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Commissioners Court –June 7, 2016NOTICE 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. CODECH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 7

th day of June, 2016, in

the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the

following subjects:

CALL TO ORDERINVOCATION

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

PRESENTATIONS & PROCLAMATIONS

1 3-4 Adopt a proclamation declaring June 2016 as Juneteenth Month in Hays County.INGALSBE/PETERSON

2 5-6 Adopt a proclamation declaring June 15, 2016 as Elder Abuse Awareness Day in Hays County.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 ITEMSThe 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.

3 7 Approve payments of county invoices. HERZOG 4 8-13 Approve Commissioners Court Minutes of May 31, 2016. COBB/GONZALEZ

5 14 Accept various donations for the Kyle Depot Project and amend the budget accordingly.COBB/JOHNSON

6 15-16 Authorize the County Judge to accept a grant award from the Texas Veterans Commission in theamount of $15,000.00 and amend the budget accordingly. INGALSBE/HAUFF

7 17-21 Approve Utility Permits. COBB/BORCHERDING

8 22-34 Approve award of IFB 2016-B04 A/C & Heating Countywide to Comfort Boys and authorize theCounty Judge to execute the contract. COBB/MAIORKA/GARZA

9 35-46 Approve specifications for IFB 2016-B06 Regulatory Warning & Other Road Signs and authorizePurchasing Manager to solicit for bid and advertise. COBB/MAIORKA/BORCHERDING

10 47-49 Approve a transfer request of two vehicles from the Sheriff's Office Fleet to the District Attorney'sOffice. COBB/CUTLER

11 50 Authorize Commercial OSSF Permit at 131 Coachman Drive, San Marcos, Texas, 78666.CONLEY/MCINNIS

12 51 Authorize Commercial OSSF Permit at 211 Darden Hill, Driftwood, Texas, 78619.WHISENANT/MCINNIS

13 52 Approve bid award for IFB to Total Demolition/A-1 Demolition, authorize the Development andCommunity Services Director and Office of General Counsel to negotiate a contract and authorize

the County Judge to execute the contract and amend the budget accordingly. INGALSBE/GARZA

14 53-59 Authorize the County Judge to sign a Grant Adjustment Notice (GAN) from the Texas Departmentof Public Safety, 2014 Homeland Security Grant Program (HSGP) to adjust the budget and closeout the grant. COBB/HAUFF/SMITH

ACTION ITEMS

ROADS

15 60-63Discussion and possible action to accept Bond No.76122809 for street and drainage improvementsfor Belterra Subdivision Section 15 in the amount of $529,175.62. WHISENANT/BORCHERDING

16 64-66Discussion and possible action to name a private road located at 1240 Elder Hill Road as BroncoLane. WHISENANT

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MISCELLANEOUS

17 67-69

Hold a public hearing related to the improvements of roadways within the River Mountain RanchSubdivision (Sections 1-7) and the Hermosa Paloma Subdivision, which has been incorporated intothe River Mountain Ranch Subdivision, in Precincts 3 and 4 of Hays County, pursuant to Chapter253 of the Texas Transportation Code. Possible action may follow. CONLEY

18 70Discussion and possible action to clarify and adopt a procedure for establishing a list of approvedfirms to perform Professional Services for Hays County, on a per project basis. COBB

19 71-72Discussion and possible action to authorize the County Judge to execute a Resolution and submita grant application to the Texas Water Development Board for funding to support the Flood

Monitoring System Project. COBB/CONLEY/SMITH

EXECUTIVE SESSIONSThe 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 alsoannounce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda.

20 73Executive 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 Right ofWay along proposed FM110 in Pct 1. Possible action to follow in open court. INGALSBE

21 74Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code:consultation with counsel and deliberation regarding economic development negotiationsassociated with Project Renew. Possible action may follow in open court. COBB

22 75

Executive Session pursuant to Sections 551.071 of the Texas Government Code: consultation withcounsel regarding the proposed Agreement between Hays County and Construction Manager at

Risk related to the proposed Jail, 911 Center, and Law Enforcement Center. Possible action mayfollow in open court. COBB

STANDING AGENDA ITEMSThe 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.

23Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the publicsafety facilities needs within the County. Possible action may follow. COBB/CUTLER

24Discussion and possible action related to the burn ban and/or disaster declaration.COBB/SMITH/BROWNING

25Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime Strategies,Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. COBB

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 3rd day of June, 2016

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 whoplan 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 CountyJudge’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 bemade. 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.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners CourtTuesdays at 9:00 AM

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

AGENDA ITEM

Adopt a proclamation declaring June 2016 as Juneteenth Month in Hays County.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS June 7, 2016 N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Constable David Peterson INGALSBE N/A

SUMMARY

27B55B83B111B139B167B195B223B251BPlease refer to attached proclamation.

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PROCLAMATION DECLARING JUNE 2016 AS

JUNETEENTH MONTH IN HAYS COUNTY

STATE OF TEXAS §

§

COUNTY OF HAYS §

WHEREAS, the institution of Black slavery in America began in 1616 with the landing of the first African slaves on our

shores and continued officially until President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863;

and

WHEREAS, although this historic proclamation was issued in 1863, Texas slaves waited two and a half years to receiveword of their liberation, when on June 19, 1865, Union soldiers led by Major General Gordon Granger landed at Galveston

and announced that all Texas slaves were free; and

WHEREAS, the 19th Day of June—or Juneteenth—became a day of jubilation and liberation for former slaves and today is

the oldest known celebration of the ending of slavery in our nation; and

WHEREAS, on June 13, 1979 Governor William P. Clements signed a bill into law that made the JuneteenthEmancipation Day an official state holiday in Texas; and

WHEREAS, the Hays County community will celebrate Juneteenth 2016 with the Garland Warren, Rose Brooks and NellBurleson Cake Auction on June 16 at the San Marcos Activity Center. Following that week, a BBQ Cook-off Competition

and Music Festival at the San Marcos City Park and Plaza on June 17 and 18 and a Parade through downtown San Marcos

on June 18, and church celebrations throughout the whole month; and

WHEREAS, several community partners come together to host the Juneteenth festivities such as Impact San Marcos, Prideof San Marcos Lodge #494, the BBQ Cook-Off Committee, the Cake Auction Scholarship Committee, and the Dunbar

Heritage Association; and

WHEREAS, Juneteenth festivities will feature great BBQ, cake auction for scholarships, games for children, live music,

family fun and church commemorations, and the public is invited to participate in all these significant celebrations;

NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court does hereby proclaim June

2016 as:

JUNETEENTH MONTH IN HAYS COUNTY

And call upon the people of Hays County to join in the celebration of this significant event throughout the month and torecognize the importance of Juneteenth to human freedoms so cherished by the people of the United States.

