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Commissioners Court –August 7, 2012 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 7th day of August, 2012, 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 4-9 Presentation by representatives of the Scheib Center regarding the services provided by Scheib and a proposed new building at their existing location. COBB

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 10 Approve payments of county invoices. HERZOG 3 11-16 Approve Commissioners Court Minutes of July 31, 2012. COBB/GONZALEZ

4 17-27

Approve the not-to-exceed fee and compensation cap on the Huitt-Zollars Professional Service Agreement in the amount of $25,000.00 to provide construction phase services on the Lakewood Drive Priority Road Bond Program project in accordance with Supplement No. 4 to Work Authorization No. 1. JONES

5 28 Authorize the Sheriff’s Office to submit an application to the Home Depot Foundation for a Community Impact Grant in the amount of $4,900.52 for the renovation of the Public Safety Building. COBB/CUTLER

6 29-32 Approve Utility Permits. COBB

7 33-35 Approve a proposal and authorize Milliman to review the County's GASB 45 liability to determine if any changes can be made to reduce the County's liability. COBB/HERZOG

8 36-39 Amend the budget of our self-insurance line item from the legal line item in the countywide budget to provide additional funding to replace 2 wrecked vehicles in the Sheriff's office. COBB/HERZOG

9 40-46 Amend and Restate the Hudson Ranch Subdivision Agreement between Hays County and Jeremiah Venture, LP, a Texas limited partnership, to update said Agreement and make modifications per staff recommendation. JONES/KENNEDY/MCINNIS

10 47-49 Authorize Institutional OSSF Permit at 12345 Pauls Valley Road, Austin, Texas 78737. WHISENANT/GARZA

11 50-52 Authorize purchase of replacement ramps from Road & Bridge General Fund and amend the budget accordingly. COBB/BORCHERDING

ACTION ITEMS

SUBDIVISIONS

12 53-54

12-3-25 Vacate and Replat of Lots 27 & 28, River Oaks of Wimberley Unit 1, Section 2 (1 lot). Discussion and possible action to consider variances from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities and Table 721.02 of the Hays County Development Regulations; approve final plat; hold a public hearing. CONLEY/MCINNIS

13 55-56 12-2-28 Vacate and Replat of Lots 18 & 19, Ruby Ranch Phase 7 (1 lot). Discussion and possible action to approve final plat; hold a public hearing. JONES/MCINNIS

14 57-59 Discussion and possible action to authorize the filing of the record plat for the Villegas Acres subdivision. JONES/MCINNIS

15 60-65 12-2-14 Shadow Creek Phase Six, Section Two (50 lots). Discussion and possible action to approve final plat and accept fiscal surety in the amount of $541,945.69. JONES/MCINNIS

MISCELLANEOUS

16 66 Discussion and possible action to authorize the County Judge to execute an amendment to the Interlocal Agreement between Hays County, the City of San Marcos, and the City of Austin, related to forensic lab testing. COBB/CUTLER/TIBBE

17 67-70 Discussion and possible action to adopt a resolution in support of establishing a truck route on Wimberley's Winters Mill Parkway. CONLEY/BORCHERDING

18 71 Discussion and possible action to nominate South Hays Fire Department Chief David Smith to fill a vacant position reserved for a Hays County representative on the CAPCOG (Capital Council of Governments) Regional 9-1-1 Task Force. CONLEY/CARPENTER

19 72-73

Discussion and possible action to adopt a resolution in support of the Capital Area Rural Transportation System (CARTS) creating a combined Urban/Rural Transit District, in accordance with Section 458 of the Texas Transportation Code and confirming Hays County's desire to be included within the District and request that the City of San Marcos formally confirm the creation of the Urban/Rural Transit District. INGALSBE

20 74-94 Discussion and possible action to authorize the County Judge to execute a Grant Contract with the Texas Office of the Attorney General (OAG), Crime Victim Services Division for up to $42,000.00. INGALSBE/CUTLER/GRAVES/HAUFF

21 95-96 Discussion and possible action to adopt rules and regulations for the Jacob's Well Natural Area. CONLEY/GARZA/HAUFF

22 97-139 Discussion and possible action to authorize the County Judge to execute an agreement with the City of San Marcos regarding subdivision and development regulation in the extraterritorial jurisdiction of San Marcos, pursuant to HB1445 (2001). INGALSBE/GARZA/KENNEDY

23 140-182 Discussion and possible action to authorize the County Judge to execute an agreement with the City of Kyle regarding subdivision and development regulation in the extraterritorial jurisdiction of Kyle, pursuant to HB1445 (2001). JONES/INGALSBE/MCINNIS/KENNEDY

24 183-184 Discussion and possible action authorizing the ratification of specifications for Bid No. 2012-B07 FM 110, and the Purchasing Department’s actions to solicit for bid and advertise. INGALSBE

WORKSHOP

25 185 Budget workshop regarding the FY 2013 Hays County Budget. Possible action may follow. COBB/HERZOG

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.

26 186

Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development information, called “Project Amp.” Related to an Economic Development Agreement with Ampersand Art Supply, Inc. Possible action may follow in open Court. COBB

27 187

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to Right of Way acquisition on FM 1626. Possible action to follow in open court. JONES

28 188

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to the marketing and potential sale or lease of County owned properties. Possible action may follow in open court. 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.

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

30 Discussion of issues related to proposed capital construction projects in Hays County, including but not limited to the Government Center; the proposed Precinct 2 office; and the Law Enforcement Center Immediate Needs Project. Possible action may follow. INGALSBE

31 Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime Strategies and Jeff Curren, HDR. Possible action may follow. COBB

32 Discussion of material relating to the Hays County Water and Sewer Authority and/or the LCRA divestiture. WHISENANT

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 3rd day of August, 2012

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 by representatives of the Scheib Center regarding the services provided by Scheib and a proposed new building at their existing location.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS August 7, 2012

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

COBB N/A

SUMMARY

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SERVICES PROVIDED BY SCHEIB

The Scheib Center provides mental heath and mental disability services to residents in San Marcos and Hays County mainly to those without insurance and those on Medicaid. Our two service areas are: Mental Health Services and services to those with mental disabilities, which today is known as Intellectually Developmentally Disabled.

Mental Health (MH) services include: 1. Full staff of psychiatrists, nurses, counselors, social workers, and case

workers for children, adults, and the elderly 2. Distribution of needed medicines 3. Peer to Peer and group counseling 4. Liaison for Adult and Juvenile Courts when mental disabilities, drug

related problems, and legal problems are involved 5. Operating as the liaison for the public schools when children are in crisis

or have mental disabilities 6. Providing the home office for the San Marcos/Hays County Mobile Crisis

Outreach Team (MCOT) which includes staff and policemen trained in mental health issues and legal problems

7. Assistance to Veterans in need of mental health services

Intellectually Developmentally Disabled (IDD) services include: 1. Day Workshop for 80-100 developmentally disabled adults 2. Medical care and behavioral support for disabled adults

3. Respite services for families of individuals with developmental disabilities

3. Supported employment services for individuals working in the community with developmental disabilities 5. 10 foster homes for adults and 5 group homes and supported home living services for adults with developmental disabilities

Approximately 1,800 adults and children receive regular services at Scheib. This number does not include all the family members, parents, and care givers who benefit from the counseling, education, and emotional support involved in helping their loved ones. San Marcos and Hays County benefit from having citizens with better mental health and the type of ongoing care provided by Scheib. Our goal is to continue to search for ways to assist recovery and to improve the lives of our citizens.

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Why the Scheib Center Needs a New Mental Health Building

In the last few years the number of people serviced by Scheib has increased by 33%! As San Marcos and Hays County continue to grow, so does our mentally disabled population. The State of Texas mandates that a mental health center cannot turn away anyone with Medicaid whether there is or is not space to serve them. Therefore, the Scheib Center must serve them. We must have additional space to meet these requirements. Consider the following:

1. The Scheib Mental Health (MH) Building currently serves almost 1,800 clients (adults and children). In a typical day there are 22 staff members serving 75-80 clients in a building with only 14 offices. Four case managers share a single office and only one can provide counseling at a time; thereby slowing treatment. Offices are 8’ x 9’ which is just enough space for a small desk and a patient chair. Delivering family consultations or consultation to wheel chair patients is difficult and shuffling is required to find space.

2. There are 5 psychiatrists that service the Scheib Center. Like the case managers they share 2-3 available offices. In order to serve clients, they rotate use of the offices; this limits when they can work. They also constantly juggle the use of the conference room.

3. Federal HIPPA laws require confidentiality which means there must be separate offices for each consultation to maintain that privacy. The current lack of space for doctors, nurses and case managers drastically slows delivery of services.

4. The MCOT team (Mobil Crisis Outreach Team) consists of a licensed therapist, a psychiatrist, 2 case managers and 3 police officers. Their mission is to intervene and prevent crisis situations in San Marcos and Hays County. They try to avoid hospitalization and promote the least restrictive treatment. The Crisis team is in another building away from the Mental Health service team.

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Dangerous situations arise which require the MCOT team to send staff to the MH building for backup.

5. The Veterans Counselor has an office in the building with MCOT and is also isolated. Thus, records, nurses and psychiatrists are not easily available. Sadly, earlier in 2012, four Central Texas area veterans committed suicide. None were from the area Scheib serves, but these tragedies remind us of the importance of our veteran’s mental health initiative at Scheib.

6. The medical records clerk has a 7’ x 8’ office crowded with files which must be moved just to enter or exit the office. The main records room is in another part of the building. Also there are other records in another building which requires staff to cross an outside open area to retrieve the files. This scenario happens two to three times per day while patients and doctors wait.

7. Recently a grant became available to provide a pharmacy within the MH building. Initially, it was going to be turned down, there was just not enough space. But a new building allows Scheib to provide space for this needed service. This is a significant service that MH should provide.

8. The overcrowding of the MH building significantly impacts the other key Scheib service area; the mentally disabled or Intellectually and Developmentally Disabled (IDD) clients. The IDD Building provides a functional space and workshop for the 80-100 daily clients, but has no exercise and recreation space. The new MH building will free-up space which can be used by IDD for exercise, therapy and recreational activities.

The solution: The Scheib Board has initiated an achievable plan to remedy the above. Construction plans for a 4,000 square foot building which will be attached to the existing MH Building have been prepared. We have a contractor committed to the final price. We have the gift of a Mueller building, which gives us the shell for the final product. Finally, we are raising the remaining $125,000.

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July 22, 2012

Dear

As Chairman of the Scheib Center Board of Directors, I have some very good news!

The Scheib Center competed with 150 charities throughout Texas in the “2012 Mueller Helping Hand Project”. The award is a 4,000 sq. ft. Mueller metal building. Scheib is the 2012 winner!

Now, I need your help!

As you know, the Scheib Center provides mental health services and services for the developmentally disabled to over 1,800 residents in San Marcos and Hays County. The Scheib Center is in dire need of additional space to meet the ever growing mental health services requirements. We have this need but not enough money to remedy the problem. We have a significant building fund, but not enough. It is our mission to add a building to support the mental health services.

Operating on faith, drawings for a new building were completed and then we started looking for grants. As part of this process, we submitted an application to compete in a statewide competition, known as the “Mueller Helping Hands Project”. In June we were notified that we were in the top 4 and a combined selection team from Mueller, Inc. and popular television show Texas Country Reporter were coming to San Marcos. Four days later we presented our story to them which outlined Scheib’s need for space and also how the community would support this project. The selection team toured the facility and met our people. The Mayor, Hays County Judge and our State Representative committed their support. In early July, we received notice, that WE WON!

The selection was based, first on need and second whether we had the ability to complete the building.

Mueller not only donates the building but erects it with a volunteer force of 40 of their employees which is an amazing gift from a Texas

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company with a big heart. Mueller will provide the building frame, skin, roof, and exterior doors. We must provide the rest.

So, how do we complete the building? Scheib currently has $250,000 to commit to this project. Scheib must fund the parking lot, foundation, plumbing, electrical, air conditioning, interior walls and doors, flooring, plus build a breezeway to link the new building to the existing Mental Health Building. Our cost estimate to complete the project is $375,000. The donation of the building forced us to a deadline. The foundation must be complete by September 15. Mueller will erect the building in three days at the beginning October 1. A celebration of the completed building shell on October 4th will be filmed by Texas Country Reporter television show. With all the funds, this building will be occupied before Christmas. This is fast and the deadlines are dictated by TV filming schedules. So, we have 60 days to raise $125,000 to complete the project.

Skeptics are out there, but I believe this can and will be done. Scheib and its clients have worked too hard to come up short. We proceeded down a path of faith when we competed for the building and will continue this path to raise the additional money needed.

This is where you come in. Will you support Scheib? Will you make a tax deductable donation of $500, $5,000 or $10,000? Any size donation will help. As Judge Bill Henry said in the presentation, “for every $1 spent at Scheib, $5 is saved by the taxpayer”. What a tragedy to erect the building and then delay occupancy.

If you have questions or would like a tour, please call me. I have enclosed information on Scheib needs and on the services provided.

Thank you, Lisa Spencer, Chairman of the Board of Directors

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AGENDA ITEM

Approve payment of County invoices.


CONSENT August 7, 2012

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 July 31, 2012



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

VOLUME U PG 846 ***** ***** JULY 31, 2012

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 31ST DAY OF JULY A.D., 2012, 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 ROSE ROBINSON DEPUTY COUNTY CLERK

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Judge Cobb gave the invocation and Judge Cobb led the court in the Pledge of Allegiance to the flags. Judge Cobb called the meeting to order. PUBLIC COMMENTS Constable Kohler Precinct 2, Richard Schneider spoke on behalf of Former Commissioner Precinct 2 Jeff Barton made a public comment. 28268 PRESENTATION OF THE JACOB'S WELL NATURAL AREA MASTER PLAN BY RVI,

WITH ACTION TO ADOPT THE PLAN Dorothy Knight – Wimberley resident, Sam Brannon – San Marcos resident and Jeff Hauff Grants Administrator spoke. Chris Lalich with RVi Planning + Landscape Architecture presented a final draft version of the Plan. In October of 2011, the Commissioners Court approved a contract with RVi for preparation of a development Master Plan for the Jacob's Well Natural Area. A Stakeholder's Group was also formed to provide input and help guide the process. Two public meetings were conducted in Wimberley, the first to solicit input for development options, the second to comment on the development proposal. Commissioner Conley spoke of the Project goals for the Jacob’s Well Natural Area Master Plan (1) teach about the outdoors in the out-of-doors (2) promote educational awareness, appreciation and stewardship of Jacob’s Well (3) Promote a conservation ethic that visitors can take with them (4) Provide an open space amenity of Hays County residents of all ages (5) Become part of a network of parks and open space (6) Protect a natural resource which will enhance the quality of life and well-being of residents, visitors, and future generations (7) Regulate access to site in order to maintain and restore water quality and infiltration (8) Consider LEED rating and implement Net Zero principles when possible. RVi Planning + Landscape Architecture presented a final draft version of the Plan. In October of 2011, the Commissioners Court approved a contract with RVi for preparation of a development Master Plan for the Jacob's Well Natural Area. A Stakeholder's Group was also formed to provide input and help guide the process. Two public meetings were conducted in Wimberley, the first to solicit input for development options, the second to comment on the development proposal. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to adopt the Jacob’s Well Natural Area Master Plan. All voting “Aye”. MOTION PASSED 28269 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve payments of County Invoices in the amount of $1,819,289.32 as submitted by the County Auditor. All voting “Aye”. MOTION PASSED 28270 APPROVE COMMISSIONERS COURT MINUTES OF JULY 24, 2012 A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve Commissioners Court Minutes of July 24, 2012 as presented by the County Clerk. All voting “Aye”. MOTION PASSED 28271 ACCEPT THE DISTRICT CLERK FEE COLLECTION REPORT FOR APRIL – JUNE

2012 Art. 103.005, Code of Criminal Procedure, Required Report of an officer listed in Article 103.003 who collects money other than taxes for a County shall report to the Commissioners Court of the County for which the money was collected during each term of the court. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to accept the District Clerk Fee Collection Report for April – June 2012. All voting “Aye”. MOTION PASSE

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JULY 31, 2012 ***** ***** VOLUME U PG 847 28272 AWARD CONTRACT TO AULICK AND ASSOCIATES LLC FOR RFQ #2012-P07 FOR

PLANNING AND MANAGEMENT SERVICES FOR TRANSPORTATION PROGRAMS AND PROJECTS AND AUTHORIZE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT

BAulick & Associates LLC is the only firm that responded to the RFQ. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to award contract to Aulick and Associates LLC for RFQ #2012-P07 for Planning and Management Services for Transportation Programs and Projects and authorize County Judge to execute a Professional Services Agreement. All voting “Aye”. MOTION PASSED 28273 AUTHORIZE THE COUNTY JUDGE TO REQUEST FUNDS FROM THE TEXAS

COMPTROLLER OF PUBLIC ACCOUNTS ASSOCIATED WITH UNCLAIMED CAPITAL CREDITS RECEIVED FROM ELECTRIC COOPERATIVES AND TO CERTIFY THAT USE OF THE FUNDS WILL BE FOR A PROGRAM AS SPECIFIED UNDER TEXAS LOCAL GOVERNMENT CODE, SECTION 381.004 AND UPON RECEIPT AMEND THE BUDGET ACCORDINGLY

The Texas Comptroller is authorized, under section 74.602 of the Texas Property Code, to allocate a portion of the monies associated with unclaimed capital credits received from electric cooperatives back to counties in the Cooperative's Service Area for use to support programs under Section 381.004 of the Local Government Code. The County must request these funds and certify that funds will be used for purposes as specified under section 381.004. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to request funds from the Texas Comptroller of Public Accounts associated with unclaimed capital credits received from electric cooperatives and to certify that use of the funds will be for a program as specified under Texas Local Government Code, Section 381.004 and upon receipt amend the budget accordingly. All voting “Aye”. MOTION PASSED 28274 RENEW EXISTING BID 2010-B19 "REGULATORY, WARNING AND OTHER ROAD

SIGNS FOR ONE (1) ADDITIONAL YEAR AS PROVIDED FOR IN THE ORIGINAL BID

All terms and conditions remain unchanged and in full force and effect as provided in the original Bid. There are no price increases. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to renew existing Bid 2010-B19 "Regulatory, Warning and Other Road Signs for one (1) additional year as provided for in the original bid. All voting “Aye”. MOTION PASSED 28275 ACCEPT A $1,500.00 DONATION TO THE SHERIFF'S OFFICE COMMUNITY

OUTREACH PROGRAM AND AMEND THE BUDGET ACCORDINGLY The Sheriff's Office received two donations totaling $1,500.00 for National Night Out and request to deposit into 052-618-00.5222. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept a $1,500.00 donation to the Sheriff's Office Community Outreach program and amend the budget accordingly. All voting “Aye”. MOTION PASSED 28276 APPROVE UTILITY PERMITS A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Utility Permits # 857 on Crystal Hills Drive issued to Pedernales Electric, Permit # 858 on Dacy Lane and Permit # 859 on Hillside Terrace issued to Pedernales Electric, Permit # 860 on Fox Hollow Drive issued to DComm, Inc., Permits # 861 on Silent Moon Circle and Permit # 862 on Persimmon Drive issued to Spec Construction as submitted by the Road Department. All voting “Aye”. MOTION PASSED 28277 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A GRANT CONTRACT WITH THE

TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $376,436.00, FOR VARIOUS PROGRAMS WITHIN THE PERSONAL HEALTH DEPARTMENT

This contract from the Texas Department of Health Services (DSHS) is a renewal for the following programs: RLSS-Local Public Health Services in the amount of $51,463.00, Immunization in the amount of $192,341.00 and Public Health Emergency Preparedness in the amount of $145,896, which includes $13,264.00 as the contractor share for the total project amount $376,436. Rather than having individual contracts for each of the programs, this consolidates the various programs under one contract. Amount required $13,264.00 budgeted in FY13 in multiple G/L accounts. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a grant contract with the Texas Department of State Health Services in the amount of $376,436.00, for various programs within the Personal Health Department. All voting “Aye”. MOTION PASSED

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VOLUME U PG 848 ***** ***** JULY 31, 2012 28278 APPROVE RESOLUTION AND AUTHORIZE THE COUNTY JUDGE TO SUBMIT A

GRANT APPLICATION FOR $100,000 TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR DEVELOPMENT OF THE JACOB'S WELL NATURAL AREA

The Texas Parks and Wildlife Department, Recreation Grants Branch has issued a Special Call for Projects under its Local Park Grant Program, with applications due by August 1, 2012. With very limited funding, the maximum grant request is $100,000 (previously this was $500,000), which must be matched on a 50/50 basis by the entity submitting the request (for a $200,000 total project). The match for Hays County will be in the land value of properties already acquired for the Jacob's Well Natural Area, so no additional funds are required. The grant proposal will request funding for professional services such as cultural resource surveys, appraisal fees, and recreational elements including an outdoor classroom, playscape, trails, interpretive signs, picnic tables and benches, wildlife viewing blinds, rainwater collection system, bike racks, and native plant restoration. It is expected that much of the work can be completed with in-house forces and volunteers. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Resolution and authorize the County Judge to submit a grant application for $100,000 to the Texas Parks and Wildlife Department for development of the Jacob's Well Natural Area. All voting “Aye”. MOTION PASSED 28279 AMEND THE BUDGET OF THE CIVIC CENTER FOR UTILITIES FROM

CONTINGENCIES Civic Center requires $16,000 in utilities to finish balance of year. Civic Center cannot transfer from within its own budget for that amount; Contingencies has undesignated funds available, and could be able to transfer that amount. Amount required $16,000 to 001-646-00.5480_040 Civic Center Utilities increase 16,000 from 001-645-00.5399 Countywide Contingencies decrease (16,000). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to amend the budget of the Civic Center for Utilities from Contingencies. All voting “Aye”. MOTION PASSED 28280 AUTHORIZE COUNSEL TO PREPARE AND SEND A TERMINATION LETTER TO

MITCH MUNCH'S MAINTENANCE MANAGEMENT CO., DISCONTINUING JANITORIAL SERVICES FOR THE HAYS COUNTY GOVERNMENT CENTER

The current contract with 4M Janitorial Service will automatically renew on 1/3/2013. This action will authorize Counsel to send a 30 day termination notice, consistent with the contract. Future Janitorial Services at the Government Center will be provided by Hays County Facility Maintenance staff. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize Counsel to prepare and send a termination letter to Mitch Munch's Maintenance Management CO., discontinuing janitorial services for the Hays County Government Center. All voting “Aye”. MOTION PASSED 28281 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT, TJJD GRANT A STATE

AIDE TO PURCHASE EQUIPMENT AND AMEND THE BUDGET ACCORDINGLY On July 24th, the Commissioner's Court authorized the Juvenile Probation to accept additional funding from Texas Juvenile Justice Department Grant A to purchase equipment to support the implementation of Juvenile Case Management System (JCMS). Funds will be used to purchase a television compatible for training. The pricing for this equipment has increased since the initial quote; therefore we need to amend the budget to compensate for the increase. No County Funds needed. Amount Required $198.00 Grant Funds. Decrease General Supplies Expense: 001-686-99-027.5201 ($198) Increase Misc Eqpt. Expense: 001-686-99-027.5719_400 $198.00. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the Juvenile Probation Department, TJJD Grant A State Aide to purchase equipment and amend the budget accordingly. All voting “Aye”. MOTION PASSED 28282 AUTHORIZE THE COUNTY JUDGE TO APPROVE THE AWARDING OF BIDS

RECEIVED FOR THE FM 1626-NORTHERN SECTION PASS-THROUGH FINANCING PROJECT TO THE LOWEST BID FROM SEMA CONSTRUCTION CONTINGENT UPON CONCURRENCE AND APPROVAL FROM TXDOT

Jacobs Engineering has performed a review and bid tabulation of the detailed bid forms submitted for the FM 1626 (North) project. Bids for this project were received from SEMA Construction, Inc. Angel Brothers, Dan Williams Company, Hunter Industries and Capital Excavation. With the recommendation of the design engineer, Jacobs Engineering, for award of the FM 1626 Northern Section Construction Contract to SEMA Construction in the contract amount of $17,235,782.15. The Contractor’s low bid is $2,891,154.79 under the Engineer’s estimated cost of construction. This represents an approximate 14% savings to the County. Amount required $17,235,782.15 within budget of road bond funds 023-802-96-629.5611. A motion was made by Commissioner Jones, seconded by Commissioner Conley to authorize the County Judge to approve the awarding of bids received for the FM 1626-Northern Section Pass-Through Financing Project to the lowest bid from SEMA Construction contingent upon concurrence and approval from TxDOT. All voting “Aye”. MOTION PASSED

14


JULY 31, 2012 ***** ***** VOLUME U PG 849 28283 ANVIL BLOCK SUBDIVISION [12-3-20 – 1 LOT] APPROVE PRELIMINARY PLAN Roxie McInnis Subdivision Coordinator spoke and gave staff recommendation. The Anvil Block Subdivision is a proposed 7.00 acre division of land located off of Posey Road in Precinct 3. Water service will be provided by the City of San Marcos and wastewater treatment will be accomplished by an on-site sewage facility to be permitted by Hays County. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to approve the Preliminary Plan for the Anvil Block Subdivision. All voting “Aye”. MOTION PASSED 28284 APPROVE PURCHASING THE BRAZOS TECHNOLOGY E-CITATION/MOBILE DATA

CAPTURE SYSTEM FOR LAW ENFORCEMENT THROUGH TYLER TECHNOLOGIES AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE SALES AGREEMENT

Captain Mark Davenport, Sheriff Office spoke of the total Charges for the system for the first year is $50,348. For the remaining years annual charges will be $4100 and can increase if additional hardware is placed in service. Amount required $50,348.00 plus annual fees. Justice Court Technology $43,548; 112-628-00.5712, $6,800 Sheriff Drug Forfeiture 053-618-00.5712. A motion was made by Commissioner Conley, seconded by Commissioner Jones to approve purchasing the Brazos Technology e-Citation/Mobile Data Capture System for Law Enforcement through Tyler Technologies and authorize the County Judge to execute the Sales Agreement. All voting “Aye”. MOTION PASSED 28285 MODIFY THE MANAGEMENT AGREEMENT BETWEEN WIMBERLEY VALLEY

WATERSHED ASSOCIATION AND HAYS COUNTY RELATED TO THE JACOBS WELL NATURAL AREA

Commissioner Conley Precinct 3, Special Counsel Mark Kennedy, Jack Hollon – Wimberley resident, Malcolm Harris – Wimberley resident, Linda Lang – Wimberley resident, Clint Garza Director of Development Services and Bill Herzog County Auditor spoke. A motion was made by Commissioner Conley, seconded by Commissioner Jones to resend the Management Agreement between Wimberley Valley Watershed Association and Hays County related to the Jacobs Well Natural Area and to authorize the County Judge to . All voting “Aye”. MOTION PASSED 28286 REIMBURSE THE WIMBERLEY VALLEY WATERSHED ASSOCIATION FOR

EXPENSES INCURRED WITH REGARDS TO MANAGEMENT AND OPERATIONS RELATED TO THE JACOBS WELL NATURAL AREA

Commissioner Conley Precinct 3, Special Counsel Mark Kennedy, Jon Cobb – Dripping Springs resident, Winton Porterfield –Wimberley resident, Jimmy Skipton III – Dripping Springs resident, Jimmy Skipton IV – Dripping Springs resident, Linda Lang – Wimberley resident, Clint Garza Director of Development Services and Bill Herzog County Auditor spoke. Amount required $79,430.15; 150-813-97-407.5611-700. A motion was made by Commissioner Conley, seconded by Commissioner Jones to reimburse the Wimberley Valley Watershed Association for expenses incurred as part of the management in the maximum amount of $79,430.15 and to authorize the County Judge to recommendation the Development Services Department and the Auditor’s to authorize the reimbursement at their discretion. All voting “Aye”. MOTION PASSED Clerk’s Note Agenda Item #20 RE: DISCUSSION AND POSSIBLE ACTION TO ADOPT RULES AND REGULATIONS FOR THE JACOBS WELL NATURAL AREA-was pulled DISCUSSION AND UPDATE REGARDING THE PROGRESS OF THE 1115 WAIVER PROGRAM Lon Shell gave an update of the progress of the 1115 Wavier Program. State has been granted a Section 1115(a) waiver under the Social Security Act. The waiver provides for the Creation of Regional Healthcare Partnerships (RHP) that will develop health plans to accomplish the goals of the waiver. Several documents have been attached that provide information related to the RHP and the implementation of the 115 Waiver Program.

15


VOLUME U PG 850 ***** ***** JULY 31, 2012 DISCUSSION ON DATES FOR BUDGET WORKSHOPS AND PRESENTATION OF THE HAYS COUNTY JUDGE’S FY 2013 RECOMMENDED BUDGET The FY 2013 County Judge’s recommended Budget items of interest are: No Tax Rate increase - .4691, 2% Increase for Law Enforcement per Collective Bargaining Agreement - $265k (includes fringe), 3% Merit Pool for all other employees, including Elected Officials - $691k (includes fringe), Consolidated Government Center Security budget into the Sheriff Operating budget to allow for flexibility in staff, $160k for new positions and re-grades (includes fringe), Social Service Agencies funded at same level as FY12. Over the next two months, the Commissioners Court will insure all issues of the budget are addressed and the final adopted budget establishes the best possible plan for Hays County. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, OR VALUE OF REAL PROPERTY RELATED TO THE MARKETING AND POTENTIAL SALE OR LEASE OF COUNTY OWNED PROPERTIES Court convened into closed Executive Session at 12:30 p.m. and reconvened into open court meeting at 12:40 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant, Special Council Mark Kennedy and Lon Shell. No Action Taken. Clerk’s Note Agenda Item #24 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION-was pulled Clerk’s Note Agenda Item #25 RE: DISCUSSION OF ISSUES RELATED TO PROPOSED CAPITAL CONSTRUCTION PROJECTS IN HAYS COUNTY, INCLUDING BUT NOT LIMITED TO THE GOVERNMENT CENTER; THE PROPOSED PRECINCT 2 OFFICE; AND THE LAW ENFORCEMENT CENTER IMMEDIATE NEEDS PROJECT- was pulled Clerk’s Note Agenda Item #26 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES AND JEFF CURREN, HDR-was pulled Clerk’s Note Agenda Item #27 RE: DISCUSSION OF MATERIAL RELATING TO THE HAYS COUNTY WATER AND SEWER AUTHORITY AND/OR THE LCRA DIVESTITURE-was pulled A motion was made by Commissioner Whisenant, 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 July 31, 2012.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

16




AGENDA ITEM

Consent to approve the not-to-exceed fee and compensation cap on the Huitt-Zollars Professional Service Agreement in the amount of $25,000.00 to provide construction phase services on the Lakewood Drive Priority Road Bond Program project in accordance with Supplement No. 4 to Work Authorization No. 1.


