2 -Scope and Purpose
2.1 These procedures are adopted by the Commissioners Court of Polk County pursuant to
Chapter 343 of the Texas Health and Safety Code, as amended, and shall apply only to the
unincorporated areas of Polk County, Texas.
2.2 The procedures provided herein are not intended, nor shall they be construed, to limit in any
way other remedies, causes of action, or rights provided for by law. The adoption of these
procedures does not restrict, limit, or replace any other County authority for abating public
nuisances.
2.3 It is the purpose of these procedures to abate certain conditions which are detrimental to the
overall health and safety of the citizens of Polk County.
Section 3 -Definitions
The words and terms defined in this section shall have the meanings ascribed, unless the context clearly
indicates another meaning.
Abate means to eliminate or remedy:
a) by removal, repair, rehabilitation, or demolish;
b) in the case of nuisance under Public Nuisance definition (a), (h), or (I), by prohibition or
control of access; and
c) in the case of the nuisance under Public Nuisance definition (k), by removal, remediation,
storage, transportation, disposal, or other means of waste management authorized by
Chapter 361 of the Texas Health and Safety Code.
Administrator means the Environmental Enforcement Officer, or other Individual so designated by the
Commissioners Court.
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Agricultural land means land that qualifies for tax appraisal under Subchapter C or D, Chapter 23, Tax
Code.
Building means a structure built for the support, shelter, or enclosure of a person, animal, chattel,
machine, equipment, or other moveable property.
Commissioners Court means the Commissioners Court of Polk County, Texas.
County means Polk County, Texas.
Garbage means decayable waste from a public or private establishment or restaurant. The term
Includes vegetable, animal, and fish offal and animal and fish carcasses, but does not Include sewage,
body waste, or an industrial by-product.
Hearing Examiner means a Justice of the Peace in the County presiding over the hearing.
Justice Court means the Justice Court of Polk County, Texas where an abatement hearing is taking place,
Neighborhood means:
a) A platted subdivision; or
b) Property contiguous to and within 300 feet of a platted subdivision.
Person has the meaning assigned to that term by subsection (2) of Section 311.005 of the Texas
Government Code, as amended.
Platted subdivision means a subdivision that has its approved or unapproved plat recorded with the
county Clerk of the Polk County, Texas, in which the subdivision Is located,
Premises means all privately owned property, Including vacant land or a building designed or used for
residential, commercial, business, Industrial, or religious purposes. The term of Includes a yard, ground,
walk, driveway, fence, porch, steps, or other structure appurtenant to the property.
Public street means the entire width between property lines of a road, street, way, thoroughfare, or
bridge If any part of the road, street, way, thoroughfare, or bridge is open to the public for vehicular or
pedestrian traffic.
Receptacle means a container that Is composed of durable material and designed to prevent the
discharge of its contents and to make its contents inaccessible to animals, vermin, or other pes_ts,
Refuse means. garbage, rubbish, paper, and other decayable and nondecayable waste, Including
vegetable matter and animal and fish carcasses.
Rubbish means nondecayable waste from a public or private establishment or residence,
Weeds mean all rank and uncultivated vegetable growth or matter that:
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a) Has grown to more than 36 inches In height; and
b) Creates an unsanitary condition or become a harborage for rodents, vermin, or other
disease-carrying pests, regardless of the height of the weeds.
Flea market means an outdoor or Indoor market, conducted on non-residential premises, for selling
secondhand articles or antiques, unless conducted by a religious, educational, fraternal, or charitable
organization.
Public nuisance is:
a) Keeping, storing, or accumulating refuse on premises In a neighborhood unless the refuse is
entirety contained in a closed receptacle;
b) Keeping, storing, or accumulating rubbish, Including newspapers, abandoned vehicles,
refrigerators, stoves, furniture, tires, and cans, on premises In a neighborhood for 10 days or
more, unless the rubbish or object is completely enclosed in building;
c) Maintaining premises in a manner that creates an unsanitary condition likely to attract or
harbor mosquitoes, rodents, vermin, or disease-carrying pests;
d) Allowing weeds to grow on premises in a neighborhood;
e) Maintaining a building in a manner that is structurally unsafe or constitutes a hazard to
safety, health, or public welfare because of Inadequate maintenance, unsanitary conditions,
dilapidation, obsolescence, disaster, damage, or abandonment or because it constitutes a
fire hazard.
f) Maintaining on abandoned and unoccupied property, in a neighborhood, a swimming pool
that Is not protected with:
a. A fence that Is at least four feet high and that has a latched gate that cannot be
opened by a child; or
b. A cover over the entire swimming pool that cannot be removed by a child.