ADOPTED THIS THE 7th DAY OF JUNE, 2016

Bert Cobb

Hays County Judge

______________________________ ______________________________Debbie Gonzales Ingalsbe Mark Jones

Commissioner, Pct. 1 Commissioner, Pct. 2

______________________________ ______________________________

Will Conley Ray Whisenant


ATTEST:

_________________________

Liz Q. Gonzalez

Hays County Clerk

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AGENDA ITEM

Adopt a proclamation declaring June 15, 2016 as Elder Abuse Awareness Day in Hays County.


PROCLAMATIONS/PRESENTATIONS June 7, 2016 N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY

26B53B80B107B134B161B188B215B242BPlease refer to attached proclamation.

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PROCLAMATION DECLARING JUNE 15, 2016 AS

ELDER ABUSE AWARENESS DAY IN HAYS COUNTY

STATE OF TEXAS §

§

COUNTY OF HAYS §

WHEREAS, older Hay County residents should be regarded with the utmost respect and dignity, in acknowledgement of

their immense contribution as leaders, mentors and volunteers within our families and communities; and

WHEREAS, elder abuse is a tragedy inflicted on vulnerable older adults and is an ever increasing problem that crosses all

socio-economic boundaries; and

WHEREAS, every day 10,000 people turn 65 in the US and we will soon have more elderly people in the US than ever

before; and

WHEREAS, every year an estimated 5 million, or 1 in 10, older Americans are victims of elder abuse, neglect, orexploitation; and

WHEREAS, experts believe that for every case of elder abuse or neglect reported, some 24 cases go unreported whichmeans that very few seniors who have been abused get the help they need; and

WHEREAS, together we have the power to prevent elder abuse by reporting suspected mistreatment to the local Adult

Protective Services agency or law enforcement;

NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court does hereby proclaim June

15, 2016 as:

ELDER ABUSE AWARENESS DAY IN HAYS COUNTY

To help bring awareness to the prevention of elder abuse in Hays County.

ADOPTED THIS THE 7th

DAY OF JUNE, 2016

Bert Cobb

Hays County Judge

______________________________ ______________________________

Debbie Gonzales Ingalsbe Mark Jones


______________________________ ______________________________

Will Conley Ray Whisenant


ATTEST:

_________________________

Liz Q. Gonzalez

Hays County Clerk

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AGENDA ITEM

Approve payment of County invoices.


CONSENT June 7, 2016

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 May 31, 2016.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

VOLUME V PG 863 ***** ***** MAY 31, 2016

31574 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICEAGREEMENT WITH KENNEDY ABOVE/UNDER GROUND, LLC FOR WORKPERFORMED AT THE GAY RUBY DAHLSTROM NATURE PRESERVE

Contractor will perform services related to trail building and public access at Gay Ruby Dahlstrom NaturePreserve. A mot ion was made by Commissioner Jones, seconded by Comm issioner Whisenant to

authorize the County Judge to execute a Professional Service Agreement with Kennedy Above/UnderGround, LLC for work performed at the Gay Ruby Dahlstrom Nature Preserve. All voting “ Aye”.MOTION PASSED

31575 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT NUMBER ONE (1)TO THE FY16 PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) ONE-TIMEDISCRETIONARY UNIQUE CONTRACT WITH THE DEPARTMENT OF STATEHEALTH SERVICES (DSHS)

The Amendment will amend certain contractual language. A motion was made by Commissioner Jones ,seconded by Commissioner Whisenant to authorize the County Judge to execute Amendment numberone (1) to the FY16 Public Health Emergency Preparedness (PHEP) one-time discretionary uniquecont ract with the Department of State Health Services (DSHS). All voti ng “ Aye” . MOTION PASSED

31576 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT 3 TO THE GRANT

PROJECT AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT(TPWD) TO EXTEND THE COMPLETION DATE FOR THE DAHLSTROM RANCHTRAIL PROJECT TO JUNE 30, 2017

On January 25, 2011 the Commissioners Court accepted a grant award from the Texas Parks and WildlifeDepartment, Texas Recreational Trails Fund for $100,000 for development of the Dahlstrom Ranch Public Access Area (trail Construction and associated amenities). The original Project Agreement was set to expire on August 31, 2014 and Amendment 1 approved by Commissioners Court on April 1, 2014 extended the Agreement termination date to July 15, 2015. Amendment 2 was approved by the Commissioners Court onJune 2, 2015 extended the project completion date to July 15, 2016. Due to unforeseen delays, TPWDwascontacted once again to request an extension of the grant term. The current proposed Amendment will extendthe Project Agreement termination date to June 30, 2017. All other terms and conditions of the original Agreement remain the same. A motion was made by Commis sioner Ingalsbe, seconded byCommissioner Whisenant to authorize the County Judge to execute Amendment 3 to the Grant Project Agreement wi th the Texas Parks and Wildl ife Department (TPWD) to extend the comp let ion date for theDahlstrom Ranch Trail Project to June 30, 2017. All vot ing “ Aye” . MOTION PASSED

31577 APPROVE OUT OF STATE TRAVEL FOR DETECTIVE RYAN HAYDEN IN PLACE OFMARK OPIELA TO ATTEND THE INTERNATIONAL HOMICIDE INVESTIGATORSASSOCIATION CONFERENCE IN NEW ORLEANS, LOUISIANA

Out of state travel is needed to send Detective Ryan Hayden in place of Mark Opiela to the 2016 InternationalHomicide Investigators Association Conference in New Orleans, LA on July 31-August 5, 2016. Due tounforeseen circumstances Detective Opiela is not able to attend but the Sheriff’s Office would like to sendDetective Hayden in his place. This conference will provide detective Hayden a broader knowledge on thebelow topics. Officer involved use of force investigations, violent crime strategies, Death investigations,International topics, cold case investigations and Terrorism. The Conference will also provide them withpresentations for the violence reduction network and violent criminal apprenhension program so that they canbetter prepare for future events in Hays County. The materials brought back will be implemented immediately tocase investigations and day to day activities of the Major Crimes unit. Registration, travel expenses and perdiem will be paid for out of the Sheriff’s Office Continuing Ed General Ledger. A motion was made byCommissioner Ingalsbe, seconded by Commissioner Whisenant to approve out of state travel forDetective Ryan Hayden in place of Mark Opiela to attend the International Homicide Investigators Association Conference in New Or leans, Louisiana. All vot ing “ Aye” . MOTION PASSED