CONSENT August 7, 2012 $25,000.00

LINE ITEM NUMBER 27-802-96-635.5621

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG


JONES JONES N/A

SUMMARY 27B64B101B138B175B212B249B286B323BThe Lakewood Drive at FM 1626 project was identified as a key project in Precinct 2 as part of the 2008 Priority Road Bond Program. The project design is complete and construction is anticipated to begin in October 2012. 28B65B102B139B176B213B250B287B324BAs such, it has become necessary to supplement the Huitt-Zollars work authorization to provide construction phase services. These services were not included in the initial work authorization to permit development of an appropriate scope and fee for these services once it was determined who would be providing construction inspection services and a more accurate construction schedule was available. 29B66B103B140B177B214B251B288B325BConstruction phase services include: 30B67B104B141B178B215B252B289B326B1) Attend non-mandatory pre-bid meeting with construction contractors, 31B68B105B142B179B216B253B290B327B2) Attend preconstruction meeting and construction progress meetings, 32B69B106B143B180B217B254B291B328B3) Review shop drawing submittals, 33B70B107B144B181B218B255B292B329B4) Respond to Contractor requests for information (RFIs), and 34B71B108B145B182B219B256B293B330B5) Review Contractor Change Order requests. 35B72B109B146B183B220B257B294B331BSupplement No. 1 to the Professional Services Agreement and Supplement No. 4 to Work Authorization No. 1 are attached for the Court's approval. 36B73B110B147B184B221B258B295B332BFunds are available within the project's bond program budget.

17

SUPPLEMENTAL AGREEMENT NO. 1 TO THE

PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § § HAYS COUNTY § This Supplemental Agreement to the Professional Services Agreement (Lakewood Drive at FM 1626) is made and entered into this day by and between Hays County, Texas, a political subdivision of the State of Texas, (the "County") and Huitt-Zollars, Inc. (the "Engineer"). WHEREAS, the County and the Engineer executed a contract on February 09, 2010; WHEREAS, the not-to-exceed fee in Exhibit 1, Section 1, Item 1.1 was set at $150,000.00; and; WHEREAS, the “Compensation Cap” in Exhibit I, Section 4, Item 4.3 was set to limit the maximum amount payable under the Agreement to $150,000.00; and; WHEREAS, the Hourly Rates in Exhibit II are limited to the rates noted; and; WHEREAS, it has become necessary to amend the Agreement.

AGREEMENT

NOW, THEREFORE, premises considered, the County and the Engineer agree that said Agreement is amended as follows:

I. The not-to-exceed fee in Exhibit 1, Section 1, Item 1.1 is hereby increased from $150,000.00 to $175,000.00.

II. The “Compensation Cap” in Exhibit 1, Section 4, Item 4.3 is hereby increased from $150,000.00 to $175,000.00.

III. The hourly rates included in Exhbit II are hereby amended to include rates for 2012 / 2013 Supplement No. 1 to Exhibit II.

All other provisions are unchanged and remain in full force and effect.

18

IN WITNESS WHEREOF, the County and the Engineer have executed this supplemental agreement in duplicate, EXECUTED this_____ day of ___________, 2012.

THE ENGINEER: HAYS COUNTY: BY:________________________________ BY:_______________________________ Printed Name:________________________ _______________________________ Hays County Judge Title:_______________________________

Reviewed as to Form By: ___________________________________ County Attorney

Funds Verified By: ____________________________________

County Auditor

19

Huitt-Zollars, Inc. CONTRACT NO. 18-0064-02 Work Authorization No. 1 – Supplemental No. 4

Page 2 of 2

Huitt-Zollars’ hourly rate for 2012 & 2013 is attached for use on this work:

HOURLY RATES

HUITT-ZOLLARS, INC.

CLASSIFICATION BILLING

RATE Principal $ 220.00 Sr. PM $ 205.00 Project Manager $ 170.00 Sr. Civil Engineer $ 175.00 Sr. Structural Engineer $ 195.00 Structural Engineer $ 165.00 Civil Engineer $ 155.00 Engineer Intern $ 115.00 Senior Designer $ 135.00 Designer $ 120.00 Sr. CAD Technician $ 115.00 CAD Technician $ 95.00 Sr. Project Support $ 80.00 Project Support $ 65.00

REIMBURSABLE EXPENSES Mileage Standard Business Mileage Rate

Rates effective till January 31, 2014


SUPPLEMENT NO. 1 TO EXHIBIT II

20

SUPPLEMENT NO. 4 TO WORK AUTHORIZATION NO. 1

STATE OF TEXAS § § HAYS COUNTY § This Supplement No. 4 to Work Authorization No. 1 (Lakewood Drive at FM 1626) is made and entered into this day by and between Hays County, Texas, a political subdivision of the State of Texas, (the "County") and Huitt-Zollars, Inc. (the "Engineer"). WHEREAS, the County and the Engineer executed Work Authorization No. 1 of the Professional Services Agreement on February 10, 2010 and Supplement No. 1 on December 7, 2010 and Supplement No. 2 on April 11, 2011 and Supplement No. 3 on January 9, 2012; WHEREAS, the maximum amount payable for services performed in Part 2 and Attachment D1 was $150,000.00; and; WHEREAS, the Work Authorization termination date was amended to December 31, 2012 by Supplement No. 3; and; WHEREAS, the determination of who would manage the construction phase of the project as made during the project design; WHEREAS, no construction phase support was included in prior work authorizations; and; WHEREAS, the Hourly Rates are limited to the rates noted in Exhibit II of the Professional Services Agreement; WHEREAS, the Hourly Rates in Exhibit II were provided for the calendar years 2010 and 2011; WHEREAS, it has become necessary to amend the Work Authorization.

WORK AUTHORIZATION

NOW, THEREFORE, premises considered, the County and the Engineer agree that said Work Authorization is amended as follows:

I. The maximum amount payable for services performed in Part 2 and Attachment D1 is hereby increased from $150,000.00 (per Supplement No. 4) to $168,790.00.

II. The Scope of work is hereby amended in accordance with the attached SCOPE OF SERVICES TO BE PROVIDED BY THE ENGINEER:

III. The Work Authorization Termination date is hereby amended to December 31, 2013.

IV. The hourly rates included in attachment D2 are hereby amended to include rates for 2012 / 2013 per the attached HOURLY RATE SCHEDULE.

V. All other provisions are unchanged and remain in full force and effect.

21

IN WITNESS WHEREOF, the County and the Engineer have executed this supplemental agreement in duplicate, EXECUTED this_____ day of ___________, 2012.

THE ENGINEER: HAYS COUNTY: BY:________________________________ BY:_______________________________ _______________________________ Printed Name:________________________ Hays County Precinct 2 Commissioner Title:_______________________________

Reviewed as to Form By: ___________________________________ County Attorney

Funds Verified By: ____________________________________

County Auditor

22


Page 1 of 2

SERVICES TO BE PROVIDED BY THE ENGINEER

SCOPE OF SERVICES

The services to be provided by the Engineer under this Work Authorization shall consist of Pre-Bid Services and Construction Support Services for the construction phase of the Lakewood Drive approaches and bridge in Hays County, Texas.

I. Pre-Bid Services (Huitt-Zollars)

A. Attend the Pre Bid Meeting at the Hays County Transportation Office.

B. Attend the Bid Opening at the Hays County Government Center Purchasing Office.

C. Review and Provide Answers to Bidder’s Questions.

II. Construction Contract Administration (Huitt-Zollars)

A. Attend six (6) project site coordination meetings.

B. Provide responses to applicable Requests-For-Information (RFI’s).

C. Review of applicable shop drawings.

D. Preparation of change orders as requested by the County.

The authorized services identified above shall be billed hourly plus direct expenses. The amount is a Not-to-Exceed Budget estimate only. Invoices submitted for bid and construction support services shall include hourly detail and specific references to the services listed under the Items above. No additional services will be performed beyond this amount without prior written prior approval and budget increase from the County.

23


Page 2 of 2

Huitt-Zollars’ hourly rate for 2012 & 2013 is attached for use on this work:

HOURLY RATES

HUITT-ZOLLARS, INC.

CLASSIFICATION BILLING

RATE Principal $ 220.00 Sr. PM $ 205.00 Project Manager $ 170.00 Sr. Civil Engineer $ 175.00 Sr. Structural Engineer $ 195.00 Structural Engineer $ 165.00 Civil Engineer $ 155.00 Engineer Intern $ 115.00 Senior Designer $ 135.00 Designer $ 120.00 Sr. CAD Technician $ 115.00 CAD Technician $ 95.00 Sr. Project Support $ 80.00 Project Support $ 65.00

REIMBURSABLE EXPENSES Mileage Standard Business Mileage Rate

Rates effective till January 31, 2014


24

PROJECT BUDGET WORKSHEET - AUSTIN 2012Hays County Date: 7/31/2012

Lakewood Drive Project Number: Project Template:

Project No.: 18-0064-02 Labor Code Schedule: AU12 Phase Number PBS CSS RMB

Task Number

Description Pre Bid ServicesConstruction Support

Services RMB Expenses

Labor Code

Labor Classification Flat Hourly Billing Rate

TOTAL HOURS TOTAL BUDGET

PIC Principal-In-Charge 220.00$ 0 -$

SPM Sr. Project Manager 205.00$ 0 -$

PMX Project Manager 170.00$ 0 -$

QAM QA/QC Manager 175.00$ 0 -$

SCE Sr. Civil Engineer 175.00$ 4 20 24 4,200.00$

SSE Sr. Structural Engineer 195.00$ 12 60 72 14,040.00$

CEX Civil Engineer 155.00$ 0 -$

STE Structural Engineer 165.00$ 0 -$

SDX Sr. Designer 135.00$ 0 -$

DXX Designer 120.00$ 0 -$

SCT Sr. CADD Technician 115.00$ 0 -$

CTX CADD Technician 95.00$ 0 -$

SPR Senior Project Support 80.00$ 0 -$

PRO Project Support 65.00$ 0 -$

Total Manhours per Phase/Task 16 80 96

3,040.00$ 15,200.00$ 18,240.00$

-$ -$ -$

-$ -$ -$

550.00$ 550.00$

-$ -$ -$

3,040.00$ 15,200.00$ 550.00$ 18,790.00$

Direct Consultants

HZ Labor

Direct Expenses

CONTRACT SUMTotal Fee per Phase/Task

RMB Expenses

RMB Consultants (Distribute among Phases/Tasks as applicable)

RMB Expenses

RMB Consultants

Billing Client:

HZ Labor per Phase/Task

HZ LABOR BUDGET

Direct Consultants (Distribute among Phases/Tasks as applicable)

Direct Expenses (Distribute among Phases/Tasks as applicable)

Contract No.:

Project Name:

18-0064-02 Project_Workbook_Austin_2012.HAYS County Rates.xls / PROJECT BUDGET - HZ25

FUNCTION CODE PBS/CSS

BRIDGE STRUCTURAL DESIGN Principal Senior Project Sr. Civil Civil Sr. Struct. Struct. Engineer Senior Project Subconsultants Task Labor

Task Description PM Manager Engineer Engineer Engineer Engineer Intern Designer Support & Reimbursables Cost (hrs.)

Pre-Bid Services (PBS) -$ - Pre Bid Meeting 4 780.00$ 4 Bid Opening Meeting 4 780.00$ 4 Bidders Questions 4 4 1,480.00$ 8

-$ - Construction Support Services (CSS) -$ - Site Meetings (6 @ 3 Hrs) 18 3,510.00$ 18

-$ - RFI's -$ -

Structural (8 @ 2 hrs/ave) 16 3,120.00$ 16 Roadway (8 @ 2 hrs/ave) 16 2,800.00$ 16

-$ - Shop Drawing Review -$ -

P/S Beams 8 1,560.00$ 8 Panels/Bridge Deck 3 585.00$ 3 Expansion Joints 3 585.00$ 3 Bridge Rail Assembly 3 585.00$ 3 Bent/Abutment Forms 3 585.00$ 3 Concrete Mix Design 3 585.00$ 3 Culverts 3 585.00$ 3 MBGF/TAS/SGT 4 700.00$ 4

-$ - -$ - -$ -

0 0 0 24 0 72 0 0 0 0UNIT TOTALS 220.00$ 205.00$ 170.00$ 175.00$ 155.00$ 195.00$ 165.00$ 80.00$ 135.00$ 65.00$ TOTAL

UNIT RATES -$ -$ -$ 4,200.00$ -$ 14,040.00$ -$ -$ -$ -$ -$ FCSUBTOTALS 18,240.00$ 96 -$ 18,240.00$ COST

LABOR COSTS FC PBS/CSS

LABOR SUMMARY (HRS.) DIRECT COSTS SUMMARY TASK TOTALS

Lakewood Drive Work Authorization #1 - Supplemental No. 4

26

EXPENSE BUDGET WORKSHEET Date: 7/31/2012

Client: Hays County PROJECT NO: 18.0064.02Project Name: Lakewood Drive Contract No.:

Qty Total Copies Cost per

(Copy or Sq Ft) or Sq Feet Copy or Sq Ft*

Outside Reproduction8-1/2x11 (per copy) 0 0 0 0.07$ -$

8-1/2x14 (per copy) 0 0 0 0.08$ -$

11x17 (per copy) 0 0 0 0.15$ -$

Binding of Project Manual (per set) 0 0 0 5.00$ -$

Color copies - 8-1/2x11 (per copy) 0 0 0 1.25$ -$

Color copies - 11x17 (per copy) 0 0 0 2.00$ -$

Blacklines (per sq ft) 0 0 0 0.200$ -$

Binding of Drawings (per set) 0 0 0 1.00$ -$

Vellum Reproduction (per sq ft) 0 0 0 1.25$ -$

AIA Documents (per copy) 0 0 0 15.00$ -$

Delivery Charges (Estimate $15 per delivery) 0 1 10 15.00$ 150.00$

Miscellaneous Costs (Binders, covers, folding, etc.) 0 0 0 10.00$ -$

Subtotal Out-house Reproduction 150.00$

Mileage Round Trip Mileage

Est. # of Trips Total Miles Cost per Mile Cost

Client's Office 75 2 150 0.555$ 83.25$

Project Site 55 6 330 0.555$ 183.15$

Other Locations 100 2 200 0.555$ 111.00$

Subtotal for Mileage 377.40$

Other Expenses (list others on seperate line) Total Quantity Cost per Each Cost

Tolls 0 -$ -$

ki 0 $ $

Estimation of Project Expenses Cost# of copiesReimbursable

Yes No

Yes

Yes

Yes

No

No

No Parking 0 -$ -$

Delivery Service 0 -$ -$

Pager 0 -$ -$

Mobile Phone 0 -$ -$

Lodging 0 -$ -$

Meals 0 -$ -$

Air Travel 0 -$ -$

Car Rental 0 -$ -$

Long Dist Phone/Fax 0 -$ -$

Postage 0 -$ -$

Film/Photo Processing 0 -$ -$

Agency Fees for Review/Processing/Inspection/Etc. 0 -$ -$

Per Diem 0 -$ -$

Survey Supplies (Irons, Stakes, Flagging, Paint, etc.) 0 -$ -$

Miscellaneous 0 -$ -$

Subtotal for Other Expenses -$

Total of All Expenses Estimated 527.40$

TOTAL OF DIRECT (NR) EXPENSES -$

TOTAL OF REIMBURSABLE EXPENSES 527.40$

REIMBURSABLE EXPENSES MARKUP (excluding mileage) -$

TOTAL ESTIMATED BUDGET FOR REIMBURSABLE EXPENSES 527.40$

TOTAL BUDGET FOR REIMBURSABLE EXPENSES 550.00$ * Verify Unit Cost with Office Manager

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

No

No

No

No

No

No

18-0064-02 Project_Workbook_Austin_2012.HAYS County Rates.xls/EXPENSE BUDGET27




AGENDA ITEM

Authorize the Sheriff’s Office to submit an application to the Home Depot Foundation for a Community Impact Grant in the amount of $4,900.52 for the renovation of the Public Safety Building.


CONSENT August 7, 2012 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Sheriff Gary Cutler COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe Home Depot Foundation offers Community Impact Grants to non-profits and tax exempt public service agencies. The Community Impact Grants allow funding for refurbishment, repairs, and modifications to community facilities. These grants are given in the form of Home Depot Gift cards and stipulate the work must be done by community volunteers within six months of award. The Hays County Sheriff's Office is seeking funding to renovate the Public Safety Building. Projects for funding include repainting of the lobby; installing signs for the restrooms; and replacing the carpeting in the hallways and patrol room.

28




AGENDA ITEM

Approve Utility Permits.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding COBB N/A

SUMMARY 25B52B79B106B133B160B187B214B241BPermit Road Name Utility 26B53B80B107B134B161B188B215B242B863 Hillside Terrace & Dacy Lane CenterPoint Energy

29




AGENDA ITEM

Approve a proposal and authorize Milliman to review the County's GASB 45 liability to determine if any changes can be made to reduce the County's liability.


CONSENT August 7, 2012 $8,000.

LINE ITEM NUMBER 001-645-00.5448

AUDITOR USE ONLY

AUDITOR COMMENTS: Funds are available in countywide contract services



Bill Herzog COBB N/A

SUMMARY 28B57B86B115B144B173B202B231B260BMilliman performed our GASB 45 (other post-employment benefits) study in the spring. We had negotiated, at that time, the cost to perform an additional analysis to determine changes the County could make in our post-employment benefits that could possibly reduce our future liability. It was imperative to get the basic services done in the spring to determine the liability that would be included in our audit. We are now ready to conduct the additional study to determine the County's options. The options that we have recommended to Milliman to be considered are described in the attached proposal. These options have been reviewed & approved by the retiree committee. The additional $500 being requested is for travel expenses for Milliman's representative if we wish them to meet with the Court to discuss their findings.

33




AGENDA ITEM

Amend the budget of our self-insurance line item from the legal line item in the countywide budget to provide additional funding to replace 2 wrecked vehicles in the Sheriff's office.


CONSENT August 7, 2012 $25,000.

LINE ITEM NUMBER 001-645-00.5342 from 001-645-00.5441

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment.




SUMMARY 28B57B86B115B144B173B202B231B260BThe sheriff's office has 2 vehicles that were totaled that need to be replaced. The cost to replace the 2 patrol cars is $53,984. The self-insurance line item only has $40,000 budgeted funds for the remainder of the year. At this time there are adequate funds in our legal line item to make this amendment.

36




AGENDA ITEM

Amend and Restate the Hudson Ranch Subdivision Agreement between Hays County and Jeremiah Venture, LP, a Texas limited partnership, to update said Agreement and make modifications per staff recommendation.


CONSENT August 7, 2012 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



KENNEDY/MCINNIS JONES N/A

SUMMARY 26B53B80B107B134B161B188B215B242BModifications were made to accommodate the delays caused by a contested case hearing involving the Development at SOAH. In addition, modifications were made to better describe the procedure for phased platting of Sections, including when payment on lot fees comes due.

40

FIRST AMENDED AND RESTATED HUDSON RANCH SUBDIVISION AGREEMENT

This 1st Amended and Restated Subdivision Amendment for the Hudson Ranch Subdivision (this "Amendment"), is made and entered into effective as of the ____ day of______________ ,2012 (the "Effective Date") by and between the Hays County, Texas (the "County") and Jeremiah Venture, LP, a Texas limited partnership (the "Subdivision Declarant" or "Declarant"). The original Hudson Ranch Subdivision Agreement, approved by the Hays County Commissioners Court executed on or about the 12th___ day of _December_____, 2006_, is hereby restated and replaced by this Amendment. The County and Declarant are sometimes referred to herein as the "Parties". The Parties agree as follows:

Purposes, Term and Consideration

1.01. Declarant has under contract that certain 33.52 acre tract of land out of the M.B. Tatum Survey, John Beckham Survey and Andrew Dunn Survey in Hays County, Texas, currently owned by Delton Hudson and wife Cindi G. Hudson pursuant to a warranty deed recorded in Volume 1082, Page 753, and Volume 1468, Page 733 Official Public Records of Hays County Texas, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference as "Tract 1"; and a 573.40 acre tract of land out of the M.B. Tatum Survey, John Beckham Survey and Andrew Dunn Survey in Hays County, Texas, currently owned by Dustin Hudson pursuant to a Deed of Distribution recorded in Volume 2436, Page 137, Official Public Records of Hays County Texas, and more particularly described in Exhibit "B" attached hereto and incorporated herein by reference as ''Tract 2". Tract 1 and Tract 2 are collectively referred to as the "Property".

1.02. Declarant is authorized to enter into this Subdivision Amendment with County by the current owner of Tract 1 described in Exhibit "A" Delton Hudson and wife Cindi G. Hudson and by the current owner of Tract 2 described in Exhibit "B" Dustin Hudson. Owners have previously submitted to the County authorization for the Declarant to negotiate subdivision plan approvals for the Property and the County hereby acknowledges the receipt of such authorization.

1.03. Declarant desires to subdivide the Property as a single family residential subdivision in accordance with the Master Plan as more particularly described in the Map Exhibit "C" attached hereto and incorporated herein by reference. Declarant will seek approval from the Texas Commission on Environmental Quality ("TCEQ") to provide innovative beneficial resusereuse of water to irrigate rights of way, lawns, parks and other green open spaces for the purpose of water resource conservation.

1.04. The County is authorized to make and enter into the Subdivision Amendment with Declarant in accordance with Chapter 232, Local Government Code to accomplish the following purposes:

A. Establish the minimum right-of-way and street pavement widths for all collector streets and local streets within the Subdivision and to adopt the specifications related to the construction of each street within the Subdivision.

8B. Establish the specifications for the provision of adequate drainage for each street or

Formatted: Different first page header

41

road in the Subdivision in accordance with standard engineering practices and to allow for the establishment of detention facilities.

C. Establish the layout for the streets, lot configurations, open space, and drainage facilities.

D. Allow for the provision of adequate water and wastewater services to serve each platted section within the Subdivision.

1.05 The benefit to the Parties set forth in this Amendment which exceed the minimum requirements of State law and Hays County Subdivision and Development Regulations are good and valuable consideration for this Amendment, the sufficiency of which is hereby acknowledged by both Parties.

The Project

2.01. The Project, as that term is described in Chapter 245, Local Government Code, is the master planning and subdivision platting of the Property into 12741377 single family residential home sites; the laying out of streets, parks, open space, drainage facilities and other improvements; the installation of underground electric, telephone, cable communication facilities; and the construction of water lines, sewer lines, the construction of water production, treatment and storage facilities and the construction of wastewater treatment and disposal facilities. The project is subject to the Hays County Subdivision and Development Regulations as they existed in December 2006 except as modified by this Agreement.

2.02. Declarant and County agree that before Hays County will accept for recording any final subdivision plat of all or any portion of the Property:

A. Declarant shall construct all streets and drainage facilities dedicated by said final plat in accordance with County street and drainage standards.

B. Declarant shall demonstrate to the County's reasonable satisfaction that it has developed or secured contract commitments from a State approved public water supply in sufficient capacity to serve the final plat portion of the Property.

C. Declarant shall demonstrate to the County's reasonable satisfaction that it has secured a public wastewater system disposal or non-discharge permit from the TCEQ in accordance with Chapter 26 of the Texas Water Code with sufficient capacity to serve each final plat portion of the Property. Declarant will not seek a permit to discharge into creeks or waterways.

D. Declarant shall construct all water, wastewater, electric and communication facilities necessary to serve the platted portion of the Property in accordance with all applicable County and/or State standards and regulations.

2.03 Declarant agrees to file an overall Preliminary Plan for the entire tract. preliminary subdivision plans and final plats of the Property in substantial compliance with the Master Plan attached hereto as Exhibit "C", except as may be modified by the mutual consent of the Parties in one or more County approved preliminary subdivision plans of the Property. The Project will be designed, developed, installed and constructed in proposed multiple phases which may vary from the Master Preliminary Plan as necessary to improve the overall design of the Project. The proposed number of home sites in each phase may vary from the proposed phasing and may differ

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42

from the Master Preliminary Plan, but the total number of home sites in the Project may not exceed _____ 1274 and ___% 20% impervious cover of the total land area. Declarant agrees to submit the $400 per lot review fee required by Hays County pursuant to its current Subdivision Fee Schedule Review Fees Ordinance and Subdivision Fee Incentives Program at the time of submission of each final plat application. The $400 per lot review fee is based on the number of lots in each final plat submitted. No other fee shall be required.

The County Street and Drainage Standards

3.01 Declarant and County agree that all internal streets and driveways within the Property shall be built in accordance with Hays County Street and Drainage Construction Standards as provided in Table 7.3 Summary or Hays C74RD.S7DS.

A. All major collector streets shall be in not less than 70-feet of dedicated right-of-way with minimum pavement widths of 24-feet.

B. All minor collector streets shall be in not less than 60-feet of dedicated right-of-way with minimum pavement widths of 22-feet.

C. All local streets shall be in not less than 60-feet of dedicated rights-of-way with minimum pavement widths of 20-feet.

D. Minor arterial streets shall be in not less than 100lOO-feet of dedicated rights-of-way with minimum pavement widths of 48-feet.

3.02 All internal street improvements shall be initially built at Declarant's sole and exclusive costs and expense. Declarant may, but shall not be required, to seek formation of a Fresh Water Supply District, Water Control Improvement District or other statutory district to finance and develop the streets, drainage and utility infrastructure necessary to serve the Property.

3.03 The County agrees to timely process one or more preliminary subdivision plans and final plats of the Property submitted by Declarant's licensed engineer in accordance with the Hays County Subdivision and Development Regulations, as those standards existed in December 2006 except as modified by this Agreement, and in accordance with the Preliminary? Master Plan attached hereto as Exhibit "C", which shall be approved on the Effective Date of this Amendment.

3.04 Declarant shall dedicate to the County with each final plat of a portion of the Property all rights of way containing roads and related drainage improvements within said final plat and dedicate to the appropriate utility service provider all electric, water, sewer and communication utility easements as necessary to serve the final plat.

3.05 Declarant agrees to dedicate/or ownership and maintenance of all storm water treatment and detention ponds within each final plat section of the Property to a Fresh Water Supply District, Water Control Improvement District, other statutory district or a homeowner association. The drainage and detention facilities shall be built in accordance with County standards, as those standards existed in December 2006 except as modified by this Agreement, and shall be designed to serve the Property assuming fully developed conditions, but shall not be required to assume developed conditions of any off-site properties. The Project shall adopt the FEMA approved 24-hour duration storm model, assuming fully developed storm conditions. FEMA permitting

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43

will follow applicable NFIP regulations. 3 3.06 Declarant further agrees to implement water quality design features into the development, . 3.06 Declarant further agrees to implement water quality design features into the development

including grassline swailsswales and impervious cover limitations which limit total land area impervious cover to less than 2020% (including all streets, sidewalks and building footprints) of the total land area, using TCEQ OEM Standards.

Assignment of Commitments and Obligations

4.01 Declarant's right and obligation under this Amendment may be assigned by Declarant to one or more purchasers of all or any portion of the Property.

4.02 Upon approval of the Preliminary Plan, this Amendment and the associated Preliminary Plan shall be binding upon the Parties, their successors and assigns and shall be effective for a term of fifteen (15IS) years from the date of this Amendment unless renewed and extended by further mutual Amendment of the Parties.

Default

5.01 Notwithstanding anything herein to the contrary, no Party shall be deemed to be in default hereunder until the passage of thirty (30) business days after receipt by such party of notice of default from the other party. Upon the passage of thirty (30) business days without cure of the default, such party shall be deemed to have defaulted for purposes of this Amendment.

Notices

6.01 Any notice to be given hereunder by any party shall be in writing and may be effected by personal delivery or by sending said notice by registered or certified mail, return receipt requested, to the addresses set forth below. Notice shall be deemed given when deposited with the United States Postal Service with sufficient postage affixed.

Any notice mailed to Hays County shall be addressed to:

____________________________________________Roxie McInness ____________________________________________2171 Yarrington Road ____________________________________________San Marcos, TX 78666 (___)(512)393-2167

Any notice mailed to Declarant shall be addressed to: Mr. Lee Weber Jeremiah Venture, LP 1100 Chatelaine Cove

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Austin, Texas 78746 (512) 347-1902-fax

Any Party may change the address for notice to it by giving notice of such change in accordance with the provisions of this section.

4

45

Entire Amendment

7.01 This Amendment, together with any exhibits attached hereto, constitutes the entire Amendment between Parties hereto, and may not be amended except in writing signed by all Parties and dated subsequent to the date hereof.

EXECUTED in multiple originals to be effective as of the ____day of__________,2012.

HAYS COUNTY TEXAS

By: _____________________ Date:_________ Name: _____________________ Title: _____________________ JERMIAH VENTURE, LP By:________________________ It’s General Partner By: _____________________ Date:_________ Name: _____________________ Title: _____________________ THE STATE OF TEXAS § § COUNTY OF HAYS § This instrument was acknowledged before me on the _______day of _____________ 2012, by ___________________, ________________ of the HAYS COUNTY TEXAS, on behalf of said county. _______________________________ NOTARY PUBLIC, State of Texas THE STATE OF TEXAS § § COUNTY OF TRAVIS § This instrument was acknowledged before me on the _______day of _____________, 2012, by ___________________, Lee Weber, ________________ of __________________ general partner to Jeremiah Venture, LP, a limited partnership, on behalf of said partnership. _______________________________ NOTARY PUBLIC, State of Texas

46




AGENDA ITEM

Authorize Institutional OSSF Permit at 12345 Pauls Valley Road, Austin, TX 78737


CONSENT August 7, 2012 0

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Clint Garza, Development Services Director WHISENANT N/A

SUMMARY 26B57B88B119B150B181B212B243B274BEric Thierry is proposing an OSSF to serve 5 office buildings/studios at 12345 Pauls Valley Road, Austin, TX in Precinct 4. 27B58B89B120B151B182B213B244B275BThis property is 5.01 acres. Water will be supplied by rainwater collection. 28B59B90B121B152B183B214B245B276BThis OSSF is an aerobic drip irrigation system with flow equalization. 29B60B91B122B153B184B215B246B277BThe system is designed for a maximum of 100 gpd. 30B61B92B123B154B185B216B247B278BThe system designer is Stephen Jetton, R.S.

47




AGENDA ITEM

Authorize purchase of replacement ramps from Road & Bridge General Fund and amend the budget accordingly.


CONSENT August 7, 2012 $738.00

LINE ITEM NUMBER $738 from 020-710-00.5413 to 020-710-00.5719_400

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe ramps are needed to load equipment onto the haul truck. The current ramps must be moved by hand, are extremely heavy, and could lead to an injury.

50




AGENDA ITEM

12-3-25 Vacate and Replat of Lots 27 & 28, River Oaks of Wimberley Unit 1, Section 2 (1 lot). Discussion and possible action to consider variances from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities and Table 721.02 of the Hays County Development Regulations; approve final plat; hold a public hearing.