g) Maintaining a flea market in a manner that constitutes a fire hazard;
h) Discarding refuse _or creating a hazardous visual obstruction on :
a. County-owned land; or
b. Land or easements owned or held by a special district that has the Commissioners
Court of the Polk County as Its governing body;
I) Discarding refuse on the smaller of:
3IPage
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[PAGE 105]
1011 -2 Lt O b - I 9 2
a. The area that spans 20 feet on each side of a utility line; or
b. The actual span of the utility easement;
j) FIiiing or blocking a drainage easement, failing to maintain a drainage easement,
maintaining a drainage easement in a manner that allows the easement to be clogged with
debris, sediment, or vegetation, or violating an agreement with the county to improve or
maintain a drainage easement;
k) Discarding refuse on property that is not authorized for that activity; or
I) Surface discharge from an on-site sewage disposal system as defined by Section 366,02 of
Texas Health and Safety Code.
m) This definition does not apply to the site or facility that Is permitted and regulated by a state
agency or agricultural land.
Section 4 • Public Nuisances Prohibited
A person may not cause, permit or allow a public nuisance, as that term is defined in Section 3 of this
Polley.
Section 5 -Investigations
5.1 The Commissioners Court of Polk County hereby appoints the Environmental Enforcement
Officer of the County, a regularly salaried full-time County employee, as Administrator to this
program and the abatement,procedures prescribed in this Polley,
5,2 Abatement of a public nuisance under these procedures may be Initiated by any person by
written complaint with the Administrator.
5,3 The Administrator shall make a record of all written complaints received.
5.4 The Administrator shall review the complaint and make a determination as to whether a
public nuisance exists, In order to administer these procedures, the Administrator may enter
any premises in the unincorporated areas of the County at a reasonable time to inspect,
Investigate, or abate a public nuisance, or to enforce Chapter 343 of the Texas Health and
Safety Code, as amended. Before entering the premises, the Administrator must exhibit
proper identification to the owner, occupant, lessee, manager, or other appropriate person.
5.5 If the Administrator determines that a public nuisance does not exist, he will then close the
matter, make a record of his/her findings and take no further action thereon.
5.6 If the Administrator determines that a public nuisance exists as defined by Section 3 of this
Polley, he .shall request a title opinion from an abstract company regarding ownership of the
premises on which the public nuisance exists, and serve written Notice to Abate Nuisance o.n
the owner, and, if applicable, the lessee, occupant, agent, or person In charge of the premises,
Written Notice to Abate Nuisance may also be served on the person responsible for causing a
public nuisance on the premises when that person is not the owner, lessee, occupant, agent,
or person In charge·of the premises, and the person responsible can be identified. The written
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1012 -2 WO b -I c1 3
Notice to Abate Nuisance shall comply with and be served as provided in Section 6 of this
Polley,
5.7 After the expiration of 31 days from the date on which the County's written Notice to Abate
Nuisance is served, the Administrator shall inspect the premises described In the complaint.
5.8 If the Administrator determines that the public nuisance has been abated, he shall make a
record of his/her findings and take no further action thereon.
5.9 If the Administrator determines that the public nuisance has not been abated, the
Administrator shall follow the procedures set out In Section 7 of this Polley.
Section 6 -Notice Requirements
6,1 Each Notice to Abate Nuisance must contain following Information:
a) The specific condition that constitutes a public nuisance;
b) The street address or other general description of the property on which the
public nuisance exists;
c) That the person receiving the Notice shall abate the nuisance before the 31 rt
day after the date on Which the Notice Is served, if the person has not
previously received a Notice regarding a nuisance on the premises;
d) That the person receiving the Notice shall abate the nuisance before the 10th
business day after the date on which the Notice is served, if the person has
previously received a Notice regarding a nuisance on the premises;
e) That failure to abate the public nuisance may result in abatement by the
County, assessment of costs; and the attachment of a lien against the property
on which the nuisance exists;
f) That the County may prohibit or control access to the premises to prevent a
continued or future nuisance;
g) That the owner, lessee, occupant, agent, or person In charge of the premises Is
entitled to submit, before the 31st day after the date on which the Notice Is
served, a written request for hearing. If the owner, lessee, occupant, agent, or
person in charge of the premises has previously received a notice regarding a
nuisance on the premises, the written request for a hearing must be submitted
before the 10th business day after the date on which the Notice Is served: The
written request for a hearing should contain the name and address of the
person to be notified of the date, time, and place of the hearing;
h) That said Request for Hearing may be given to the Administrator by hand
delivery to his office, or by certified mall, return receipt requested, addresse.d to
Environmental Enforcement Officer at his office; and
I) That the owner, lessee, occupant, agent, or person in charge of the premises is
entitled to appear at the scheduled hearing and Is entitled to present testimony
and other evidence, examine witnesses, and argue on the owner's behalf.