31578 APPROVE THE CANCELLATION OF THE HAYS COUNTY COMMISSIONERS COURTON JULY 5, 2016

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve thecancellation of the Hays County Commissioners Court on July 5, 2016. All voting “ Aye” . MOTIONPASSED

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MAY 31, 2016 ***** ***** VOLUME V PG 864

31579 APPROVE UTILITY PERMITS

A motion was made by Comm issioner Ingalsbe, seconded by Commis sioner Whisenant to approveUtility Permit #980 on Centerpoint Road issued to PEC as submitted by the Transportation Department. Al l vot ing “ Aye” . MOTION PASSED

31580 APPROVE THE PURCHASE OF A REPLACEMENT TOUCH SCREEN MONITOR FORTHE COMMUNICATIONS DIVISION WHERE A PURCHASE ORDER WAS NOTOBTAINED

A replacement touch screen monitor was ordered from LCRA on May 19th for the Communications Center wherea purchase order was not obtained. A purchase order was not obtained due to the emergency need of areplacement radio monitor that caused the Communications Center to be down a radio during heavy rainstorms. No additional funds are needed; funds have been identified in the Sheriff’s Office Operating Budget. Amotion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve thepurchase of a replacement touch screen monitor for the Communications Division where a PurchaseOrder was not obtained. All voting “ Aye” . MOTION PASSED

31581 APPROVE SPECIFICATIONS FOR RFP 2016-P11 LOW WATER CROSSINGWARNING SYSTEM AND DETENTION BASIN MONITORING NETWORK ANDAUTHORIZE PURCHASING MANAGER TO SOLICIT FOR PROPOSAL AND

ADVERTISE

This project will be funded possible with a mixture of TWDB grant funds, Hazard Mitigation (FEMA) grant funds,CBDG, and County funds. A motion was made by Commissioner Ingalsbe, seconded by Commiss ionerWhisenant to approve specifications for RFP 216-P11 Low Water Crossing Warning System andDetention Basin Monitoring Network and authorize Purchasing Manager to solicit for Proposal and Adverti se. Al l vot ing “ Aye” . MOTION PASSED

31582 AUTHORIZE THE COUNTY JUDGE TO SUBMIT A GRANT APPLICATION TO THEU.S. DEPARTMENT OF JUSTICE, EDWARD BYRNE MEMORIAL JUSTICEASSISTANCE GRANT (JAG) PROGRAM FY16 LOCAL SOLICITATION FORBULLETPROOF VESTS FOR LAW ENFORCEMENT PERSONNEL IN THE AMOUNTOF $11,215.00

Hays County is eligible to receive funding in the amount of $11,215 from the 2016 Texas Local JAG allocationgrant solicitation. These funds in the past were shared between the City of San Marcos and Hays County asdetermined by the funding formula. This year Hays County will receive a separate funding allocation and thiswill be used to purchase 14 bulletproof vests in the amount of $11,515.00 for Law Enforcement Officers andadditional $300 of local county funds are necessary to complete the purchase. The application is due by June30, 2016 and is submitted electronically. A motion was made by Commissioner Ingalsbe, seconded byCommissioner Whisenant to authorize the County Judge to submit a Grant Application to the U.S.Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 16 localsolicitation for Bulletproof Vests for Law Enforcement Personnel in the amount of $11,215. All voting“ Aye” . MOTION PASSED

31583 ACCEPT THE 2015 HAYS COUNTY ESD #3 AUDIT REPORT

A motion was made by Commis sioner Ingalsbe, seconded by Comm issioner Whisenant to accept the2015 Hays County ESD #3 Audit Report. All votin g “ Aye” . MOTION PASSED

31584 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO PURCHASE A DJITHERMAL CAMERA WITH ACCESSORIES AND AMEND THE BUDGETACCORDINGLY

On May 10, 2016 the court authorized the OES Department to execute a bailment agreement with theWimberley Fire ESD 4 and research options for flight equipment to be maintained by the City and used foremergency situations. The OES Director has a team of personnel that researched options and has determinedthat the Maxsur DJI Inspire 1 is the best product at a most cost effective price point. This equipment has a highresolution look down capability with the flight battery accessory as well as an HD 4K camera accessory for stillshots and recorded video. This equipment will be beneficial during search and rescue/recovery as well asdisasters such as fire/flooding events. A motion was made by Commissioner Whisenant , seconded byCommissioner Conley to authorize the Office of Emergency Services to purchase a DJI Thermal Camerawith accessories and amend the budget accordi ngly. All voting “ Aye” . MOTION PASSED

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VOLUME V PG 865 ***** ***** MAY 31, 2016

31585 ACCEPT VARIOUS DONATIONS FOR THE KYLE DEPOT PROJECT AND AMENDTHE BUDGET ACCORDINGLY

The Historical Commission has received various donations for expenses related to the Kyle Depot Project.Budget Amendment: Increase – Printing - $354; Increase – Misc. Eqpt. - $108; Increase – Contributions - $462.

A mot ion was made by Commissioner Whisenant , seconded by Commissioner Conley to accept var iousdonations for the Kyle Depot Project and amend the budget accordingly. All voting “ Aye”. MOTIONPASSED

31586 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENTBETWEEN TRAVIS COUNTY AND HAYS COMBINED AUTO THEFT TASK FORCE

A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to authorize t heCounty Judge to execute an Interlocal Agreement between Travis County and Hays Combined AutoTheft Task Force. All voting “ Aye” . MOTION PASSED

31587 APPROVE AN EXTENSION OF THE MAINTENANCE BOND FOR AN ADDITIONAL 2-YEAR PERIOD FOR TRANSPORTATION WAY OFF OF POSEY RD., REPLACINGTHE CURRENT MAINTENANCE BOND EXPIRING JUNE 3, 2016, TOACCOMMODATE FUTURE WIDENING AND EXTENDING OF THE ROADWAY TO A

NEW DEVELOPMENT

A motion was made by Comm issioner Jones, seconded by Comm issioner Ingalsbe to approve anextension of the Maintenance Bond for an additional 2-year period for Transportation Way off of PoseyRd., replacing the current Maintenance Bond expiring June 3, 2016, to accommodate future wideningand extending of the roadway to a new development. All voting “ Aye” . MOTION PASSED

31588 SUB-110 STUDIO ESTATES SECTION 2B (95 LOTS) ACCEPT FISCAL SURETY FORSTREET AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $25,000 (CHECK#7373): APPROVE FINAL PLAT

A motion was made by Comm issioner Jones, seconded by Commis sioner Ingalsbe to accept FiscalSurety for street and drainage improvements in the amount of $25,000 (check #7373): approve final platfor SUB-110 Studio Estates Section 2B (95 Lots ). All voti ng “ Aye” . MOTION PASSED