ACTION-SUBDIVISIONS August 7, 2012

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



ROXIE MCINNIS CONLEY N/A

SUMMARY 25B53B81B109B137B165B193B221B249BThe proposed vacate and replat will combine the existing lots into one 1.707 acre lot for a more favorable building site. While this is a combination of existing lots, it does not meet the Hays County minimum lot size of 2.00 acres and therefore requires a formal variance. 26B54B82B110B138B166B194B222B250BThe property owner is also asking for a variance from Table 721.02 regarding building line setbacks. The Hays County rule for building line setbacks is 25'; however, after platting in the 1970's, this portion of Oak Knob was not completed. At this time Oak Knob only exists as dedicated right of way. The owner is requesting a 10' setback from the right of way. 27B55B83B111B139B167B195B223B251BThe proposed Lot 27R will be served by a private well and advanced OSSF.

53




AGENDA ITEM

12-2-28 Vacate and Replat of Lots 18 & 19, Ruby Ranch Phase 7 (1 lot). Discussion and possible action to approve final plat; hold a public hearing.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



ROXIE MCINNIS JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe proposed vacate and replat will combine the existing lots into one 4.715 acre lot. The proposed Lot 18R is served by public water supply and existing on-site sewage facilities.

55




AGENDA ITEM

Discussion and possible action to authorize the filing of the record plat for the Villegas Acres subdivision.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:




SUMMARY 25B51B77B103B129B155B181B207B233BThe Villegas Acres subdivision is a 2 lot division located off of Mathias Lane in Precinct 2. The final plat was approved on May 31, 2011 by the Commissioners Court, however, the property owner failed to record the plat with the County Clerk within 12 months as required by the Hays County Development Regulations. The property owner is requesting authorization to file the approved plat.

57


JANUARY 23, 2007 ***** ***** VOLUME T PAGE 487

23955 AUTHORIZE FILING OF THE RECORD PLAT FOR WHITE WINGS TRACT B2A AND B2K [T1-352]

Environmental Health Director Allen Walther advised that this subdivision received final plat approval in August 2005 and they had difficulty in obtaining signatures on the plat and were not able to file it within the one year time limit. He gave staff recommendation to authorize filing of the plat. A motion was made by Commissioner Ford, seconded by Commissioner Conley to authorize the County Judge and Environmental Health Director to sign off on plat and authorize filing of the record plat for “White Wings Tract B2A and B2K”. All present voting “Aye”. MOTION PASSED.


VOLUME T PAGE 590 ***** ***** JUNE 5, 2007 24355 [PCT 4. #05-4-009, 1 LOT] AUTHORIZE THE FILING OF THE RECORD PLAT FOR

“SL-967 SUBDIVISION” [T1-850] This subdivision plat was approved in July 2005 and the developer failed to file it at that time (one year deadline has passed) and is requesting authorization to file the plat for record. A motion was made by Commissioner Ford, seconded by Judge Sumter to authorize the filing of the record plat for “SL-967 Subdivision”. All voting “Aye”. MOTION PASSED


VOLUME T PAGE 706 ***** ***** DECEMBER 18, 2007 24855 [#06-4-55, 4 LOTS] AUTHORIZE THE FILING OF THE RECORD PLAT FOR “MARTIN

VIEW” SUBDIVISION [T1-1028]

Subdivision Coordinator Sandy Irvin advised that final plat approval was October 31, 2006 and the plat was not recorded within 12 months of that approval, therefore, authorization is required by the Commissioners’ Court. A motion was made by Commissioner Ford, seconded by Commissioner Conley to authorize filing of the record plat for “Martin View” subdivision. All voting “Aye”. MOTION PASSED.

58


VOLUME U PAGE 62 ***** ***** MARCH 3, 2009 25965 [07-2-10 – 1 Lot] BILGER TRACT SUBDIVISION AUTHORIZE THE FILING OF THE

RECORD PLAT FOR THE BILGER TRACT SUBDIVISION [T1-1448]

Subdivision Coordinator Clint Garza gave staff recommendation for final plat approval. A motion was made by Commissioner Barton, seconded by Commissioner Ingalse to authorize the filing of the record plat for the Bilger Tract Subdivision. All voting “Aye”. MOTION PASSED


JANUARY 18, 2011 ***** ***** VOLUME U PAGE 523 27738 AUTHORIZE THE FILING OF THE RECORD PLAT FOR THE REPLAT OF CREEK OF DRIFTWOOD SUBDIVISION, LOTS 40-48 A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to authorize the filing of the record plat of Creek of Driftwood Sudivsion, Lots 40-48. All voting “Aye”. MOTION PASSED

59




AGENDA ITEM

12-2-14 Shadow Creek Phase Six, Section Two (50 lots). Discussion and possible action to approve final plat and accept fiscal surety in the amount of $541,945.69.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:




SUMMARY 25B51B77B103B129B155B181B207B233BThe preliminary plan for the Shadow Creek Subdivision was originally approved on June 15, 2004 as a 1440 lot subdivision located off of Windy Hill Road in Precinct 2. Since that time, sixteen sections have been platted totaling 881 lots. This section includes 49 single-family residential lots and 1 greenspace/drainage lot. All lots will be served by public water and sewer provided by Goforth Special Utility District and North Hays County Municipal Utility District Number 1.

60




AGENDA ITEM

Discussion and Possible Action to authorize the County Judge to execute an amendment to the Interlocal Agreement between Hays County, the City of San Marcos, and the City of Austin, related to forensic lab testing.


ACTION-MISCELLANEOUS August 7, 2012 TBD

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CUTLER/TIBBE COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe first Agreement between the above-listed properties did not provide detail related to forensic lab testing other than the drug sample testing that will be performed by the primary technician. The amended agreement provides more detail and lets the parties know what to expect.

66




AGENDA ITEM

Discussion and possible action to adopt a resolution in support of establishing a truck route on Wimberley's Winters Mill Parkway.


ACTION-ROADS August 7, 2012 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding CONLEY N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThis is necessary to keep trucks from using RR 12 through the Wimberley downtown "Square" area.

67

August 7, 2012

RESOLUTION FOR THE DESIGNATION OF AN ESTABLISHED TRUCK ROUTE ON

WIMBERLEY’S WINTERS MILL PARKWAY WHEREAS, the use of certain streets in the City of Wimberley by truck traffic can cause severe and costly damage to street infrastructure, impede the flow of traffic and cause potential injury to property and human life, and WHEREAS, part of RR 12, a major highway, crosses through the heart of downtown known as the Square, and WHEREAS, where as this area is known for its tourism and extensive pedestrian traffic, and: WHEREAS, Hays County agrees that the interruption of tranquility and pedestrian flow, along with the risk of severe injury poses a real hazard; and THEREFORE, By virtue of the authority vested in me as the Commissioners’ Court of the County of Hays, Texas, do herby support the effort to designate Winters Mill Parkway as an established truck route to defer trucks from using the RR 12 route through Wimberley’s downtown area as described on the attached maps.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of Hays County, Texas, this 26th day of June, 2012.

_________________________ Bert Cobb

Hays County Judge _________________________________ _____________________________ Debbie Gonzales Ingalsbe, Precinct 1 Mark Jones, Precinct 2 _________________________________ _____________________________ Will Conley, Precinct 3 Ray Whisenant, Precinct 4

Attest:

________________________ Liz Gonzalez, County Clerk

68

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THIS MAP IS NOT OF SURVEY QUALITY AND SHOULD ONLY BE USED AS A MAP OF GENERAL REFERENCE. NO WARRANTY IS EXPRESSED OR IMPLIED REGARDING ACCURACY OR COMPLETENESS

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TruckRoutewimb-out

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69

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μWIMBERLEY JUNCTION TO BLANCO VIA RM 32 -25.3 MILES

WIMBERLEY JUNCTION TO BLANCO VIA RM 12/RM 3237/WINTERS MILL/RM 12/EMERGENCY LN/RM2325 - 32.8 MILES

70




AGENDA ITEM

Discussion and possible action to nominate South Hays Fire Department Chief David Smith to fill a vacant position reserved for a Hays County representative on the CAPCOG (Capital Council of Governments) Regional 9-1-1 Task Force.


ACTION-MISCELLANEOUS August 7, 2012 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



Erica Carpenter/ HCSO CONLEY N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe 911 Task Force has added a Hays County Representative position due to the increase in population reported in the latest Census. Chief David Smith is qualified to serve in this capacity and would represent the area successfully with his extensive knowledge in Hays County emergency communications. His experience has included working with the County's 9-1-1 Center and the Hays County Sheriff's Office in implementing new technology to enhance emergency response. Chief Smith has been approached and has accepted this potential nomination. CAPCOG Director, Gregg Obuch has also endorsed the placement of Chief Smith to the Task Force. With a vote supporting nomination today from the Commissioners Court, Chief Smith's nomination will be sent to the CAPCOG Executive Committee for approval.

71




AGENDA ITEM

Discussion and Possible action to adopt a resolution in support of the Capital Area Rural Transportation System (CARTS) creating a combined Urban/Rural Transit District, in accordance with Section 458 of the Texas Transportation Code and confirming Hays County's desire to be included within the District and request that the City of San Marcos formally confirm the creation of the Urban/Rural Transit District.


ACTION-MISCELLANEOUS August 7, 2012 None


AUDITOR USE ONLY

AUDITOR COMMENTS:



Laurie Moyer INGALSBE N/A

SUMMARY 27B57B87B117B147B177B207B237B267BOver the last several months and in preparation to the Census results, the City of San Marcos entered into a contract with the Goodman Corporation to help direct the City, and areas with the new Urbanized District, develop the best delivery system for Public Transportation. After several meetings with conferees and public hearings, it was recommended and approved to create a combined Urban/Rural Transit District which we felt would create the best, most efficient public transit system with the least disruption. 28B58B88B118B148B178B208B238B268BThe adoption of the attached resolution is supporting the creation on this combined District. 29B59B89B119B149B179B209B239B269BOther members of the District include Caldwell County, Guadalupe County and the City of Martindale.

72

RESOLUTION IN SUPPORT OF THE CAPITAL AREA RURAL TRANSPORTATION SYSTEM CREATING A COMBINED URBAN/RURAL

TRANSIT DISTRICT, IN ACCORDANCE WITH SECTION 458 OF THE TEXAS TRANSPORTATION CODE, AND CONFIRMING HAYS COUNTY’S DESIRE

TO BE INCLUDED WITHIN THE DISTRICT, AND REQUEST THAT THE CITY OF SAN MARCOS FORMALLY CONFIRM THE CREATION OF THE

URBAN/RURAL TRANSIT DISTRICT

WHEREAS, the 2010 U.S. Census changes in urbanized area boundaries has designated the San Marcos

area as a new small urban area; and WHEREAS, the boundaries of the new small urban area include the City of San Marcos, City of

Martindale, and unincorporated portions of Hays, Guadalupe, and Caldwell Counties; and WHEREAS, pursuant to the provisions of Chapter 458 of the Texas Transportation Code, new small urban

areas must create an urban transit district in order to receive state public transit funding; and, WHEREAS, the City of San Marcos City Council has passed a resolution calling for the convening of a

“public transit conference”, in accordance with the provisions of Chapter 458 of the Texas Transportation Code, through public notification to all political subdivisions which are included within the new urbanized area;

WHEREAS, the conferees attending the public transportation conference, including a representative from

Hays County, convened on May 24, 2012, and set the public hearing date of June 21, 2012 to receive input from members of the public regarding the merits of creating an urban transit district; and,

WHEREAS, the conferees determined that the creation of an urban transit district should be further

considered at an urban transit district workshop, which was held on July 16, 2012, where the conferees and other elected officials, considered the merits of creating a new urban transit district, or combining a new urban transit district with the existing Capital Area Rural Transportation System (CARTS) rural transit district, or take no action at all; and,

WHEREAS, the conferees represented at the urban transit district workshop have determined that the

creation by CARTS of a combined Urban/Rural Transit District is in the best interest of maintaining and developing public transit services within the new San Marcos urbanized area. NOW, THEREFORE BE IT RESOLVED by the Hays County Commissioner’s Court, that it supports the creation of a combined Urban/Rural Transit District by CARTS, Pursuant to the provisions of Chapter 458 of the Texas Transportation Code, and to request that the City of San Marcos concur in this action; and that this Resolution shall be in full force and effect from and after its passage and adoption.

RESOLVED, ORDERED, AND DECLARED this the 7th day of August, 2012.

Bert Cobb Hays County Judge

______________________________ ______________________________ Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2

______________________________ ______________________________

Will Conley Ray Whisenant Commissioner, Pct. 3 Commissioner, Pct. 4

ATTEST: _________________________ Liz Q. Gonzalez Hays County Clerk

73




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Grant Contract with the Texas Office of the Attorney General (OAG), Crime Victim Services Division for up to $42,000.00.


ACTION-MISCELLANEOUS August 7, 2012 $1,506.14

LINE ITEM NUMBER The match will be budgeted in the FY13 Budget 001-618-99-068.4301

AUDITOR USE ONLY

AUDITOR COMMENTS: Budgeted in FY 13

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


Cutler/Graves/Hauff INGALSBE N/A

SUMMARY 28B59B90B121B152B183B214B245B276BOn March 31, 2011 the Commissioners Court authorized submission of a grant application to the Office of the Attorney General (OAG) in the amount $42,000.00 annually for a term of two years for the Victim Coordinator's position in the Hays County Sheriff Office. On August 31, 2011, Commissioners Court authorized execution of a Grant Contract with OAG, initially for a two year term, but the contract was modified to a one year term, pending additional funding by OAG. 29B60B91B122B153B184B215B246B277BThis contract from the OAG is an award for additional funding for fiscal year 2013, to extend the Victim Coordinator's position in the Hays County Sheriff's Office. 30B61B92B123B154B185B216B247B278BThe contract term is September 1, 2012 through August 31, 2013, unless terminated earlier per other provisions of the contract. The salary plus fringe benefits for this position is $43,506.14 annually, and the Sheriff's Office budget will supplement the additional funds needed in the amount of $1,506.14 for this position. The attached contract is due to the OAG Office on August 10, 2012.

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VCLG Contract - FY 2013 Page 1 of 20

GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL

AND HAYS COUNTY SHERIFF'S OFFICE

OAG Contract No. 1333079

This contract is executed between the Office of the Attorney General (OAG) and Hays County Sheriff's Office (GRANTEE) for certain grant funds. The Office of the Attorney General and Hays County Sheriff's Office may be referred to in this contract individually as “Party” or collectively as “Parties.” SECTION 1. PURPOSE OF THE CONTRACT The purpose of the Victim Coordinator and Liaison Grant (VCLG) program is to fund the mandated positions described in the Texas Code of Criminal Procedure, Article 56.04, specifically Victim Assistance Coordinators (VAC) in prosecutor offices and Crime Victim Liaisons (CVL) in law enforcement agencies. It is intended that the grants will be awarded through a competitive selection and allocation process taking into consideration, among other criteria, the number of victims that may be served by a program. The purpose of this grant contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. In addition to the duties imposed in the Texas Code of Criminal Procedure, Article 56.04 (and more specifically described in Article 56.02), VACs and CVLs are also expected to promote and educate the community and other professionals about victim rights and services in an effort to identify crime victims and provide or refer them to needed services. In general, and subject to the limitations of each specific grant contract with each VCLG Grantee, VCLG grant contracts awarded must be used for victim-related services or assistance.

SECTION 2 TERM OF THE CONTRACT This contract shall begin on September 1, 2012 and shall terminate August 31, 2013, unless it is terminated earlier in accordance with another provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE’S CONTRACTUAL SERVICES 3.1 GRANTEE’s Compliance with the OVAG/VCLG FY 2012-2013 Grant Application Kit. GRANTEE will comply with the terms and conditions as set forth and required in the OVAG/VCLG FY 2012-2013 Grant Application Kit (“Application Kit”) if not supplemented, amended or adjusted

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by the OAG, as acknowledged by GRANTEE. 3.2 Establishment of Final Project Budget, Targets, Outputs, Outcomes, and Special Conditions. The OAG, at its sole discretion, establishes the initial Budget for this grant project, as reflected on the attached Exhibit A. If any adjustments were made by the OAG to GRANTEE’s budget, those adjustments will be reflected on the attached Exhibit A. The final Narrative, as submitted by GRANTEE, is attached as Exhibit B. If any Special Conditions were imposed by the OAG, those provisions will be reflected on the attached Exhibit C. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE’s budget, targets, outputs, outcomes, and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. SECTION 4 GRANTEE’S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall establish procedures to ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of the following: GRANTEE’s name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE’s name requires an amendment to the contract. GRANTEE must submit a written request by the governing body on GRANTEE’s letterhead, with original signature, to change an Authorized Official. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization.

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Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain financial management and control systems that include appropriate financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; financial management systems, including accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; determination of reasonableness, allocation of costs; and timely and appropriate audits and resolution of any findings; and annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records and other information relating to services provided in accordance with applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG’s access to such records and other information. 4.2 Programmatic Reports 4.2.1 Quarterly Statistical (Performance) Reports. GRANTEE shall forward to the OAG quarterly statistical reports no later than the 30th day of each month following the end of the quarter. The four quarters end on the last day of the month of November, February, May and August. Accordingly, quarterly statistical reports, for each quarter, are due on or before December 30, 2012, March 30, 2013, June 30, 2013, and continuing until the last quarterly statistical report which is due on or before September 30, 2013. Contents of Quarterly Statistical Reports. The quarterly statistical reports shall contain, at a minimum, information on the following statistical measures:

a. Targets as established by the OAG; b. Outputs and Outcomes as established by the OAG; and c. Program Impact Narratives.

4.2.2 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances on the quarterly statistical report for any year-to-date performance by GRANTEE that varies from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the quarterly and annual reports presented to the OAG.

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4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self-evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods, client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budget. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. On or before October 15, 2013, GRANTEE will submit fiscal year end required reports.

a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses.

b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report

which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds.

4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted on Exhibit C

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(Special Conditions), GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit – “timely” means on or before May 31, 2013; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE’s accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE’s independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A-133 (audits of State, Local Government, and Non-Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close-Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month’s expenses, so that they are received by the OAG on or before the twentieth (20th) day of each month, or if the 20th falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment or assets, which is available to the OAG at all times upon request. GRANTEE will administer a program of maintenance, repair, and protection of equipment or assets under this contract so as to ensure the full availability and usefulness of such equipment or assets. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of,

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destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said equipment or assets. To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies with funds from this contract, GRANTEE agrees that upon termination of the contract, title to or ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain with the OAG. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. 5.3 Reimbursement of Grantee Expenses. The OAG shall be liable to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. In addition to other reasons, prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, without first executing a written amendment to this contract. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds as stated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to satisfy all of OAG’s duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance pursuant to this contract. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the

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term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for the purpose of this grant program, or if the appropriated funds made for the purposes of this grant program, are deemed, in the sole discretion of the OAG, required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract in whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by it nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonable be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7, 11 and 12. SECTION 7 AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records to support its charges, procedures, and performances to the OAG for all work related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor’s Office or other auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully

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disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of the system by tracing the activities of individuals through the system. GRANTEE’s automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. GRANTEE shall grant access to and make available copies of all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any contractor to discharge GRANTEE's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract, shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. 7.5 Location. Any audit of records shall be conducted at GRANTEE’s principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. 8.1 Programmatic Reports and Information (excluding Financial Reports). All quarterly

statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to:

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[email protected] If requested or approved by the OAG, other programmatic reports, may be submitted to: Program Manager – Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager – Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to:

[email protected]

SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE’s performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is

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submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withhold or suspend funding, offset previous reimbursements, require repayment, disallow claims for reimbursement, reduce funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Governor=s Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, as contained in the Application Kit, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non-procurement debarment certification, drug-free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with UGMS and the applicable OMB circulars, return of grant funds in the event of loss or misuse, and conflict of interest. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE, and follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE’s billing and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, offered to give,

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nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to their performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE’s business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related Federal governmental bodies related to GRANTEE’s right to conduct it business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS

11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of GRANTEE be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of their contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or contractors shall be responsible for ensuring that there is payment of any and all appropriate payments, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties and GRANTEE and/or contractors will indemnify and hold

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harmless the OAG and/or the State of Texas from and against any and all claims arising out of their actions or performance under this contract. GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining the written consent from the OAG. This section is not intended and does not limit GRANTEE’s ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and GRANTEE hereby grants to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG’s reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the

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prior written approval of the OAG. It is within the OAG’s sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with the provisions of this contract to the extent compliance is needed to support GRANTEE’s compliance with this contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE’s subcontractor(s). 11.8 No Grants to Certain Organizations. GRANTEE confirms that by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively “litigation”) arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.11 Limitation on Civil Legal Services Providers. If GRANTEE is a provider of civil legal services to victims of crime, and if the purpose of the grant funds is to provide legal services to victims of crime, GRANTEE shall comply with the following: 11.11.1 Services to Indigent Clients. GRANTEE shall provide victim-related civil legal services directly to indigent victims, indigent immediate family members of indigent victims, or indigent claimants. “Indigent” means an individual who earns not more than 187 ½% of the federal poverty guidelines published by the United States Department of Health and Human Services. Victims, immediate family members of victims and claimants are defined in Article 56.32 of the Code of Criminal Procedure. 11.11.2 Eligibility Screening. GRANTEE shall conduct eligibility screening for each individual seeking victim-related civil legal services. GRANTEE agrees to use the intake screening form supplied by the OAG. A copy of all intake screening forms shall be maintained by GRANTEE

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in a central location and shall be made available to the OAG or any party the OAG determines should have access to the documents at any reasonable time. 11.11.3 No Cases Resulting in Fees. Grant funds to organizations to provide legal services to the victims of crime, immediate family members or claimants in civil matters shall not be used for any case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice, might reasonably be expected to result in payment of a fee for legal services from an award to a client from public funds, or from the opposing party. The above provisions of may not be applicable in any case where GRANTEE determines in good faith that the indigent person seeking legal assistance has made reasonable efforts to obtain the services of an attorney in private practice for the particular matter (including contacting attorneys in private practice in the county of residence of the indigent person who normally accept cases of a similar nature), and has been unable to obtain such services because the potential fee is inadequate, is likely to be uncollectible, would substantially consume any recovery by the client, or because of any other reason which the organization, acting in good faith, believes prevents the client from obtaining the services of a private attorney.

11.11.4 Other Restrictions. Grant funds shall not be used to directly fund class action suits, lawsuits against governmental entities, or lobbying for or against any candidate or issue. Grant funds shall not be used to sue or otherwise support a cause of action, claim, or defense against the State of Texas or the Office of the Attorney General, except as specifically provided below. Grant funds may be used to support a lawsuit brought by an individual, solely on behalf of the individual or the individual’s dependent or ward, to compel a governmental entity to provide benefits that the individual or the individual’s dependent or ward is expressly eligible to receive, by statute or regulation, including social security benefits, temporary assistance to needy families, financial assistance under Chapter 31, Human Resources Code, food stamps, special education for persons with disabilities, Medicare, Medicaid, subsidized or public housing, and other economic, shelter or medical benefits provided by a government directly to an indigent individual, but not to support a claim for actual or punitive damages. Grant funds shall not be used to support any legal action seeking to establish, obtain or appeal Compensation for Crime Victims payments as administered by the Office of the Attorney General. 11.11.5 Cooperation and Collaboration. GRANTEE will cooperate and collaborate in their service areas with (a) all other organizations providing civil legal services to the indigent, (b) the local organized bar, (c) relevant social and human service organizations, (d) relevant governmental agencies, and (e) other organizations that specifically provide victim related services. 11.11.6 Professional Conduct. In accepting and pursuing matters for clients, GRANTEE shall adhere to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure and any other code or rules of professional responsibility adopted by this state for attorneys and should exercise reasonable prudent judgment and consider all relevant factors,

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including the legal merits and the economic and practical value of the matter. 11.11.7 Retainer Agreements and Private Referrals. Except for matters involving limited advice and brief services (e.g. clinics, hotlines, and similar services), each grantee shall execute a written retainer agreement, or letter of engagement, containing appropriate provisions for withdrawal of representation, with each client who receives legal services from the grantee. For cases that are referred by grantees to private attorneys, the grantee shall make available to the accepting attorney a standard form retainer agreement which may be modified based on agreement between the attorney and client. The OAG, at its sole discretion, may further limit, authorize or define the scope of permitted legal services by GRANTEE. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including All Exhibits. This contract, including all exhibits reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract.

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12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL

HAYS COUNTY SHERIFF'S OFFICE

____________________________ ________________________________ Printed Name: _________________ Printed Name: _____________________ Office of the Attorney General Authorized Official

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EXHIBIT A



OAG Contract No. 1333079 Maximum Liability of the OAG. The OAG and GRANTEE stipulate and agree that the total liability of the OAG to GRANTEE directly or indirectly arising out of this contract and in consideration of full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance herein, shall not exceed the following:

FORTY-TWO THOUSAND AND 00/100 ($42,000) DOLLARS.

Budget. Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories:

Budget Category State Fiscal Year 2013

Personnel $27,080

Fringe Benefits $14,920

Professional & Consultant Services $0

Travel $0

Equipment $0

Supplies $0

Other Direct Operating Expenses $0

Total $42,000

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EXHIBIT B




GRANT NARRATIVE

The following narrative provided by GRANTEE in its FY2012-2013 grant application, and as further modified by the OAG, applies to this contract: The initial goal for the Hays County Sheriff’s Office will be for the Victim’s Assistance Advocate to complete all new employee processing required by the Hays County Human Resources Division. Secondly, an office space will be created within the Hays County Sheriff’s Office at 1303 Uhland Rd. San Marcos, Texas, and providing a vehicle, desk, computer, equipment and all the necessary supplies need to complete needed accomplish the job duties. The VAA will need to insure the scheduling of any required or suggested victim services training needed to successfully accomplish the VAA job duties. The VAA will attend Crime Victim’s Services Presumptive Eligibility Process workshop taught by the TOAG which will assist the VAA in working directly with victims to gather the necessary documentation in order to submit a complete application for victim’s compensation. The VAA will attend training conferences related to crime victim services to stay current on trends in the field and to develop contacts with other programs around the state. This networking with these contacts to discuss what works and what doesn’t is invaluable to any public servant. The VAA will attend training for exposure to up-to date ideas in the field of crime victim services, counseling, advocacy, effects of trauma, coping with stress, and many other aspects of providing services to victims of crime and trauma. There are other victim’s services training classes taught by the Attorney General’s Office of Texas along with other reputable organizations, as well as receive specific victim’s assistance training conducted by the San Marcos Police Department Special Victims Unit and Hays County District Attorney’s Victim Services Unit. The VAA will attend training conferences related to crime victim services to stay current on trends in the field and to develop contacts with other programs around the state. This networking with these contacts to discuss what works and what doesn’t is invaluable to any public servant. The VAA will attend training for exposure to up-to date ideas in the field of crime victim services, counseling, advocacy, effects of trauma, coping with stress, and many other aspects of providing services to victims of crime and trauma. There are other victim’s services training classes taught by the Attorney General’s Office of Texas

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along with other reputable organizations, as well as receive specific victim’s assistance training conducted by the San Marcos Police Department Special Victims Unit and Hays County District Attorney’s Victim Services Unit. Upon completing the necessary training described above, the primary focus of the Hays County Sheriff’s VAA will be the delivery of direct services to victims of violent crimes, their families/survivors and secondary victims. The VAA will be dedicating 40 hours per week to the delivery of these services through personal, mail, or phone contact with crime victims. Part of this time will be spent attending Sheriff’s Office meetings and ride-along with deputies and/or detectives during the day or night. Unit personnel will be expected to regularly review department police reports for potential contacts. Exposure to the duties of a law enforcement officer will not only assist the VAA in learning about law enforcement activities, but will also make them available to the victims at crime scenes and demonstrate their duties to the officer, increasing the officer’s understanding of the role of the VAA.

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EXHIBIT C




SPECIAL CONDITIONS

Special Conditions are imposed by the OAG, at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. The OAG is placing GRANTEE on immediate financial hold, without further notice, until all Special Conditions, if any, listed in this Exhibit are met. The following Special Conditions apply to this contract:

None

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AGENDA ITEM

Discussion and possible action to adopt rules and regulations for the Jacob's Well Natural Area


ACTION-MISCELLANEOUS August 7, 2012 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Garza/Hauff CONLEY N/A

SUMMARY 26B53B80B107B134B161B188B215B242BProposed rules for public use of the Jacob's Well Natural Area are attached.

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Jacob’s Well Natural Area Proposed Rules (Draft 8/1/2012)

Jacob’s Well Natural Area is a Day Use Facility Summer Hours: 9:00 A.M. – 9:00 P.M. (DST) Winter Hours: 9:00 A.M. – 6:00 P.M. (CST)

1) Swim at your own risk – no lifeguard on duty 2) No jumping or diving from rocks 3) No SCUBA diving without written permission from Hays County 4) No fires, fireworks or smoking permitted on Natural Area grounds 5) No pets or other domesticated animals, with the exception of trained assistance

animals for those persons requiring such assistance 6) No firearms, archery equipment, hunting or fishing 7) No glass containers 8) No alcoholic beverages or illegal drugs 9) Disorderly conduct and excessive noise are prohibited 10) Destruction or removal of vegetation and other resources, including artifacts or

fossils, is strictly prohibited

Violation of these rules may result in immediate removal from the Area

Hays County is not responsible for lost, stolen or damaged personal property

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AGENDA ITEM

Discussion and Possible Action to authorize the County Judge to execute an agreement with the City of San Marcos regarding subdivision and development regulation in the extraterritorial jurisdiction of San Marcos, pursuant to HB1445 (2001).


ACTION-MISCELLANEOUS August 7, 2012

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



GARZA/KENNEDY INGALSBE CONLEY

SUMMARY 25B51B77B103B129B155B181B207B233BThis agreement was originally passed in court in 2011, after that time there were changes made by the City. Until now, it has not been approved by either governing body. County and City staff have worked on the agreement over the past year and both feel confident that a workable agreement has been drafted and each body will move forward on the same day.

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INTERLOCAL COOPERATION AGREEMENT

BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS FOR SUBDIVISION REGULATION WITHIN THE EXTRATERRITORIAL

JURISDICTION OF THE CITY OF SAN MARCOS

THIS INTERLOCAL COOPERATION AGREEMENT (this “Agreement”) is

made and entered into by and between Hays County, Texas, a political subdivision of the

State of Texas (hereinafter referred to as “COUNTY”), by and through its County Judge,

Dr. Bert Cobb, and the City of SAN MARCOS, a municipal corporation of the State of

Texas (hereinafter referred to as “CITY”), by and through its City Manager, James R.

