presentations & proclamations€¦ · 14.10.2014 · who plan to attend this meeting and who...

Commissioners Court –October 14, 2014 NOTICE OF A MEETING OF THE

COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 14th day of October, 2014, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects:

CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL

PRESENTATIONS & PROCLAMATIONS 1 3 Presentation of Hays County Above and Beyond Awards. COBB/BAEN

PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a

Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.

CONSENT ITEMS The following may be acted upon in one motion.

A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 2 4 Approve payments of county invoices. HERZOG 3 5-12 Approve Commissioners Court Minutes of October 7, 2014. COBB/GONZALEZ

4 13-14 Approve award of IFB 2015-B01 Hot Mix Overlay/Various Locations to Ramming Paving Company and authorize County Judge to execute contract. COBB/BORCHERDING/MAIORKA

5 15-18

Accept and approve the proposal from Langford Community Management Services in response to RFP #2015-P02, "Management Services" for the Cedar Oak Mesa Water Supply Corporation, Community Development Block Grant program project and authorize staff to negotiate contract. CONLEY/HAUFF

6 19-20

Approve the recommendation and selection of Hejl, Lee & Associates, Inc. as the most qualified firm in response to RFQ #2015-P01, "Engineering Services" for the Cedar Oak Mesa Water Supply Corporation, Community Development Block Grant program project and authorize staff to negotiate contract. CONLEY/HAUFF

7 21 Authorize Institutional OSSF Permit 101 Oakwood Loop, San Marcos, TX. CONLEY/MCINNIS

ACTION ITEMS

ROADS

8 22-25 Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the construction bond, and acceptance of the maintenance bond for two years for Sunfield subdivision, Ph. 1, Sec. 6. JONES/BORCHERDING

9 26-32 Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the construction bond, and acceptance of the maintenance bond for two years for Rim Rock subdivision, Ph. 2, Sec. 3. JONES/BORCHERDING

10 33 Hold a public hearing to establish traffic regulations (stop sign) on Graef Rd. Possible action may follow. JONES/BORCHERDING

MISCELLANEOUS

11 34-39 Discussion and possible action to approve the form of a Freeport Exemption Agreement between Hays County and certain local companies located within Hays County that sell Freeport Goods under Section 11.251 of the Texas Tax Code. CONLEY

EXECUTIVE SESSIONS The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners

Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda.

12 40

Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding the performance and duties of the Veterans Service Officer, Fire Marshall, Emergency Management Coordinator, IT Director, Human Resources Director, Transportation Director, General Counsel, Elections Administrator, Development and Community Services Director, and Grants Administrator. COBB

STANDING AGENDA ITEMS The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court

to open the item when a need for discussion arises.

13 Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public safety facilities needs within the County. Possible action may follow. COBB/CUTLER

14 Discussion and possible action related to the burn ban and/or disaster declaration. COBB/CHAMBERS

15 Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime Strategies, Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. COBB

16 Discussion of issues related to the Hays County Water and Sewer Authority and the West Travis County Public Utility Agency. WHISENANT

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 10th day of October, 2014

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays

County Judge’s Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to

accommodate any valid request regardless of when it is received. Braille is not available.

AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Presentation of Hays County Above and Beyond Awards.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS October 14, 2014 n/a

LINE ITEM NUMBER n/a

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Dee Dee Baen COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BPresentation of Hays County "Above & Beyond" awards.

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AGENDA ITEM

Approve payment of County invoices.


CONSENT October 14, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A


Auditor’s Office HERZOG N/A

SUMMARY

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AGENDA ITEM

Approve Commissioner Court Minutes of October 7, 2014.


CONSENT October 14, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

OCTOBER 7, 2014 ***** ***** VOLUME V PG 481

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 7TH DAY OF OCTOBER A.D., 2014, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

ALBERT H. COBB JR COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2

WILL CONLEY COMMISSIONER, PCT. 3 RAY O. WHISENANT JR COMMISSIONER, PCT. 4 LIZ Q. GONZALEZ COUNTY CLERK

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Eric Siemens with the Calvary Chapel (San Marcos) gave the invocation. Judge Cobb led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. PRESENTATION OF HAYS COUNTY SERVICE AWARDS Shari Miller presented the 20, 25, 30, & 35 year awards to the following people: 15 years – Mark Opiela – Sheriff’s Dept. 20 years – Mark Graves – Constable Pct. 1, Liz Gonzalez – County Clerk, Yolanda Sanchez – Administrative Assistant I, Jeffrey McGill – Development & Community Services, Sylvia Rodriguez – Local Health Dept., Ryan Puryear – Sheriff, Sirenna Cumberland – Sheriff, Lenny Martinez – Sheriff, Luanne Caraway – Tax Assessor/Collector, Michael Davenport – Sheriff. 25 years – David Peterson – Constable Pct. 1, Mitchell Johnson – Constable Pct. 2, Edna Chagolla – District Attorney, Roberto Trelles – District Judge, Cynthia Carter – JP Pct. 3, Don Watson – Sheriff, Jerlyn Skrocki – Sheriff. 30 years – Thomas Pope – Development & Community Services, Maryann DeLeon – Juvenile Probation. 35 years – James Kohler – Constable Pct. 2. The Above and Beyond Awards will be presented next week. The following will be receiving awards. Michael Kloss – Sheriff, Melissa Pina – Sheriff, Modesta Alcorn Constable Pct. 4, Tom Hagemann – Sheriff, and Severa Pineda Valdez – Transportation. PRESENTATION OF CONTINUING EDUCATION CERTIFICATE Luanne Caraway, Hays County Tax Assessor/Collector spoke. 30165 ADOPT A PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER, 2014 AS

BREAST CANCER AWARENESS MONTH A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to adopt a Proclamation recognizing the month of October, 2014 as Breast Cancer Awareness Month. All voting “Aye”. MOTION PASSED 30166 ADOPT A PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER AS

TURKEY'S TACKLING HUNGER MONTH Jane Moore - Hays Co Food Bank spoke. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adopt a Proclamation recognizing the month of October as Turkey’s Tackling Hunger Month. All voting “Aye”. MOTION PASSED 30167 ADOPT A RESOLUTION IN SUPPORT OF MOVE TEXAS FORWARD, AN

ORGANIZATION FORMED TO IMPROVE TRANSPORTATION INFRASTRUCTURE FUNDING

A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to adopt a Resolution in support of Move Texas Forward, an Organization formed to improve Transportation Infrastructure Funding. All voting “Aye”. MOTION PASSED 30168 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of county invoices in the amount of $3,047,177.79 as submitted by the County Auditor. All voting “Aye”. MOTION PASSED