31589 AUTHORIZE THE SHERIFF’S OFFICE TO HIRE ONE NEW DEPUTY SRO POSITIONFOR THE HAYS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT (HCISD)EFFECTIVE AUGUST 1ST USING SALARY SAVINGS FOR THE 25% COST SHARE;AND TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE A 2ND LETTERAMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEENHAYS COUNTY AND HCISD

A motion was made by Commissioner Whisenant , seconded by Commis sioner Con ley to authorize t heSheriff’s Office to hire one new Deputy SRO position for the Hays Consolidated Independent SchoolDistrict (HCISD) effective August 1

st using Salary Savings for the 25% cost share; and to authorize the

County Judge to execute a 2nd

Letter Amendment to the Interlocal Cooperation Agreement betweenHays Count y and HCISD. All voting “ Aye” . MOTION PASSED

31590 APPROVE AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY,TEXAS, AUTHORIZING THE ISSUANCE OF “HAYS COUNTY, TEXAS PASS-

THROUGH TOLL REVENUE AND LIMITED TAX BONDS;” LEVYING AN ANNUAL ADVALOREM TAX, WITHIN LIMITATIONS PRESCRIBED BY LAW, FOR THEPAYMENT OF THE BONDS AND FURTHER SECURING SAID BONDS BY A LIEN ONAND PLEDGE OF CERTAIN PLEDGED REVENUES; PRESCRIBING THE FORM,TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT ANDRELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS;AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENTAND A PURCHASE CONTRACT; DELEGATING THE AUTHORITY TO CERTAINMEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO EXECUTECERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS

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MAY 31, 2016 ***** ***** VOLUME V PG 866

A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to approve anOrder by the Commissioners Court of Hays County, Texas, authorizing the issuance of “ Hays County,Texas Pass-Through Toll Revenue and Limited Tax Bonds;” Levying an annual ad valorem tax, withinlimitations prescribed by law, for the payment of the Bonds and further securing said bonds by a Lienon and pledge of certain pledged revenues; prescribing the form, terms, conditions, and resolving othermatters in cident and related to the issuance, sale, and delivery of the bonds; authorizing the executionof a paying agent/Registrar Agreement and a Purchase Contract; delegating the authority to certainmembers of the Commissioner Court and County Staff to execute certain documents relating to the saleof the Bonds . All voting “ Aye” . MOTION PASSED

Clerk’s Note Agenda Item #24 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE

PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM 110 IN PCT. 1 – was pulled

DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OFPROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY

Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately10% of capacity open. That lowers our recommendation to 311. The jail’s daily average was 291 and peak was

326 on May 23rd for the week of May 22 to May 28, 2016. The maximum female capacity is 76 inmates. Lastweek’s average was 62 and peak was 65 on 5/25/2016. The maximum male capacity is 256 inmates. Lastweek’s average was 229 and peak was 264 on 5/23/2016. Inmate at Guadalupe County: 93 Inmate atCaldwell County: 31 Inmate at Bastrop County: 0 Inmate at Walker County: 1

ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION

Today’s Drought Index: 21. The Burn Ban will remain lifted.

Clerk’s Note Agenda Item #27 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS,INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER,

HDR – was pulled

A mot ion was made by Commissioner Jones, seconded by Commissioner Whisenant to adjourn cour t at

9:50 a.m.

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 MAY 31, 2016.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIOCLERK OF THE COMMISSIONERS’ COURT OF

HAYS COUNTY, TEXAS

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AGENDA ITEM

Accept various donations for the Kyle Depot Project and amend the budget accordingly.


CONSENT June 7, 2016 $1,532

LINE ITEM NUMBER

141-676-00.4610 - Kyle Depot Project

AUDITOR USE ONLY AUDITOR COMMENTS:

(See attached budget amendment.

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


Kate Johnson COBB N/A

SUMMARY

28B62B96B130B164B198B232B266B300BThe Historical Commission has received various donations for expenses related to the Kyle Depot Project.

29B63B97B131B165B199B233B267B301BBudget Amendment:30B64B98B132B166B200B234B268B302BIncrease - General Supplies - $73331B65B99B133B167B201B235B269B303BIncrease - Printing - $73332B66B100B134B168B202B236B270B304BIncrease - Misc - $6633B67B101B135B169B203B237B271B305B

Increase - Contributions - $1,532

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AGENDA ITEM

Authorize the County Judge to accept a grant award from the Texas Veterans Commission in the amount of$15,000.00 and amend the budget accordingly.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Hauff INGALSBE N/A

SUMMARY

25B51B77B103B129B155B181B207B233BOn November 17, 2015 the Commissioners Court approved submission of a grant application to the TexasVeterans Commission. The funds will be used to pay court fees associated with the expunction of the veterandefendants' criminal records upon successful completion of the veterans treatment court. The term of the grant isJuly 1, 2016 to June 30, 2017. Attached is the award and the notice of grant award will be mailed to the agencydirectly to execute contract.

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AGENDA ITEM

Approve Utility Permits.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding COBB N/A

SUMMARY

25B52B79B106B133B160B187B214B241BPermit Road Name Utility26B53B80B107B134B161B188B215B242B981 Sawyer Ranch Rd gas line (Texas Gas Service)

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LOCATION MAP - N.T.S

P R I V AT E D R I V

S A W Y E R R A N C H R O A D

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AGENDA ITEM

Approve award of IFB 2016-B04 A/C & Heating Countywide to Comfort Boys and authorize the County Judge toexecute the contract.


CONSENT June 7, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Maiorka/Garza COBB N/A

SUMMARY

26B53B80B107B134B161B188B215B242B(See attached) Comfort Boys was the only vendor that responded to the bid.

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AGENDA ITEM

Approve specifications for IFB 2016-B06 Regulatory Warning & Other Road Signs and authorize PurchasingManager to solicit for bid and advertise.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Maiorka/Borcherding COBB N/A

SUMMARY

26B53B80B107B134B161B188B215B242B(See attached specifications)

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AGENDA ITEM

Approve a transfer request of two vehicles from the Sheriff's Office Fleet to the District Attorney's Office.



LINE ITEM NUMBER

N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



CUTLER COBB N/A

SUMMARY

26B56B86B116B146B176B206B236B266BThe following vehicles are being requested for transfer from the Sheriff's Office Fleet to the District Attorney'sOffice.