Nuse, P.E. The City and the County are hereinafter collectively referred to as “the

Parties” or “the Parties to this Agreement.”

WHEREAS, the CITY has duly identified its corporate limits and the areas of its

extraterritorial jurisdiction (hereinafter referred to as “ETJ” or the “CITY’s ETJ”) within

the COUNTY; and

WHEREAS, the CITY has adopted and is enforcing subdivision regulations

pursuant to TEX. LOCAL GOV’T CODE Subchapter A of Chapter 212 and other statutes

applicable to municipalities; and

WHEREAS, the COUNTY has adopted and is enforcing subdivision regulations

pursuant to TEX. LOCAL GOV’T CODE sections 232.001-232.005 and other statutes

applicable to counties; and

WHEREAS, the COUNTY and the CITY, pursuant to TEX. LOCAL GOV’T CODE

Section 242.001, both enforced their subdivision regulations in the CITY’s ETJ and, in

those situations where the CITY’s regulation conflicted with the COUNTY’s regulation,

the more stringent provisions have prevailed; and

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WHEREAS, the Texas Legislature revised TEX. LOCAL GOV’T CODE Chapter

242 to limit subdivision regulation within the ETJ to one entity; and

WHEREAS, under TEX. LOCAL GOV’T CODE Chapter 242, the COUNTY and the

CITY entered into a written agreement effective January 24, 2004, which expired, and the

parties wish to execute a new Agreement with substantially similar terms; and

WHEREAS, to the extent that the CITY’s execution of this Agreement and

related agreements with other counties in other areas of the CITY’s ETJ, or the CITY’s

adoption, administration or enforcement of ordinances, rules, regulations or plans in

reasonable furtherance of this Agreement or the related agreements results in

requirements or restrictions that are not identical throughout the CITY’s entire ETJ, the

Parties jointly acknowledge that the actions of the CITY are “reasonably taken to fulfill

an obligation mandated by state law” within the meaning of TEX. GOV’T CODE Section

2007.003(b)(4), and are therefore not subject to TEX. GOV’T CODE Chapter 2007; and

WHEREAS, both the COUNTY and the CITY desire to enter into an Interlocal

Cooperation Agreement, pursuant to TEX. GOV’T CODE Section 791.011(a), whereby the

COUNTY and the CITY shall agree upon the terms of said written agreement.

NOW, THEREFORE, the COUNTY and the CITY mutually agree as follows:

I. TERM OF AGREEMENT AND CERTIFICATION

A. The COUNTY and the CITY mutually agree that the term of this Agreement

shall be from the date it is formally and duly executed by both the COUNTY

and the CITY until August 7, 2013. This Agreement shall automatically

renew annually on the anniversary date, unless earlier terminated by mutual

agreement of the Parties.

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B. Notwithstanding the foregoing, this Agreement may be terminated by either

Party by giving thirty (30) days’ written notice of intent to terminate this

Agreement to the other Party. Any notice of intent to terminate must be

delivered by deposit in the United States mail, certified, return receipt

requested, to the other Party at the addresses set out herein. Upon termination

of this Agreement, neither Party shall have any obligations to the other Party

under this Agreement, except with respect to payment for services already

rendered under this Agreement, but not yet paid.

C. The COUNTY and the CITY mutually certify that this Agreement complies

with the requirements of Texas Local Government Code, Chapter 242.

II. COUNTY RESPONSIBILITIES

A. The COUNTY assigns and delegates to the CITY the COUNTY’s authority to

approve subdivision plats within the ETJ of the CITY, pursuant to TEX.

LOCAL GOV’T CODE Section 242.001(d), so that the CITY has exclusive

jurisdiction to regulate subdivision plats in the CITY’s ETJ.

B. The COUNTY Development Services Director shall, within 15 working days

prior to anticipated final approval date, provide the City’s Development

Services staff with written recommendation for approval or disapproval of all

plats for inclusion in the agenda backup prior to final plat approval.

III. CITY RESPONSIBILITIES

A. The CITY shall enforce its subdivision regulations, including review and

approval processes and design and construction standards, within its ETJ.

B. The CITY shall enforce in the ETJ the following Hays County Subdivision

and Development Regulations attached hereto and incorporated as Attachment

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“A” (Chapter 701.9, Chapter 701.16, Chapter 715.3, Chapter 721, Chapter

735.5.03 and Hays County Rules for On-site Sewage Facilities Section 10-

A,D, and G). As the development regulations in Exhibit “A” are amended

from time to time, the County shall provide copies of such amended

regulations to the City. These amended regulations shall be incorporated into

and made a part of this Agreement for all purposes and shall supersede the

conflicting provisions in the attached Exhibit “A.”

C. If the CITY has existing ordinances establishing substantially similar

standards for the subject areas of such COUNTY subdivision regulations, then

the City may opt to apply the City ordinance in lieu of the corresponding

COUNTY Subdivision Regulation. All City subdivision regulations not in

conflict with Attachment “A” may be enforced. If either Party wishes to

propose revisions in the future to subdivision regulations that apply in the

ETJ, the Party will notify the other Party of the proposed change. The Parties

will cooperate in determining the need for the change and its effect on this

Agreement, and will adopt any change agreed to by official action of their

respective governing bodies.

D. The CITY agrees to require developers to dedicate public right-of-way

pursuant to the Hays County Transportation Plan as currently revised or

amended, subject to applicable constitutional and statutory limitations. For

subdivisions in which it appears to the CITY that a requirement for dedication

of right-of-way pursuant to such Transportation Plan may exceed an

applicable constitutional or statutory limitation, the CITY will notify the

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COUNTY, and the parties will cooperate to determine the extent of right-of-

way dedication to be required, or an alternative method of securing the needed

right-of-way. When enforcing subdivision regulations in the City’s ETJ, the

City shall facilitate the County’s road maintenance program by requiring a

road standard no less than the standards set out in Attachment “A.”

E. The COUNTY expressly delegates to the CITY the authority to require the

preparation of a subdivision plat for the division of any property into two or

more lots as required in TEX. LOCAL GOV’T CODE section 232.001, including

lots larger than five acres.

F. The CITY shall deliver six copies of all plat submittals to the COUNTY for

review, within five working days from the date of receipt.

G. The COUNTY shall provide the CITY with written comments regarding

subdivision plats within five working days from the date of receipt, and

written comments regarding construction plans within ten days from the date

of receipt.

H. The CITY shall include written recommendation from COUNTY

Development Services Director in agenda backup for final plat approval.

I. The CITY shall require a signature block for the current COUNTY

Development Services Department Director authorizing the filing of the plat

under this agreement.

J. The CITY shall deliver two copies of all recorded plats for subdivisions

within the CITY’s ETJ to the COUNTY within five working days of the

recording of the subdivision plat.

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K. The CITY shall also provide to the COUNTY a digital file of each subdivision

plat compliant with the currently adopted Hays County Digital Data

Submission Standards.

L. The CITY shall confer and come to agreement with the Hays County 911

Addressing Division concerning street names prior to final plat approval.

M. The CITY shall allow COUNTY inspectors access to road construction sites

of subdivisions within the ETJ and the CITY shall timely submit copies of all

road design materials and road construction test results to the COUNTY

during road construction. COUNTY inspectors shall have inspection and

approval authority over the road construction, stormwater drainage

construction, and water and wastewater facility construction within the right-

of-way and easements. However, COUNY inspectors may, from time to time,

collaborate with CITY inspectors and delegate to CITY inspectors specific

inspections duties related to road construction, stormwater drainage

construction, and/or water and wastewater facility construction with the right-

of-way and easements. The COUNTY may request that the CITY issue a

stop-work notice if, in the COUNTY’S opinion, applicable construction

standards are not being met.

N. Prior to acceptance of new streets or other improvements in a subdivision, the

CITY shall require of the applicant/developer a Certificate of Deposit, a Letter

of Credit, or a warranty or cash bond as required by the Subdivision and

Development Regulations of Hays County, payable to Hays County, which

shall be binding and in effect for two (2) years from the date of acceptance of

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the streets and improvements. The CITY shall require the applicant/developer

to be responsible for maintenance of the streets and improvements as also

required by the Hay County Subdivision and Development Regulations. The

CITY may also require the applicant/developer to post a utility bond or other

improvements bond, payable to the CITY, if required by the subdivision

regulations of the CITY.

O. The CITY shall collect and forward to the COUNTY all COUNTY

subdivision fees as presently authorized or amended by the COUNTY, for

services to be performed by the COUNTY. The CITY shall have the right to

charge applicants/developers reasonable fees, sufficient to cover the full cost

of services provided by the CITY under this Agreement and otherwise in the

administration of regulations that apply to subdivisions in the CITY’s ETJ. In

addition to the City’s fees and in consideration of the County’s performance

under this Agreement, the City shall collect a $320.00 per-lot fee for every

subdivision subject to this Agreement. Subject to other taxes, fees, fines and

penalties permitted by law, said $320.00 per-lot fee shall be forwarded to the

County and shall constitute full and complete compensation for County

services under this Agreement.

P. If a fee, Certificate of Deposit, Letter of Credit, warranty or bond is to be

forwarded to Hays County in accordance with this Agreement, the City shall

promptly forward the fee, Certificate of Deposit, Letter of Credit, warranty or

bond to Ms. Roxie Botkin (or her successor), Hays County Development

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Services Department, P.O. Box 1006 , San Marcos, Texas 78667-1006.

Physical address 2171 Yarrington Road.

Q. The CITY agrees to collaborate with the COUNTY regarding the

interpretation of any rule or regulation delegated by the COUNTY under this

agreement. Such collaboration may result in the granting of a variance on a

case-by-case basis. However, the CITY shall not grant a variance to a

COUNTY regulation without the consent of the COUNTY. For the purposes

of this agreement, consent shall be included in the written recommendation by

the COUNTY Development Services Director as required by COUNTY

responsibilities defined in this agreement.

R. As an attachment to this Agreement, the CITY shall provide a current map

and digital drawing file defining the legal boundaries of its corporate limits

and areas of ETJ. The CITY shall notify the COUNTY of any changes to the

CITY’s ETJ within 10 days of the effective date of the change, and the area

covered by this agreement shall be described by a metes and bounds

description and accompanied by an updated digital drawing file. Notice shall

be provided by letter according to Section IV. C, below. A change in the

area covered by this Agreement shall not, however, affect any rights accrued

under TEX. LOCAL GOV’T CODE Chapter 245 prior to the effective date of the

change.

S. The CITY shall submit for review by the COUNTY facility planning reports

supporting the proposed subdivision as required in 30 TAC Chapter 285.

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mailto:according

T. The CITY shall review floodplain drainage analyses of FEMA regulated

floodplains that are submitted in connection with proposed subdivision plats

for compliance with Chapter 735 of the Hays County Development

Regulations.

IV. GENERAL PROVISIONS

A. General Administration: Administering this Agreement and the contact

person for the COUNTY shall be the Hays County Director of Development

Services, or his/her representative. Administering this Agreement and the

contact person and representative for the CITY shall be the CITY Manager, or

his/her designee. The City hereby designates the City’s Assistant City

Manager with authority over the City’s subdivision planning staff as the

designee for purposes of this Agreement.

B. Alteration, Amendment or Modification: This Agreement may not be

altered, amended, or modified except in a subsequent writing signed by all

Parties to this Agreement. No official, agent, employee, or representative of

either the COUNTY or the CITY has the authority to alter, amend, or modify

the terms of this Agreement, except in accordance with express authority as

may be respectively granted by either the Hays County Commissioners Court

or the CITY.

C. Notice: All notices sent pursuant to this Agreement shall be in writing and

must be sent by registered or certified mail, postage prepaid, return receipt

requested.

(a) Notices sent pursuant to this Agreement shall be sent to the Hays

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County Subdivision Coordinator’s Office at the following address:

Ms. Roxie McInnis (or her successors) Hays County Development Services, P.O. Box 1006 San Marcos, Texas 78667-1006

(b) Notices sent pursuant to this Agreement may be delivered or sent to

the CITY at the following address:

Mr. James R. Nuse, P.E. (or his successor) City Manager City of San Marcos 630 E. Hopkins Street

San Marcos, TX 78666

(c) To be effective, a copy of any notices sent to the COUNTY shall be

sent to the Special Counsel’s Office at the following address:

Mark Driscol Kennedy (or his successor) A.D.A. -- Chief – Civil Division Hays County, Texas 111 E. San Antonio, Suite 204 San Marcos, TX 78666

(d) To be effective, a copy of any notice sent to the CITY shall be sent to the CITY Attorney at the following address:

Michael J. Cosentino (or his successor) City Attorney City of San Marcos 630 E. Hopkins Street San Marcos, TX 78666

(e) When notices sent pursuant to this Agreement are mailed by registered

or certified mail, delivery of notice shall be deemed effective three (3)

working days after deposit in a U.S. mail box or at a U.S. post office.

D. Severability: If any provision of this Agreement is found to be invalid,

illegal, or unenforceable, such invalidity, illegality, or unenforceability shall

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not affect the remaining provisions of this Agreement.

E. Breach: The failure of either Party to comply with the terms and conditions

of this Agreement shall constitute a breach of this Agreement. Either Party

shall be entitled to any and all rights and remedies allowed under Texas law

for any breach of this Agreement by the other Party.

F. Non-Waiver: The waiver by either Party of a breach of this Agreement shall

not constitute a continuing waiver of such breach or of a subsequent breach of

the same or a different provision. Nothing in this Agreement is intended by

either Party to constitute a waiver of any immunity from suit or liability to

which it is entitled under applicable law.

G. Entire Agreement; Third Parties: This Agreement constitutes the entire

agreement between the COUNTY and the CITY. No other agreement,

statement, or promise relating to the subject matter of this Agreement and

which is not contained in this Agreement or incorporated by reference in this

Agreement shall be valid or binding. This Agreement is not intended to confer

any rights on any third parties, and it shall not be construed as conferring any

rights on any third parties.

H. Terms used in Document: As used in this document, the terms

“Interlocal Cooperation Agreement”, “Interlocal Agreement”, “Agreement”,

and “Contract” are synonymous.

I. Non-Defined Terms: If not specifically defined in this Agreement, words

and phrases used in this Agreement shall have their ordinary meaning as

defined by common usage.

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EXECUTED THIS ________ day of __________________________________, 2012.

HAYS COUNTY

By: ______________________________________ HONORABLE JUDGE BERT COBB, M.D. HAYS COUNTY JUDGE

ATTEST: ____________________________________ DATE: ________________ LIZ Q. GONZALEZ, HAYS COUNTY CLERK

EXECUTED THIS ________ day of ___________________________________, 2012. CITY OF SAN MARCOS By: ___________________________________ JAMES R. NUSE, P.E., CITY MANAGER

ATTEST: ____________________________________ DATE: ________________ JAMIE LEE PETTIJOHN, CITY CLERK

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CHAPTER 701 - DEVELOPMENT REGULATIONS IN GENERAL

Sub-Chapter 9 - General Public Notice Requirements §9.01. Communication with Precinct Commissioner

Where individual Chapters of these Regulations require communication or contact with the Precinct Commissioner, the Applicant or the Applicant’s authorized agent is required to contact the Commissioner(s) in whose precinct(s) the proposed development is located prior to the submission of the Application. This contact or communication shall consist of either written communication or a personal visit by the Applicant or the Applicant’s authorized agent. The Commissioner shall establish and make available to the public a copy of contact procedures for this purpose. Commissioners may delegate contact and communication responsibilities to one or more members of their staff. If the Commissioner requests a personal visit in response to receiving written communication, the Applicant or the Applicant’s authorized agent shall arrange a personal visit with the Commissioner or the Commissioner’s designee at a mutually agreeable time and place. The purpose of this personal visit shall be for the Applicant to inform the Commissioner about the project and for the Commissioner to present to the Applicant any constraints or concerns associated with the project. Documentation of contact or communication with the Commissioner, including the personal visit, if requested, shall be furnished to the County in conjunction with an Application.

§9.02. Notice Required

Where individual Chapters of these Regulations require notice, the Applicant is responsible for accomplishing such notice regarding the Application or any action thereon, including any costs associated with such notice. Where the requirements of state or federal law dictate that the County actually accomplish such notice associated with an Application or any action thereon, the Applicant shall be responsible for the payment of fees and charges established by the Commissioners Court to cover the cost of such notice.

§9.03. Documentation

Where individual Chapters of these Regulations require notice, the Applicant is responsible for furnishing documentation to the County confirming that such notice was accomplished. Specific documentation requirements shall be established by the Department for each type of notice required under these Regulations.

§9.04. Posted Notice

Where individual Chapters of these Regulations require posted notice, the Applicant shall be required to notify the public upon the determination by the Department that an Application for a Development Authorization is Administratively Complete. This notice shall be accomplished through posting signs at the Subject Property. Where Posted Notice is required, no exemptions from these requirements shall be allowed. The following requirements apply to Posted Notice, where required:

(A) Within two (2) working days of receipt of notice from the Department that an Application filed with the County has been determined to be Administratively Complete, the Applicant shall install public notice signs on the Subject Property. Signs shall remain in place on the Subject Property until a final decision is rendered on the Application by the

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Commissioners Court or until such time as the Application is withdrawn, if the application is withdrawn.

(B) Signs shall be placed within twenty (20) feet of all property boundaries fronting on a public roadway. Where the length of the boundary fronting on a public roadway exceeds one thousand feet, the signs shall be spaced no further than one-thousand feet apart. At least one sign shall be placed along each public roadway fronting the property. The Applicant shall ensure that the view of the signs is not obstructed by objects on the Subject Property and that the signs are placed where there is an unobstructed view of the signs from the public roadway. Signs are not required to be placed along property boundaries that do not front on a public roadway.

(C) The signs shall contain the specific text required by the individual Chapter that includes the posted notice requirement. The Department shall develop and make available to the public standard language to be used for each type of posted notice required under these Regulations.

(D) The signs shall be a minimum size of four feet by four feet, with the bottom of the sign placed at least two feet above ground level. The background of the sign shall be white. The heading on the sign shall be red letters at least three inches high, with the remaining text black letters at least 1-1/2 inches high. The sign shall also contain the reference number that is used by the Department to track the Application for which the posted notice is required. The Department shall develop and make available to the public specific signage criteria and shall make available examples of signs for each type of posted notice required under these Regulations.

(E) The signs shall be constructed of materials that are sufficiently durable to ensure the sign remains in place and legible during the entire period that posting is required.

(F) The Department may also, utilizing any procurement process authorized under State law, designate one or more approved vendors from whom Applicants may purchase signage to comply with these Regulations.

(G) Signs may also be supplied by Applicants. The Department is authorized to require review by the Department of any signs supplied by the Applicant. The Department may require that such signs supplied by the Applicant be replaced, at the Applicant’s expense, if the Department determines that the signs supplied by the Applicant do not strictly conform to the requirements of these Regulations and published Department criteria.

(H) It shall be the responsibility of the Applicant to submit documentation to the Department that the signs have been properly installed and to periodically check sign locations to verify that signs remain in place and have not been vandalized or removed. The Applicant shall immediately notify the County of any missing or defective signs. It is unlawful for a person to alter any notification sign or to remove it while the case is pending; however, any removal or alteration that is beyond the control of the Applicant shall not constitute a failure to meet notification requirements. If signs are removed, damaged or become illegible, the Applicant shall replace the signs within three (3) working days.

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§9.05. Written Notice for Political Subdivisions and Contiguous Properties

Where individual Chapters of these Regulations require written notice, the Applicant shall be required to notify affected political subdivisions and the owners of Contiguous Properties through written notice. The following provisions apply to Written Notice, where required:

(A) The written notice must include a map clearly showing the boundaries and general location of the proposed development and major roadways in the vicinity.

(B) The written notice must include a general description of the nature of the proposed development, including identification of the Applicant and the Permittee and a general description of the nature of the activities for which approval is being requested.

(C) The written notice must also include any additional information required by the individual Chapter that includes the written notice requirement.

(D) The Applicant shall forward copies of any written notice to any other parties to the application, including the Permittee and/or the owners of the Subject Property.

§9.06. Identification of Affected Political Subdivisions

Where written notice is required to be submitted to an affected political subdivision, as part of its technical review of a completed application the Department shall identify all political subdivisions affected by the Application for which it has available records. The list of affected political subdivisions shall at a minimum include any political subdivision within whose boundaries the Subject Property is located. If the Subject Property is not located within the boundaries of an emergency services or management district, a school district, a water utility district, or a wastewater utility district, the nearest such district shall be included in the list of affected political subdivisions. The address for notice purposes for each affected political subdivision shall be the address furnished by the Department to the Applicant.

§9.07. Identification of Contiguous Property Owners

Where written notice is required to be submitted to owners of Contiguous Property, the applicant shall identify all owners of Contiguous Property that are not parties to the Application. The identified owners for the Contiguous Properties shall be those owners on file with the Hays Central Appraisal District (HCAD) within thirty (30) days prior to the date the Application is filed. The address of the identified owners for notice purposes shall be the address on file with the HCAD.

§9.08. Delivery of Written Notice

The following requirements apply to the delivery of Written Notice, where required:

(A) The person may deliver the written notice in person, by express courier or by depositing the notice with the United States Postal Service (USPS), postage paid. Personal delivery and delivery by express courier shall be confirmed by a written acknowledgement of receipt by the party to whom the written notice was delivered or their authorized agent. Mailed notice deposited with the USPS shall be sent certified with return receipt requested. Mailed notice may be confirmed by the receipt returned by the USPS. In instances where the person to receive Written Notice has requested that the person making the Written Notice submit such Written Notice via electronic media, the person making such Written Notice may deliver that notice via electronic media. All instances

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of Written Notice delivered via electronic media must be confirmed in writing or by receipt of an affirmative reply from the recipient via electronic media. Nothing in this section shall be construed to require the issuance of Written Notice via electronic media.

(B) Where written notice is required to affected political subdivisions, within ten (10) working days of receipt of notice from the Department that the Application has been determined to be Administratively Complete and the Department’s providing the Applicant with a list of affected political subdivisions, the Applicant shall provide written notice of the proposed development to each of the affected political subdivisions.

(C) Where written notice is required to owners of Contiguous Properties, within ten (10) working days of the filing of the application, the Applicant shall provide written notice of the Application to each of the owners of Contiguous Property that are not parties to the Application.

(D) Within ten days of providing such written notice under these Regulations, the Applicant shall provide copies of the notification and proof of notice delivery to the Department.

§9.09. Published Notice

Unless otherwise required under individual chapters, where published notice is required, it shall be accomplished in a newspaper of general circulation in the County at least two (2) times. For published notice of Applications, such notice shall be published within thirty (30) calendar days of filing the Application. For published notice of the consideration of action on any aspect of an Application, such notice shall be published during the period beginning on the 30th calendar day and ending on the 7th calendar day prior to such consideration. To document publication of the required notice, the person having such notice published shall submit an original, signed publisher’s affidavit demonstrating actual publication.

§9.10. Review of Public Notice by the County

The County may review any and all procedures used by the Applicant or others to accomplish public notice under these Regulations. The County shall require additional public notice for any public notice deemed by the County as not in compliance with these Regulations. The County may suspend the processing of any application for which the County determines that public notice was not accomplished in substantial compliance with these Regulations. The Applicant or Permittee shall be responsible for the costs of such additional public notice required as a result of failing to publish notice in substantial compliance with these Regulations.

§9.11. Additional Public Notice by the County

Where these regulations require notice, the County may accomplish additional public notice of any Application or pending action on such Application using whatever means it may deem appropriate and as required by federal, state or local law. Any such costs for this additional public notice shall be the responsibility of the County. Additional public notice by the County may include, but is not limited to, posting notice on the Commissioners Court agenda, posting notice in conjunction with other posted notices at County facilities, posting on any electronic medium maintained or used by the County, or inclusion of such notice in any announcement or communication performed by the County. Except where required by law, such additional public notice by the County will be at the discretion of the Commissioners Court. The Department shall also distribute all written and published public notice required under these Regulations to those

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persons on the Department maintained public distribution list in accordance with Subchapter 10 of this Chapter.

Sub-Chapter 16 - Coordination with “911” Addressing System This subchapter shall govern the coordination required with the “911” Addressing System prior to issuance of a Development Authorization by the County.

§16.01. Communication with County “911” Coordinator

Prior to submitting an Application, the Applicant or the Applicant’s authorized agent is required to contact the County “911” Coordinator to confirm the suitability of the naming and designation of proposed roadways and to establish procedures for identifying the “911” addresses for the subdivision. Applications for subdivisions must confirm the suitability of the name and designations in conjunction with the Preliminary Plan.

§16.02. Additional Coordination

The County “911” Coordinator may require the Applicant to coordinate “911” addressing information with the Hays County Sheriff, municipal police and fire departments, emergency services districts (ESDs) and any other emergency response agencies authorized to operate in the County whose response might be requested during an emergency.

§16.03. Approval Required

Prior to the issuance of a Development Authorization by the County, the Applicant shall submit evidence of approval by the County “911” Coordinator for the following:

(A) The proposed names or designations for new roadways, shared access easements or shared access driveways associated with any Application to the County for a Development Authorization. The County “911” Coordinator is hereby authorized to withhold approval of names or designations that the coordinator determines are very similar to existing names or designations or which may otherwise contribute to confusion in names or designations in a way that may hinder emergency response.

(1) When names or designations are allowed to change on a continuous street, street signs must be placed in a clear and unambiguous manner, so as not the hinder emergency response.

(B) If “911” addresses have not previously been established for the proposed development, in conjunction with the final Development Authorization, the County shall establish a “911” address for each lot or component of the development served by a Regulated Roadway, shared access easement or shared access driveway associated with that development. If the development plan includes multiple habitable structures located on the same lot (e.g. a multi-unit residential housing unit, a Manufactured Home Rental Community, a multi-unit commercial development, etc.), a “911” address shall be established for each habitable structure. The “911” addresses shall be established by the County “911” Coordinator.

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CHAPTER 715 - WATER AND WASTEWATER AVAILABILITY

Sub-Chapter 3 - Water Availability §3.01. Applicability

The following developments are exempted from the requirements to certify water availability under these Regulations. The County encourages exempted developments to comply with these Regulations.

(A) Exempted subdivisions as defined under §701.3.01.

(B) Exempted Manufactured Home Rental Communities as defined under §745.2.01.

(C) The following categories of non-exempt subdivisions are not required to demonstrate water availability, subject to the inclusion of a plat note prohibiting further non-exempt subdivision or re-subdivision for a period of five (5) years following the filing of the Final Plat:

(1) All non-exempt subdivisions of five (5) lots or less in which all lots average at least two (2) acres.

(2) All subdivisions of ten (10) lots or less in which all lots are larger than ten (10) acres.

§3.02. Items Common to All Water Availability Demonstrations

The following items shall be addressed in all water availability demonstrations prepared under these regulations, regardless of the source(s) utilized:

(A) An estimate of the amount of water demand throughout all phases of development supported by engineering calculations based on the anticipated timetable for full build-out, including a statement describing the level of fire protection afforded to the proposed phase(s) of the development;

(B) A statement as to whether there are plans for alternative or backup water service; if so, an identification of the alternative or backup water source;

(C) A description of any anticipated new water facility improvements required to serve the development;

(D) A map showing the proposed location of all water facilities throughout all phases of development as well as the proposed water service area, including any TCEQ-approved service area boundaries of a water service provider operating under a Certificate of Convenience and Necessity (CCN) within the boundaries of the proposed subdivision;

(E) An estimated timetable for completion of all facilities; and,

(F) Based on the information available at the time the application is submitted, the anticipated owner(s) and operator(s) of all water facilities throughout all phases of development shall be identified and included in the application.

§3.03. Notification for All Developments Utilizing Local Groundwater

This Subchapter addresses the requirements that Subdivisions and Manufactured Home Rental Communities must meet to demonstrate water availability using Local Groundwater for the purposes of obtaining a Development Authorization from the County. These Regulations do not

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include the details for requirements on the withdrawal and use of groundwater that may originate from the regulations other entities. The public is hereby notified that portions of Hays County are within the jurisdiction of other governmental entities, including Groundwater Conservation Districts and the Edwards Aquifer Authority, which regulate the withdrawal and use of groundwater under direct authority from the State of Texas, independent from the authority of Hays County. Within their statutory authority, these other governmental entities may impose requirements in addition to those contained in these Regulations. The Department shall cause to be included in any Development Authorizations issued under these Regulations a notice that valid limitations imposed by these other authorized entities are incorporated as a special provision into the terms of the County’s Development Authorization and may be enforced as such by the County. The Department shall also develop and publish requirements for incorporating into the Record Documents notice of the requirements of these other governmental entities.

Where applicable federal, state or local statutes require Applicants to submit water availability certifications to other governmental entities, the Applicant shall document compliance with these requirements. Where the Department is made aware of applicable regulations of other entities, the Department shall process any Application as requesting a variance where that Application is determined to not be in compliance with such other regulations. It is the intention of these Regulations that all Applications be processed, to the extent authorized under State law, to not conflict with Groundwater Management Area planning efforts, established sustainable yields, desired future conditions, and managed available groundwater volumes.

§3.04. Procedures for Department Coordination with the Applicable Groundwater Conservation District

For all water availability demonstrations which rely in whole or in part on Local Groundwater, the Department shall ensure that a copy of the water availability demonstration is submitted to the applicable groundwater conservation district(s) [GCD] for review and comment. Where the Applicant is required to make such a submittal under §715.3.03, the Department shall forward to the GCD within ten (10) working days of receipt, a written request for review and comment on the portion of the availability demonstration relying on Local Groundwater. Where such submittal to the GCD is not otherwise required by the Applicant, the Department shall forward the information to the GCD within ten (10) working days of receipt, with a written request for review and comment on the portion of the availability demonstration relying on Local Groundwater. If the Department has not received written comments from the GCD within fifteen (15) working days, the GCD shall be considered as having waived the opportunity for review and comment on the availability demonstration. The Department shall consider all comments received from the GCD and may request such additional information from the Applicant as the Department deems appropriate in response to these comments. The Department shall include a summary of any comments timely received from the applicable GCD in any report made to the Commissioners Court on an Application. If the County has adopted a Memorandum of Understanding (MOU) with any GCD, the Department shall follow the procedures outlined in the MOU.

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§3.05. Water Availability Demonstrations Using Individual Private Water Wells Producing Local Groundwater

In addition to the requirements outlined in §715.3.02, Applicants requesting approval to utilize one or more individual private water wells using Local Groundwater to serve the proposed development shall construct at least two wells (one test well and one monitor well). Use of existing wells will be permitted if the wells fully meet these regulations. Well analyses shall be performed by a Texas licensed professional engineer or Texas licensed professional geoscientist, qualified to perform the hydrogeological testing, geophysical well logging and aquifer pump testing. The following information shall be provided to Commissioners Court for each well tested.