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VOLUME V PG 482 ***** ***** OCTOBER 7, 2014 30169 APPROVE COMMISSIONERS COURT MINUTES OF SEPTEMBER 16, 2014 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of September 16, 2014 as presented by the County Clerk. All voting “Aye”. MOTION PASSED 30179 APPROVE UTILITY PERMITS A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve utility permit #933 on Hilliard road issued to PEC and utility permit #934 on S. Old Bastrop Hwy to CenturyLink as presented by the Transportation Department. All voting “Aye”. MOTION PASSED 30180 AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 2390 FM 2001, BUDA, TX JS Woodbrook, LTD is proposing an on-site sewage facility to serve 2 new office/warehouse buildings in Precinct 2. This property is 1.15 acres in the Woodbrook Subdivision, lot 3.The system designer, Jon Maass, R.S. has designed a treatment system which consists of standard treatment with effluent dispersal to a low pressure dosed drainfield at a daily usage rate of 120 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize Institutional OSSF Permit at 2390 FM 2001, Buda, TX. All voting “Aye”. MOTION PASSED 30181 AUTHORIZE THE SHERIFF'S OFFICE PURCHASE EQUIPMENT FOR THE

TRAINING ACADEMY AND AMEND THE BUDGET ACCORDINGLY The Sheriff's Office would like to purchase two Rowers for the Training Academy. The rowers will be beneficial to the department for physical fitness testing and tracking. No additional funds are needed, they have been identified in the Training Academy. Amount Required $1,800.00; Decrease Training Academy: 001-618-00.5333 ($1,800.00); Increase Miscellaneous Equipment: 001-618-00.5719_400 1,800.00. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Sheriff’s Office to purchase equipment for the Training Academy and amend the budget accordingly. All voting “Aye”. MOTION PASSED 30182 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE RESOLUTION AND SUBMIT

A GRANT APPLICATION TO THE TEXAS INDIGENT DEFENSE COMMISSION FOR UP TO $72,029.00

This is a formula grant available annually to the County to assist in the implementation of the provisions of the Fair Defense Act (FDA) and improve the indigent defense system. These funds can be used for attorney fees, investigator expenses, and expert witness expenses incurred by the County on criminal indigent cases. The grant application submission is through on-line electronic process, with the Resolution e-mailed for verification authorization. The grant amount is an estimate at this time based upon previous award and will be finalized upon grant award. The funding period for this grant is October 1, 2014 through September 30, 2015. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to execute the Resolution and submit a Grant Application to the Texas Indigent Defense Commission for up to &72,029.00. All voting “Aye”. MOTION PASSED 30183 AUTHORIZE THE COUNTY JUDGE TO ACCEPT AND SIGN A GRANT SUB-

RECIPIENT AWARD FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY, HOMELAND SECURITY GRANT PROGRAM IN THE AMOUNT OF $20,000.00 AND AMEND THE BUDGET ACCORDINGLY

The grant funds support the Community Emergency Response Team (CERT). The funds will provide training and education to the citizens of Hays County on emergency preparedness that will increase the response capabilities within our CERT organization. The grant period is from September 1, 2014 to January 31, 2016. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to accept and sign a Grant Sub-Recipient Award from the Texas Department of Public Safety, Homeland Security Grant Program in the amount of $20,000.00 and amend the budget accordingly. All voting “Aye”. MOTION PASSED

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OCTOBER 7, 2014 ***** ***** VOLUME V PG 483 30184 AUTHORIZE THE COUNTY JUDGE TO ACCEPT A GRANT AWARD UNDER THE

TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF AGRICULTURE IN THE AMOUNT OF $275,000 AND AMEND THE BUDGET ACCORDINGLY

On September 25, 2012 the Commissioners' Court authorized the submission of a grant application to the Texas Department of Agriculture, Office of Rural Affairs, Texas Community Development Block Grant Program for water system improvements within Cedar Oak Mesa water supply corporation service area. The grant amount is $275,000 with a $13,750 match from Cedar Oak Mesa Water Supply Corporation to upgrade water lines in the Cedar Oaks Mesa subdivision. The grant period is from October 15, 2014 to October 14, 2016. Amount Required 413,750 COMWSC. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to accept a Grant Award under the Texas community Development Block Grant Program and execute a contract with the Texas Department of Agriculture in the amount of $275,000 and mend the budget accordingly. All voting “Aye”. MOTION PASSED 30185 CONFIRM THE APPOINTMENT OF BILL GOODWIN TO THE BOARD OF

DIRECTORS OF THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY (THE “WTCPUA”)

Pursuant to the Bylaws and Participant Agreement between Hays County, City of Bee Cave, and MUD No.5, all parties must confirm the appointments of the fourth and fifth board members. Hays County's appointment of Scott Roberts has been confirmed by Bee Cave and MUD No. 5. Bill Goodwin, who has been mutually selected by MUD No. 5 and Bee Cave, awaits confirmation from Hays County. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to confirm the appointment of Bill Goodwin to the board of Directors of the West Travis County Public Utility Agency (the “WTCPUA”). All voting “Aye”. MOTION PASSED 30186 ACCEPT A DONATION IN THE AMOUNT OF $400.00 FROM GUNNER THAMES

MEMORIAL RODEO TO BE PLACED IN LINE .5206 (LAW ENFORCEMENT SUPPLIES) AND TO AMEND THE BUDGET ACCORDINGLY

Line item number 001-637-00-4610. A motion was made by Commissioner Conley, seconded by Commissioner Jones to accept a donation in the amount of $400.00 from Gunner Thames Memorial Rodeo to be placed in line .5206 (Law Enforcement Supplies) and to amend the budget accordingly. All voting “Aye”. MOTION PASSED 30187 AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 251 CIRCLE DRIVE, WIMBERLEY,

TX BElkin-Borgelt LLC is proposing an OSSF to serve the Heritage Farmhouse Inn at 252 Circle Drive in Precinct 3. This property is 22.78 acres in the Burnett Ranch subdivision. Water will be supplied by public water well.The system designer, Hermann Vigil, P.E., has designed a treatment system which consists of pretreatment and equalization tanks and a 1200 gallon per day aerobic treatment unit which doses to a drip irrigation dispersal field. The wastewater from weekend flows will be held and dosed to the treatment system at a rate of 1200 gallons per day throughout the week. A motion was made by Commissioner Conley, seconded by Commissioner Jones to authorize Institutional OSSF Permit at 251 Circle Drive, Wimberley, TX. All voting “Aye”. MOTION PASSED 30188 AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 3200 MOUNT SHARP ROAD,