27B57B87B117B147B177B207B237B267BEquipment Transfer28B58B88B118B148B178B208B238B268B2007 Dodge Charger - Fixed Asset #: 1611229B59B89B119B149B179B209B239B269B

2007 Dodge Charger - Fixed Asset #: 15614

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*****THIS FORM IS NOT TO BE USED FOR THE TRANSFER OF COMPUTER EQUIPMENT*****

To be completed by Transferring Department*** ONLY ONE GENERAL FIXED ASSET PER FORM ***

2007 Dodge Charger

Fixed Asset County Tag Number:16112

Serial Number:

2B3KA43R07H7114595

Department Name:

Hays County Sheriff's Dept.

Location:

1307 Uhland Road, San Marcos, TX 78666

Transfer agreed to by Elected Official/Department Head:

Date:

TRANSFERRED TO ASSET TO BE HELD AT WAREHOUSEDepartment Name: Received at Warehouse By:

District Attorney

Location: ASSET TO BE HELD AT PURCHASING

712 S. Stagecoach Received at Purchasing By:

Date:

___________________________

ASSET SOLD IN COUNTY AUCTION ON

Date ________________

To be completed for all transfers of general fixed assets between departments and returned to Auditor

DESCRIPTION OF ITEM (Including Manufacturer and Model Number)

(signature)

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

To be completed by Purchasing Office Only

HAYS COUNTY AUDITOR - GENERAL FIXED ASSET TRANSFER FORM

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

AUDITOR OFFICE USE ONLY

Fixed Asset System Updated:

(Auction Date)

To be Completed by Department to which

asset is transferred

(signature)

To be Completed for assets to be auctioned

----------------------------------------------------------------

Transfer accepted by Elected Official /

Department Head

Date _______________

Initials ______________


Asset Deleted from System After Auction:

Date _______________

Initials ______________

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*****THIS FORM IS NOT TO BE USED FOR THE TRANSFER OF COMPUTER EQUIPMENT*****

To be completed by Transferring Department*** ONLY ONE GENERAL FIXED ASSET PER FORM ***

2007 Dodge Charger

Fixed Asset County Tag Number:15614

Serial Number:

2B3KA43R67H714598

Department Name:

Hays County Sheriff's Dept.

Location:

1307 Uhland Road, San Marcos, TX 78666

Transfer agreed to by Elected Official/Department Head:

Date:

TRANSFERRED TO ASSET TO BE HELD AT WAREHOUSEDepartment Name: Received at Warehouse By:

District Attorney

Location: ASSET TO BE HELD AT PURCHASING

712 S Stagecoach Tr Received at Purchasing By:

Date:

___________________________

ASSET SOLD IN COUNTY AUCTION ON

Date ________________

To be completed for all transfers of general fixed assets between departments and returned to Auditor

DESCRIPTION OF ITEM (Including Manufacturer and Model Number)

(signature)

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

To be completed by Purchasing Office Only

HAYS COUNTY AUDITOR - GENERAL FIXED ASSET TRANSFER FORM

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


Fixed Asset System Updated:

(Auction Date)

To be Completed by Department to which

asset is transferred

(signature)

To be Completed for assets to be auctioned

----------------------------------------------------------------

Transfer accepted by Elected Official /

Department Head

Date _______________

Initials ______________


Asset Deleted from System After Auction:

Date _______________

Initials ______________

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AGENDA ITEM

Authorize Commercial OSSF Permit at 131 Coachman Drive, San Marcos, Texas, 78666.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis, Development Services Manager CONLEY N/A

SUMMARY

26BKutsher Holdings is proposing an OSSF to serve a new veterinarian clinic at 131 Coachman Drive. This designwill accommodate up to 60 animals and 8 employees. This property is Lot 1B of the Resubdivision of Lot 1 of theCoachman Subdivision. The building will be served by a public water supply.27B55B83B111B139B167B195B223B251BThe system designer, Andy Grubbs, R.S., has designed a treatment system, which consists of a pretreatment tank,a flow equalization tank, an aerobic treatment unit, and a pump tank. After treatment, the effluent will be dispersedto a drip irrigation field. The system is designed for a daily usage rate of 600 gallons

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AGENDA ITEM

Authorize Commercial OSSF Permit at 211 Darden Hill, Driftwood, Texas, 78619.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis, Development Services Manager WHISENANT N/A

SUMMARY

26BRMRB Properties is proposing an OSSF to serve two office/warehouse buildings. This design will accommodateup to 12 employees and 8 visitors daily. This property is a 10.02 acre tract of land and will be served by a privatewell.27B55B83B111B139B167B195B223B251BThe system designer, Hugo Elizondo, P.E., has designed a treatment system, which consists of a pump tank, a flowequalization tank, and an aerobic treatment unit. After treatment, the effluent will be dispersed to a drip irrigationfield. The system is designed for a daily usage rate of 280 gallons.

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AGENDA ITEM

Approve bid award for IFB to Total Demolition/A-1 Demolition, authorize the Development and Community ServicesDirector and Office of General Counsel to negotiate a contract and authorize the County Judge to execute the

contract and amend the budget accordingly.


CONSENT June 7, 2016 $116,250

LINE ITEM NUMBER


See attached budget amendment.

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG


Garza INGALSBE N/A

SUMMARY

27B

Work will be performed at County owned properties located off of Civic Center loop and Clovis Barker in Precinct 1.

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AGENDA ITEM

Authorize the County Judge to sign a Grant Adjustment Notice (GAN) from the Texas Department of Public Safety,2014 Homeland Security Grant Program (HSGP) to adjust the budget and close out the grant.



LINE ITEM NUMBER




Hauff/Smith COBB N/A

SUMMARY

26BThe grant adjustment notice is to reduce the final grant amount from $23,396.78 to $23,316.63 and to close theproject effective May 31, 2016. All necessary items have been purchased. The grant funds support the HaysCounty Community Emergency Response Teams (CERT) as well as regional CERT needs. The grant adjustmentnotice is attached.

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Texas Department of Public Safety

2014 Grant Adjustment Noticefor

Hays County

1. General Award Information Reference/Encumbrance No:

Date of Award: June 1, 2016 Prepared By: Runkle, Catheron 3. SAA Award Number: 14-GA 48209-04F

4. Sub-Recipient Name and Address 5. Federal Grant Information

Judge Bert Cobb

Hays County

111 East San Antonio Street, #300

San Marcos, TX 78666

Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP)

Federal Grant Award Number: EMW-2014-SS-00029

Federal Granting Agency: U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency (FEMA

Date Federal Grant Awarded to TxDPS: August 6, 2014

CFDA: 97.067

6. Award Amount and Grant Breakdowns

SHSP

$23,316.63

Grant Period:

From:

Sep 1, 2014

To:

May 31, 2016

(The SAA must receive all invoices by the end of grant period)

7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2014, (Public Law 113-76), and The

Homeland Security Act of 2002 as amended (Public Law 107-296), (6 U.S.C. § 603).