(A) Identify the hydrogeologic formation by well driller’s log and approved geophysical logging methods. Provide a map and list of all known wells within 1,000 feet of the proposed subdivision boundaries (or a distance where measurable drawdown effects from the proposed subdivision well are expected). Each well is to be located by latitude and longitude.

(B) The Certification of Groundwater Availability For Platting Form as required by the TCEQ rules on Groundwater Availability Certification for Platting at 30 Tex. Admin. Code Section 230.3. The Department shall require an applicant to submit any engineering calculations, studies or other data supporting the statements contained in the Certification of Groundwater Availability For Platting Form.

Individuals marketing the development shall provide each purchaser or renter with a statement describing the extent to which water and wastewater service will be made available, and how and when such service will be made available.

§3.06. Additional Requirements for Subdivisions Served by Individual Water Wells Producing Local Groundwater in Priority Groundwater Management Areas

Applicants requesting approval to utilize individual private water wells producing Local Groundwater to serve proposed new development in a Priority Groundwater Management Area, as that term is defined by the Texas Commission on Environmental Quality, shall be subject to the following additional requirements:

(A) The person preparing the groundwater availability certification shall document that they obtained available information on historical water levels and known water wells from the applicable Groundwater Conservation District.

(B) The person preparing the groundwater availability certification shall perform a walking receptor survey around the perimeter of the Subject Property to identify the visual location of apparent undocumented water wells and to visually confirm the presence of documented water wells within five hundred (500) feet of the boundaries of the subject property.

(C) The person preparing the groundwater availability certification shall estimate the average annual recharge (per acre) in the vicinity of the Subject Property using a Groundwater Availability Model (GAM) reviewed and approved by the Texas Water Development Board.

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(D) The person preparing the groundwater availability certification shall utilize the estimated annual average recharge rates (developed under §715.3.06.C) to determine the total estimated annual recharge for the footprint area of the Subject Property. The estimated annual recharge for the Subject property shall be compared to the projected annual groundwater withdrawal, to assess whether the projected withdrawal exceeds the estimated recharge. For developments where the projected withdrawal exceeds estimated recharge, the Applicant shall take one or more of the following steps:

(3) Comply with the minimum lot size requirement of 6.00 acres, as presented in Table 705.05.01;

(4) Provide a supplemental demonstration of water availability based on an Other Water Supply System and prorate the minimum lot size requirement using 6.00 acres for the percentage provided by Local Groundwater and the otherwise applicable value from Table 705.05.01 for the Other Water Supply System; or,

(5) Subject to the requirements of §715.3.06(F), secure the future development rights for currently undeveloped property in a quantity sufficient to balance the groundwater withdrawal for the Subject Property with overall recharge from the Subject Property and other property, and provide Written Notice, as outlined in Chapter 701, to the owners of all proximate property for which a groundwater well is documented or discovered during the walking receptor survey and the owners of any other documented well within one-quarter mile of the Subject Property, that the projected groundwater use for the proposed development is being offset through the acquisition of additional property. The Department shall make available to the public standardized notice language for this purpose.

(E) For developments where the availability of groundwater is limited to less than the flow required to support fully developed conditions, the Applicant shall include in the Water and Wastewater Service Plan the procedures to be utilized to limit groundwater withdrawal to the certified available quantity.

(F) Property outside the Subject Property that is used for the purpose of balancing the groundwater withdrawal for the Subject Property shall comply with the following conditions:

(6) Eligible additional property must recharge to the same aquifer zone as the Subject Property and be within the same PGMA.

(7) All such additional property shall be subject to a conservation easement or equivalent legal mechanism structured to prohibit in perpetuity its future subdivision or development. The easement or instrument shall be granted to the public and shall be held by the County or other non-profit legal entity recognized by the County as custodian for the County. Such easement or instrument shall be in such form and under such conditions as are acceptable to the County.

(8) For properties located within the jurisdiction of public entities having zoning authority, the Applicant shall provide documentation that the zoning for the additional property is “agricultural”, “open space” or other equivalent zoning that allows little to no development of the additional property.

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(9) The additional property shall either be contiguous to the Subject Property or located within five (5) miles of the Subject Property.

(10) Additional property that is contiguous to the Subject Property may be considered as providing the same recharge as the Subject Property.

(11) Additional property that is not contiguous but is located within five (5) miles of the Subject Property shall be considered as providing seventy five percent (75%) of the recharge provided by the Subject Property.

(12) In instances where the Applicant proposes to secure the development rights from a property (the originating property) that is outside the jurisdiction of the County and within the jurisdiction of one or more local governmental entities, the Applicant must provide documentation of the written approval of the transfer from each such local governmental entity with jurisdiction over the originating property.

§3.07. Water Availability Demonstrations Utilizing a new TCEQ public water supply system:

In addition to the requirements outlined in §715.3.02, Applicants proposing to serve a development through a new public water supply system shall include the following information in the Water and Wastewater Service Plan:

(A) If water service is to be provided by a municipal utility district or other special purpose district that has not been created as of the filing of the Preliminary Plan, a detailed description of the proposed district boundaries, a timetable for creation of the district, and identification of the proposed organization of the district.

(B) Prior to the final approval of the development (e.g. the final plat or the Infrastructure Development Plan), the Applicant shall supply a letter to the Department from the water service provider certifying that they have the authority to provide water service; that there will be sufficient capacity to serve all phases of the proposed development; and that all required agreements have been executed.

(C) Within ten (10) working days of receiving this supply letter, the Department shall notify in writing all governmental entities which the Department has record of having jurisdiction over any aspect of water supply to the proposed development requesting their comments on the letter. In instances where the water service provider does not own or otherwise control the source(s) of supply, the Department may require that the Applicant obtain supporting documentation certifying the availability of adequate supply from the actual water supply source(s) in addition to the information required to be provided by the water service provider. The Department shall include in any Development Authorization a Special Provision recognizing the requirements of any other governmental entity with established jurisdiction over the proposed development. Any disputes between the Applicant, water service provider and other governmental jurisdictions shall be heard by the Commissioners Court.

(D) For developments within the jurisdiction of a Groundwater Conservation District that utilize groundwater in their demonstration, a formal groundwater availability analysis, in accordance with 30 TAC 230, shall be completed, along with a statement acknowledging that all applicable requirements of the GCD will be met.

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§3.08. Water Availability Demonstrations Utilizing an existing TCEQ-permitted public water supply:

If wholesale or retail water service is to be provided by an existing water utility or other existing water service provider, an applicant shall submit a written statement from the existing provider containing the following:

(A) A description of the authority of the existing provider to serve the proposed phase of development.

(B) A statement as to whether the existing provider has available capacity to serve the proposed phase of development, including a statement describing the level of fire protection afforded to the proposed phase(s) of the development.

(C) A description of the type of water service to be provided (wholesale or retail) and a timetable for the providing of such service to the proposed development.

(D) Identification of any anticipated water supply or service agreements that will need to be executed prior to the provision of service.

(E) Prior to the final approval of the development (e.g. the final plat or the Infrastructure Development Plan), the applicant shall supply a letter to the Department from the utility provider certifying that they have the authority to provide water service; that there will be sufficient capacity to serve all phases of the proposed development; and that all required agreements have been executed.

(F) Within ten (10) working days of receiving this supply letter, the Department shall notify in writing all governmental entities which the Department has record of having jurisdiction over any aspect of water supply to the proposed development requesting their comments on the letter. In instances where the water service provider does not own or otherwise control the source(s) of supply, the Department may require that the Applicant obtain supporting documentation certifying the availability of adequate supply from the actual water supply source(s) in addition to the information required to be provided by the water service provider. The Department shall include in any Development Authorization a Special Provision recognizing the requirements of any other governmental entity with established jurisdiction over the proposed development. Any disputes between the Applicant, water service provider and other governmental jurisdictions shall be heard by the Commissioners Court.

§3.09. Water Availability Demonstrations Utilizing Rainwater Harvesting

In addition to the requirements outlined in §715.3.02, Applicants proposing to serve a development through rainwater harvesting shall include the following information in the Water and Wastewater Service Plan:

(A) Estimates of the water availability from rainwater harvesting shall be based upon the “The Texas Manual on Rainwater Harvesting”, published by the Texas Water Development Board, or other industry standard sources acceptable to the Department.

(B) Water demand estimates for demonstrations involving rainwater harvesting, including demonstrations utilizing multiple water sources, may not be lower than the largest value of the following:

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(13) The maximum water usage rates for “water conserving households” identified by the American Water Works Association, “Residential End Uses of Water”;

(14) A total of forty five (45) gallons per person per day;

(15) A total of one hundred fifty (150) gallons per dwelling unit per day.

(C) The Water and Wastewater Service Plan shall include a standardized design for a rainwater harvesting system, prepared by a Texas licensed professional engineer, using design parameters applicable to the location of the Subject Property. This standardized design shall be based on a prototype representative of actual conditions anticipated to be present in the proposed development, including typical structure sizes and materials of construction. The standardized design shall include schematic plans, drawings and descriptions for the various component parts of the prototype system, and shall include any minimum requirements (e.g. minimum storage tank sizes) and appropriate adjustment factors to be used for each component to account for the range of differing sizes and configurations of structures anticipated to be present in the proposed development.

(D) The Water and Wastewater Service Plan shall include a standardized operations and maintenance plan for a rainwater harvesting system, prepared by a Texas licensed professional engineer. This operating and maintenance plan shall be based on the prototypical design and shall describe in detail the operating and maintenance requirements for each component of the prototypical rainwater harvesting system.

(E) The Water and Wastewater Service Plan shall clearly identify any water conservation measures and use limitations used in estimating the water demand and shall include the provisions to be utilized to ensure that the end users of the rainwater harvesting systems are aware of the need to follow these restrictions.

(F) Where rainwater harvesting constitutes the sole source of water supply for the development, the Applicant shall incorporate sufficient restrictions (including deed restrictions and plat notes) into the development documents to ensure that subsequent owners or users of the property do not install or utilize groundwater wells, until an updated water availability demonstration is approved documenting sufficient groundwater is available.

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CHAPTER 721 - ROADWAY STANDARDS

Sub-Chapter 1 - Applicability §1.01. Applicability

This Chapter shall govern the following items related to Regulated Roadways within the County:

(A) The design and construction of all Regulated Roadways as defined in Chapter 701.

(B) The minimum roadway widths and building set back lines for Regulated Roadways.

§1.02. Legal Authority

Legal Authority for adopting and enforcing the regulations in this Chapter is granted to the County under TLGC in Chapters 231, 232 and 234, and under the Texas Transportation Code (TTC) Chapters 251, 286 and 545.


Approval of the Commissioners Court is required prior acceptance by the County of Regulated Roadways. Separate approval is required under Chapter 751 for any use of existing County facilities, including roadway rights-of-way, which are not part of the Application for a Development Authorization.

Sub-Chapter 2 - Roadway Classifications §2.01. Basis for Classification

Regulated Roadways shall be classified based on the criteria established in “A Policy on Geometric Design of Highways and Streets”, latest edition, as developed by the American Association of State Highway and Transportation Officials (AASHTO). For the purposes of these Regulations, regulated roadways shall be designed to handle the average daily traffic (ADT) estimated to occur for a period of twenty (20) years following completion of construction of the roadway, with the pavement sections and widths required to accommodate the design ADT at the applicable speed limits adopted by the County. At a minimum, pavement sections and widths shall conform to the suggested minimum requirements established by AASHTO for the specified classification of roadway. Roadways shall also be classified under TTC Chapter 251. Roadway classification information is included in Table 721.02.

§2.02. Country Lane

A Country Lane shall be a one or two lane paved roadway, without improved shoulders, and considered a Special Purpose Road with a design capacity of up to 100 ADT in accordance with AASHTO design standards, and third-class roadways in accordance with TTC Chapter 251.

§2.03. Local Roadway

A Local Roadway shall be a two lane paved roadway, with improved shoulders or curb and gutter, and considered a Local Rural Road with a design capacity of between 101 and 1,000 ADT in accordance with AASHTO design standards, and third-class roadways in accordance with TTC Chapter 251.

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§2.04. Urbanized Local Roadway

An Urbanized Local Roadway shall be a two lane paved roadway, with improved shoulders or curb and gutter, and considered a Special Purpose Road with a design capacity of up to 1,000 ADT in accordance with AASHTO design standards and third-class roadways in accordance with TTC Chapter 251.

§2.05. Minor Collector

A Minor Collector shall be a two lane paved roadway, with improved shoulders or curb and gutter, and considered a Rural Collector with a design capacity of 1,001 to 2,500 ADT in accordance with AASHTO design standards, and may be either second-class or third-class roadways in accordance with TTC Chapter 251.

§2.06. Major Collector

A Major Collector shall be a two lane or larger paved roadway, with improved shoulders or curb and gutter, and considered a Rural Collector with a design capacity of 2,501 to 5,000 ADT in accordance with AASHTO design standards, and may be either first-class or second-class roadways in accordance with TTC Chapter 251.

§2.07. Minor Arterial

A Minor Arterial shall be a two lane or larger paved roadway, with improved shoulders or curb and gutter, and considered a Rural Arterial with a design capacity of 5,001 to 15,000 ADT in accordance with AASHTO design standards, and may be either second-class or third-class roadways in accordance with TTC Chapter 251.

§2.08. Major Arterial

A Major Arterial shall be a two lane or larger paved roadway, with improved shoulders or curb and gutter, and considered a Rural Arterial with a design capacity of greater than 15,000 ADT in accordance with AASHTO design standards, and may be either first-class or second-class roadways in accordance with TTC Chapter 251.

Sub-Chapter 3 - Public Roadways §3.01. Dedication to Public

Any dedication of a roadway to the County for public use shall be accomplished using one of the methods allowed under Chapter 701, Subchapter 11. No dedication shall be effective until the record document is recorded. In no event shall any private lot extend into a dedicated public roadway.

§3.02. Publicly Maintained and Dedicated Roadways

Roadways dedicated to the public (Public Roadways) shall be required in all developments approved under these Regulations, except those satisfying the criteria for private roadways, as set forth below. All such Public Roadways shall be paved and shall be Regulated Roadways designed and constructed in accordance with the specifications set forth in Chapter 721, Subchapter 5. The boundary lines of all subdivision Lots fronting onto a publicly dedicated right-of-way shall be contiguous with the boundary of the right-of-way.

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§3.03. Construction of Public Roadways

Public Roadways shall be considered public infrastructure, subject to the requirements of Chapter 731. Unless interim authorization for construction is obtained under Chapter 731, construction of public roadways shall not commence until such time as a Development Authorization has been issued by the County on an Application filed under these Regulations.

§3.04. Connections to Public Roadways under the Jurisdiction of Other Entities

Certain Regulated Roadways and appurtenances governed by these Regulations may require connection to or construction on or within the right-of-way of public roadways under the jurisdiction of other public entities, including the Texas Department of Transportation (TXDOT), or any other authorized state or federal government entity. All construction and access to these roadways conducted in conjunction with a development authorized under these Regulations shall comply with the requirements of the entity having jurisdiction over the affected public roadway.

Sub-Chapter 4 - Private Roadways §4.01. General Requirements for Private Roadways

All private roadways qualifying as Regulated Roadways (Regulated Private Roadways) shall be designed and constructed in accordance with the standards in Chapter 721, Subchapter 5 for Public Roadways. All Regulated Private Roadways shall have a surface suitable for all-weather access to all portions of the proposed development served by such Regulated Private Roadway.

§4.02. Criteria for Determining Private Roadway Status

Regulated Private Roadways shall be permitted only in conjunction with a development approved under these Regulations if they satisfy each of the following criteria:

(A) The person(s) responsible for the operation and maintenance of the Regulated Private Roadway has executed an agreement with the Commissioners Court acknowledging responsibility for such operation and maintenance;

(B) The executed agreement includes financial assurance, as required by the Commissioners Court; and,

(C) Lots within the development served by the Regulated Private Roadway shall have an average size greater than 5 acres; or.

The Commissioners Court has entered into an approved Development Agreement with the Owner or Permittee regarding the development of a master-planned community of no fewer than fifty (50) residential Lots.

§4.03. General Requirements for Maintenance of Private Roadways

Development Authorizations that include the use of Regulated Private Roadways shall be subject to a maintenance agreement with the County. The person(s) responsible for maintenance under the agreement may be the Owner of the Subject Property, the Permittee, or another person or entity acceptable to the County. The following provisions apply to Regulated Private Roadways:

(A) The following note shall be conspicuously displayed on the Record Documents filed in conjunction with the Development Authorization:

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[Owner], by filing this Record Document, and all future owners of this property, by purchasing such property, acknowledge and agree that Hays County shall have no obligation whatsoever to repair or accept maintenance of the roadways shown on this approved development plan until and unless [Owner] and/or the property occupants or tenants have improved the roadways to the then current standards

required by Hays County and the roadways have been accepted for maintenance by formal, written action of the County Commissioners Court and the roadways, with all required right-of-way and building setbacks, have been dedicated by the owners thereof, and accepted by the County, as public roadways. [Owner] and all

future owners of property within the limits of the approved development plan shall look solely to the [Owner or Entity entering into Maintenance Agreement with the County] for future maintenance and repair of the roadways included in

this development plan; and

(B) Any restrictive covenants establishing a responsibility for roadway operation and maintenance shall be placed on record concurrently with the recording of the Record Documents.

(C) Regulated Private Roadways shall be operated and maintained to allow unrestricted ingress/egress by the occupants of the property and service providers, including emergency services. The maintenance agreement with the County shall include enforcement provisions for Regulated Private Roadways that are not properly operated and maintained.

§4.04. Additional Requirements for Private Roadways to be Maintained by an Association

Concurrently with the filing of an Application for a Development Authorization that will include Regulated Private Roadways, the Applicant shall submit the following:

(A) Ready-for-execution copies of the articles of incorporation and bylaws of the homeowners or property owners association; and,

(B) The minimum annual assessments that will be imposed upon members of the association.

Sub-Chapter 5 - Standards for Regulated Roadways §5.01. Applicability

Regulated Roadways are defined in Chapter 701, and include all roadways associated with an Application for a Development Authorization under these Regulations, including existing public roadways that are being connected or modified to accommodate the effects of a proposed development, new roadways dedicated to the public as part of a Development Authorization, new private roadways, shared access easements, and shared access driveways used for emergency services access as a part of a Development Authorization, and driveways, utilities, storm water management facilities or other facilities within the right-of-way of a Regulated Roadway.

§5.02. Design Requirements

All Regulated Roadways and related improvements shall be designed and installed so as to provide, to the maximum extent feasible, a logical system of utilities, drainage and roadways and

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to permit continuity of improvements to adjacent properties. A Roadway Design Report, prepared by a Texas licensed professional engineer, certifying compliance with these Regulations and other applicable standards shall be prepared and submitted with the Application.

§5.03. Minimum Rights of Way and Building Setbacks

All Regulated Roadways shall comply with the established minimum right-of-way widths and building setback lines based on the roadway classification. Above-grade construction is prohibited within the established building setback lines. Building setback lines apply on each side of a Regulated Roadway. The established minimum right-of-way widths and building setback lines are presented in Table 721.02, below.

§5.04. Design and Construction Standards

(A) The classification and construction standards for all Regulated Roadways shall be determined according to the Average Daily Traffic anticipated for the roadways. The Roadway Design Report shall include estimates of the Average Daily Traffic (ADT) before and after the proposed development. The methodology for estimating ADT shall be based on recognized industry standards, including those utilized by the Texas Department of Transportation (TXDOT) and AASHTO. The post-development ADT shall be based on the maximum number of Lots that would be permitted in the approved development plan.

(B) The geometric requirements for Regulated Roadways shall be identified in the Roadway Design Report and shall be designed to accommodate the design ADT of the roadway. The minimum geometric standards for Regulated Roadways are summarized in Table 721.02.

(C) The design and construction of all Regulated Roadways shall conform to the Hays County Specifications for Paving and Drainage Improvements, as adopted by the Department, and shall include all necessary improvements, including necessary signage and traffic control devices. All signage and traffic control devices shall conform to the “Texas Manual of Uniform Traffic Control Devices,” latest edition, as adopted by TXDOT. Speed bumps are not authorized as traffic control devices on Public Roadways. Pedestrian elements (e.g. sidewalks, crosswalks, access ramps, etc.) for projects in Public Roadways shall comply with the accessibility requirements of the Texas Department of Licensing and Regulation (TDLR), and if required, shall be submitted to TDLR for review and approval.

(D) Incentive for Lots Larger than Five Acres. As an incentive to developers to create lots larger than five acres and to reduce their associated development costs, Country Lane roadways may be constructed, without calculation of the Average Daily Traffic, if all Lots with frontage or access onto the roadway are (i) larger than five acres in size, (ii) restricted by a note on the Record Document limiting development to one single family dwelling unit per Lot and prohibiting TCEQ Regulated Development, and (iii) the application is approved by the Department.

(E) Incentives for Bicycle Paths and Lanes. If portions of a Local Roadway or Minor Collector are set aside and appropriately designated for the use of bicycles (or a separate bike path is constructed parallel to the roadway), then the amount of right-of-way dedicated to such bicycle use shall be credited against the width of required shoulders and

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the Department may reduce the estimated Average Daily Traffic per Lot in determining the design criteria for the roadway served by the bicycle path/lane, in an amount determined appropriate by the Department.

(F) Clearance of Right-of-Way. Upon request by the Owner, the Department shall, to the extent it is safe and prudent to do so, permit preservation of trees of greater than ten inches (10") in diameter, measured one foot from the ground (or the replanting of trees by the Owner), within rights of way of roadways classified as Country Lanes, Local Roadways and Minor Collectors, with greater preservation of trees permitted along roadways with the lower design speed. The Owner shall be responsible for affixing reflectors or other safety devices to any trees preserved within the right-of-way.

§5.05. Access to Regulated Roadways

Except with respect to Lots served by Shared Access Driveways, each Lot shall have the minimum direct frontage onto a Regulated Roadway set forth below and Driveways shall be spaced no closer than the minimum space intervals set forth below, depending on the classification of road onto which the Lot has frontage and the driveway has access. All such driveways shall conform to the Hays County Driveway Specifications, as adopted by the Department.

(A) Incentive for Qualifying Lots. Qualifying Lots will be exempt from the minimum lot frontage and driveway spacing requirements specified above if approved by the Department and Commissioners Court with due regard to safety concerns. A Qualifying Lot is any Lot that (i) is restricted by plat note to development of a single family residence, (ii) has direct access onto a Regulated Roadway and (iii) satisfies the minimum Lot size requirements set forth in these Regulations either through actual lot size or lot size averaging.

(B) Flag Lots. Flag lots shall generally not be permitted, except if approved by the Commissioners Court as consistent with the intent and spirit of these Regulations. The Department shall advise the Commissioners Court if a proposed Lot constitutes a "flag lot" and the Commissioners Court shall, in reviewing all the circumstances, make the final determination.

§5.06. Commercial Driveways

Driveways serving commercial development shall be spaced at the minimum intervals of one hundred fifty feet (150'). Joint-use driveways may be utilized in situations that limit the number of driveway access permits that are issued by either the State of Texas or Hays County to a public roadway, or where safety concerns provide a satisfactory explanation for its use.

§5.07. Shared Access Driveways

Up to one (1) Lot without independent access to a Regulated Roadway may obtain access to a Regulated Roadway by means of a Shared Access Driveway if approved by the Commissioners Court. An additional two (2) Lots having independent access to a Regulated Roadway may also share the use of the Shared Access Driveway. Shared Access Driveways are intended as a means to provide flexibility in the development process, preserve the rural character of the land and avoid excessive infrastructure costs when such costs would provide little or no social benefit. Shared Access Driveways are not intended to serve as a substitute for interior roads. Excessive

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use of Shared Access Driveways will not be permitted. Any application proposing shared access driveways shall also satisfy the following requirements:

(A) A plat note must be conspicuously displayed on the plat stating:

(16) All lots served by a Shared Access Driveway are restricted to one single family residence per lot and if any other Development of a Dwelling Unit occurs on any of the Lots obtaining access through the Shared Access Driveway, then such new Dwelling Unit must be constructed on a separately platted lot with direct frontage onto and physical access to a Regulated Roadway prior to construction of the Dwelling Unit. A duplex will not be considered a single family residence for purposes of this subparagraph.

(17) The owners of the Single Family Residences obtaining access through the Shared Access Driveway shall be solely responsible for all maintenance of the driveway, including maintaining any drainage structures associated with the driveway. The driveway must be maintained at all times in a condition that will permit unencumbered vehicular access by emergency vehicles.

(B) Each of the Lots sharing the use of the Shared Access Driveway shall hold equal, indivisible and unrestricted rights in the Shared Access Driveway, which rights shall be established by recorded easement and the easement shall run with the land of each of the benefited Lots. The easement instrument shall clearly state each Lot's pro rata responsibility with respect to future maintenance or repairs of the Shared Access Driveway.

(C) The Shared Access Driveway shall be no longer than one quarter mile in length and must have a minimum distance of (a) 200 feet from any other driveway entering onto the Regulated Roadway and (b) 500 feet from any other Shared Access Driveway.

(D) The Shared Access Driveway shall have a name or designation approved by the County “911” Coordinator and a separate “911” address shall be established as for each Lot which relies on a Shared Access Driveway for access.

(E) Up to three (3) Lots not having independent access to a Regulated Roadway may share a Shared Access Driveway with up to two (2) Lots having independent access to a Regulated Roadway if all other requirements of this are met and all Lots using or adjacent to the Shared Access Driveway are larger than five acres in size and restricted by Plat note limiting development to one single family residence per Lot and prohibiting TCEQ Regulated Development.

§5.08. Coordination with “911” Addressing System

If not previously established, all Applications for Development Authorization submitted to the County that include a new or altered Regulated Roadway, shared access easement, or a shared access driveway shall obtain approval for the names and/or designations for such roadways, easements or driveways from the County “911” Coordinator, in accordance with Chapter 701, Subchapter 16. The Applicant shall also establish a “911” address for all lots or components of the development served by a Regulated Roadway, shared access easement or shared access driveway associated with that development, in accordance with Chapter 701, Subchapter 16.

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§5.09. Speed Limits for Regulated Roadways

(A) If not previously established, all Applications for Development Authorization submitted to the County that include a new or altered Regulated Roadway, shared access easement, or a shared access driveway shall establish an appropriate maximum speed limit for such roadways, easements or driveways. Such established maximum speed limits shall not be greater than the maximum speed limits authorized under TTC Chapter 545.352 but shall not be less than the lower maximum speed limits authorized under TTC Chapter 545.355 for the specific type of roadway under consideration. For roadways with speed limits that are established at less than the maximum speed limits authorized under TTC Chapter 545.352, the Roadway Design Report shall include an explanation of the reasons for the reduced maximum speed limits.

(B) Speed limits shall not take effect until such time as the County approves and issues the Development Authorization under which those speed limits were established and signage indicating the established speed limit(s) is actually posted along the roadway.

§5.10. Construction Quality Assurance for Regulated Roadways.

The Permittee shall submit document all required inspections and tests at the completion of each phase of construction of the roadway. Construction Quality Assurance testing shall comply with the following:

(A) Tests on all components of the pavement system, including plasticity index, tests for compacted density, depth of base, distribution of asphalt, and other quality assurance tests required by the County’s adopted roadway construction specifications.

(B) It is the responsibility of the Permittee to coordinate all inspections and laboratory tests with the Department and not to proceed with construction until proper inspections and tests have been obtained.

(C) Any laboratory tests and test holes shall be at the expense of the Permittee.

(D) In no event will any subsequent component be placed on the roadway until the underlying components have been approved in writing by the Department.

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Table 721.01 – Design Requirements Based on Roadway Classification

Functional Classification

Country Lane

Local Roadway

Urbanized Local Roadway

Minor Collector

Major Collector

Minor Arterial

Major Arterial

AASHTO Classification

Special Purpose

Local Rural

Special Purpose

Rural Collector

Rural Collector

Rural Arterial

Rural/Urban Arterial

Average Daily Traffic (ADT - one way trips*)

Not more than 100

101-1000

Not more than 1000 1001-

2500 2501-5000

5001-15000

More than 15,000

Design Speed (mph) 25 mph 25 mph 25 mph 35 mph 45 mph 55mph **

No. of Travel Lanes 2 2 2 2 2 4 **

Turn Lanes No No No No ** ** **

Min. ROW Width (ft) 50 60 40 60 80 100 **

Building Setback (ft) 10 25 10 25 50 50 50

Width of Travelway (ft) 18 20

18 22 24 48 **

Width of Shoulders (ft) 2 4

2 5 6 8 **

Minimum Centerline Radius (ft) 200 300 200 375 675 975 **

Min. Tangent Length between Reverse or Compound Curves (ft) 50 100 50 150 300 500 **

Min. Radius for Edge of Pavement at Intersections (ft)

25 25 25 25 25 25 **

Intersection Street Angle Range

80-100 80-100 80-100 80-100 80-100 80-100 **

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(degrees)

Max. Grade (%): 11 11 10 10 9 8 **

Min. Street Centerline offset at Adjacent Intersections (ft) 110 125 110 125 125 125 **

Min. Stopping Sight Distance (ft) 175 175 175 250 350 550 **

Min. Intersection Sight Distance (ft) 250 250 250 350 450 550 **

Ditch Foreslope Grade 4:01 4:01 4:01 5:01 5:01 6:01 **

Ditch Backslope Grade 3:01 3:01 3:01 4:01 4:01 4:01 **

Min. Cul-de-sac ROW/ Pavement Radius (ft) 70/45 70/45 70/45 70/45 N/A N/A N/A

Min. “T” End ROW/ Pavement Length (ft) 80/65 80/65 80/65 N/A N/A N/A N/A

Min. “T” End ROW/ Pavement Width & Radius (ft)*** 40/20 40/20 40/20 N/A N/A N/A N/A

Min. Lot Frontage (ft) 30 50 30 100 150 150 150

Min. Drive Spacing (ft) 50 50 50 75 120 120 120

Notes:

* ADT shall be based on an average of 10 one-way trips per dwelling unit per day for residential lots. ADT calculations for commercial or other lots shall approved by the Department on a case-by-case basis.

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** Noted elements shall be approved by the County Engineer on a case-by-case basis.

*** “T” End Designs must conform to minimum AASHTO Standards

AASHTO – American Association of State Highway and Transportation Officials

Building Setback – Minimum building setback, in feet, applicable to each side of the roadway

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CHAPTER 735 - FLOOD DAMAGE PREVENTION

Sub-Chapter 5 - Provisions for Flood Hazard Reduction

§5.03. Standards for Subdivision Proposals

(A) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with this Chapter, and shall be approved by the County Floodplain Administrator prior to issuance of the Development Authorization by the County. Plat specifications and details for submission will be governed by Chapter 705 and other applicable provisions of these Regulations.

(B) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet the requirements this Chapter.

(C) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to this Chapter.