WIMBERLEY, TX 3200 Mount Sharp Road LLC is proposing an OSSF to serve two weekend rental cabins at 3200 Mount Sharp Road in Precinct 3. This property is 10.838 acres in size and water will be supplied by private water well.This on-site sewage facility consists of a standard treatment system with a pump tank that pumps the effluent to a non-standard low pressure dosed drainfield. The system is designed by Stephen Jetton, R.S. for a maximum of 200 gpd. A motion was made by Commissioner Conley, seconded by Commissioner Jones to authorize Institutional OSSF Permit at 3200 Mount Sharp road, Wimberley, TX. All voting “Aye”. MOTION PASSED

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VOLUME V PG 484 ***** ***** OCTOBER 7, 2014 30189 AUTHORIZE THE SHERIFF'S OFFICE TO ADD A TELEPHONE ALLOWANCE

EFFECTIVE OCT. 16, 2014 FOR OFFICE OF PROFESSIONAL RESPONSIBILITY/INSPECTOR, SLOT NUMBER 0474-001 AND AMEND THE BUDGET ACCORDINGLY

A stipend has been requested and approved for the Office of Professional Responsibility position via the Request/Justification Form for Electronics and Related Equipment/Services. This position will better serve the Sheriff's Office and Jail after hours during emergencies by utilizing a smart phone. Amount Required $402.50; 001-618-00.5489 Telephone & Data Lines ($402.50); 001-618-00.5194 Telephone Allowance $402.50. A motion was made by Commissioner Conley, seconded by Commissioner Jones to authorize the Sheriff’s Office to add a telephone allowance effective Oct. 16, 2014 for office of Professional Responsibility/Inspector, Slot Number 0474-001 and amend the budget accordingly. All voting “Aye”. MOTION PASSED 30190 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICE

AGREEMENT WITH COBB, FENDLEY & ASSOCIATES FOR PROFESSIONAL UTILITY COORDINATION AND RELOCATION SERVICES ON THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM, INCREASING THE COMPENSATION CAP FROM $300,000.00 TO $917,476.98

Laura Harris HNTB spoke of this will add 2 new projects. The additional authorized money will allow for execution of Work Authorization #4 for the FM 150 Center Turn Lane project and Work Authorization #5 for the I-35/Posey Road project. Both being added to the scope of the PSA. Amount Required $617,476.88. Line item number 26-801-96-517 & 519. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Conley to authorize the County Judge to execute a Professional Service Agreement with Cobb, Fendley & Associates for Professional Utility Coordination and Relocation Services on the Hays County/TxDot Partnership Program, increasing the compensation cap from $300,000 to $917,476.98. All voting “Aye”. MOTION PASSED 30191 APPROVE ADVANCE FUNDING AGREEMENT (AFA) FOR A PREVENTATIVE

MAINTENANCE AND REHABILITATION PROJECT (CENTER TURN LANE) BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE RM 12 SAFETY PROJECT BETWEEN SADDLERIDGE DRIVE AND HUGO ROAD AND AUTHORIZE COUNTY JUDGE TO EXECUTE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY

TxDOT has identified an available $2.440 million in construction funding for the proposed construction of a center turn lane and shoulders on RM 12 between Saddleridge Drive and Hugo Road. These improvements continue the safety improvement program on RM 12 from one mile east of Hugo Road to 0.1 mile west of SH 80 currently under construction as part of Hays County's Partnership Program with TxDOT. Hays County will fund preliminary engineering and environmental tasks for an estimated total of $356,875.00; Amount Required $356,875.00 line item number 027-803-96-766. A motion was made by Commissioner Conley, seconded by Commissioner Jones to approve Advance Funding Agreement (AFA) for a Preventative Maintenance and Rehabilitation Project (center turn lane) between hays County and the Texas Department of Transportation (TxDot) for the RM 12 Safety Project between Saddleridge Drive and Hugo Road and authorize County Judge to execute Advance Funding Agreement on behalf of Hays County. All voting “Aye”. MOTION PASSED 30192 HOLD A PUBLIC HEARING TO ESTABLISH TRAFFIC REGULATIONS (STOP SIGN)

ON GRAEF RD Judge Cobb opened the public hearing. No public input was received. Judge Cobb closed the public hearing. Stop traffic on the eastern spur of Graef Rd for westbound traffic near FM 2001. Clint Garza Director of Community and Development Services spoke. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to continue this item next week. All voting “Aye”. MOTION PASSED 30193 CALL FOR A PUBLIC HEARING ON OCTOBER 21, 2014 TO ESTABLISH TRAFFIC

REGULATIONS (SPEED LIMIT) IN DEER LAKE ESTATES SUBDIVISION Set speed limit to 25 MPH for all roads within Deer Lake Estates subdivision. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to call for a public hearing on October 21, 2014 to establish traffic regulations (speed limit) in Deer Lake Estates Subdivision. All voting “Aye”. MOTION PASSED

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OCTOBER 7, 2014 ***** ***** VOLUME V PG 485 30194 AUTHORIZE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICE

AGREEMENT TO ACCEPT THE AMENDMENT FOR THE CENTERPOINT ROUTE STUDY SCOPE AND FEE SCHEDULE

Commissioner Conley Precinct 3 spoke. This is not for a full schematic, but to identify the most reasonable potential alignments, their impacts to environmental constraints, geometric challenges and ROW needs. Alignments will be shown as broad lines on 11” X 17” sheets, mapped with environmental and other constraints, summary of impacts and order of magnitude construction costs based on typical county road construction parameters. Amount required $70,000.00; Line item number 020-710-00.5448_008. A motion was made by Commissioner Conley, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Service Agreement with HDR for the Centerpoint Rout Study Scope and Fee Schedule. All voting “Aye”. MOTION PASSED 30195 CALL FOR A PUBLIC HEARING ON OCTOBER 21, 2014 TO DISCUSS FINAL PLAT

APPROVAL OF THE REPLAT OF A PORTION OF LOT 62, ROLLING OAKS SECTION 4

The owner of a 5.56 acre portion of Lot 62 has proposed to divide the acreage into two lots. Each lot will be served by a private well and individual advanced on-site sewage facilities. Due to the limited acreage and oddly shaped configuration of the property, it is proposed that both lots will utilize a shared access driveway. The 2.26 acre portion of Lot 62 (contiguous on the southern boundary) has an existing driveway immediately adjacent to the proposed shared access driveway location. The Hays County Development Regulations require a 200 foot separation between shared access driveways and any other driveway therefore a variance will be requested at the time of the public hearing. A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to call for a public hearing on October 21, 2014 to discuss final plat approval of the replat of a portion of Lot 62, Rolling Oaks Section 4. All voting “Aye”. MOTION PASSED 30196 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A QUIT CLAIM DEED RELATED