8. Method of Payment: Primary method is reimbursement.

9. Debarment/Suspension Certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors and principaare not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agencyand do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/

10. Agency Approvals

Approving TxDPS Official:

Jamie YoungsSenior ManagerTexas Homeland SecurityState Administrative AgencyTexas Department of Public Safety

Signature of TxDPS Official:

11. Sub-Recipient Acceptance

I have read, understood and agree to this Sub-Recipient Agreement consisting of this Award and the attached Terms andConditions.

Print name and title of Authorized Sub-Recipient Official: Signature of Sub-Recipient Official:

Enter Employer Identification Number (EIN) orFederal Tax Identification Number:

DUNS Number: Date Signed :

DUE DATE: July 16, 2016 Signed Award with Terms and Conditions must be returned to [email protected] on or before the duedate.

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2014 TERMS AND CONDITIONS

Instructions:

The Sub-recipient shall:

1. Fill in the information and sign the Grant Sub-Recipient Award;2. Certify they have read and understand these Terms and Conditions;3. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Return all documents via email to [email protected] on or before the date provided in the

transmittal letter and/or in this Grant.

1. Grant Sub-recipient Agreement

This Grant Sub-recipient Agreement (consisting of this 2014 Grant Sub-recipient Award and these Terms and Conditions) is made and entered into by andbetween the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to a"DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub-recipient” or “Sub-grantee.” Furthermore, DPS/THSSAA and the Sub-recipient collectively hereinafter referred to as the “Parties.” This Grant Sub-recipient Agreement (SRA), or otherwise referred to herein as “this Grant” or “thisAgreement”, is only an offer until Sub-recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this GraSub-recipient Award.

The FY 2014 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of the National Preparedness System (NPSsupporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilientNation. HSGP funding shall be used for statutorily eligible costs related to the planning, organization, equipment, training, and exercise needs that prevent,protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. This program provides an integrated mechanism thabuilds and sustains core capabilities to support the Nation’s Preparedness against terrorist attacks, major disasters, and other emergencies.

The FY 2014 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined

the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and other physical security enhancements and activities tononprofit organizations that are at high risk of terrorist attack and located within one of the specific Urban Areas Security Initiative (UASI)-eligible Urban AreaWhile this funding is provided specifically to high-risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public andprivate community representatives, as well as State and local government agencies.

Sub-recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Sub-recipient issues subawaas part of this Grant project, Sub-recipient shall include and require its subawardees to comply with the terms and conditions of this Grant.

The term "Sub-recipient agreement funds" as used in this Grant means funds provided by DPS/THSSAA under the United States Department of HomelandSecurity (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHS/FEMA). The term "Sub-recipient's funds"match funds as used in this Grant means funds provided by the Sub-recipient.

2. Overview and Performance Standards

All allocations and use of funds under this Grant shall be in accordance with the FY 2014 Funding Opportunity Announcement (FOA) for the Federal Grant Tspecified on this Grant, and such FY 2014 FOA is incorporated by reference herein. Sub-recipient shall read, understand and accept the FY 2014 FundingOpportunity Announcement as binding.

A. Standard of Performance. Sub-recipient shall perform all activities and projects entered into the DPS/THSSAA web-based grants management system ware approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state-level grantadministrator(s). Sub-recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but notlimited to the following Exhibits:

1. Assurances – Non-Construction Programs, hereinafter referred to as “Exhibit A”2. Assurances – Construction Programs, hereinafter referred to as “Exhibit B”3. Certifications, hereinafter referred to as “Exhibit C”4. State of Texas Assurances, hereinafter referred to as “Exhibit D”

B. Failure to Perform. In the event Sub-recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web-based grants managemensystem, or comply with any provision of this Grant, Sub-recipient shall be liable to DPS/THSSAA for an amount not to exceed the award amount of this Granand may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS untilrepayment to DPS/THSSAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this GraFailure to timely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS.

3. Environmental Review

Sub-recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub-recipient shsubmit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS/THSSAA. Timelines for the

Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub-recipient shall include sufficient review time within its project management plan to comply with EHPrequirements. Initiation of any activity prior to completion of FEMA’s EHP review will result in a non-compliance finding and DPS/THSSAA winot authorize or release Grant funds for non-compliant projects.

Sub-recipient, as soon as possible upon receiving this Grant, shall provide information to DPS/THSSAA to assist with the legally-required EHP review and toensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA F024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to the NationEnvironmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 – Floodplain Management, EO 11990 – ProtectionWetlands, and EO 12898 – Environmental Justice. Sub-recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicabpermits and clearances. See FEMA Information Bulletin 329.

Sub-recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving groudisturbance, new construction, and modifications to buildings. Sub-recipient shall comply with all mitigation or treatment measures required for the project athe result of FEMA’s EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before thproject can proceed. If ground disturbing activities occur during project implementation, Sub-recipient shall ensure monitoring of ground disturbance and if apotential archeological resources are discovered, Sub-recipient shall immediately cease construction in that area and notify FEMA and the appropriate StateHistorical Preservation Office.

4. Funding Obligations

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A. DPS/THSSAA shall not be liable to Sub-recipient for any costs incurred by Sub-recipient that are not allowable costs.

B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall notexceed the Total Award Amount listed on the Grant Sub-recipient Award.

C. Sub-recipient shall contribute the match funds listed on the Grant Sub-recipient Award.

D. Sub-recipient shall refund to DPS/THSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be an overpayment toSub-recipient or that DPS/THSSAA determines has not been spent by Sub-recipient in accordance with this Grant. No refund payment(s) shall be made frolocal, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Sub-recipient shall make such refundDPS/THSSAA within thirty (30) calendar days after DPS/THSSAA requests such refund.

E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA’s obligations under this Grant are contingent upon threceipt of adequate funds to meet DPS/THSSAA’s liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSA

shall not be liable to Sub-recipient for costs which exceed the amount specified in this Grant.

5. Performance Period

The performance period for this Grant is listed on the Grant Sub-Recipient Award. All goods and services shall be received within the performancperiod AND all reimbursement requests shall be submitted to DPS/THSSAA within the performance period. Sub-recipient shall have expended alGrant funds and submitted reimbursement requests and any invoices in the DPS/THSSAA grant management system by the end of the performaperiod. DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period.