6.2 The Notice to Abate Nuisance shall be served on the owner and, If applicable, the lessee,
occupant, agent, or.person In charge In the following manner:
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[PAGE 107]
1011 -2 4 0 b - I 9 Li
a) In person or by registered or certified mall, return receipt requested; or
b) If the owner cannot be located or identified, by posting a copy of the Notice to
Abate· Nuisance on the premises on which the nuisance exists and by publishing
the Notice In a newspaper with general circulation In the County, two times
within 10 consecutive days.
c) Notice shall be given to the Commissioner of the Precinct where the property Is
located.
Section 7 • Scheduling a Heari.ng Before a Hearing Examiner
7.1 A person receiving a Notice to Abate Nuisance under this Order is entitled to a hearing before
a Hearing Examiner.
7.2 If, after the expiration of 31 days from the date on which the County's written Notice to Abate
Nuisance is served, the Administrator determines that the public nuisance has been abated,
the docketed number and cause shall be dismissed, an Order of Negative Findings shall be
Issued, and notice shall be given to the following:
.1. Commissioner of the Precinct where the property is located
2. Environmental Officer
3. Owner of the Property
4. Home/Property Owners Association (if applicable)
5. Any additional party who has requested notice of hearing
7.3 If, after the expiration of 31 days from the date on which the County's written Notice to Abate
Nuisance is served, the Administrator determines that the public nuisance has not been
abated, the Administrator shall set a hearing date and shall notify the following:
1. Commissioner of the Precinct where the property Is located
a) Upon receipt of notice that the nuisance has not been abated, the
Commissioner will provide an estimate of the cost to abate the nuisance
to the Hearing Examiner prior to the date of the Hearing.
2. Environmental Officer
3. owner of the Property
4. Home/Property Owners Association (If applicable)
5. Any additional party who has requested notice of hearing
7.4 Notice of Hearing must be provided In the same manner as used for serving the Notice to
Abate Nuisance in Section 6.2 of this pol\cy. The Notice of Hearing shall state the date, time,
and place of the hearing and shall be provided at least ten (10) days prior to the date of the
hearing.
Section 8 • Hearing Before Hearing Examiner
8.1 The owner and/or his/her representative present at the hearing shall be entitled to present
testimony and other evidence, examine witnesses, and argue on the owner's behalf, The
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[PAGE 108]
IOIZ -2 4 0 6 - I 9 S
owner and/or his/her representative at the hearing shall also be entitled to propose his/her
plan to abate the public nuisance and to explain why it has not yet been abated.
8.2 Any Interested person, including the Administrator, may appear at the hearing and present
testimony and other evidence.
8.3 All persons testifying at the hearing shall be under oath.
8.4 The. Hearing Examiner shall be allowed to question any person testifying. The Hearing
Examiner shall asses the testimony fairly and Impartially and in accordance with the law.
8.5 The Hearing Examiner shall make a written determination as to whether a public nuisance
exists and sign such. written determination. Coples shall be sent to the Administrator and the
Commissioner In the precinct In which the nuisance exists. Upon receipt of the copy of the
written determination, the Administrator or his/her representative shall hand-deliver or send
by certified mail, return receipt requested, a copy of the Hearing Examiner's written
determination to the person designated In the Request for Hearing. If mailed, it shall be
malled to the address designated In said request.
Section 9 • Post-Hearing Procedures
9.1 If the Hearing Examiner determines that a public nuisance exists, then after the expiration of
30 days from the date on which the Hearing Examiner's written determination Is received by
the person designated in the Request for Hearing, the Administrator shall inspect the premises
and determine whether or not the public nuisance has been abated. At the Hearing
Examiner's discretion, additional time to abate the public nuisance may be given.
9.2 If the Administrator determines that the . public nuisance has been abated, then the
Administrator shall make a record of his/her findings and take no further action thereon.
9.3 If the Administrator determines that the public nuisance has not been abated, the
Administrator shall resend the compiled file, Including the 1-iearing Examiner's Determination
and evidence that the nuisance has not been abated, to the County Commissioner in the
precinct in which the nuisance Is located.
9.4 After receiving the file on the public nuisance, the Commissioner may request to add an Item
to the Commissioners Court agenda to consider any/all necessary action regarding the
nuisance. The Commissioners Court shall then determine whether or not:
a) To issue an Order to Abate Nuisance;
b) To assess the cost of abating the public nuisance, the cost of legal notification by
publication, If said procedure was utilized, and an administrative fee of $100.00,
plus interest beginning on the 31" day after the date of the assessment to the
person receiving a Notice to Abate Nuisance pursuant to Section 6; and/or
c) To assess the cost of abating the public nuisance, the cost of t.he legal
notification by publication, If said procedure was utilized, and an administrative
fee of $100.00, plus interest beginning on the 31'' day after the date of the
assessment against the property on which the public nuisance exists.