TO A 0.0098 ACRE TRACT OF SURPLUS PROPERTY LOCATED IN PRECINCT 4 NEAR THE INTERSECTION OF RANCH ROAD 12 AND FITZHUGH ROAD

Commissioner Whisenant recused himself from this item, because he and his sister have a vested interest in this item. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Quit Claim Deed related to a 0.0098 acre tract of surplus property located in Precinct 4 near the intersection of Ranch Road 12 and Fitzhugh Road. Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley and Judge Cobb voting “Aye”. MOTION PASSED 30197 SELECT A COMMITTEE FOR REVIEW OF RFQ 2015-P04 AND RFQ 2015-P03,

RELATED TO THE HAYS COUNTY JAIL AND THE HAYS COUNTY LAW ENFORCEMENT CENTER/911 CENTER, RESPECTIVELY

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to appoint Commissioner Ingalsbe, Commissioner Conley, County Auditor Bill Herzog, General Counsel Mark Kennedy, Captain Mark Cumberland of the Sheriff’s Office and another representative from the SO to be determined later to a committee to review RFQ 2015-P-04 and RFQ 2015-P03, related to the Hays county Jail and the Hays County law Enforcement Center/911 Center, respectively. All voting “Aye”. MOTION PASSED 30198 APPROVE VEHICLE PURCHASES FOR HAYS COUNTY CONSTABLE PRECINCTS 1,

2, 3, 4 AND 5 AND AMEND THE BUDGET ACCORDINGLY Constable Pct. 3 Darrel Ayres gave an overview on the needs he has for a vehicle. Commissioner Whisenant spoke of the Fleet Committee and how they will be working on a policy. The policy will determine how vehicles will be used, ie. rural v. suburban areas. The policy will be brought back for the Court’s consideration by the end of the year. Another issue is narrowing down the number of types of vehicles purchased. This will help cut down on costs with tires, maintenance, etc. That policy will be brought back to the court for consideration in the Spring. During the FY 2015 budget process $35,000 was budgeted for replacement vehicles within each Constable office. At this time the Constables seek approval to purchase the following vehicles and additional equipment. The additional equipment such as radar systems, Coban systems, and radios was not budgeted for replacement vehicles during the FY 2015 budget process. When replacement vehicles are budgeted, equipment that can be removed from the current vehicle and placed into service in the replacement vehicle is not included in the budget. Quotes for the vehicles and equipment are attached, if 2014 vehicles are unavailable at the time of order, 2015 vehicles will be ordered resulting in minor price differences. Buy Board and HGAC Buy fees will be consolidated and split between all offices utilizing these services. The total amount budgeted was $175,000, $196,377 has been requested. Pct. 1: 2015 Ford Police Interceptor AWD=$32,038, Additional equipment = $13,735; Pct. 2 : Dodge Truck = $24,660, Additional equipment = $5,490; Pct. 3: 2014 Ford F-150 = $33,282, Additional equipment = $5,000 ; Pct. 4 : 2014 Chevrolet Tahoe = $32,047, Additional

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VOLUME V PG 486 ***** ***** OCTOBER 7, 2014 Equipment=$15,520; Pct. 5: 2015 Ford F-150=$34,605, Additional equipment=none requested. Amount Required: $21,377 in addition to the budgeted $175,000. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to approve vehicle purchases for Hays County Constable Precincts 1, 2, 3, 4 and 5 and amend the budget accordingly. Motion was A motion was made by Commissioner Conley, seconded by Commissioner Jones to approve vehicle purchases for Hays County Constable Precincts 1, 2, 3, 4 and 5 and to stay within the budgeted amount of $175,000 for the FY 2015 year. All voting “Aye”. MOTION PASSED 30199 AUTHORIZE GENERAL COUNSEL TO RETAIN LAND SURVEYING SERVICES FROM

TIME TO TIME AND ON AN AS NEEDED BASIS RELATED TO HAYS COUNTY PURCHASE AND/OR SALE OF REAL PROPERTY

It remains an open question as to which budget will pay for land surveying services. General Counsel's recommendation is that when the budget of a specific project cannot be identified the services could be paid for out of Countywide Legal. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize General Counsel to retain land surveying services from time to time and on an as needed basis related to Hays County purchase and/or sale of real property. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. Commissioner Conley not present for vote. MOTION PASSED 30190 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL COOPERATIVE

AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN HAYS COUNTY AND THE HAYS COUNTY WATER CONTROL IMPROVEMENT DISTRICT NO. 1 AND AMEND THE BUDGET ACCORDINGLY

Constable Pct. 4 Ron Hood A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to authorize the County Judge to execute and Interlocal Cooperative Agreement for Law Enforcement Services between Hays County and the Hays County Water Control Improvement District No. 1 and amend the budget accordingly. All voting “Aye”. MOTION PASSED WORKSHOP ON INMATE HOUSING INCLUDING A PRESENTATION BY BURNET COUNTY REPRESENTATIVES ON POTENTIAL SHORT, MID, OR LONG TERM SOLUTIONS TO INMATE HOUSING ISSUES IN HAYS COUNTY AND POTENTIAL SERVICES BURNET COUNTY MAY BE ABLE TO PROVIDE Burnet County Judge Donna Klaeger gave a powerpoint presentation regarding Burnet County Jail. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PERFORMANCE AND DUTIES OF THE VETERANS SERVICE OFFICER, FIRE MARSHALL, EMERGENCY MANAGEMENT COORDINATOR, IT DIRECTOR, HUMAN RESOURCES DIRECTOR, TRANSPORTATION DIRECTOR, GENERAL COUNSEL, ELECTIONS ADMINISTRATOR, DEVELOPMENT AND COMMUNITY SERVICES DIRECTOR, AND GRANTS ADMINISTRATOR Court convened into Executive Session at 1:15 p.m. and reconvened into opened court at 3:30 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant and Judge Cobb. No action taken. EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING ALL PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY Court convened into Executive Session at 1:03 p.m. and reconvened into opened court at 1:15 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Judge Cobb, General Counsel Mark Kennedy and Chief of Staff Lon Shell. No action taken. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECTS NAFTA II, IQ, AND ORANGE Court convened into Executive Session at 11:55 a.m. and reconvened into opened court at 12:52 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant, Judge Cobb, General Counsel Mark Kennedy, and Mike Econ Development and Chief of Staff Lon Shell. No action taken.