(D) All subdivision plats shall have the Floodplain and Floodway clearly delineated on the plat and, where appropriate, shall have the lowest floor elevations for all lots located within Flood Hazard Areas.

(E) All subdivision Applications including the placement of manufactured home parks and subdivisions shall include provisions for adequate drainage as required under Chapter 725, to reduce exposure to flood hazards.

(F) All subdivision Applications including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(G) All subdivision Applications which include land which is encroached by areas of special flood hazard, must include the placement of a permanent benchmark indicating the elevation relative to mean sea level. The benchmark must be located within the platted property, and must be indicated on the subdivision plat.

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ORDER ADOPTING RULES OF HAYS COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES

Section 10. AMENDMENTS.

The County of Hays, Texas, wishing to adopt more stringent Rules for its On-Site Sewage Facilities, understands that the more stringent local Rule shall take precedence over the corresponding Texas Commission on Environmental Quality requirements if local rules provide greater public health and safety protection. Listed below are the more stringent Rules adopted by Hays County, Texas.

A. Definitions.

The following terms shall have the corresponding meaning:

1. Dwelling Unit Equivalent – An estimated quantity of wastewater from a non-residential source that is equivalent to that generated from a three (3) bedroom residential dwelling unit, or 300 gallons per day, whichever is greater.

2. Qualified OSSF Inspector – An individual with a current license from the TCEQ as an Installer or a Maintenance Provider, as those terms are defined under 30 TAC Chapter 285 who also holds a current National Association of Wastewater Transporters (NAWT) or National Sanitation Foundation (NSF) certification as an on-site sewage facility inspector within one year of the effective date of these rules. Texas licensed professional engineers and Texas registered sanitarians may also inspect existing OSSFs, subject to the requirements of 30 TAC Chapter 285.

3. Department – Hays County Development Services Division

4. Groundwater Supply System – Any water supply system that obtains greater than one-third of its overall supply from Groundwater. This classification of water supply systems is further subdivided into Public Groundwater Supply Systems and Private Groundwater Supply Systems. Public Groundwater Supply Systems are any systems designated a Public Water System by the Texas Commission on Environmental Quality. Private Groundwater Supply Systems are any systems that do not qualify as a Public Groundwater Supply System, including, but not limited to, individual water supply wells.

5. Surface or Rainwater Collection System – A water supply system in which greater than two-thirds of the total water obtained is from a “surface” source, rainwater collection, or groundwater from an aquifer that is located entirely outside of Hays County. In the event any water supply system relies on Groundwater for greater than one-third, but not more than one-half, of its total water supply, the Commissioners Court may, on a case-by-case basis, approve an application to consider such water supply system to be a “Surface or Rainwater Collection System.”

6. Private Well – Any water well other than a Public Well. This definition includes Non-Public Local Groundwater Supply Systems which are Local Groundwater Supply

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Systems that do not qualify as a Public Local Groundwater Supply System, including, but not limited to individual water supply wells.

7. Public Well – A water well providing piped water for human consumption and defined as a "Community Water System" or a "Public Water System" under Chapter 290 of the Texas Administrative Code.

8. Rainwater Harvesting System – An individual potable water supply system approved by the Department and having rainwater as its source and designed to provide for any or all of the domestic water requirements, including irrigation.

D. Facility Planning

All of the terms and provisions of 30 TAC §285.4 are incorporated within the Rules of Hays County except as expressly amended below.

1. Land Planning, Site Evaluation and Minimum Lot Sizing. The following requirements shall apply to all lots on which an OSSF is to be utilized:

(A) A platted or unplatted single family residential lot shall have a surface area of at least the acreage designated in Table 10-1 below.

(B) Small Multi-Unit Residential Developments. Multi-unit residential developments with four or fewer individual dwelling units, including duplexes, may utilize lots smaller than the acreages set forth in Table 10-1, provided:

(1) site specific evaluation materials, for a central system or individual systems, are prepared by a Texas licensed professional engineer or a Texas registered professional sanitarian and submitted to the Department for review and approval; and,

(2) there is no more than one (1) dwelling unit for each TCEQ minimum lot acreage and no more than two (2) dwelling units for each minimum lot size as designated in Table 10-1 below.

(C) Other Multi-unit Residential Developments and Non-Residential Developments. Platted or unplatted lots used for multi-unit residential developments with more than four dwelling units, including apartment complexes, groups of rental dwelling units and lots used for non-residential purposes (e.g. office, commercial, industrial or institutional uses) producing domestic wastewater:

(1) shall have a minimum lot size of 1.0 acres and a total surface acreage of at least one (1) acre for each dwelling unit equivalent (DUE) per day; and,

(2) the on-site sewage facilities for these developments shall be designed based on site specific evaluation materials.

(D) OSSFs serving Manufactured Home Rental Communities and Recreational Vehicle Parks where spaces are rented or leased and are not subdivided for

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individual sale may be designed in accordance with Subsection (1)(C) above of this Section D.

(E) Condominium Complexes. Condominium complexes utilizing on-site sewage facilities shall meet the following requirements:

(1) The Owner applying for the OSSF permit shall identify the person who will be legally responsible for compliance with all applicable OSSF requirements. The application for OSSF permit shall include a sworn (notarized) statement from such legally responsible person attesting that such person accepts full legal responsibility for compliance with all applicable OSSF requirements. In the event the designated legally responsible party fails or refuses to comply with any applicable OSSF requirements, the Department may institute appropriate enforcement action against that person, or against one or more of the following parties who the Department determines to be responsible for the noncompliance: (i) the owner or manager of the condominium complex; (ii) the owner of one or more individual condominium units; (iii) the legally constituted condominium owners association for that condominium; (iv) a maintenance company/provider contracted to provide maintenance for the noncompliant OSSF.

(2) All requirements set forth in this Section D apply to condominium complexes.

(3) Each individual condominium unit shall be equipped with a flow meter capable of measuring the wastewater flow from that unit or a flow meter capable of measuring the water usage for that unit.

(4) Maintenance of the OSSF for a condominium complex is subject to the applicable maintenance, testing and reporting requirements of TCEQ’s Chapter 285 Rules and all maintenance shall be provided by a Maintenance Company/Provider registered with TCEQ under such rules.

(F) Where multiple sources of water apply to one lot, the larger of the two (2) minimum lot sizes shall govern.

(G) In instances where the actual design of the OSSF system proposed for use dictates a larger minimum lot size required, such larger minimum lot size shall apply.

2. Lot Size Averaging. Only platted development may take advantage of these averaging provisions. The minimum acreage requirements set forth in Table 10-1 below may be obtained by averaging the size of all Lots within a platted development so long as the only Lots with acreage exceeding the minimum set forth in such table that may be included in the averaging calculation shall be:

(A) Lots reserved by plat note for use as parkland or open space, or a private greenbelt in which all owners or residents of the subdivision hold an equal, unrestricted and indivisible right of access and use; or,

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(B) Lots larger than five acres restricted by a plat note prohibiting all development other than one Single Family Residence or other development excluded from the term "Regulated Activities" under the Edwards Aquifer Rules of the TCEQ (30 TAC Chapter 213), but without regard to the aquifer over which the development occurs.

3. Notwithstanding the averaging allowed above or anything else to the contrary in this Order, no on-site sewage facility shall be permitted on any Lot smaller than the minimum lot size permitted under Chapter 366 of the Texas Health and Safety Code and the TCEQ Regulations promulgated thereunder (30 TAC Chapter 285).

Table 10-1 – Minimum Lot Sizes (in Acres) for OSSFs

Location Water Service Advanced Conventional TCEQ Min.

EARZ [1] Surface or Rainwater Collection System

1.50 2.00 1.00 [4]

EARZ Public Groundwater Supply System[2,8]

2.50 4.50 1.00 [4]

EARZ Private Well 3.00 5.00 1.00 [4,6] EACZ [3] Surface or Rainwater Collection

System 1.00 1.50 0.50 [5]

EACZ Public Groundwater Supply System

1.50 2.50 0.50 [5]

EACZ Private Well 2.00 6.00[8]

3.00 6.00[8]

1.00 [6]

Any Other Surface or Rainwater Collection System

0.50 1.00 [7]

1.00 0.50 [5] 1.00 [6]

Any Other Public Groundwater Supply System

1.00 1.50 0.50 [5]

Any Other Private Well 1.50 6.00[8]

2.00 6.00[8]

1.00 [6]

Notes: 1. Edwards Aquifer Recharge Zone as defined in 30 TAC §213 2. A Public System is a Public Water System as defined in 30 TAC §290 3. Edwards Aquifer Contributing Zone as defined in 30 TAC §213 4. TCEQ Minimum lot size as per 30 TAC §285.40(c) 5. TCEQ Minimum lot size as per 30 TAC §285.4(a)(1)(A) 6. TCEQ Minimum lot size as per 30 TAC §285.4(a)(1)(B) 7. Minimum lot size for use of surface application system as per 30 TAC §285.33(d)(2) 8. Applicable to new subdivisions and Manufactured Home Rental Communities served by individual private water wells located within the Priority Groundwater Management Area as defined by Texas Commission on Environmental Quality and required to demonstrate water availability as required by Hays County under the authority granted to the County under the Texas Water Code and the Texas Local Government Code.

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4. A lot may contain multiple habitable structures and qualify as a single family residential lot if it meets the following criteria:

(A) In addition to the primary dwelling unit, the lot may be occupied by additional habitable structures or dwelling units (e.g. garage apartments, pool houses, guest cottages, etc.) with useable floor space less than fifty percent (50%) of the floor space of the primary dwelling unit;

(B) The additional habitable structures are not offered for public use or rental; and,

(C) All such additional habitable structures are precluded from sale or transfer separate from the primary dwelling unit.

5. Existing small lots or tracts that do not meet the minimum lot size requirements of this section and will serve one single family dwelling may be approved for an OSSF in accordance with the following requirements:

(A) Any lot, regardless of the date of platting or subdivision, must be of adequate size to accommodate the proposed system, including an effluent dispersal area that complies with effluent loading requirements of 30 TAC §285.91, Table I, and the system must be designed and operated in accordance with the remaining requirements of 30 TAC §285.

(B) For lots or tracts platted or subdivided before March 14, 1977, an OSSF may be permitted on a lot of any size.

(C) For lots or tracts platted or subdivided on or after March 14, 1977, but before June 14, 1984, an OSSF may be permitted on a lot of at least twenty thousand (20,000) square feet in size;

(D) For lots or tracts platted or subdivided on or after June 15, 1984, but before August 29, 1997;

(1) If the lot has a soil depth of less than four (4) feet to bedrock or to groundwater or if the percolation rate exceeds forty five (45) minutes per one (1) inch, the minimum lot size shall be thirty thousand (30,000) square feet; or,

(2) If the lot has both a soil depth of less than four (4) feet to bedrock or to groundwater and a percolation rate exceeding forty five (45) minutes per one (1) inch, the minimum lot size shall be forty thousand (40,000) square feet.

(E) For lots or tracts platted or subdivided on or after June 15, 1984, but before August 29, 1997, an OSSF may be permitted on a lot with a minimum size in compliance with 30 TAC §285.4 or §285.40, as applicable, which meets the requirements of 30 TAC §285.31 and the Hays County Regulations that were in effect at the time.

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(F) For lots or tracts platted or subdivided on or after August 29, 1997, and before the effective date of this Order, an OSSF may be permitted on a lot with a minimum size in compliance with Table 10-1 above, which meets the requirements of 30 TAC §285.31. An exception is the Edwards Aquifer Contributing Zone which only applies to the Barton Springs Segment of the Contributing Zone.

G. Innovative Development

Innovative development, such as “planned unit development” style developments, are encouraged and will be considered on a case by case basis, upon the submission of the following with a preliminary plan application for subdivision approval:

1. Site Evaluation Materials demonstrating that such an innovative development is appropriate in light of lot sizes, soil or other conditions;

2. Site Specific Materials; and,

3. Site Plan to be recorded with Record Plat, which shall state the future development of the Property shall be in accordance with the Site Plan. The Site Plan shall designate the type of development permitted on each Lot, the location of buildings, paved areas, green belts and on-site sewage facilities (including drainage fields) on each Lot; and all other materials required under 285.30 of the Rules, as applicable. As provided in Section 285.6 of the Rules, cluster systems are not authorized.

The Commissioners Court may approve an application for innovative development permitting minimum lot acreage below those required in Table 10-1 upon a finding that the proposed development will provide equivalent protection of the public health and environment as development in accordance with these Regulations and that the lot acreage meet the TCEQ minimum.

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AGENDA ITEM

Discussion and Possible Action to authorize the County Judge to execute an agreement with the City of Kyle regarding subdivision and development regulation in the extraterritorial jurisdiction of Kyle, pursuant to HB1445 (2001).


ACTION-MISCELLANEOUS August 7, 2012

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



MCINNIS/KENNEDY JONES INGALSBE

SUMMARY 25B51B77B103B129B155B181B207B233BCity and County staff have collaborated on the proposed agreement which will streamline the platting process in the City of Kyle's ETJ by making the city the "one stop shop" for plat approval. The county will continue to review all subdivision plats and will require compliance with the regulations identified in the agreement, however, final approval authority will be delegated to the city.

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INTERLOCAL COOPERATION AGREEMENT

BETWEEN HAYS COUNTYAND THE CITY OF KYLE FOR SUBDIVISION REGULATION WITHIN THE EXTRATERRITORIAL

JURISDICTION OF THE CITY OF SAN MARCOS

THIS INTERLOCAL COOPERATION AGREEMENT (this “Agreement”) is

made and entered into by and between Hays County, Texas, a political subdivision of the

State of Texas (hereinafter referred to as “COUNTY”), by and through its County Judge,

Dr. Bert Cobb, and the City of Kyle, a municipal corporation of the State of Texas

(hereinafter referred to as “CITY”), by and through its City Manager, Lanny S. Lambert.

The City and the County are hereinafter collectively referred to as “the Parties” or “the

Parties to this Agreement.”

WHEREAS, the CITY has duly identified its corporate limits and the areas of its

extraterritorial jurisdiction (hereinafter referred to as “ETJ” or the “CITY’s ETJ”) within

the COUNTY; and

WHEREAS, the CITY has adopted and is enforcing subdivision regulations

pursuant to TEX. LOCAL GOV’T CODE Subchapter A of Chapter 212 and other statutes

applicable to municipalities; and

WHEREAS, the COUNTY has adopted and is enforcing subdivision regulations

pursuant to TEX. LOCAL GOV’T CODE sections 232.001-232.005 and other statutes

applicable to counties; and

WHEREAS, the COUNTY and the CITY, pursuant to TEX. LOCAL GOV’T CODE

Section 242.001, both enforced their subdivision regulations in the CITY’s ETJ and, in

those situations where the CITY’s regulation conflicted with the COUNTY’s regulation,

the more stringent provisions have prevailed; and

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WHEREAS, the Texas Legislature revised TEX. LOCAL GOV’T CODE Chapter

242 to limit subdivision regulation within the ETJ to one entity; and

WHEREAS, to the extent that the CITY’s execution of this Agreement and

related agreements with other counties in other areas of the CITY’s ETJ, or the CITY’s

adoption, administration or enforcement of ordinances, rules, regulations or plans in

reasonable furtherance of this Agreement or the related agreements results in

requirements or restrictions that are not identical throughout the CITY’s entire ETJ, the

Parties jointly acknowledge that the actions of the CITY are “reasonably taken to fulfill

an obligation mandated by state law” within the meaning of TEX. GOV’T CODE Section

2007.003(b)(4), and are therefore not subject to TEX. GOV’T CODE Chapter 2007; and

WHEREAS, both the COUNTY and the CITY desire to enter into an Interlocal

Cooperation Agreement, pursuant to TEX. GOV’T CODE Section 791.011(a), whereby the

COUNTY and the CITY shall agree upon the terms of said written agreement.

NOW, THEREFORE, the COUNTY and the CITY mutually agree as follows:

I. TERM OF AGREEMENT AND CERTIFICATION

A. The COUNTY and the CITY mutually agree that the term of this Agreement

shall be from the date it is formally and duly executed by both the COUNTY

and the CITY until one year from the date approved by the last governing

body of the CITY or COUNTY. This Agreement shall automatically renew

annually on the anniversary date, unless earlier terminated by mutual

agreement of the Parties.

B. Notwithstanding the foregoing, this Agreement may be terminated by either

Party by giving thirty (30) days’ written notice of intent to terminate this

Agreement to the other Party. Any notice of intent to terminate must be

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delivered by deposit in the United States mail, certified, return receipt

requested, to the other Party at the addresses set out herein. Upon termination

of this Agreement, neither Party shall have any obligations to the other Party

under this Agreement, except with respect to payment for services already

rendered under this Agreement, but not yet paid.

C. The COUNTY and the CITY mutually certify that this Agreement complies

with the requirements of Texas Local Government Code, Chapter 242.

II. COUNTY RESPONSIBILITIES

A. The COUNTY assigns and delegates to the CITY the COUNTY’s authority to

approve subdivision plats within the ETJ of the CITY, pursuant to TEX.

LOCAL GOV’T CODE Section 242.001(d), so that the CITY has exclusive

jurisdiction to regulate subdivision plats in the CITY’s ETJ.

B. The COUNTY Development Services Director shall, within 15 working days

prior to anticipated final approval date, provide the City’s Development

Services staff with written recommendation for approval or disapproval of all

plats for inclusion in the agenda backup prior to final plat approval.

III. CITY RESPONSIBILITIES

A. The CITY shall enforce its subdivision regulations, including review and

approval processes and design and construction standards, within its ETJ.

B. The CITY shall enforce in the ETJ the following Hays County Subdivision

and Development Regulations attached hereto and incorporated as Attachment

“A” (Chapter 701.9, Chapter 701.16, Chapter 715.3, Chapter 721, Chapter

735.5.03 and Hays County Rules for On-site Sewage Facilities Section 10-

A,D, and G). As the development regulations in Exhibit “A” are amended

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from time to time, the County shall provide copies of such amended

regulations to the City. These amended regulations shall be incorporated into

and made a part of this Agreement for all purposes and shall supersede the

conflicting provisions in the attached Exhibit “A.”

C. If the CITY has existing ordinances establishing substantially similar

standards for the subject areas of such COUNTY subdivision regulations, then

the City may opt to apply the City ordinance in lieu of the corresponding

COUNTY Subdivision Regulation. All City subdivision regulations not in

conflict with Attachment “A” may be enforced. For any subdivision

regulations in conflict with Attachment A, the more restrictive regulation will

be enforced. If either Party wishes to propose revisions in the future to

subdivision regulations that apply in the ETJ, the Party will notify the other

Party of the proposed change. The Parties will cooperate in determining the

need for the change and its effect on this Agreement, and will adopt any

change agreed to by official action of their respective governing bodies.

D. For property located in the CITY’s ETJ, the CITY agrees to require

developers to dedicate public right-of-way pursuant to the Hays County

Transportation Plan as currently revised or amended, subject to applicable

constitutional and statutory limitations. For subdivisions in which it appears

to the CITY that a requirement for dedication of right-of-way pursuant to such

Transportation Plan may exceed an applicable constitutional or statutory

limitation, the CITY will notify the COUNTY, and the parties will cooperate

to determine the extent of right-of-way dedication to be required, or an

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alternative method of securing the needed right-of-way. When enforcing

subdivision regulations in the City’s ETJ, the City shall facilitate the County’s

road maintenance program by requiring a road standard no less than the

standards set out in Attachment “A.”

E. The COUNTY expressly delegates to the CITY the authority to require the

preparation of a subdivision plat for the division of any property into two or

more lots as required in TEX. LOCAL GOV’T CODE section 232.001, including

lots larger than five acres except for exempted subdivisions defined in Chapter

705.3.01 of the Hays County Development Regulations.

F. The CITY shall deliver six copies of all plat submittals to the COUNTY for

review, within five working days from the date of receipt.

G. The COUNTY shall provide the CITY with written comments regarding

subdivision plats within five working days from the date of receipt, and

written comments regarding construction plans within ten days from the date

of receipt.The COUNTY shall provide the CITY with any written comments

within five working days from the date of receipt.

H. The CITY shall include written recommendation from COUNTY

Development Services Director in agenda backup for final plat approval.

I. The CITY shall require a signature block for the current COUNTY

Development Services Department Director authorizing the filing of the plat

under this agreement.

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J. The CITY shall deliver two copies of all recorded plats for subdivisions

within the CITY’s ETJ to the COUNTY within five working days of the

recording of the subdivision plat.

K. The CITY shall also provide to the COUNTY a digital file of each subdivision

plat compliant with the currently adopted Hays County Digital Data

Submission Standards.

L. The CITY shall confer and come to agreement with the Hays County 911

Addressing Division concerning street names prior to final plat approval.

M. The CITY shall allow COUNTY inspectors access to road construction sites

of subdivisions within the ETJ and the CITY shall timely submit copies of all

road design materials and road construction test results to the COUNTY

during road construction. COUNTY inspectors shall have inspection and

approval authority over the road construction, stormwater drainage

construction, and water and wastewater facility construction within the right-

of-way and easements. However, COUNY inspectors may, from time to time,

collaborate with CITY inspectors and delegate to CITY inspectors specific

inspections duties related to road construction, stormwater drainage

construction, and/or water and wastewater facility construction within the

right-of-way and easements, specifically properties contiguous to the City of

Kyle city limits. The COUNTY may request that the CITY issue a stop-

work notice if, in the COUNTY’S opinion, applicable construction standards

are not being met.

N. Prior to acceptance of new streets or other public improvements in a

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subdivision, the CITY shall require of the applicant/developer a Certificate of

Deposit, a Letter of Credit, or a warranty or cash bond as required by the

Subdivision and Development Regulations of Hays County, payable to Hays

County, which shall be binding and in effect for two (2) years from the date of

acceptance of the streets and improvements. The CITY shall require the

applicant/developer to be responsible for maintenance of the streets and

improvements as also required by the Hay County Subdivision and

Development Regulations. The CITY shall also require the

applicant/developer to post a utility bond or other improvements bond,

payable to the CITY, if required by the subdivision regulations of the CITY.

O. The CITY shall collect and forward to the COUNTY all COUNTY

subdivision fees as presently authorized or amended by the COUNTY, for

services to be performed by the COUNTY. The CITY shall have the right to

charge applicants/developers reasonable fees, sufficient to cover the full cost

of services provided by the CITY under this Agreement and otherwise in the

administration of regulations that apply to subdivisions in the CITY’s ETJ. In

addition to the City’s fees and in consideration of the County’s performance

under this Agreement, the City shall collect a $320.00 per-lot fee for every

subdivision subject to this Agreement. Subject to other taxes, fees, fines and

penalties permitted by law, said $320.00 per-lot fee shall be forwarded to the

County and shall constitute full and complete compensation for County

services under this Agreement.

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P. If a fee, Certificate of Deposit, Letter of Credit, warranty or bond is to be

forwarded to Hays County in accordance with this Agreement, the City shall

promptly forward the fee, Certificate of Deposit, Letter of Credit, warranty or

bond to Ms. Roxie McInnis (or her successor), Hays County Development

Services Department, P.O. Box 1006, San Marcos, Texas 78667-1006.

Physical address 2171 Yarrington Road.

Q. The CITY agrees to collaborate with the COUNTY regarding the

interpretation of any rule or regulation delegated by the COUNTY under this

agreement. Such collaboration may result in the grant of a variance on a case-

by-case basis. However, the CITY shall not grant a variance to a COUNTY

regulation without the consent of the COUNTY.

R. As an attachment to this Agreement, the CITY shall provide a current map

and digital drawing file defining the legal boundaries of its corporate limits

and areas of ETJ. The CITY shall notify the COUNTY of any changes to the

CITY’s ETJ within 10 days of the effective date of the change, and the area

covered by this agreement shall be described by a metes and bounds

description and accompanied by an updated digital drawing file. Notice shall

be provided by letter according to Section IV. C, below. A change in the

area covered by this Agreement shall not, however, affect any rights accrued

under TEX. LOCAL GOV’T CODE Chapter 245 prior to the effective date of the

change.

S. The CITY shall submit for review by the COUNTY facility planning reports

supporting the proposed subdivision as required in 30 TAC Chapter 285.

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mailto:according

T. The CITY shall review floodplain drainage analyses of FEMA regulated

floodplains that are submitted in connection with proposed subdivision plats

for compliance with Chapter 735 of the Hays County Development

Regulations.

IV. GENERAL PROVISIONS

A. General Administration: Administering this Agreement and the contact

person for the COUNTY shall be the Hays County Director of Development

Services, or his/her representative. Administering this Agreement and the

contact person and representative for the CITY shall be the CITY Manager, or

his/her designee. The City hereby designates the Planning Director with

authority over the City’s subdivision planning staff as the designee for

purposes of this Agreement.

B. Alteration, Amendment or Modification: This Agreement may not be

altered, amended, or modified except in a subsequent writing signed by all

Parties to this Agreement. No official, agent, employee, or representative of

either the COUNTY or the CITY has the authority to alter, amend, or modify

the terms of this Agreement, except in accordance with express authority as

may be respectively granted by either the Hays County Commissioners Court

or the CITY.

C. Notice: All notices sent pursuant to this Agreement shall be in writing and

must be sent by registered or certified mail, postage prepaid, return receipt

requested.

(a) Notices sent pursuant to this Agreement shall be sent to the Hays

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County Subdivision Coordinator’s Office at the following address:

Ms. Roxie McInnis (or her successors) Hays County Development Services, P.O. Box 1006 San Marcos, Texas 78667-1006

(b) Notices sent pursuant to this Agreement may be delivered or sent to

the CITY at the following address:

Mr. Lanny S. Lambert. (or his successor) City Manager City of Kyle PO BOX 40

Kyle , TX 78666

(c) To be effective, a copy of any notices sent to the COUNTY shall be

sent to the Special Counsel’s Office at the following address:

Mark Driscol Kennedy (or his successor) A.D.A. – Chief – Civil Division Hays County, Texas 712 South Stagecoach Trail, Suite 2057 San Marcos, TX 78666

(d) To be effective, a copy of any notice sent to the CITY shall be sent to the CITY Attorney at the following address:

Frank J. Garza City Attorney

Davidson, Troilo, Ream & Garza, PC 7550 IH 10 West, Suite 800

San Antonio, Texas 78229

(e) When notices sent pursuant to this Agreement are mailed by registered

or certified mail, delivery of notice shall be deemed effective three (3)

working days after deposit in a U.S. mail box or at a U.S. post office.

D. Severability: If any provision of this Agreement is found to be invalid,

illegal, or unenforceable, such invalidity, illegality, or unenforceability shall

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not affect the remaining provisions of this Agreement.

E. Breach: The failure of either Party to comply with the terms and conditions

of this Agreement shall constitute a breach of this Agreement. Either Party

shall be entitled to any and all rights and remedies allowed under Texas law

for any breach of this Agreement by the other Party.

F. Non-Waiver: The waiver by either Party of a breach of this Agreement shall

not constitute a continuing waiver of such breach or of a subsequent breach of

the same or a different provision. Nothing in this Agreement is intended by

either Party to constitute a waiver of any immunity from suit or liability to

which it is entitled under applicable law.

G. Entire Agreement; Third Parties: This Agreement constitutes the entire

agreement between the COUNTY and the CITY. No other agreement,

statement, or promise relating to the subject matter of this Agreement and

which is not contained in this Agreement or incorporated by reference in this

Agreement shall be valid or binding. This Agreement is not intended to confer

any rights on any third parties, and it shall not be construed as conferring any

rights on any third parties.

H. Terms used in Document: As used in this document, the terms

“Interlocal Cooperation Agreement”, “Interlocal Agreement”, “Agreement”,

and “Contract” are synonymous.

I. Non-Defined Terms: If not specifically defined in this Agreement, words

and phrases used in this Agreement shall have their ordinary meaning as

defined by common usage.

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EXECUTED THIS ________ day of __________________________________, 2012.

HAYS COUNTY

By: ______________________________________ HONORABLE JUDGE BERT COBB, M.D. HAYS COUNTY JUDGE

ATTEST: ____________________________________ DATE: ________________ LIZ Q. GONZALEZ, HAYS COUNTY CLERK

EXECUTED THIS ________ day of ___________________________________, 2012. CITY OF KYLE By: ___________________________________ LANNY S. LAMBERT ., CITY MANAGER

ATTEST: ____________________________________ DATE: ________________ AMELIA SANCHEZ, CITY CLERK

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CHAPTER 701 - DEVELOPMENT REGULATIONS IN GENERAL

Sub-Chapter 9 - General Public Notice Requirements §9.01. Communication with Precinct Commissioner

Where individual Chapters of these Regulations require communication or contact with the Precinct Commissioner, the Applicant or the Applicant’s authorized agent is required to contact the Commissioner(s) in whose precinct(s) the proposed development is located prior to the submission of the Application. This contact or communication shall consist of either written communication or a personal visit by the Applicant or the Applicant’s authorized agent. The Commissioner shall establish and make available to the public a copy of contact procedures for this purpose. Commissioners may delegate contact and communication responsibilities to one or more members of their staff. If the Commissioner requests a personal visit in response to receiving written communication, the Applicant or the Applicant’s authorized agent shall arrange a personal visit with the Commissioner or the Commissioner’s designee at a mutually agreeable time and place. The purpose of this personal visit shall be for the Applicant to inform the Commissioner about the project and for the Commissioner to present to the Applicant any constraints or concerns associated with the project. Documentation of contact or communication with the Commissioner, including the personal visit, if requested, shall be furnished to the County in conjunction with an Application.

§9.02. Notice Required

Where individual Chapters of these Regulations require notice, the Applicant is responsible for accomplishing such notice regarding the Application or any action thereon, including any costs associated with such notice. Where the requirements of state or federal law dictate that the County actually accomplish such notice associated with an Application or any action thereon, the Applicant shall be responsible for the payment of fees and charges established by the Commissioners Court to cover the cost of such notice.

§9.03. Documentation

Where individual Chapters of these Regulations require notice, the Applicant is responsible for furnishing documentation to the County confirming that such notice was accomplished. Specific documentation requirements shall be established by the Department for each type of notice required under these Regulations.

§9.04. Posted Notice

Where individual Chapters of these Regulations require posted notice, the Applicant shall be required to notify the public upon the determination by the Department that an Application for a Development Authorization is Administratively Complete. This notice shall be accomplished through posting signs at the Subject Property. Where Posted Notice is required, no exemptions from these requirements shall be allowed. The following requirements apply to Posted Notice, where required:

(A) Within two (2) working days of receipt of notice from the Department that an Application filed with the County has been determined to be Administratively Complete, the Applicant shall install public notice signs on the Subject Property. Signs shall remain in place on the Subject Property until a final decision is rendered on the Application by the

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Commissioners Court or until such time as the Application is withdrawn, if the application is withdrawn.

