PRESENTATIONS & PROCLAMATIONS · 6/12/2012 · june 5, 2012 * * volume u pg 807 state of texas * county of hays * on this the 5th day of june a.d., 2012, the commissioners

Commissioners Court –June 12, 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 12th day of June, 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 3-4 Adopt a Proclamation declaring June, 2012 as Juneteenth month in Hays County. INGALSBE/PETERSON

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 5 Approve payments of county invoices. HERZOG 3 6-11 Approve Commissioners Court Minutes of June 5, 2012. COBB/GONZALEZ

4 12-17 Approve the contract for physicians to provide consultation and supervisory services for the Hays County Personal Health Department Women's Health clinic, Family Planning clients. INGALSBE/HOEVER

5 18 Authorize the Sheriff’s Office to submit two grant applications to the National Tactical Officers Association for equipment and training for the SWAT team. COBB/CUTLER

6 19 Authorize the Sheriff’s Office to submit a grant application to Target on behalf of the Community Outreach Division to fund a Distracted and Impaired Classroom Kit. COBB/CUTLER

7 20 Authorize the Sheriff’s Office to submit an application to Vested Interest in K-9's, Inc. for a K-9 Bullet Proof Vest. COBB/CUTLER

8 21-22 Approve moving funds budgeted in the Development Services Operating Budget to the Information Technology budget for software maintenance. COBB/GARZA

9 23 Approve specifications and authorize purchasing to advertise Request for Proposals related to rental and/or outfitting of the Fitness Room in the Hays County Government Center. INGALSBE/KENNEDY

10 24-25 Amend the Historical Commission budget for the purchase of a Lenovo laptop for $1,037.00 and reimbursement for an antique display cabinet for $450.00. COBB/JOHNSON

ACTION ITEMS

SUBDIVISIONS

11 26-29 Discussion and possible action to cancel Triple Creek Ranch Section Three; hold a public hearing. WHISENANT/MCINNIS

MISCELLANEOUS

12 30 Discussion and possible action to authorize Institutional OSSF Permit and grant a variance to Section 10-M(B) of the Hays County Rules for On-Site Sewage Facilities at 6905 S. Old Bastrop Road, San Marcos, Texas. INGALSBE/GARZA

13 31-34 Discussion and possible action to adopt a resolution requesting the Austin City Council to continue support for and adoption of SH 45 (SW) in the Imagine Austin Comprehensive Plan and the Austin Metropolitan Area Transportation Plan. JONES

14 35-45 Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Thomas Staudt, d/b/a Staudt Surveying, for survey work and amend the budget accordingly. CONLEY/GARZA

15 46-50 Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Erin Banks, d/b/a Banks and Associates, for engineering services and amend the budget accordingly. CONLEY/GARZA

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.

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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.

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

18 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

19 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

20 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 8th day of June, 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

Adopt a Proclamation declaring June, 2012 as Juneteenth month in Hays County.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS June 12, 2012 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 Please see attached Proclamation.

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PROCLAMATION DECLARING JUNE, 2012 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 receive word 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 Juneteenth Emancipation Day an official state holiday in Texas; and WHEREAS, the Hays County community is celebrating Juneteenth , 2012 with a variety of special events, including the Dunbar Heritage Association’s neighborhood festival, Juneteenth Scholarship Cake Auction, Heritage Banquet, Juneteenth Charity Barbecue Cook-off, Parade and other festivities, including: music, food booths and children’s activities. NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners’ Court does hereby proclaim June, 2012 as:

JUNETEENTH MONTH IN HAYS COUNTY

And calls upon all citizens of Hays County to celebrate this significant event throughout the month and to recognize the importance of Juneteenth to human freedoms so cherished by the United States.

ADOPTED THIS THE 12th DAY OF JUNE, 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

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AGENDA ITEM

Approve payment of County invoices.


CONSENT June 12, 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 COMMISSIONERS COURT MINUTES OF JUNE 5, 2012


CONSENT June 12, 2012

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



GONZALEZ COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

JUNE 5, 2012 ***** ***** VOLUME U PG 807

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 5TH DAY OF JUNE 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 LIZ Q. GONZALEZ COUNTY CLERK