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[PAGE 109]
1021 -2 4 0 6 -I q 6
9.5 After receiving an Order to Abate Nuisance, including any assessed fees, the Owner of the
premises where the nuisance exists will be given no less than 10 days to abate the nuisance
without penalty.
Section 10. Special Exception or Variance to Public Nuisance Classiflcation
10.1 The Hearing Examiner may:
a) Describe circumstances in which a special exception to the application of
Section 4 is available to a person and may grant the special exception in a
specific case if the Hearing Examiner finds that the specific case fits within the
special exception, that the grant of the exception promotes justice, that the
grant of the exception is not contrary to the public Interest, and that the grant
of the exception Is consistent with the general purpose of Section 4; and
b) Authorize in a specific case not covered by a special exception a variance from
the terms of Section 4 if the Hearing Examiner makes the same findings in
connection with the specific case that It makes In connection with a special
exception under Subdivision (1) and finds that due to special conditions a literal
enforcement of Section 4 would result in an unnecessary hardship.
10.2 The Hearing Examiner shall keep a record of its proceedings under this section and must
include in the record a showing of the reasons for each decision made under this section.
Section 11 -Additional Duties of the Administrator
11.1 If the Commissioners Court orders the abatement of a public nuisance and an owner fails or
refuses the abatement of same within 10 days pursuant to this Policy, then the Administrator
shall work with the Commissioner to initiate and carryout abatement procedures. The
abatement of the public nuisance shall be In compliance with any applicable federal, state,
.and local laws, ruli1s, procedures, and ordinances. Upon completion of such abatement, the
Administrator shall calculate the cost that the County incurred in abating the nuisance.
11.2 If the Commissioners Court has ordered assessment of the costs of abating the public nuisance
against the property on which the public nuisance exists, the Administrator shall prepare a
Notice of Lien and, after such document is reviewed by an attorney, record same in the
Official Public Records of Real Property of Polk County. The Notice of Lien must contain a
statement of costs, a legal description of the property sufficient to Identify the property, and
the name of the property owner, if known. The County may not make an assessment against
property unless the owner or owner's agent receives notice of the public nuisance in
accordance with Section 6 of this Policy.
11.3 The amou.nt of the lien shall be the amount of the cost of abating the nuisance, the cost of
legal notification by publication, If said procedure was utilized, and an administrative fee of
$100.00, plus interest beginning on the 31st day after the date of the assessment. The original
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1011-2 Ll O6 - I 9 7
lien documents shall be returned to the Administrator after recording. The County is
authorized by Section 343.023 of the Texas Health and Safety Code, as amended, to collect
Interest beginning on the 31st day after the date of the assessment against the property at the
rate of 10% per year pursuant to these procedures.
11.4 The County's lien to secure an assessment attaches when the Notice of Liens is filed and is
inferior to a previously recorded bona fide mortgage lien attached to the real property to
which the County's lien attaches, If the mortgage was filed for record in the Polk County
Clerk's Office before the date on which the County files the Notice of Lien with the County
Clerk.
11,5 If the Commissioners Court has ordered assessment of the costs of abating the public nuisance
to the person receiving a Notice to Abate Nuisance pursuant to Section 6, the Administrator
will request an attorney to proceed with collecting the amount of the costs of abating the
nuisance, the costs of legal notification by publication, If said procedure was utilized, and an.
administrative fee of $100 plus interest beginning on the 31st day after the date of the
assessment, from such person.
11.6 Upon the satisfaction of any order issued pursuant to these procedures, the Administrator Is
authorized to sign any release or other document, upon review and approval by an attorney,
to confirm that said orders or judgments have been complied with. This Includes, but is not
limited to, releases of liens filed in the Official Public Records of Real Property of Polk County,
Adopted by the Polk County Commissioners Court
In a Regular Session duly posted and held on March 8, 2022
S ney Murphy, Cou
Polk County, Texas
ATTEST:
~
Schelana Hock, County Clerk
,1· ' l'''' .
·.. . () ,,\ 1,1 /J
'1>, ..
1i ·
(Sl:AL) ·
@STATEO~TEXAS • COUNTY Of POLK
FILED FOR RECORD I, SCHE. LANA HOCK hereby oertify t~t the ln.M. rum. •.n.l wa,FILED
· ffl tho file numbef ~uenee on tM date and at tM same t!me st:1imped
heron by me end was dut)' RECORDED ln IM Official Public Records
Apr 01 2022 03:12:23 In Volume $Md Page of !tie named R!:.COROS OF Poli; County lexas
as stamped heron by me. · '-:
~tlo