11


OCTOBER 7, 2014 ***** ***** VOLUME V PG 487 DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY Lt. Eric Batch of the Sheriff’s Office gave the staff report. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our recommendation to 311.The jail’s daily average was 316 and peak was 327 on October 3rd for the week of September 28 to October 4, 2014. The maximum female capacity is 76 inmates. Last week’s average was 59 and peak was 61 on 10/3/2014. The maximum male capacity is 256 inmates. Last week’s average was 258 and peak was 266 on 10/3/2014. ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Burn Ban will remain lifted County Clerk’s Note Agenda Item #36 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR – was pullled County Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY WATER AND SEWER AUTHORITY AND THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY – was pulled A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adjourn court.

I, LIZ Q. GONZALEZ, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’

COURT, do hereby certify that the foregoing contains a true and accurate record of the

proceedings had by the Hays County Commissioners’ Court on October 7, 2014.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

12




AGENDA ITEM

Approve award of IFB 2015-B01 Hot Mix Overlay/Various Locations to Ramming Paving Company and authorize County Judge to execute contract.


CONSENT October 14, 2014 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG


Borcherding/Maiorka COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BPurchasing received four (4) bids with Ramming Paving Company providing lowest bid. See attached bid tabulation

13

IFB 2015‐B01 Road Improvements Hot‐Mix Overlay

Ramming Paving Company Lone Star Paving Hunter Industries Alpha Paving IndustriesLocationsHigh Meadows Sub (Kyle) $191,855 $198,775 $192,893 $270,441.60Copper Hills (Buda) $143,907 $150,500 $149,643 $183,011Autumn Woods (Buda) $47,948 $50,550 $54,112 $68,153.80Southwest Territory (Buda) $94,899 $103,330 $112,169 $137,508Jacobs Well Road (Wimberley) $349,453 $339,900 $365,133 $465,425.60Willow Creek (San Marcos) $217,398 $230,300 $224,804 $301,368McCarty Lane (San Marcos) $74,825 $70,750 $66,927 $91,000Woodcreek Dr (Wimberley) $36,440 $39,900 $43,307 $47,525

Lump Sum $1,156,725 $1,184,005 $1,208,988 $1,564,433

Additional Tonnage $78.50 ton $76.00 ton $81.60 ton $75.00 ton

14




AGENDA ITEM

Accept and approve the proposal from Langford Community Management Services in response to RFP #2015-P02, "Management Services" for the Cedar Oak Mesa Water Supply Corporation, Community Development Block Grant program project and authorize staff to negotiate contract.


CONSENT October 14, 2014 $30,000.00

LINE ITEM NUMBER 146-753-99-086.5308

AUDITOR USE ONLY

AUDITOR COMMENTS:



Hauff CONLEY N/A

SUMMARY 27B56B85B114B143B172B201B230B259BOn September 16, 2014 the Commissioners Court approved the specification for RFP #2015-P02, "Management Services" for the Cedar Oak Mesa Water Supply Corporation, Community Development Block Grant program projects and authorized solicitation of proposals. An announcement was published and the deadline for proposal submission was Thursday, October 2, 2014. Acceptance of the grant of $275,000 from the Texas Department of Agriculture, Texas Community Development Block Grant program, with matching funds of $13,750 from the Cedar Oak Mesa Water Supply Corporation, was done by Commissioners Court on October 7, 2014. 28B57B86B115B144B173B202B231B260BThe firm of Langford Community Management Services was the only respondent to this solicitation, and their proposal addresses the scope of work and budget available for the project. Previous experience with the firm has proven that they are professional, reliable, and familiar with these types of projects. Staff recommends the acceptance of the proposal from Langford Community Management Services in the amount of $30,000.00. Funding will be through the proceeds of the grant described above.

15




AGENDA ITEM

Approve the recommendation and selection of Hejl, Lee & Associates, Inc. as the most qualified firm in response to RFQ #2015-P01, "Engineering Services" for the Cedar Oak Mesa Water Supply Corporation, Community Development Block Grant program project and authorize staff to negotiate contract.


CONSENT October 14, 2014 TBD

LINE ITEM NUMBER 146-753-99-086.5621_400

AUDITOR USE ONLY

AUDITOR COMMENTS:



Hauff CONLEY N/A

SUMMARY 27B56B85B114B143B172B201B230B259BOn September 16, 2014 the Commissioners Court approved the specifications for RFQ #2015-P01, "Engineering Services" for the Cedar Oak Mesa Water Supply Corporation, Community Development Block Grant program project and authorized solicitation. An announcement was published and the deadline for the submission of responses was Thursday, October 2, 2014. Acceptance of the grant of $275,000 from the Texas Department of Agriculture, Texas Community Development Block Grant program, with matching funds of $13,750 from the Cedar Oak Mesa Water Supply Corporation, was done by Commissioners Court on October 7, 2014. 28B57B86B115B144B173B202B231B260BFive firms responded to the RFQ, and staff from Hays County and the Cedar Oak Mesa Water Supply Corporation evaluated and ranked the proposals according to standardized criteria. The firm of Hejl, Lee and Associates, Inc. is recommended as the firm most qualified for the proposed project. Previous experience with the firm has also proven that they are professional, reliable, and familiar with these types of projects. Staff recommends that the firm of Hejl, Lee and Associates, Inc. be selected as the most responsive and qualified in response to RFQ #2015-P01 and authorize staff to enter into contract negotiations with the firm. Funding will be available through the proceeds of the grant described above, and contract approval will be brought before the Commissioners Court at some future date. The evaluation rankings for the five firms is attached.

19

RFQ #2015‐P01 ‐ Engineering Services ‐ Cedar Oak Mesa WSC ‐ TDA Contract #7214211Firm Rev. #1 Rank Rev. #2 Rank Rev. #3 Rank

BEFCO Engineering, Inc. 75 3b 73 5 88 5Binkley & Barfield 75 3a 75 4 93 4Hejl, Lee & Associates, Inc. 100 1 97 1 100 1aLNV 85 2a 89 2 100 1bVickrey & Associates, Inc. 85 2b 85 3 98 3

Reviewer #11. Hejl, Lee & Associates, Inc.2. LNV3. Vickrey & Associates, Inc.

Reviewer #21. Hejl, Lee & Associates, Inc. PRIORITY RATED FIRMS2. LNV 1. Hejl, Lee and Associates, Inc.3. Vickrey & Associates, Inc. 2. LNV

3. Vickrey and Associates, Inc.Reviewer #31. Hejl, Lee & Associates, Inc.2. LNV3. Vickrey & Associates, Inc.

20




AGENDA ITEM

Authorize Institutional OSSF Permit 101 Oakwood Loop, San Marcos, TX.