(B) Signs shall be placed within twenty (20) feet of all property boundaries fronting on a public roadway. Where the length of the boundary fronting on a public roadway exceeds one thousand feet, the signs shall be spaced no further than one-thousand feet apart. At least one sign shall be placed along each public roadway fronting the property. The Applicant shall ensure that the view of the signs is not obstructed by objects on the Subject Property and that the signs are placed where there is an unobstructed view of the signs from the public roadway. Signs are not required to be placed along property boundaries that do not front on a public roadway.

(C) The signs shall contain the specific text required by the individual Chapter that includes the posted notice requirement. The Department shall develop and make available to the public standard language to be used for each type of posted notice required under these Regulations.

(D) The signs shall be a minimum size of four feet by four feet, with the bottom of the sign placed at least two feet above ground level. The background of the sign shall be white. The heading on the sign shall be red letters at least three inches high, with the remaining text black letters at least 1-1/2 inches high. The sign shall also contain the reference number that is used by the Department to track the Application for which the posted notice is required. The Department shall develop and make available to the public specific signage criteria and shall make available examples of signs for each type of posted notice required under these Regulations.

(E) The signs shall be constructed of materials that are sufficiently durable to ensure the sign remains in place and legible during the entire period that posting is required.

(F) The Department may also, utilizing any procurement process authorized under State law, designate one or more approved vendors from whom Applicants may purchase signage to comply with these Regulations.

(G) Signs may also be supplied by Applicants. The Department is authorized to require review by the Department of any signs supplied by the Applicant. The Department may require that such signs supplied by the Applicant be replaced, at the Applicant’s expense, if the Department determines that the signs supplied by the Applicant do not strictly conform to the requirements of these Regulations and published Department criteria.

(H) It shall be the responsibility of the Applicant to submit documentation to the Department that the signs have been properly installed and to periodically check sign locations to verify that signs remain in place and have not been vandalized or removed. The Applicant shall immediately notify the County of any missing or defective signs. It is unlawful for a person to alter any notification sign or to remove it while the case is pending; however, any removal or alteration that is beyond the control of the Applicant shall not constitute a failure to meet notification requirements. If signs are removed, damaged or become illegible, the Applicant shall replace the signs within three (3) working days.

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§9.05. Written Notice for Political Subdivisions and Contiguous Properties

Where individual Chapters of these Regulations require written notice, the Applicant shall be required to notify affected political subdivisions and the owners of Contiguous Properties through written notice. The following provisions apply to Written Notice, where required:

(A) The written notice must include a map clearly showing the boundaries and general location of the proposed development and major roadways in the vicinity.

(B) The written notice must include a general description of the nature of the proposed development, including identification of the Applicant and the Permittee and a general description of the nature of the activities for which approval is being requested.

(C) The written notice must also include any additional information required by the individual Chapter that includes the written notice requirement.

(D) The Applicant shall forward copies of any written notice to any other parties to the application, including the Permittee and/or the owners of the Subject Property.

§9.06. Identification of Affected Political Subdivisions

Where written notice is required to be submitted to an affected political subdivision, as part of its technical review of a completed application the Department shall identify all political subdivisions affected by the Application for which it has available records. The list of affected political subdivisions shall at a minimum include any political subdivision within whose boundaries the Subject Property is located. If the Subject Property is not located within the boundaries of an emergency services or management district, a school district, a water utility district, or a wastewater utility district, the nearest such district shall be included in the list of affected political subdivisions. The address for notice purposes for each affected political subdivision shall be the address furnished by the Department to the Applicant.

§9.07. Identification of Contiguous Property Owners

Where written notice is required to be submitted to owners of Contiguous Property, the applicant shall identify all owners of Contiguous Property that are not parties to the Application. The identified owners for the Contiguous Properties shall be those owners on file with the Hays Central Appraisal District (HCAD) within thirty (30) days prior to the date the Application is filed. The address of the identified owners for notice purposes shall be the address on file with the HCAD.

§9.08. Delivery of Written Notice

The following requirements apply to the delivery of Written Notice, where required:

(A) The person may deliver the written notice in person, by express courier or by depositing the notice with the United States Postal Service (USPS), postage paid. Personal delivery and delivery by express courier shall be confirmed by a written acknowledgement of receipt by the party to whom the written notice was delivered or their authorized agent. Mailed notice deposited with the USPS shall be sent certified with return receipt requested. Mailed notice may be confirmed by the receipt returned by the USPS. In instances where the person to receive Written Notice has requested that the person making the Written Notice submit such Written Notice via electronic media, the person making such Written Notice may deliver that notice via electronic media. All instances

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of Written Notice delivered via electronic media must be confirmed in writing or by receipt of an affirmative reply from the recipient via electronic media. Nothing in this section shall be construed to require the issuance of Written Notice via electronic media.

(B) Where written notice is required to affected political subdivisions, within ten (10) working days of receipt of notice from the Department that the Application has been determined to be Administratively Complete and the Department’s providing the Applicant with a list of affected political subdivisions, the Applicant shall provide written notice of the proposed development to each of the affected political subdivisions.

(C) Where written notice is required to owners of Contiguous Properties, within ten (10) working days of the filing of the application, the Applicant shall provide written notice of the Application to each of the owners of Contiguous Property that are not parties to the Application.

(D) Within ten days of providing such written notice under these Regulations, the Applicant shall provide copies of the notification and proof of notice delivery to the Department.

§9.09. Published Notice

Unless otherwise required under individual chapters, where published notice is required, it shall be accomplished in a newspaper of general circulation in the County at least two (2) times. For published notice of Applications, such notice shall be published within thirty (30) calendar days of filing the Application. For published notice of the consideration of action on any aspect of an Application, such notice shall be published during the period beginning on the 30th calendar day and ending on the 7th calendar day prior to such consideration. To document publication of the required notice, the person having such notice published shall submit an original, signed publisher’s affidavit demonstrating actual publication.

§9.10. Review of Public Notice by the County

The County may review any and all procedures used by the Applicant or others to accomplish public notice under these Regulations. The County shall require additional public notice for any public notice deemed by the County as not in compliance with these Regulations. The County may suspend the processing of any application for which the County determines that public notice was not accomplished in substantial compliance with these Regulations. The Applicant or Permittee shall be responsible for the costs of such additional public notice required as a result of failing to publish notice in substantial compliance with these Regulations.

§9.11. Additional Public Notice by the County

Where these regulations require notice, the County may accomplish additional public notice of any Application or pending action on such Application using whatever means it may deem appropriate and as required by federal, state or local law. Any such costs for this additional public notice shall be the responsibility of the County. Additional public notice by the County may include, but is not limited to, posting notice on the Commissioners Court agenda, posting notice in conjunction with other posted notices at County facilities, posting on any electronic medium maintained or used by the County, or inclusion of such notice in any announcement or communication performed by the County. Except where required by law, such additional public notice by the County will be at the discretion of the Commissioners Court. The Department shall also distribute all written and published public notice required under these Regulations to those

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persons on the Department maintained public distribution list in accordance with Subchapter 10 of this Chapter.

Sub-Chapter 16 - Coordination with “911” Addressing System This subchapter shall govern the coordination required with the “911” Addressing System prior to issuance of a Development Authorization by the County.

§16.01. Communication with County “911” Coordinator

Prior to submitting an Application, the Applicant or the Applicant’s authorized agent is required to contact the County “911” Coordinator to confirm the suitability of the naming and designation of proposed roadways and to establish procedures for identifying the “911” addresses for the subdivision. Applications for subdivisions must confirm the suitability of the name and designations in conjunction with the Preliminary Plan.

§16.02. Additional Coordination

The County “911” Coordinator may require the Applicant to coordinate “911” addressing information with the Hays County Sheriff, municipal police and fire departments, emergency services districts (ESDs) and any other emergency response agencies authorized to operate in the County whose response might be requested during an emergency.


Prior to the issuance of a Development Authorization by the County, the Applicant shall submit evidence of approval by the County “911” Coordinator for the following:

(A) The proposed names or designations for new roadways, shared access easements or shared access driveways associated with any Application to the County for a Development Authorization. The County “911” Coordinator is hereby authorized to withhold approval of names or designations that the coordinator determines are very similar to existing names or designations or which may otherwise contribute to confusion in names or designations in a way that may hinder emergency response.

(1) When names or designations are allowed to change on a continuous street, street signs must be placed in a clear and unambiguous manner, so as not the hinder emergency response.

(B) If “911” addresses have not previously been established for the proposed development, in conjunction with the final Development Authorization, the County shall establish a “911” address for each lot or component of the development served by a Regulated Roadway, shared access easement or shared access driveway associated with that development. If the development plan includes multiple habitable structures located on the same lot (e.g. a multi-unit residential housing unit, a Manufactured Home Rental Community, a multi-unit commercial development, etc.), a “911” address shall be established for each habitable structure. The “911” addresses shall be established by the County “911” Coordinator.

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CHAPTER 715 - WATER AND WASTEWATER AVAILABILITY

Sub-Chapter 3 - Water Availability §3.01. Applicability

The following developments are exempted from the requirements to certify water availability under these Regulations. The County encourages exempted developments to comply with these Regulations.

(A) Exempted subdivisions as defined under §701.3.01.

(B) Exempted Manufactured Home Rental Communities as defined under §745.2.01.

(C) The following categories of non-exempt subdivisions are not required to demonstrate water availability, subject to the inclusion of a plat note prohibiting further non-exempt subdivision or re-subdivision for a period of five (5) years following the filing of the Final Plat:

(1) All non-exempt subdivisions of five (5) lots or less in which all lots average at least two (2) acres.

(2) All subdivisions of ten (10) lots or less in which all lots are larger than ten (10) acres.

§3.02. Items Common to All Water Availability Demonstrations

The following items shall be addressed in all water availability demonstrations prepared under these regulations, regardless of the source(s) utilized:

(A) An estimate of the amount of water demand throughout all phases of development supported by engineering calculations based on the anticipated timetable for full build-out, including a statement describing the level of fire protection afforded to the proposed phase(s) of the development;

(B) A statement as to whether there are plans for alternative or backup water service; if so, an identification of the alternative or backup water source;

(C) A description of any anticipated new water facility improvements required to serve the development;

(D) A map showing the proposed location of all water facilities throughout all phases of development as well as the proposed water service area, including any TCEQ-approved service area boundaries of a water service provider operating under a Certificate of Convenience and Necessity (CCN) within the boundaries of the proposed subdivision;

(E) An estimated timetable for completion of all facilities; and,

(F) Based on the information available at the time the application is submitted, the anticipated owner(s) and operator(s) of all water facilities throughout all phases of development shall be identified and included in the application.

§3.03. Notification for All Developments Utilizing Local Groundwater

This Subchapter addresses the requirements that Subdivisions and Manufactured Home Rental Communities must meet to demonstrate water availability using Local Groundwater for the purposes of obtaining a Development Authorization from the County. These Regulations do not

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include the details for requirements on the withdrawal and use of groundwater that may originate from the regulations other entities. The public is hereby notified that portions of Hays County are within the jurisdiction of other governmental entities, including Groundwater Conservation Districts and the Edwards Aquifer Authority, which regulate the withdrawal and use of groundwater under direct authority from the State of Texas, independent from the authority of Hays County. Within their statutory authority, these other governmental entities may impose requirements in addition to those contained in these Regulations. The Department shall cause to be included in any Development Authorizations issued under these Regulations a notice that valid limitations imposed by these other authorized entities are incorporated as a special provision into the terms of the County’s Development Authorization and may be enforced as such by the County. The Department shall also develop and publish requirements for incorporating into the Record Documents notice of the requirements of these other governmental entities.

Where applicable federal, state or local statutes require Applicants to submit water availability certifications to other governmental entities, the Applicant shall document compliance with these requirements. Where the Department is made aware of applicable regulations of other entities, the Department shall process any Application as requesting a variance where that Application is determined to not be in compliance with such other regulations. It is the intention of these Regulations that all Applications be processed, to the extent authorized under State law, to not conflict with Groundwater Management Area planning efforts, established sustainable yields, desired future conditions, and managed available groundwater volumes.

§3.04. Procedures for Department Coordination with the Applicable Groundwater Conservation District

For all water availability demonstrations which rely in whole or in part on Local Groundwater, the Department shall ensure that a copy of the water availability demonstration is submitted to the applicable groundwater conservation district(s) [GCD] for review and comment. Where the Applicant is required to make such a submittal under §715.3.03, the Department shall forward to the GCD within ten (10) working days of receipt, a written request for review and comment on the portion of the availability demonstration relying on Local Groundwater. Where such submittal to the GCD is not otherwise required by the Applicant, the Department shall forward the information to the GCD within ten (10) working days of receipt, with a written request for review and comment on the portion of the availability demonstration relying on Local Groundwater. If the Department has not received written comments from the GCD within fifteen (15) working days, the GCD shall be considered as having waived the opportunity for review and comment on the availability demonstration. The Department shall consider all comments received from the GCD and may request such additional information from the Applicant as the Department deems appropriate in response to these comments. The Department shall include a summary of any comments timely received from the applicable GCD in any report made to the Commissioners Court on an Application. If the County has adopted a Memorandum of Understanding (MOU) with any GCD, the Department shall follow the procedures outlined in the MOU.

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§3.05. Water Availability Demonstrations Using Individual Private Water Wells Producing Local Groundwater

In addition to the requirements outlined in §715.3.02, Applicants requesting approval to utilize one or more individual private water wells using Local Groundwater to serve the proposed development shall construct at least two wells (one test well and one monitor well). Use of existing wells will be permitted if the wells fully meet these regulations. Well analyses shall be performed by a Texas licensed professional engineer or Texas licensed professional geoscientist, qualified to perform the hydrogeological testing, geophysical well logging and aquifer pump testing. The following information shall be provided to Commissioners Court for each well tested.

(A) Identify the hydrogeologic formation by well driller’s log and approved geophysical logging methods. Provide a map and list of all known wells within 1,000 feet of the proposed subdivision boundaries (or a distance where measurable drawdown effects from the proposed subdivision well are expected). Each well is to be located by latitude and longitude.

(B) The Certification of Groundwater Availability For Platting Form as required by the TCEQ rules on Groundwater Availability Certification for Platting at 30 Tex. Admin. Code Section 230.3. The Department shall require an applicant to submit any engineering calculations, studies or other data supporting the statements contained in the Certification of Groundwater Availability For Platting Form.

Individuals marketing the development shall provide each purchaser or renter with a statement describing the extent to which water and wastewater service will be made available, and how and when such service will be made available.

§3.06. Additional Requirements for Subdivisions Served by Individual Water Wells Producing Local Groundwater in Priority Groundwater Management Areas

Applicants requesting approval to utilize individual private water wells producing Local Groundwater to serve proposed new development in a Priority Groundwater Management Area, as that term is defined by the Texas Commission on Environmental Quality, shall be subject to the following additional requirements:

(A) The person preparing the groundwater availability certification shall document that they obtained available information on historical water levels and known water wells from the applicable Groundwater Conservation District.

(B) The person preparing the groundwater availability certification shall perform a walking receptor survey around the perimeter of the Subject Property to identify the visual location of apparent undocumented water wells and to visually confirm the presence of documented water wells within five hundred (500) feet of the boundaries of the subject property.

(C) The person preparing the groundwater availability certification shall estimate the average annual recharge (per acre) in the vicinity of the Subject Property using a Groundwater Availability Model (GAM) reviewed and approved by the Texas Water Development Board.

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(D) The person preparing the groundwater availability certification shall utilize the estimated annual average recharge rates (developed under §715.3.06.C) to determine the total estimated annual recharge for the footprint area of the Subject Property. The estimated annual recharge for the Subject property shall be compared to the projected annual groundwater withdrawal, to assess whether the projected withdrawal exceeds the estimated recharge. For developments where the projected withdrawal exceeds estimated recharge, the Applicant shall take one or more of the following steps:

(3) Comply with the minimum lot size requirement of 6.00 acres, as presented in Table 705.05.01;

(4) Provide a supplemental demonstration of water availability based on an Other Water Supply System and prorate the minimum lot size requirement using 6.00 acres for the percentage provided by Local Groundwater and the otherwise applicable value from Table 705.05.01 for the Other Water Supply System; or,

(5) Subject to the requirements of §715.3.06(F), secure the future development rights for currently undeveloped property in a quantity sufficient to balance the groundwater withdrawal for the Subject Property with overall recharge from the Subject Property and other property, and provide Written Notice, as outlined in Chapter 701, to the owners of all proximate property for which a groundwater well is documented or discovered during the walking receptor survey and the owners of any other documented well within one-quarter mile of the Subject Property, that the projected groundwater use for the proposed development is being offset through the acquisition of additional property. The Department shall make available to the public standardized notice language for this purpose.

(E) For developments where the availability of groundwater is limited to less than the flow required to support fully developed conditions, the Applicant shall include in the Water and Wastewater Service Plan the procedures to be utilized to limit groundwater withdrawal to the certified available quantity.

(F) Property outside the Subject Property that is used for the purpose of balancing the groundwater withdrawal for the Subject Property shall comply with the following conditions:

(6) Eligible additional property must recharge to the same aquifer zone as the Subject Property and be within the same PGMA.

(7) All such additional property shall be subject to a conservation easement or equivalent legal mechanism structured to prohibit in perpetuity its future subdivision or development. The easement or instrument shall be granted to the public and shall be held by the County or other non-profit legal entity recognized by the County as custodian for the County. Such easement or instrument shall be in such form and under such conditions as are acceptable to the County.

(8) For properties located within the jurisdiction of public entities having zoning authority, the Applicant shall provide documentation that the zoning for the additional property is “agricultural”, “open space” or other equivalent zoning that allows little to no development of the additional property.

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(9) The additional property shall either be contiguous to the Subject Property or located within five (5) miles of the Subject Property.

(10) Additional property that is contiguous to the Subject Property may be considered as providing the same recharge as the Subject Property.

(11) Additional property that is not contiguous but is located within five (5) miles of the Subject Property shall be considered as providing seventy five percent (75%) of the recharge provided by the Subject Property.

(12) In instances where the Applicant proposes to secure the development rights from a property (the originating property) that is outside the jurisdiction of the County and within the jurisdiction of one or more local governmental entities, the Applicant must provide documentation of the written approval of the transfer from each such local governmental entity with jurisdiction over the originating property.

§3.07. Water Availability Demonstrations Utilizing a new TCEQ public water supply system:

In addition to the requirements outlined in §715.3.02, Applicants proposing to serve a development through a new public water supply system shall include the following information in the Water and Wastewater Service Plan:

(A) If water service is to be provided by a municipal utility district or other special purpose district that has not been created as of the filing of the Preliminary Plan, a detailed description of the proposed district boundaries, a timetable for creation of the district, and identification of the proposed organization of the district.

(B) Prior to the final approval of the development (e.g. the final plat or the Infrastructure Development Plan), the Applicant shall supply a letter to the Department from the water service provider certifying that they have the authority to provide water service; that there will be sufficient capacity to serve all phases of the proposed development; and that all required agreements have been executed.

(C) Within ten (10) working days of receiving this supply letter, the Department shall notify in writing all governmental entities which the Department has record of having jurisdiction over any aspect of water supply to the proposed development requesting their comments on the letter. In instances where the water service provider does not own or otherwise control the source(s) of supply, the Department may require that the Applicant obtain supporting documentation certifying the availability of adequate supply from the actual water supply source(s) in addition to the information required to be provided by the water service provider. The Department shall include in any Development Authorization a Special Provision recognizing the requirements of any other governmental entity with established jurisdiction over the proposed development. Any disputes between the Applicant, water service provider and other governmental jurisdictions shall be heard by the Commissioners Court.

(D) For developments within the jurisdiction of a Groundwater Conservation District that utilize groundwater in their demonstration, a formal groundwater availability analysis, in accordance with 30 TAC 230, shall be completed, along with a statement acknowledging that all applicable requirements of the GCD will be met.

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§3.08. Water Availability Demonstrations Utilizing an existing TCEQ-permitted public water supply:

If wholesale or retail water service is to be provided by an existing water utility or other existing water service provider, an applicant shall submit a written statement from the existing provider containing the following:

(A) A description of the authority of the existing provider to serve the proposed phase of development.

(B) A statement as to whether the existing provider has available capacity to serve the proposed phase of development, including a statement describing the level of fire protection afforded to the proposed phase(s) of the development.

(C) A description of the type of water service to be provided (wholesale or retail) and a timetable for the providing of such service to the proposed development.

(D) Identification of any anticipated water supply or service agreements that will need to be executed prior to the provision of service.

(E) Prior to the final approval of the development (e.g. the final plat or the Infrastructure Development Plan), the applicant shall supply a letter to the Department from the utility provider certifying that they have the authority to provide water service; that there will be sufficient capacity to serve all phases of the proposed development; and that all required agreements have been executed.

(F) Within ten (10) working days of receiving this supply letter, the Department shall notify in writing all governmental entities which the Department has record of having jurisdiction over any aspect of water supply to the proposed development requesting their comments on the letter. In instances where the water service provider does not own or otherwise control the source(s) of supply, the Department may require that the Applicant obtain supporting documentation certifying the availability of adequate supply from the actual water supply source(s) in addition to the information required to be provided by the water service provider. The Department shall include in any Development Authorization a Special Provision recognizing the requirements of any other governmental entity with established jurisdiction over the proposed development. Any disputes between the Applicant, water service provider and other governmental jurisdictions shall be heard by the Commissioners Court.

§3.09. Water Availability Demonstrations Utilizing Rainwater Harvesting

In addition to the requirements outlined in §715.3.02, Applicants proposing to serve a development through rainwater harvesting shall include the following information in the Water and Wastewater Service Plan:

(A) Estimates of the water availability from rainwater harvesting shall be based upon the “The Texas Manual on Rainwater Harvesting”, published by the Texas Water Development Board, or other industry standard sources acceptable to the Department.

(B) Water demand estimates for demonstrations involving rainwater harvesting, including demonstrations utilizing multiple water sources, may not be lower than the largest value of the following:

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(13) The maximum water usage rates for “water conserving households” identified by the American Water Works Association, “Residential End Uses of Water”;

(14) A total of forty five (45) gallons per person per day;

(15) A total of one hundred fifty (150) gallons per dwelling unit per day.

(C) The Water and Wastewater Service Plan shall include a standardized design for a rainwater harvesting system, prepared by a Texas licensed professional engineer, using design parameters applicable to the location of the Subject Property. This standardized design shall be based on a prototype representative of actual conditions anticipated to be present in the proposed development, including typical structure sizes and materials of construction. The standardized design shall include schematic plans, drawings and descriptions for the various component parts of the prototype system, and shall include any minimum requirements (e.g. minimum storage tank sizes) and appropriate adjustment factors to be used for each component to account for the range of differing sizes and configurations of structures anticipated to be present in the proposed development.

(D) The Water and Wastewater Service Plan shall include a standardized operations and maintenance plan for a rainwater harvesting system, prepared by a Texas licensed professional engineer. This operating and maintenance plan shall be based on the prototypical design and shall describe in detail the operating and maintenance requirements for each component of the prototypical rainwater harvesting system.

(E) The Water and Wastewater Service Plan shall clearly identify any water conservation measures and use limitations used in estimating the water demand and shall include the provisions to be utilized to ensure that the end users of the rainwater harvesting systems are aware of the need to follow these restrictions.

(F) Where rainwater harvesting constitutes the sole source of water supply for the development, the Applicant shall incorporate sufficient restrictions (including deed restrictions and plat notes) into the development documents to ensure that subsequent owners or users of the property do not install or utilize groundwater wells, until an updated water availability demonstration is approved documenting sufficient groundwater is available.

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CHAPTER 721 - ROADWAY STANDARDS

Sub-Chapter 1 - Applicability §1.01. Applicability

This Chapter shall govern the following items related to Regulated Roadways within the County:

(A) The design and construction of all Regulated Roadways as defined in Chapter 701.

(B) The minimum roadway widths and building set back lines for Regulated Roadways.

§1.02. Legal Authority

Legal Authority for adopting and enforcing the regulations in this Chapter is granted to the County under TLGC in Chapters 231, 232 and 234, and under the Texas Transportation Code (TTC) Chapters 251, 286 and 545.


Approval of the Commissioners Court is required prior acceptance by the County of Regulated Roadways. Separate approval is required under Chapter 751 for any use of existing County facilities, including roadway rights-of-way, which are not part of the Application for a Development Authorization.

Sub-Chapter 2 - Roadway Classifications §2.01. Basis for Classification

Regulated Roadways shall be classified based on the criteria established in “A Policy on Geometric Design of Highways and Streets”, latest edition, as developed by the American Association of State Highway and Transportation Officials (AASHTO). For the purposes of these Regulations, regulated roadways shall be designed to handle the average daily traffic (ADT) estimated to occur for a period of twenty (20) years following completion of construction of the roadway, with the pavement sections and widths required to accommodate the design ADT at the applicable speed limits adopted by the County. At a minimum, pavement sections and widths shall conform to the suggested minimum requirements established by AASHTO for the specified classification of roadway. Roadways shall also be classified under TTC Chapter 251. Roadway classification information is included in Table 721.02.

§2.02. Country Lane

A Country Lane shall be a one or two lane paved roadway, without improved shoulders, and considered a Special Purpose Road with a design capacity of up to 100 ADT in accordance with AASHTO design standards, and third-class roadways in accordance with TTC Chapter 251.

§2.03. Local Roadway

A Local Roadway shall be a two lane paved roadway, with improved shoulders or curb and gutter, and considered a Local Rural Road with a design capacity of between 101 and 1,000 ADT in accordance with AASHTO design standards, and third-class roadways in accordance with TTC Chapter 251.

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§2.04. Urbanized Local Roadway

An Urbanized Local Roadway shall be a two lane paved roadway, with improved shoulders or curb and gutter, and considered a Special Purpose Road with a design capacity of up to 1,000 ADT in accordance with AASHTO design standards and third-class roadways in accordance with TTC Chapter 251.

§2.05. Minor Collector

A Minor Collector shall be a two lane paved roadway, with improved shoulders or curb and gutter, and considered a Rural Collector with a design capacity of 1,001 to 2,500 ADT in accordance with AASHTO design standards, and may be either second-class or third-class roadways in accordance with TTC Chapter 251.

§2.06. Major Collector

A Major Collector shall be a two lane or larger paved roadway, with improved shoulders or curb and gutter, and considered a Rural Collector with a design capacity of 2,501 to 5,000 ADT in accordance with AASHTO design standards, and may be either first-class or second-class roadways in accordance with TTC Chapter 251.

§2.07. Minor Arterial

A Minor Arterial shall be a two lane or larger paved roadway, with improved shoulders or curb and gutter, and considered a Rural Arterial with a design capacity of 5,001 to 15,000 ADT in accordance with AASHTO design standards, and may be either second-class or third-class roadways in accordance with TTC Chapter 251.

§2.08. Major Arterial

A Major Arterial shall be a two lane or larger paved roadway, with improved shoulders or curb and gutter, and considered a Rural Arterial with a design capacity of greater than 15,000 ADT in accordance with AASHTO design standards, and may be either first-class or second-class roadways in accordance with TTC Chapter 251.

Sub-Chapter 3 - Public Roadways §3.01. Dedication to Public

Any dedication of a roadway to the County for public use shall be accomplished using one of the methods allowed under Chapter 701, Subchapter 11. No dedication shall be effective until the record document is recorded. In no event shall any private lot extend into a dedicated public roadway.

§3.02. Publicly Maintained and Dedicated Roadways

Roadways dedicated to the public (Public Roadways) shall be required in all developments approved under these Regulations, except those satisfying the criteria for private roadways, as set forth below. All such Public Roadways shall be paved and shall be Regulated Roadways designed and constructed in accordance with the specifications set forth in Chapter 721, Subchapter 5. The boundary lines of all subdivision Lots fronting onto a publicly dedicated right-of-way shall be contiguous with the boundary of the right-of-way.

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§3.03. Construction of Public Roadways

Public Roadways shall be considered public infrastructure, subject to the requirements of Chapter 731. Unless interim authorization for construction is obtained under Chapter 731, construction of public roadways shall not commence until such time as a Development Authorization has been issued by the County on an Application filed under these Regulations.

§3.04. Connections to Public Roadways under the Jurisdiction of Other Entities

Certain Regulated Roadways and appurtenances governed by these Regulations may require connection to or construction on or within the right-of-way of public roadways under the jurisdiction of other public entities, including the Texas Department of Transportation (TXDOT), or any other authorized state or federal government entity. All construction and access to these roadways conducted in conjunction with a development authorized under these Regulations shall comply with the requirements of the entity having jurisdiction over the affected public roadway.

Sub-Chapter 4 - Private Roadways §4.01. General Requirements for Private Roadways

All private roadways qualifying as Regulated Roadways (Regulated Private Roadways) shall be designed and constructed in accordance with the standards in Chapter 721, Subchapter 5 for Public Roadways. All Regulated Private Roadways shall have a surface suitable for all-weather access to all portions of the proposed development served by such Regulated Private Roadway.

§4.02. Criteria for Determining Private Roadway Status

Regulated Private Roadways shall be permitted only in conjunction with a development approved under these Regulations if they satisfy each of the following criteria:

(A) The person(s) responsible for the operation and maintenance of the Regulated Private Roadway has executed an agreement with the Commissioners Court acknowledging responsibility for such operation and maintenance;

(B) The executed agreement includes financial assurance, as required by the Commissioners Court; and,

(C) Lots within the development served by the Regulated Private Roadway shall have an average size greater than 5 acres; or.

The Commissioners Court has entered into an approved Development Agreement with the Owner or Permittee regarding the development of a master-planned community of no fewer than fifty (50) residential Lots.

§4.03. General Requirements for Maintenance of Private Roadways

Development Authorizations that include the use of Regulated Private Roadways shall be subject to a maintenance agreement with the County. The person(s) responsible for maintenance under the agreement may be the Owner of the Subject Property, the Permittee, or another person or entity acceptable to the County. The following provisions apply to Regulated Private Roadways:

(A) The following note shall be conspicuously displayed on the Record Documents filed in conjunction with the Development Authorization:

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[Owner], by filing this Record Document, and all future owners of this property, by purchasing such property, acknowledge and agree that Hays County shall have no obligation whatsoever to repair or accept maintenance of the roadways shown on this approved development plan until and unless [Owner] and/or the property occupants or tenants have improved the roadways to the then current standards

required by Hays County and the roadways have been accepted for maintenance by formal, written action of the County Commissioners Court and the roadways, with all required right-of-way and building setbacks, have been dedicated by the owners thereof, and accepted by the County, as public roadways. [Owner] and all

future owners of property within the limits of the approved development plan shall look solely to the [Owner or Entity entering into Maintenance Agreement with the County] for future maintenance and repair of the roadways included in

this development plan; and

(B) Any restrictive covenants establishing a responsibility for roadway operation and maintenance shall be placed on record concurrently with the recording of the Record Documents.