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Commissioner Precinct 2 Mark Jones 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 Jane Dojutrek – Buda resident, Alan Cameron – Wimberley resident, and Kate Johnson – Kyle resident made public comments. RECOGNIZE 25 YEARS OF SERVICE BY MARILYN BEALS TO THE CLAIBORNE LOG HOUSE IN KYLE, TEXAS Commissioner Jones gave a brief history of Marilyn Beals and the work she has done at the Claiborne Log House. Kate Johnson of the Hays County Historical Commission also spoke of how Marilyn has made a difference in a lot of people’s lives. Commissioners all gave their thanks and appreciation to Ms. Beals. 28135 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County Invoices in the amount of $1,588,652.89 and add an invoice in the amount $214,587.00 to Gracy Title Company for Right of Way of FM 1626 as submitted be the County Auditor. All voting “Aye”. MOTION PASSED 28136 APPROVE COMMISSIONERS COURT MINUTES OF MAY 22, 2012 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of May 22, 2012 as presented by the County Clerk. All voting “Aye”. MOTION PASSED 28137 APPROVE UTILITY PERMITS A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Utility Permit #853 on 687 Falconwood Drive issued to PEC, Permit #854 on 1025 Spoke Hollow Drive and Permit #855 on Woodacre Dr. issued to Verizon as submitted by the County Road Department. All voting “Aye”. MOTION PASSED 28138 AMEND BUDGET OF JUVENILE CENTER FOR CONTINUING EDUCATION FROM

OTHER LINE ITEMS Juvenile Center requires additional training expense; can fund from several line items within its budget. Amount Required $1,000 to 070-685-00.5551 Continuing Ed. from several line items. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to amend Budget of Juvenile Center for Continuing Education from other line items. All voting “Aye”. MOTION PASSED 28139 APPROVE CONTRACT AMENDMENT BETWEEN THE DEPARTMENT OF STATE

HEALTH SERVICES (DSHS) AND THE PERSONAL HEALTH DEPARTMENT (PHD) FOR THE FY 12 PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT AND AMEND THE BUDGET ACCORDINGLY

The Amendment (Categorical Budget Change Request) will increase the grant amount by $10,201.00 from $145,590,103.00 to $156,103.00 and the County match by $1,020.00 Match is an in-kind contribution of staff salaries/benefits and other budgeted program costs. Budget Amendment: Increase Revenue 120-675-99-058.4301 $10,201. This budget amendment increase revenue for additional funding to cover salaries/benefits for the month of August. It is not necessary to budget additional salaries and fringe because these expenses are already budgeted. Increase Expense 120-675-99-058.5429 $7,000; Increase Expense 120-675-99-058.5501

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VOLUME U PG 808 ***** ***** JUNE 5, 2012 $1,200; Decrease Expense 120-675-99-058.5551 ($1,782); Decrease Expense 120-675-99-058.5712_400 ($1,418); Decrease Expense 120-675-99-058.5719_700 ($5,000) this budget amendment decrease equipment expense in order to cover travel and software & maintenance expense. Decrease Expense 120-675-00.5021($4,651); Decrease Expense 120-675-00.5101_100 ($288); Decrease Expense 120-675-00.5101_200 ($68); Decrease Expense 120-675-00.5101_300 ($507); Increase Expense 120-765-00-058.5021 $4,651; Increase Expense 120-675-00-058.5101_100 $288; Increase Expense 120-675-00-058.5101_300 $507; Contract amendment 001B states that Hays County will contribute $8,977 in salaries and fringe as part of the match. DSHS requires the County to record this match separate from the Personal Health operating budget (120-675-00). This budget amendment moves $5,514.00 in salaries and fringe from Personal Health operating. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Contract Amendment between the Department of State Health Services (DSHS) and the Personal Health Department (PHD) for the FY 12 Public Health Emergency Preparedness (PHEP) Grant and amend the budget accordingly. All voting “Aye”. MOTION PASSED 28140 APPROVE AND RECOGNIZE THE ATTACHED SLIDING FEE SCHEDULE PROVIDED

FOR OUR PRIVATE PAY, WELL-CHILD AND WOMEN’S HEALTH CLIENTS Due to the agreement with the National Health Service Corps (NHSC) the County is required to maintain a sliding fee schedule for all program services. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve and recognize the attached sliding fee schedule provided for our Private Pay, Well-Child and Women’s Health clients. All voting “Aye”. MOTION PASSED 28141 ACCEPT THE DELIVERY OF THE INTERNAL EXAMINATION REPORTS FOR THE

HAYS COUNTY JUSTICE OF THE PEACE PRECINCT 1, PLACE 1 OFFICE, JUSTICE OF THE PEACE PRECINCT 4 OFFICE, AND THE HAYS COUNTY RECYCLING AND SOLID WASTE DEPARTMENT