CONSENT October 14, 2014 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis Development Services Division Manager CONLEY N/A

SUMMARY 26BMiddleton Brewing LLC is proposing an OSSF to serve a microbrewery and tasting room at 101 Oakwood Loop in Precinct 3. This property is 2.5 acres in size and water will be supplied by public water supply that will be transported to the site. 27B55B83B111B139B167B195B223B251BThis on-site sewage facility consists of a pretreatment tank that discharges to an equalization tank then metered out to an aerobic treatment plant. Effluent will be chlorinated and dispersed via surface irrigation. The system is designed by Andy Grubbs, R.S. to treat a maximum of 300 gpd.

21




AGENDA ITEM

Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the construction bond, and acceptance of the maintenance bond for two years for Sunfield subdivision, Ph. 1, Sec. 6.


ACTION-ROADS October 14, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStaff recommends acceptance of construction of roads and drainage improvements within the County ROW. The Transportation Department has inspected and approved the improvements.

22

HAYS COUNTYTRANSPORTATION DEPARTMENT

P.O. BOX 906San Marcos, TX 78667

512/393-7385FAX: 512/393-7393

October 8, 2014

Honorable Bert Cobb, M.D.

111 E. San Antonio Sti-eet

Saa Marcos, Texas 78666

RE: Sunfield subdivision. Phase 1, Section 6

Dear Conunissionets and Judge:

Brian Parker, P.E., with Kimley-Horn engineeing, is tequesting that Hays County accept constmctioti of the

roads and dcainage in Sunfield subdivision. Ph. 1, Sec. 6, release the construction bond, and accept the

maintenance bond for a 2-year period. A concurrence letter and as-built plans have been received as

required by Hays County.

I recommend that construction be accepted per staff recommendations under Hays County specifications.

Respectfully,

\t^^^c!LJL^tJei-iy BorcheT-ding, P.E.

Director

Hays County Transportation

23

006119Bond No. 1028722

STANDARD MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS;

That we, the contractor, DNT Construction, LLC

"PRINCIPAL" and The Hanpver Insurance Company

hereinafter referred to as

hereinafterreferred to as "SURETY" are held and firmly bound unto theHays County, City of Buda and 2428 Partner, LLC hereinaHer

roferred to as the "OBLIGEE", in the SUIT) ofTwo Hundred Ninety Four Thousand Nine Hundred Twenty Seven and 00/100's (JoHayg ($ 294,927.00

which represents 100% of the cost of the Dedicated Improvements for the payment of which we bindourselves, our heirs, executors, successors and assigns Jointly and severally, firmly by these presents.

WHEREAS, PRTNFCIPAL has constructed certain Dedicated Improvements including;

[ ]

[ ]

[X]

[ ]

[ 1

[]

[ ]

[ ]

Water System

Sewer System

Roadway Paving and Curbs

Street Drainage Inlets and Pipes

Sewage Lift Station

Sewage Force Main

Reuse Water System

in that certain projectsunfleld ph 1 S9C-6 street lmProvem8nte _, OBLIGEE Project Number

064404005 ; and that PRINCIPAL is obligated to protect the MUD against any defects resultingfrom faulty materials, faulty workmanship or faulty design of said improvements for a period of two(2) years from . .. .' > 20_ (being the date of Substantial Completion of the

improvements by all applicable governmental authorities, Including without limitation, the City ofBuda, 2428 Partners, LLC and Hays County,

(the "Completion Date"),

NOW, THEREFORE, the condition of this obligation is such that if PRINCIPAL shallpromptly and faithfully protect the OWNER against any defects resulting from faulty materials,faulty workmanship or faulty design of the aforesaid improvements for a period of two (2) yearsfrom the Completion Date, then this obligation shall be null and void; otherwise, it shall remain infull force and effect,

MAINTENANCE BOND FORM-Page 1 of 2

24

Q06H9

The OBLIGEE shall notify the PRINCIPAL in writing of any defect for which thePRINCIPAL is responsible and shall specify in said notice a reasonable period of time within whichPRINCIPAL slidll have to correct said defect. I-f tlie PRRSfCIPAL sliall fail to correct such detectwithin the time specified in said notice, then the SURETY shall have (60) days thereafter withinwhich to take such action as it deems necessary to insure performance of the PRINCIPAL'Sobligation, If su<?h defect is not con'eoted after the expiration of such sixty-day period, thenOBLIGEE shall have the right to correct such defect and the PRINCIPAL and SURETY, jointly andseverally, shall pay all costs and expenses incuiTed by OBLIGEE in correcting such defect; includingbut not limited to, the engineering, legal and other costs, together with any damages either direct orconsequential, which the OBLIGEE may sustain on account ofPRFHCIPAL'S -failure to correol suchdefect, In addition, OBLIGEE shall have the right to contract for the correction of such defect and,upon acceptance of the lowest responsible bid, the PRFNCIPAL and SURETY shall becomeittimed lately liable for the amount of the said bici; and, in the event the OBLIGEE ooinmences legalproceedings -for the collection thereof, interest shall accrue on said amount at the rate of eight (8)percent per annum, beginning at the commenoement of said legal proceedings. The OBLIGEE, in itsdiscretion, may permit the SURETY to correct such defect in the event of the PRINCIPAL'S failureto perfonn,

In the event the OBLIGEE commences suit for the collection of any sums due hereunder, theobligors and each of them agree to pay all costs incurred by the OBLIGEE, including attorney's fees,

EXECUTED this 17th day of September 20_J^,

DNT Constcuettiap, LLC

BY: C^^f*^S^>^^^. _Principal.DaANjbMMR VICE popsrT^Name Printed/Typed of Principal)

The yanoVer IrjsuranceiConwam

BXLU k^A-1 J^ ^ ^- V- _ Su^yJohn W. ^huler, Attorney-in-Fact Surety ContaoTPerson

10375 Richmond Ave,Ste.105Q, HoustonJX Surety Address

77042 800-365-6065 _Surety Phone #

MAINTENANCE BOND FORM- Page 2 of 2

25




AGENDA ITEM

Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the construction bond, and acceptance of the maintenance bond for two years for Rim Rock subdivision, Ph. 2, Sec. 3.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStaff recommends acceptance of construction of roads and drainage improvements within the County ROW. The Transportation Department has inspected and approved the improvements.

26

HAYS COUNTYTRANSPORTATION DEPARTMENT

P.O. BOX 906San Marcos, TX 78667

512/393-7385FAX: 512/393-7393

October 8, 2014

Honotable Bert Cobb, M.D.

111 E. Saa Antonio Sttreet

San Marcos, Texas 78666

RE: Rim Rock subdivision. Ph. 2,Sec. 3

Dear Commissioners and Judge:

Ken. Martin, P.E., with Mui'fee Engineering Company, Inc., is requesting that Hays County accept

construction of the roads in Ritn Rock subdivision. Phase 2, Section 3, release the constcuction bond, and

accept the maintenance bond for a 2-year period. A concurrence letter and as-bmlt plans have been

received as required by Hays County.