(C) Regulated Private Roadways shall be operated and maintained to allow unrestricted ingress/egress by the occupants of the property and service providers, including emergency services. The maintenance agreement with the County shall include enforcement provisions for Regulated Private Roadways that are not properly operated and maintained.

§4.04. Additional Requirements for Private Roadways to be Maintained by an Association

Concurrently with the filing of an Application for a Development Authorization that will include Regulated Private Roadways, the Applicant shall submit the following:

(A) Ready-for-execution copies of the articles of incorporation and bylaws of the homeowners or property owners association; and,

(B) The minimum annual assessments that will be imposed upon members of the association.

Sub-Chapter 5 - Standards for Regulated Roadways §5.01. Applicability

Regulated Roadways are defined in Chapter 701, and include all roadways associated with an Application for a Development Authorization under these Regulations, including existing public roadways that are being connected or modified to accommodate the effects of a proposed development, new roadways dedicated to the public as part of a Development Authorization, new private roadways, shared access easements, and shared access driveways used for emergency services access as a part of a Development Authorization, and driveways, utilities, storm water management facilities or other facilities within the right-of-way of a Regulated Roadway.

§5.02. Design Requirements

All Regulated Roadways and related improvements shall be designed and installed so as to provide, to the maximum extent feasible, a logical system of utilities, drainage and roadways and

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to permit continuity of improvements to adjacent properties. A Roadway Design Report, prepared by a Texas licensed professional engineer, certifying compliance with these Regulations and other applicable standards shall be prepared and submitted with the Application.

§5.03. Minimum Rights of Way and Building Setbacks

All Regulated Roadways shall comply with the established minimum right-of-way widths and building setback lines based on the roadway classification. Above-grade construction is prohibited within the established building setback lines. Building setback lines apply on each side of a Regulated Roadway. The established minimum right-of-way widths and building setback lines are presented in Table 721.02, below.

§5.04. Design and Construction Standards

(A) The classification and construction standards for all Regulated Roadways shall be determined according to the Average Daily Traffic anticipated for the roadways. The Roadway Design Report shall include estimates of the Average Daily Traffic (ADT) before and after the proposed development. The methodology for estimating ADT shall be based on recognized industry standards, including those utilized by the Texas Department of Transportation (TXDOT) and AASHTO. The post-development ADT shall be based on the maximum number of Lots that would be permitted in the approved development plan.

(B) The geometric requirements for Regulated Roadways shall be identified in the Roadway Design Report and shall be designed to accommodate the design ADT of the roadway. The minimum geometric standards for Regulated Roadways are summarized in Table 721.02.

(C) The design and construction of all Regulated Roadways shall conform to the Hays County Specifications for Paving and Drainage Improvements, as adopted by the Department, and shall include all necessary improvements, including necessary signage and traffic control devices. All signage and traffic control devices shall conform to the “Texas Manual of Uniform Traffic Control Devices,” latest edition, as adopted by TXDOT. Speed bumps are not authorized as traffic control devices on Public Roadways. Pedestrian elements (e.g. sidewalks, crosswalks, access ramps, etc.) for projects in Public Roadways shall comply with the accessibility requirements of the Texas Department of Licensing and Regulation (TDLR), and if required, shall be submitted to TDLR for review and approval.

(D) Incentive for Lots Larger than Five Acres. As an incentive to developers to create lots larger than five acres and to reduce their associated development costs, Country Lane roadways may be constructed, without calculation of the Average Daily Traffic, if all Lots with frontage or access onto the roadway are (i) larger than five acres in size, (ii) restricted by a note on the Record Document limiting development to one single family dwelling unit per Lot and prohibiting TCEQ Regulated Development, and (iii) the application is approved by the Department.

(E) Incentives for Bicycle Paths and Lanes. If portions of a Local Roadway or Minor Collector are set aside and appropriately designated for the use of bicycles (or a separate bike path is constructed parallel to the roadway), then the amount of right-of-way dedicated to such bicycle use shall be credited against the width of required shoulders and

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the Department may reduce the estimated Average Daily Traffic per Lot in determining the design criteria for the roadway served by the bicycle path/lane, in an amount determined appropriate by the Department.

(F) Clearance of Right-of-Way. Upon request by the Owner, the Department shall, to the extent it is safe and prudent to do so, permit preservation of trees of greater than ten inches (10") in diameter, measured one foot from the ground (or the replanting of trees by the Owner), within rights of way of roadways classified as Country Lanes, Local Roadways and Minor Collectors, with greater preservation of trees permitted along roadways with the lower design speed. The Owner shall be responsible for affixing reflectors or other safety devices to any trees preserved within the right-of-way.

§5.05. Access to Regulated Roadways

Except with respect to Lots served by Shared Access Driveways, each Lot shall have the minimum direct frontage onto a Regulated Roadway set forth below and Driveways shall be spaced no closer than the minimum space intervals set forth below, depending on the classification of road onto which the Lot has frontage and the driveway has access. All such driveways shall conform to the Hays County Driveway Specifications, as adopted by the Department.

(A) Incentive for Qualifying Lots. Qualifying Lots will be exempt from the minimum lot frontage and driveway spacing requirements specified above if approved by the Department and Commissioners Court with due regard to safety concerns. A Qualifying Lot is any Lot that (i) is restricted by plat note to development of a single family residence, (ii) has direct access onto a Regulated Roadway and (iii) satisfies the minimum Lot size requirements set forth in these Regulations either through actual lot size or lot size averaging.

(B) Flag Lots. Flag lots shall generally not be permitted, except if approved by the Commissioners Court as consistent with the intent and spirit of these Regulations. The Department shall advise the Commissioners Court if a proposed Lot constitutes a "flag lot" and the Commissioners Court shall, in reviewing all the circumstances, make the final determination.

§5.06. Commercial Driveways

Driveways serving commercial development shall be spaced at the minimum intervals of one hundred fifty feet (150'). Joint-use driveways may be utilized in situations that limit the number of driveway access permits that are issued by either the State of Texas or Hays County to a public roadway, or where safety concerns provide a satisfactory explanation for its use.

§5.07. Shared Access Driveways

Up to one (1) Lot without independent access to a Regulated Roadway may obtain access to a Regulated Roadway by means of a Shared Access Driveway if approved by the Commissioners Court. An additional two (2) Lots having independent access to a Regulated Roadway may also share the use of the Shared Access Driveway. Shared Access Driveways are intended as a means to provide flexibility in the development process, preserve the rural character of the land and avoid excessive infrastructure costs when such costs would provide little or no social benefit. Shared Access Driveways are not intended to serve as a substitute for interior roads. Excessive

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use of Shared Access Driveways will not be permitted. Any application proposing shared access driveways shall also satisfy the following requirements:

(A) A plat note must be conspicuously displayed on the plat stating:

(16) All lots served by a Shared Access Driveway are restricted to one single family residence per lot and if any other Development of a Dwelling Unit occurs on any of the Lots obtaining access through the Shared Access Driveway, then such new Dwelling Unit must be constructed on a separately platted lot with direct frontage onto and physical access to a Regulated Roadway prior to construction of the Dwelling Unit. A duplex will not be considered a single family residence for purposes of this subparagraph.

(17) The owners of the Single Family Residences obtaining access through the Shared Access Driveway shall be solely responsible for all maintenance of the driveway, including maintaining any drainage structures associated with the driveway. The driveway must be maintained at all times in a condition that will permit unencumbered vehicular access by emergency vehicles.

(B) Each of the Lots sharing the use of the Shared Access Driveway shall hold equal, indivisible and unrestricted rights in the Shared Access Driveway, which rights shall be established by recorded easement and the easement shall run with the land of each of the benefited Lots. The easement instrument shall clearly state each Lot's pro rata responsibility with respect to future maintenance or repairs of the Shared Access Driveway.

(C) The Shared Access Driveway shall be no longer than one quarter mile in length and must have a minimum distance of (a) 200 feet from any other driveway entering onto the Regulated Roadway and (b) 500 feet from any other Shared Access Driveway.

(D) The Shared Access Driveway shall have a name or designation approved by the County “911” Coordinator and a separate “911” address shall be established as for each Lot which relies on a Shared Access Driveway for access.

(E) Up to three (3) Lots not having independent access to a Regulated Roadway may share a Shared Access Driveway with up to two (2) Lots having independent access to a Regulated Roadway if all other requirements of this are met and all Lots using or adjacent to the Shared Access Driveway are larger than five acres in size and restricted by Plat note limiting development to one single family residence per Lot and prohibiting TCEQ Regulated Development.

§5.08. Coordination with “911” Addressing System

If not previously established, all Applications for Development Authorization submitted to the County that include a new or altered Regulated Roadway, shared access easement, or a shared access driveway shall obtain approval for the names and/or designations for such roadways, easements or driveways from the County “911” Coordinator, in accordance with Chapter 701, Subchapter 16. The Applicant shall also establish a “911” address for all lots or components of the development served by a Regulated Roadway, shared access easement or shared access driveway associated with that development, in accordance with Chapter 701, Subchapter 16.

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§5.09. Speed Limits for Regulated Roadways

(A) If not previously established, all Applications for Development Authorization submitted to the County that include a new or altered Regulated Roadway, shared access easement, or a shared access driveway shall establish an appropriate maximum speed limit for such roadways, easements or driveways. Such established maximum speed limits shall not be greater than the maximum speed limits authorized under TTC Chapter 545.352 but shall not be less than the lower maximum speed limits authorized under TTC Chapter 545.355 for the specific type of roadway under consideration. For roadways with speed limits that are established at less than the maximum speed limits authorized under TTC Chapter 545.352, the Roadway Design Report shall include an explanation of the reasons for the reduced maximum speed limits.

(B) Speed limits shall not take effect until such time as the County approves and issues the Development Authorization under which those speed limits were established and signage indicating the established speed limit(s) is actually posted along the roadway.

§5.10. Construction Quality Assurance for Regulated Roadways.

The Permittee shall submit document all required inspections and tests at the completion of each phase of construction of the roadway. Construction Quality Assurance testing shall comply with the following:

(A) Tests on all components of the pavement system, including plasticity index, tests for compacted density, depth of base, distribution of asphalt, and other quality assurance tests required by the County’s adopted roadway construction specifications.

(B) It is the responsibility of the Permittee to coordinate all inspections and laboratory tests with the Department and not to proceed with construction until proper inspections and tests have been obtained.

(C) Any laboratory tests and test holes shall be at the expense of the Permittee.

(D) In no event will any subsequent component be placed on the roadway until the underlying components have been approved in writing by the Department.

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Table 721.01 – Design Requirements Based on Roadway Classification

Functional Classification

Country Lane

Local Roadway

Urbanized Local Roadway

Minor Collector

Major Collector

Minor Arterial

Major Arterial

AASHTO Classification

Special Purpose

Local Rural

Special Purpose

Rural Collector

Rural Collector

Rural Arterial

Rural/Urban Arterial

Average Daily Traffic (ADT - one way trips*)

Not more than 100

101-1000

Not more than 1000 1001-

2500 2501-5000

5001-15000

More than 15,000

Design Speed (mph) 25 mph 25 mph 25 mph 35 mph 45 mph 55mph **

No. of Travel Lanes 2 2 2 2 2 4 **

Turn Lanes No No No No ** ** **

Min. ROW Width (ft) 50 60 40 60 80 100 **

Building Setback (ft) 10 25 10 25 50 50 50

Width of Travelway (ft) 18 20

18 22 24 48 **

Width of Shoulders (ft) 2 4

2 5 6 8 **

Minimum Centerline Radius (ft) 200 300 200 375 675 975 **

Min. Tangent Length between Reverse or Compound Curves (ft) 50 100 50 150 300 500 **

Min. Radius for Edge of Pavement at Intersections (ft)

25 25 25 25 25 25 **

Intersection Street Angle Range

80-100 80-100 80-100 80-100 80-100 80-100 **

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(degrees)

Max. Grade (%): 11 11 10 10 9 8 **

Min. Street Centerline offset at Adjacent Intersections (ft) 110 125 110 125 125 125 **

Min. Stopping Sight Distance (ft) 175 175 175 250 350 550 **

Min. Intersection Sight Distance (ft) 250 250 250 350 450 550 **

Ditch Foreslope Grade 4:01 4:01 4:01 5:01 5:01 6:01 **

Ditch Backslope Grade 3:01 3:01 3:01 4:01 4:01 4:01 **

Min. Cul-de-sac ROW/ Pavement Radius (ft) 70/45 70/45 70/45 70/45 N/A N/A N/A

Min. “T” End ROW/ Pavement Length (ft) 80/65 80/65 80/65 N/A N/A N/A N/A

Min. “T” End ROW/ Pavement Width & Radius (ft)*** 40/20 40/20 40/20 N/A N/A N/A N/A

Min. Lot Frontage (ft) 30 50 30 100 150 150 150

Min. Drive Spacing (ft) 50 50 50 75 120 120 120

Notes:

* ADT shall be based on an average of 10 one-way trips per dwelling unit per day for residential lots. ADT calculations for commercial or other lots shall approved by the Department on a case-by-case basis.

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** Noted elements shall be approved by the County Engineer on a case-by-case basis.

*** “T” End Designs must conform to minimum AASHTO Standards

AASHTO – American Association of State Highway and Transportation Officials

Building Setback – Minimum building setback, in feet, applicable to each side of the roadway

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CHAPTER 735 - FLOOD DAMAGE PREVENTION

Sub-Chapter 5 - Provisions for Flood Hazard Reduction

§5.03. Standards for Subdivision Proposals

(A) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with this Chapter, and shall be approved by the County Floodplain Administrator prior to issuance of the Development Authorization by the County. Plat specifications and details for submission will be governed by Chapter 705 and other applicable provisions of these Regulations.

(B) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet the requirements this Chapter.

(C) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to this Chapter.

(D) All subdivision plats shall have the Floodplain and Floodway clearly delineated on the plat and, where appropriate, shall have the lowest floor elevations for all lots located within Flood Hazard Areas.

(E) All subdivision Applications including the placement of manufactured home parks and subdivisions shall include provisions for adequate drainage as required under Chapter 725, to reduce exposure to flood hazards.

(F) All subdivision Applications including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(G) All subdivision Applications which include land which is encroached by areas of special flood hazard, must include the placement of a permanent benchmark indicating the elevation relative to mean sea level. The benchmark must be located within the platted property, and must be indicated on the subdivision plat.

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ORDER ADOPTING RULES OF HAYS COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES

Section 10. AMENDMENTS.

The County of Hays, Texas, wishing to adopt more stringent Rules for its On-Site Sewage Facilities, understands that the more stringent local Rule shall take precedence over the corresponding Texas Commission on Environmental Quality requirements if local rules provide greater public health and safety protection. Listed below are the more stringent Rules adopted by Hays County, Texas.

A. Definitions.

The following terms shall have the corresponding meaning:

1. Dwelling Unit Equivalent – An estimated quantity of wastewater from a non-residential source that is equivalent to that generated from a three (3) bedroom residential dwelling unit, or 300 gallons per day, whichever is greater.

2. Qualified OSSF Inspector – An individual with a current license from the TCEQ as an Installer or a Maintenance Provider, as those terms are defined under 30 TAC Chapter 285 who also holds a current National Association of Wastewater Transporters (NAWT) or National Sanitation Foundation (NSF) certification as an on-site sewage facility inspector within one year of the effective date of these rules. Texas licensed professional engineers and Texas registered sanitarians may also inspect existing OSSFs, subject to the requirements of 30 TAC Chapter 285.

3. Department – Hays County Development Services Division

4. Groundwater Supply System – Any water supply system that obtains greater than one-third of its overall supply from Groundwater. This classification of water supply systems is further subdivided into Public Groundwater Supply Systems and Private Groundwater Supply Systems. Public Groundwater Supply Systems are any systems designated a Public Water System by the Texas Commission on Environmental Quality. Private Groundwater Supply Systems are any systems that do not qualify as a Public Groundwater Supply System, including, but not limited to, individual water supply wells.

5. Surface or Rainwater Collection System – A water supply system in which greater than two-thirds of the total water obtained is from a “surface” source, rainwater collection, or groundwater from an aquifer that is located entirely outside of Hays County. In the event any water supply system relies on Groundwater for greater than one-third, but not more than one-half, of its total water supply, the Commissioners Court may, on a case-by-case basis, approve an application to consider such water supply system to be a “Surface or Rainwater Collection System.”

6. Private Well – Any water well other than a Public Well. This definition includes Non-Public Local Groundwater Supply Systems which are Local Groundwater Supply

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Systems that do not qualify as a Public Local Groundwater Supply System, including, but not limited to individual water supply wells.

7. Public Well – A water well providing piped water for human consumption and defined as a "Community Water System" or a "Public Water System" under Chapter 290 of the Texas Administrative Code.

8. Rainwater Harvesting System – An individual potable water supply system approved by the Department and having rainwater as its source and designed to provide for any or all of the domestic water requirements, including irrigation.

D. Facility Planning

All of the terms and provisions of 30 TAC §285.4 are incorporated within the Rules of Hays County except as expressly amended below.

1. Land Planning, Site Evaluation and Minimum Lot Sizing. The following requirements shall apply to all lots on which an OSSF is to be utilized:

(A) A platted or unplatted single family residential lot shall have a surface area of at least the acreage designated in Table 10-1 below.

(B) Small Multi-Unit Residential Developments. Multi-unit residential developments with four or fewer individual dwelling units, including duplexes, may utilize lots smaller than the acreages set forth in Table 10-1, provided:

(1) site specific evaluation materials, for a central system or individual systems, are prepared by a Texas licensed professional engineer or a Texas registered professional sanitarian and submitted to the Department for review and approval; and,

(2) there is no more than one (1) dwelling unit for each TCEQ minimum lot acreage and no more than two (2) dwelling units for each minimum lot size as designated in Table 10-1 below.

(C) Other Multi-unit Residential Developments and Non-Residential Developments. Platted or unplatted lots used for multi-unit residential developments with more than four dwelling units, including apartment complexes, groups of rental dwelling units and lots used for non-residential purposes (e.g. office, commercial, industrial or institutional uses) producing domestic wastewater:

(1) shall have a minimum lot size of 1.0 acres and a total surface acreage of at least one (1) acre for each dwelling unit equivalent (DUE) per day; and,

(2) the on-site sewage facilities for these developments shall be designed based on site specific evaluation materials.

(D) OSSFs serving Manufactured Home Rental Communities and Recreational Vehicle Parks where spaces are rented or leased and are not subdivided for

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individual sale may be designed in accordance with Subsection (1)(C) above of this Section D.

(E) Condominium Complexes. Condominium complexes utilizing on-site sewage facilities shall meet the following requirements:

(1) The Owner applying for the OSSF permit shall identify the person who will be legally responsible for compliance with all applicable OSSF requirements. The application for OSSF permit shall include a sworn (notarized) statement from such legally responsible person attesting that such person accepts full legal responsibility for compliance with all applicable OSSF requirements. In the event the designated legally responsible party fails or refuses to comply with any applicable OSSF requirements, the Department may institute appropriate enforcement action against that person, or against one or more of the following parties who the Department determines to be responsible for the noncompliance: (i) the owner or manager of the condominium complex; (ii) the owner of one or more individual condominium units; (iii) the legally constituted condominium owners association for that condominium; (iv) a maintenance company/provider contracted to provide maintenance for the noncompliant OSSF.

(2) All requirements set forth in this Section D apply to condominium complexes.

(3) Each individual condominium unit shall be equipped with a flow meter capable of measuring the wastewater flow from that unit or a flow meter capable of measuring the water usage for that unit.

(4) Maintenance of the OSSF for a condominium complex is subject to the applicable maintenance, testing and reporting requirements of TCEQ’s Chapter 285 Rules and all maintenance shall be provided by a Maintenance Company/Provider registered with TCEQ under such rules.

(F) Where multiple sources of water apply to one lot, the larger of the two (2) minimum lot sizes shall govern.

(G) In instances where the actual design of the OSSF system proposed for use dictates a larger minimum lot size required, such larger minimum lot size shall apply.

2. Lot Size Averaging. Only platted development may take advantage of these averaging provisions. The minimum acreage requirements set forth in Table 10-1 below may be obtained by averaging the size of all Lots within a platted development so long as the only Lots with acreage exceeding the minimum set forth in such table that may be included in the averaging calculation shall be:

(A) Lots reserved by plat note for use as parkland or open space, or a private greenbelt in which all owners or residents of the subdivision hold an equal, unrestricted and indivisible right of access and use; or,

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(B) Lots larger than five acres restricted by a plat note prohibiting all development other than one Single Family Residence or other development excluded from the term "Regulated Activities" under the Edwards Aquifer Rules of the TCEQ (30 TAC Chapter 213), but without regard to the aquifer over which the development occurs.

3. Notwithstanding the averaging allowed above or anything else to the contrary in this Order, no on-site sewage facility shall be permitted on any Lot smaller than the minimum lot size permitted under Chapter 366 of the Texas Health and Safety Code and the TCEQ Regulations promulgated thereunder (30 TAC Chapter 285).

Table 10-1 – Minimum Lot Sizes (in Acres) for OSSFs

Location Water Service Advanced Conventional TCEQ Min.

EARZ [1] Surface or Rainwater Collection System

1.50 2.00 1.00 [4]

EARZ Public Groundwater Supply System[2,8]

2.50 4.50 1.00 [4]

EARZ Private Well 3.00 5.00 1.00 [4,6] EACZ [3] Surface or Rainwater Collection

System 1.00 1.50 0.50 [5]

EACZ Public Groundwater Supply System

1.50 2.50 0.50 [5]

EACZ Private Well 2.00 6.00[8]

3.00 6.00[8]

1.00 [6]

Any Other Surface or Rainwater Collection System

0.50 1.00 [7]

1.00 0.50 [5] 1.00 [6]

Any Other Public Groundwater Supply System

1.00 1.50 0.50 [5]

Any Other Private Well 1.50 6.00[8]

2.00 6.00[8]

1.00 [6]

Notes: 1. Edwards Aquifer Recharge Zone as defined in 30 TAC §213 2. A Public System is a Public Water System as defined in 30 TAC §290 3. Edwards Aquifer Contributing Zone as defined in 30 TAC §213 4. TCEQ Minimum lot size as per 30 TAC §285.40(c) 5. TCEQ Minimum lot size as per 30 TAC §285.4(a)(1)(A) 6. TCEQ Minimum lot size as per 30 TAC §285.4(a)(1)(B) 7. Minimum lot size for use of surface application system as per 30 TAC §285.33(d)(2) 8. Applicable to new subdivisions and Manufactured Home Rental Communities served by individual private water wells located within the Priority Groundwater Management Area as defined by Texas Commission on Environmental Quality and required to demonstrate water availability as required by Hays County under the authority granted to the County under the Texas Water Code and the Texas Local Government Code.

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4. A lot may contain multiple habitable structures and qualify as a single family residential lot if it meets the following criteria:

(A) In addition to the primary dwelling unit, the lot may be occupied by additional habitable structures or dwelling units (e.g. garage apartments, pool houses, guest cottages, etc.) with useable floor space less than fifty percent (50%) of the floor space of the primary dwelling unit;

(B) The additional habitable structures are not offered for public use or rental; and,

(C) All such additional habitable structures are precluded from sale or transfer separate from the primary dwelling unit.

5. Existing small lots or tracts that do not meet the minimum lot size requirements of this section and will serve one single family dwelling may be approved for an OSSF in accordance with the following requirements:

(A) Any lot, regardless of the date of platting or subdivision, must be of adequate size to accommodate the proposed system, including an effluent dispersal area that complies with effluent loading requirements of 30 TAC §285.91, Table I, and the system must be designed and operated in accordance with the remaining requirements of 30 TAC §285.

(B) For lots or tracts platted or subdivided before March 14, 1977, an OSSF may be permitted on a lot of any size.

(C) For lots or tracts platted or subdivided on or after March 14, 1977, but before June 14, 1984, an OSSF may be permitted on a lot of at least twenty thousand (20,000) square feet in size;

(D) For lots or tracts platted or subdivided on or after June 15, 1984, but before August 29, 1997;

(1) If the lot has a soil depth of less than four (4) feet to bedrock or to groundwater or if the percolation rate exceeds forty five (45) minutes per one (1) inch, the minimum lot size shall be thirty thousand (30,000) square feet; or,

(2) If the lot has both a soil depth of less than four (4) feet to bedrock or to groundwater and a percolation rate exceeding forty five (45) minutes per one (1) inch, the minimum lot size shall be forty thousand (40,000) square feet.

(E) For lots or tracts platted or subdivided on or after June 15, 1984, but before August 29, 1997, an OSSF may be permitted on a lot with a minimum size in compliance with 30 TAC §285.4 or §285.40, as applicable, which meets the requirements of 30 TAC §285.31 and the Hays County Regulations that were in effect at the time.

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(F) For lots or tracts platted or subdivided on or after August 29, 1997, and before the effective date of this Order, an OSSF may be permitted on a lot with a minimum size in compliance with Table 10-1 above, which meets the requirements of 30 TAC §285.31. An exception is the Edwards Aquifer Contributing Zone which only applies to the Barton Springs Segment of the Contributing Zone.

G. Innovative Development

Innovative development, such as “planned unit development” style developments, are encouraged and will be considered on a case by case basis, upon the submission of the following with a preliminary plan application for subdivision approval:

1. Site Evaluation Materials demonstrating that such an innovative development is appropriate in light of lot sizes, soil or other conditions;

2. Site Specific Materials; and,

3. Site Plan to be recorded with Record Plat, which shall state the future development of the Property shall be in accordance with the Site Plan. The Site Plan shall designate the type of development permitted on each Lot, the location of buildings, paved areas, green belts and on-site sewage facilities (including drainage fields) on each Lot; and all other materials required under 285.30 of the Rules, as applicable. As provided in Section 285.6 of the Rules, cluster systems are not authorized.

The Commissioners Court may approve an application for innovative development permitting minimum lot acreage below those required in Table 10-1 upon a finding that the proposed development will provide equivalent protection of the public health and environment as development in accordance with these Regulations and that the lot acreage meet the TCEQ minimum.

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AGENDA ITEM

Discussion and possible action authorizing the ratification of specs for Bid No. 2012-B07 FM 110, authorizing Purchasing to solicit for bid and advertisement.


ACTION-MISCELLANEOUS August 7, 2012 Budgeted road bond funds. (already allocated)


AUDITOR USE ONLY

AUDITOR COMMENTS:



Mike Weaver / Debbie Inglasbe INGALSBE N/A

SUMMARY 27B64B101B138B175B212B249B286B323BThe FM 110 project was awarded the Letter of Authority and the Federal Project Authorization Agreement on 07/31/12. In order to allow TxDOT to maintain this project within their 2012 Fiscal Year; the FM 110 project will need to be bid and awarded before August 31, 2012. 28B65B102B139B176B213B250B287B324BIn order to bid the project and maintain eligibility for Federal Reimbursement of the project Hays County will need to advertise for bids at least 21 days prior to letting. The advertisements are to be posted on the following dates: 29B66B103B140B177B214B251B288B325BAugust 05, 2012 30B67B104B141B178B215B252B289B326BAugust 12, 2012 31B68B105B142B179B216B253B290B327BAugust 19, 2012 32B69B106B143B180B217B254B291B328BAugust 26, 2012 33B70B107B144B181B218B255B292B329BApproval of Public Notice will allow for: 34B71B108B145B182B219B256B293B330B1.) Advertisement of Invitation for bids. 35B72B109B146B183B220B257B294B331B2.) Scheduling of bid meeting. 36B73B110B147B184B221B258B295B332BSee Attachments.

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2-1

PUBLIC NOTICE HAYS COUNTY

INVITATION FOR BIDS Hays County will be accepting sealed Bids for:

FM 110, Bid No. 2012-B07

Sealed Bids will be received by Hays County, Purchasing Office, 712 South Stagecoach Trail, Suite 1071, San Marcos, TX 78666 until 2:00 PM local time on Monday, August 27, 2012 at which time and place the bids will be publicly opened and read. To submit Proposals for this Contract, prospective bidder shall, on Monday, August 27, 2012, meet the following requirements: (1) be qualified via “Full Participation” by the Texas Department of Transportation (TxDOT) for bidding on State projects or within the 90 day grace period for the preparation of a new qualification statement or have submitted the Confidential Questionnaire and have it on file with TxDOT at least 10 days before the date proposals are to be opened; (2) be registered with the State of Texas; and (3) provide suitable evidence of prior experience for similar work and be able to provide written documentation of successfully completed similar contracts. Plans, Specifications, and Bidding documents for pre-qualified bidders and interested non-bidders may be secured from CivCast’s website (www.civcastusa.com) beginning Monday, August 06, 2012. To receive the official Bid Form, contact Cindy Maiorka at 512-393-2273 or [email protected]. Bid security in the amount not less than five percent (5%) of the total amount of the bid, issued by an acceptable surety company or in the form of a certified or cashier’s check, must accompany each bid as a guarantee that the successful bidder will enter into a proper contract and execute bonds and guaranties within ten (10) days after the date contract documents are received by the awarded contractor. Performance and Payment Bonds will be required as stated in the bidding documents. Hays County is an Affirmative Action/Equal Opportunity Employer. Any bid may be withdrawn prior to the above scheduled time for the opening of the bids or authorized postponement thereof. Any bid received after the time and date specified shall not be accepted. Issued by order of the Hays County Commissioners Court on , 2012. Bert Cobb, M.D., County Judge.

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http://www.civcastusa.com/

mailto:[email protected]




AGENDA ITEM

Budget workshop regarding the FY 13 Hays County Budget. Action may follow.


WORKSHOP August 7, 2012 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:

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



SUMMARY 27B55B83B111B139B167B195B223B251BThe Court will discuss the County Judge's proposed budget and make any changes as they deem necessary. Our goal is to have a proposed budget that has the support of the majority of the Court members by August 17th.

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AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development information, called “Project Amp.” Related to an Economic Development Agreement with Ampersand Art Supply, Inc. Possible action may follow in open Court.


EXECUTIVE SESSION August 7, 2012

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSummary to be provided in Executive Session.

186

https://www.google.com/#hl=en&gs_nf=1&tok=RPgZ_ISFGKIug_a-tmYT3A&cp=5&gs_id=i&xhr=t&q=ampersand+art+supply&pf=p&output=search&sclient=psy-ab&oq=amper&gs_l=&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.&fp=83ada41124950447&biw=1342&bih=824




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to Right of Way acquisition on FM 1626. Possible action to follow in open court.


EXECUTIVE SESSION August 7, 2012 TBD

LINE ITEM NUMBER TBD

AUDITOR USE ONLY

AUDITOR COMMENTS:



JONES JONES N/A

SUMMARY 27B55B83B111B139B167B195B223B251BSummary to be provided in Executive Session.

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AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to the marketing and potential sale or lease of County owned properties. Possible action may follow in open court.


EXECUTIVE SESSION August 7, 2012

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


COBB N/A

SUMMARY

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