6. Uniform Administrative Requirements, Cost Principles and Audit Requirements

Except as specifically modified by law or this Grant, Sub-recipient shall administer this Grant through compliance with the most recent version of all applicablaws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant.non-exclusive list is provided below.

A. Administrative Requirements

1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A-102 CommonRule);

2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-ProOrganizations (OMB Circular A-110).

3. 44 C.F.R. Part 10, Environmental Considerations

B. Cost Principles

1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87)

2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)

3. 2 C.F.R. Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)

4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations

C. Audit Requirements

OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.

D. Grant Guidance (Funding Opportunity Announcement)

Sub-recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 Funding OpportunityAnnouncement and supplemental resources for the HSGP currently available athttp://www.fema.gov/media-library-data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY_2014_HSGP_FOA_Final.pdf and the Nonprofit SecuritGrant Program (NSGP),http://www.fema.gov/media-library-data/1396016700388-fb23d813b8df0d8eab995c8f27c1ac3e/FY_2014_NSGP_FOA_Final_Revised.pdf .

7. DHS Specific Acknowledgements and Assurances

Sub-recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 – Financial Assistance Award StandaTerms and Conditions (January 14, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approveby the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards:http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf .

Sub-recipient acknowledges and agrees, and shall require any sub-recipients, subawardees, contractors, successors, transferees, and assignees toacknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.

1. Sub-recipient shall cooperate with any compliance review or complaint investigation conducted by DHS.

2. Sub-recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related tthis Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other

applicable laws or program guidance.3. Sub-recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation tosupport the reports.

4. Sub-recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in programguidance.

5. If, during the past three (3) years, Sub-recipient has been accused of discrimination on the grounds of race, color, national origin (including limited Englproficiency), sex, age, disability, religion, or familial status, Sub-recipient shall provide a list of all such proceedings, pending or completed, including outcomand copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties.

6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited Englishproficiency), sex, age, disability, religion, or familial status against Sub-recipient, or Sub-recipient settles a case or matter alleging such discrimination,Sub-recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office.

The United States has the right to seek judicial enforcement of these obligations.

8. Operation Stonegarden (OPSG) Specific Conditions

If Sub-recipient is receiving Operation Stonegarden (OPSG) funds, Sub-recipient is prohibited from obligating or expending OPSG funds providedthrough this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been

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http://www.fema.gov/media-library-data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY_2014_HSGP_FOA_Final.pdfhttp://www.fema.gov/media-library-data/1396016700388-fb23d813b8df0d8eab995c8f27c1ac3e/FY_2014_NSGP_FOA_Final_Revised.pdfhttp://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdfhttp://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdfhttp://www.fema.gov/media-library-data/1396016700388-fb23d813b8df0d8eab995c8f27c1ac3e/FY_2014_NSGP_FOA_Final_Revised.pdfhttp://www.fema.gov/media-library-data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY_2014_HSGP_FOA_Final.pdf

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address. For notice to DPS/THSSAA see address set forth below. For Sub-recipient, see the address listed on the Grant Sub-Recipient Award page or PoinContact address listed for the Sub-recipient in the DPS/THSSAA Grants Management System (SPARS).

DPS/THSSAA Contact Information

Deputy Assistant Director

Texas Homeland Security State Admin. Agency

Texas Department of Public Safety

P.O. Box 4087

Austin, TX 78773-0220

H. Points of Contacts. Within 30 calendar days of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to the chief elected

official, program, and/or financial points of contact in the DPS/THSSAA grant management system.I. DUNS Number. Sub-recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Numbethe nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 orhttp://fedgov.dnb.com/webform.

J. Central Contractor Registration and Universal Identifier Requirements. Sub-recipient maintains that it has registered on the System for AwardManagement (SAM) at www.sam.gov, or other federally established site for contractor registration, and entered DPS/THSSAA-required information.Sub-recipient shall keep current, and then review and update the information at least annually. Sub-recipient shall keep information current in the SAMdatabase until the later of when it submits this Grant's final financial report or receives final Grant award payment. Sub-recipient agrees that it shall not makeany subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMCircular A-133, Audits of States, Local Governments, and Non-profit Organizations.

K. Indirect Cost Allocation Plan. Sub-recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency toDPS/THSSAA within 30 calendar days of the approval. “Cognizant agency” means the Federal agency responsible for reviewing, negotiating, and approvincost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizantagencies at http://harvester.census.gov/sac/dissem/asp/reports.asp. Unless the basis of the cost plan changes, Sub-recipient only needs to forward theannual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plaand approval letters shall be emailed [email protected]. The Sub-recipient name shall be included in the file name and subject line of the email transmittal.

L. Reporting Total Compensation of Sub-recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350.

1. Applicability and what to report: Sub-recipient shall report whether Sub-recipient received $25 million or more in Federal procurement contracts or finanassistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub-recipient shall report whether 80% or more of Sub-recipient’s annual gross revenuewere from Federal procurement contracts or Federal financial assistance. If Sub-recipient answers “yes” to both questions, Sub-recipient shall report, alongwith Sub-recipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Sub-recipient’s five most highlycompensated executives for the preceding completed fiscal year.

2. Where and when to report: Sub-recipient shall report executive total compensation at www.sam.gov, or other federally established replacement site. Bsigning this Grant, Sub-recipient certifies that, if required, Sub-recipient's jurisdiction has already registered, entered the required information, and shall keepinformation in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its finalfinancial report or receives final payment. Sub-recipient agrees that it shall not make any subaward agreement or contract without first obtaining thesubawardee's mandatory DUNS number.

M. Direct Deposit. If Sub-recipient has not received HSGP or NSGP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to dateaward), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub-recipient shall be emailed to [email protected]. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. “SampCounty DD form”). The direct deposit form is currently available at http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf . Sub-recipient maysimultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with a one-business-day advance

notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details onlineN. Procurements. Sub-recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competsolicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36.

O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(bUniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under this Grant,Sub-recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded any federal department and agency and shall confirm the vendor/subawardee does not have any active “Exclusions” by reviewing the vendor/subawardeeentity information at https://www.sam.gov/portal/public/SAM/.

Q. Management and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administration (M&A),Sub-recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bull365 located athttp://www.fema.gov/grants/grant-programs-directorate-information-bulletins.

R. Personnel Cap. Up to fifty percent (50%) of all HSGP awards received by Sub-recipient may be used for personnel and personnel-related activities asdirected by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). Ingeneral, use of HSGP funding to pay for staff and/or contractor regular time or overtime/backfill, among other items, are considered personnel-related costsSub-recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area workinggroup to DPS/THSSAA [email protected]. Requests for waivers shall be submitted on official Sub-recipient letterhead and be signed by an authorized official of Sub-recipient.Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379.