I recommend that constmctioa be accepted per staff recommendations under Hays County specifications.

Respectfully,

Je&y Bofcherding, P.E.Dii-ectoi:

Hays County Ttanspottation

27

MURFEE ENGINEERING COMPANY, INC.

1101 Capital of Texas Highway SouthBuilding D, Suite 110Austin, Texas 78746

Phone: (512)327-9204 Fax: (512)327-2947

TRANSMITTAL LETTER

To: ")iM 'P^tU-^A.^ From:

Subject: ^.fc /1<^ 7-^

Date: 2,;

Attached: D For your information

D In accordance with your request

D Please comment and return

D For your files

B^" For your review

D For your approval

D Original Plans

D Prints/Copies

Additional Information:

-to

\forms\transm01 .Itr

Signed:

MOOCS000407 8/07

28

Fidelity and Deposit Company of Maryland, ColonialAmerican Casualty and Surety Company

Bond No: PRF9118487Mnt-1

Maintenance Bond

KNOW ALL MEN BY THESE PRESENTS, that we

Cash Construction Company, Inc. _ hereinaftercalled Principal, as Principal, and Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company

a corporation of the State of Maryland ,_ ,_ , hereinafter called Surety, as Surety,

are held and firmly bound unto

Hays County Judge

hereinafter called Obligee in the sum of One Hundred Fifty Thousand One Hundred Eighty Five and 68/1 OO's ($150,185.68)

DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, tothe payment of which sum well and tmly to be made, we do bind ourselves, our heiis, executors, administrators,

successors and assigns, jointiy and severally, finnly by these presents.

SIGNED, sealed and dated this 16th rfay of _September _ , 2014 .

WHEREAS, the Principal entered into a contract with the said Obligee, dated December 17, 2013 _ ^

for

Rim Rock Phase Two, Section Three - Street and Drainage Improvements

and,

WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of saidcontract and

WHEREAS, said contract was completed and accepted on the _ day of

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without

cost to the Obligee, any defects which may develop during a period of Two (2) Years

from the date of completion and acceptance of the work performed under the contract, caused by defective or inferiormaterials or workmansliip, then this obligation shall be void: otherwise it shall be and remain in full force and effect.

ATTEggC <s^—..^ Cash Construction Company, Inc.

/W^^ , ii'^77^^/ _ By: •B^ ^i^-/ " "" — ' ^-rrFidelity and Deposit Company of Maryland, Colonial AmericanCasualty and Surety Company _.

A ^^^^v.By: ^-^-t^j^k ^=>'^-•^^s^^O^

Connie Davis David S. Ballew , Attorney-in-Fact

29

ZURICH AMERICAN INSURANCE COMPANYCOLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FfflELITY AND DEPOSIT COMPANY OF MARYLANDPOWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of NewYork, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITyAND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by

JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,constitute, and appoint David S. BALLEW, of Austin, Texas, its true and lawful agent and Attomey-in-Fact, to make, execute, seal anddeliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, EXCEPT bonds on behalf ofIndependent Executors, Community Survivors and Community Guardians, and the execution of such bonds or undertakings inpursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been dulyexecuted and acknowledged by the regularly elected officers of the ZUMCH AMERICAN INSURANCE COMPANY at its office in New

York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office inOwings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office inOwings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, ofthe By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the saidZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, andFIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of December, A.D.2012.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANYCOLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

^ws^./^^^-.-"iost^i%wa^s/

''•y)i:,^ _....../^yx:'*-^

^fa.^^^.^^^/^^-

ByAssistant Secretm-y Vice President

Eric D. Barnes James M. Carroll

State of MarylandCity of Baltimore

On this 12th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M.

CARROLL, Vice President, and EMC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers

described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that

he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that

the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said

Corporations.

FN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

^^(f^^6^fc^ (2. CL^^- ^!;^f:^yConstance A. Dunn, Notary Public

My Commission Expires: July 14, 2015

POA-F 168-0087B30

EXTRACT FROM BY-LAWS OF THE COMPANIES

"Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice Presidentmay, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any suchattomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at anytune."

CERTIFICATE

I, the undersigned. Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICANCASUALW AND SURETY COMPANY, and the FIDEUTf AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that theforegoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, ofthe By-Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of

Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary

and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such

facsimile signature and seal shall be valid and binding on the Company."

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of

Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day ofMay, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at ameeting duly called and held on the 10th day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature

of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a

certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect

as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,

this _ day of September , 20 1 416th

Geoffrey Delisio, Vice President

31

Fidelity and Deposit CompaniesHome Office: 3910 Keswick Road Baltimore, MD 21211

IMPORTANT NOTICE

To obtain information or make a complaint:

You may call the Fidelity and Deposit Company oflVIaryland, Colonial American Casualty andSurety Company, and/or Zurich American Insurance Company's toll-free telephone number forinformation or to make a complaint at:

1-800-654-5155

You may contact the Texas Department of Insurance to obtain information on companies,

coverages, rights, or complaints at:

1-800-252-3439

You may write the Texas Department of Insurance:

P.O. Box 149104

Austin, TX 78714-9104FAX # (512) 475-1771

PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium orabout a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial

American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas

Department of Insurance.

ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and doesnot become a part or condition of the attached document.

S8543f(TX) (08/01) 32




AGENDA ITEM

Hold a public hearing to establish traffic regulations (stop sign) on Graef Rd. Possible action may follow.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Borcherding JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStop traffic on the eastern spur of Graef Rd for westbound traffic near FM 2001. (See attached maps)

33




AGENDA ITEM

Discussion and possible action to approve the form of a Freeport Exemption Agreement between Hays County and certain local companies located within Hays County that sell Freeport Goods under Section 11.251 of the Texas Tax Code.


ACTION-MISCELLANEOUS October 14, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS: Need to determine revenue loss.

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG


Conley CONLEY N/A

SUMMARY 26B53B80B107B134B161B188B215B242BSummary may be provided in open court.

34

STATE OF TEXAS § § COUNTY OF HAYS §

FREEPORT EXEMPTION AGREEMENT This Freeport Exemption Agreement ("Agreement") is entered into by and between

Hays County, a political subdivision of the State of Texas (the "County"), acting herein by and through authority of the Hays County Commissioners Court, and _______________, ______, a Texas _________________ having a primary place of business at _______________ (“Company”), which is in good standing to do business in the State of Texas, acting herein by and through its duly authorized officer(s).

WHEREAS, the Texas Legislature adopted, and the voters of Texas approved, Article VIII, Section 1-j, of the Texas Constitution which provided for the exemption of certain tangible personal property from ad valorem taxation; WHEREAS, in order to implement the Constitutional provision, the Texas Legislature adopted Texas Tax Code Section 11.251, which provides for the exemption of certain taxable property from ad valorem taxation (“Freeport Goods"); WHEREAS, the County made the timely election to deny tax-exempt status to the above property pursuant to Article VIII, Section 1-j(b) of the Texas Constitution; WHEREAS, Article VIII, Section 1-j(b) provides that it is within the exclusive discretion of the Hays County Commissioners Court to subsequently exempt the above property for taxation by rescinding its prior action to tax the Freeport Goods;

WHEREAS, Company produces and sells products that qualify as Freeport Goods under Tax Code §11.251; WHEREAS, Company has made investments in taxable personal property located and operating within Hays County, and has requested the County to allow the exemption for Freeport Goods beginning in tax year 2014; WHEREAS, the County projects it will suffer tax revenue and potential state aid losses in the 2014-15 through 2016-17 as a result of a decision to rescind its prior action to tax the Freeport Goods; WHEREAS, to offset the tax revenue and state aid losses anticipated by the County in the event of such a rescission, the County will require direct financial payments from Company by way of this Freeport Exemption Agreement to offset the revenue loss. WHEREAS, it is necessary to negotiate and execute an agreement with Company sufficient to assure that, in the aggregate, the amount of funds payable by Company equals an amount sufficient to reduce or offset the impact of projected tax revenue loss to the County;

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NOW, THEREFORE, the County and Company, for and in consideration of the mutual covenants and agreements herein contained, do hereby contract, covenant, and agree as follows:

1. The County shall take formal action to rescind its resolution to deny tax-exempt status to Freeport Goods upon execution of this Agreement by Company and upon execution of a similar agreement between other similarly-situated companies and the County. The County’s action shall make Freeport Goods located within Hays County tax exempt as of January 1, 2015.

2. The annual payments made by Company to offset the actual tax revenue loss to

the County for the 2015 through the 2018 tax years shall be determined by the payment calculation formula marked "Exhibit A", attached hereto and incorporated herein for all purposes. Company hereby agrees pay the County the a percentage of equivalent taxes on Freeport Goods each year out of tax years 2015 through 2018, according to the percentages cited in the schedule attached as Exhibit “A” on or before December 31 of each year. Exhibit “A” also includes an estimated amount for each tax year that is the subject of this Agreement. That estimated amount is based on factors that may change from one tax year to the next, namely: a) the value of Freeport Goods that are cited in Company’s rendition statements and property reports for a given tax year, and b) the tax rate(s) of the County for a given tax year. For these reasons, the Parties agree that the estimated amounts to be paid by Company that are cited in Exhibit “A” are only referenced for the purposes of illustration. The amount actually due and payable by Company under this Agreement shall be established by the procedure described in Section 3, below.

3. In order to establish an equivalent value of taxation upon Freeport Goods under

this Agreement, Company shall deliver its rendition statements and property reports to the chief appraiser no later than April 15 of each tax year, pursuant to Section 22.23(a) of the Tax Code. It shall be the responsibility of Company pursuant to Section 11.43(d) of the Tax Code, on or before April 30 of each tax year, to file an annual exemption application form with the chief appraiser for Hays County Appraisal District. In the event Company fails to timely deliver its rendition statements and property reports in any tax year, or fails to timely file its application for tax exemption in any tax year, then any payment made by Company to the County will be retained by the County, and Company may also be liable for a larger percentage of taxes on Freeport Goods than the estimates reflected in Exhibit “A.”

4. This Agreement is limited to Company’s taxes, or the equivalent thereof, on Freeport Goods. This Agreement shall not modify or alter Companies obligation to pay the County ad valorem taxes, personal property taxes, or any other taxes which Company is obligated to pay to County or any other taxing entity on an annual basis.

5. COMPANY SHALL INDEMNIFY THE COUNTY FOR ANY AND ALL EXPENSES INCURRED IN PURSUIT OF THE COLLECTION OF COMPANY’S DELINQUENT PAYMENTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY AND ALL LEGAL FEES, SERVICE-OF-PROCESS FEES, AND FILING FEES INCURRED BY THE COUNTY.

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6. This Agreement is executed by the parties hereto without coercion or duress and of substantial consideration, the sufficiency of which is forever confessed.

7. Any notice required by this Agreement shall be deemed to be properly served if deposited in the U.S. mail by certified letter, return receipt requested, addressed to recipient at the recipient’s address, shown below, subject to the right of either party to designate a different address by notice given in the manner just described.

8. The obligations of the parties to this Agreement are performable in Hays County,

Texas. If legal action is necessary to enforce same, exclusive venue shall lie in Hays County, Texas.

9. This Agreement is made subject to all applicable State and Federal laws and

shall be governed and construed in accordance with the laws and court decisions of the State of Texas.

10. The parties executing this Agreement represent to each other and to others that

all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for same to be an authorized and binding Agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her name hereto is authorized to do so, and such authorization is valid and effective on the date hereof.

11. This Agreement may be executed in any number of counterparts, each of which

shall be deemed an original and constitute one and the same instrument.

12. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties and relating to matters in this Agreement, and except as otherwise provided herein, cannot be modified without the written consent of the parties, such consent to be attached to and made a part of this Agreement.

[The remainder of this page intentionally left blank]

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This Agreement shall be effective on the latest date as reflected by the signatures below.

EXECUTED this _____ day of _______, 2014 by Hays County, a political subdivision of the State of Texas. Hays County ____________________________________ By: Judge Bert Cobb, M.D. Hays County Judge ATTEST: By: Liz Q. Gonzalez, Hays County Clerk EXECUTED this _____ day of ________, 2014 by ________________, ______, a Texas ____________________________. <COMPANY NAME> By: <Printed Name> <Title> STATE OF TEXAS

COUNTY OF HAYS

This Freeport Exemption Agreement was executed and acknowledged before me on ______________ (date) by ________________, acting as duly authorized in her capacity as ___________ of _______________________.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of _____, 2014.

Notary Public [Notary's Printed Name] My Commission Expires:

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EXHIBIT A County Payment Schedule and Estimated Payment Amounts

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AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding the performance and duties of the Veterans Service Officer, Fire Marshall, Emergency Management Coordinator, IT Director, Human Resources Director, Transportation Director, General Counsel, Elections Administrator, Development and Community Services Director, and Grants Administrator.


EXECUTIVE SESSION October 14, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY

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