S. Property Management and Inventory. At least every two (2) years, Sub-recipient shall take a physical inventory and shall reconcile the results withproperty records. Sub-recipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in thcost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of theproperty. (See sample equipment inventory record format athttp://www.txdps.state.tx.us/director_staff/saa/audit_and_compliance.htm ) Sub-recipient shall develop and implement a control system to prevent loss,damage or theft of property and Sub-recipient shall investigate and document any loss, damage or theft of property funded under this Grant.

T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade pashall include the following statement: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusiocontained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implieof the U.S. Department of Homeland Security."

U. Acknowledgement of Federal Funding from DHS. Sub-recipient shall comply with requirements to acknowledge use of Federal funding when issuing

statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Fedfunds.

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http://fedgov.dnb.com/webformhttp://www.sam.gov/http://harvester.census.gov/sac/dissem/asp/reports.aspmailto:[email protected]://www.sam.gov/mailto:[email protected]://www.window.state.tx.us/taxinfo/taxforms/74-176.pdfhttps://www.sam.gov/portal/public/SAM/http://www.fema.gov/grants/grant-programs-directorate-information-bulletinsmailto:[email protected]://www.txdps.state.tx.us/director_staff/saa/audit_and_compliance.htmhttp://www.txdps.state.tx.us/director_staff/saa/audit_and_compliance.htmmailto:[email protected]://www.fema.gov/grants/grant-programs-directorate-information-bulletinshttps://www.sam.gov/portal/public/SAM/http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdfmailto:[email protected]://www.sam.gov/mailto:[email protected]://harvester.census.gov/sac/dissem/asp/reports.asphttp://www.sam.gov/http://fedgov.dnb.com/webform

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V. Use of DHS, DPS, and DPS/THSSAA Seals and Non-Endorsement. Sub-recipient shall obtain DHS, DPS, or DPS/THSSAA’s prior written approval befusing any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate toendorsement of use of funding agencies' seals, logos, crests, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flaglikenesses of Coast Guard officials.

W. Copyright. Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federalfinancial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified informatior other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, Sub-recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform,disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub-recipient shall affixapplicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work firstproduced under this Grant.

Further, Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocable license toreproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1) the copyright in any work developed under an award or

sub-award; and (2) any rights of copyright to which a recipient or Sub-recipient purchases ownership with Federal support. Sub-recipient agrees to consult wDPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding.

X. Quarterly Performance Reports. Sub-recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction.Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) calendar day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result inSub-recipient being unable to request additional reimbursements/advances and may affect future funding.

Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review projecaccomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on thepremises of Sub-recipient or a contractor under this Grant, Sub-recipient shall provide and shall require its contractors to provide all reasonable facilities andassistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall beperformed in such a manner that will not unduly delay the work.

Z. Limited English Proficiency (Civil Rights Act of 1964, Title VI). Sub-recipient shall comply with the Title VI of the Civil Rights Act of 1964 (Title VI)prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to providmeaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP mayentail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, Sub-recipientencouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166,

Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of federal financial assistance, assisting such organizations and entities in understanding their language access obligations. DHS published the required guidain April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting LimitEnglish Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information such as how a recipient of federal financassistance can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on languaassistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance ahttps://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limitedand additional resources on http://www.lep.gov.

AA. Protection of Human Subjects. Sub-recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires thatSub-recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub-recipient shall comply with therequirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 4C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute togeneral knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant womand neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law andnot directly regulated by 45 C.F.R. Part 46.

BB. National Flood Insurance Act of 1968. Sub-recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as

amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act this located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminentcollapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations codified at 44 C.F.R. Part 63.

CC. USA Patriot Act of 2001. Sub-recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate ToolsRequired to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Among other things, it prescribes criminalpenalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that is not reasonably justified by a prophylactic, protectibona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. “Restricted persons,” as defined by thAct, may not possess, ship, transport, or receive any biological agent or

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https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limitedhttp://www.lep.gov/http://www.lep.gov/https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited

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AGENDA ITEM

Discussion and possible action to accept Bond No.76122809 for street and drainage improvements for BelterraSubdivision Section 15 in the amount of $529,175.62.


ACTION-ROADS June 7, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Borcherding WHISENANT N/A

SUMMARY

25B51B77B103B129B155B181B207B233BThe final plat for the Belterra Subdivision Section 15 has been reviewed under the interlocal cooperation agreementwith the City of Dripping Springs and has been approved by County staff. While the plat has been approvedadministratively, formal acceptance of fiscal surety is required by Commissioners Court action.

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AGENDA ITEM

Discussion and possible action to name a private road located at 1240 Elder Hill Road as Bronco Lane.


ACTION-ROADS June 7, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



WHISENANT N/A

SUMMARY

24B49B74B99B124B149B174B199B224B Attached letter describes the road in question. GIS will provide a map of the road. All owners have signed theattached letter.

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1260

1646

1650

1640

1400

610

1620

1270

1250

1240

1250

ELDER H ILL RD

N E L D

E R

H I L L

R D

µNOTE:

THISMAPIS NOTOF SURVEY QUALITYNOGUARANTEE IS EXPRESSED

OR IMPLIED REGARDING ACCURACYOR COMPLETENESS.

SOURCE: HAYS COUNTYDEVELOPMENT SERVICES; CAP

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AGENDA ITEM

Hold a public hearing related to the improvements of roadways within the River Mountain Ranch Subdivision(Sections 1-7) and the Hermosa Paloma Subdivision, which has been incorporated into the River Mountain Ranch

Subdivision, in Precincts 3 and 4 of Hays County, pursuant to Chapter 253 of the Texas Transportation Code.Possible action may follow.


ACTION-MISCELLANEOUS June 7, 2016 TBD

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Conley CONLEY N/A

SUMMARY

26B53B80B107B134B161B188B215B242B

General Counsel and the Director of Transportation will be in attendance to answer any questions of the Court orthe public. The HOA of River Mountain Ranch appointed a roads committee that has been working on the Chapter253 proposal for some time. The subdivision(s) propose improvement and adoption of all or a portion ofapproximately 11 roads within the subdivision(s). The attached map reflects the affected area, under the proposal.The Director of Transportation will be providing an updated estimate of cost for the improvements needed to bringthe roadways up to County road standards.

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Legal Notice

Notice is hereby given that, at a regular meeting of the Hays County Commissioners Court, beginning at 9 a.m. on June 7, 2016, a public hearing will be held pursuant to Chapter 253 of the

Tex

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