In accordance with subsection 115.002 of the Texas Local Government Code, the Auditor’s Office performed an internal examination of the Hays County Justice of the Peace Precinct 1, Place 1 financial records for the period of October 1, 2010 to December 31, 2011. The internal examination consisted of reviewing disbursements, receipts, deposits, fixed assets, and other supporting documentation. Based on the internal examination, except for the following findings and recommendations, cash receipts and disbursements appear to be adequately accounted for and related records appear to be accurately maintained in accordance with stator requirements under subsection 112.001 of the Texas Local Government Code. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to accept the delivery of the Internal Examination Reports for the Hays County Justice of the Peace Precinct 1, Place 1 Office, Justice of the Peace Precinct 4 Office, and the Hays County Recycling and Solid Waste Department. All voting “Aye”. MOTION PASSED 28142 AUTHORIZE THE SHERIFF’S OFFICE TO SUBMIT AN APPLICATION TO THE

MARY BONNER COMMUNITY NEEDS GRANTS PROGRAM FOR A GRANT TO FUND TRAINING FOR VICTIM ASSISTANCE VOLUNTEERS

The Bonner Program is a grant award program through the First Presbyterian Church of San Marcos, Texas with an aim to improve the quality of life for people in need. The Hays County Sheriff’s Office Victim Assistance Division was invited to apply for this grant by the Chair of the Bonner Program. The grant application requests funding for victim assistance volunteers to attend three separate training conferences with a budget of $4,540.00. Approved proposals with be funded from July 1, 2012 through June 30, 2013. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the Sheriff’s Office to submit an application to the Mary Bonner Community Needs Grants Program for a grant to fund training for victim assistance volunteers. All voting “Aye”. MOTION PASSED 28143 AMEND THE GOVERNMENT CENTER BUILDING FUND TO REFLECT ACTUAL

EXPENSES IN THE APPROPRIATE BUDGET LINE ITEM Total funds were budgeted in the construction line item and need to be reallocated to record the expenses in the appropriate general ledger line item. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to amend the Government Center Building Fund to reflect actual expenses in the appropriate budget line item. All voting “Aye”. MOTION PASSED 28144 MOVE BUDGETED FUNDS FROM THE FM110 PASS THROUGH FINANCE

PROJECT TO THE IH35 AT YARRINGTON PROJECT AS APPROVED PER THE RESOLUTION DATED APRIL 10, 2012

On April 10, 2012 the Commissioners Court adopted a resolution to amend the PTF Agreement to address the FM 110 segment and add the IH 35 Yarrington Project. Funds need to be moved from the FM 110 project into the Yarrington project to appropriately track the expenses. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to move budgeted funds from the FM110 Pass Through Finance project to the IH35 at Yarrington project as approved per the resolution dated April 10, 2012. All voting “Aye”. MOTION PASSED

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JUNE 5, 2012 ***** ***** VOLUME U PG 809 28145 ACTION TO AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 3461 SOUTH OLD

BASTROP HWY San Marcos Community Church is proposing and OSSF to serve the church located at 3461 South Old Bastrop HWY in precinct 1. The property is 22.99 acres. Water will be supplied by Public Water Supply. This OSSF is a low Pressure Dosing System in which the effluent will be pumped with an equalization tank to a Low Pressure Dose Field. The system is designed for a maximum of 300 gpd. No variances are requested. The system designer is Andy Grubbs. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize Institutional OSSF Permit at 3461 South Old Bastrop Hwy. All voting “Aye”. MOTION PASSED 28146 AUTHORIZE AMENDMENT #3 FOR BROADDUS & ASSOCIATES PROJECT

MANAGEMENT FEES AND THE PURCHASE OF THE IDENTISYS CARD READERS FOR THE JAIL IMMEDIATE NEEDS PROJECT USING OWNER CONTINGENCY SAVINGS

A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize Amendment #3 for Broaddus & Associates project management fees and the purchase of the IdentiSys Card Readers for the Jail Immediate Needs project using owner contingency savings. All voting “Aye”. MOTION PASSED 28147 APPROVE A PROFESSIONAL SERVICE AGREEMENT (PSA) BETWEEN HAYS

COUNTY AND CMA ENGINEERING FOR PRELIMINARY ENGINEERING OF IMPROVEMENTS TO ELDER HILL ROAD – THIS WILL BE BROUGHT BACK IN THE NEXT 6-8 WEEKS

Commissioner Whisenant and Jerry Borcherding Transportation Director, Felix J. Manka of CMA Engineering, and Mike Aulick of Aulick & Associates spoke. Major safety improvements are needed on Elder Hill Road. This project will provide alignment recommendations and related ROW requirements. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to move this item for discussion in the next 6-8 weeks. All voting “Aye”. MOTION PASSED 28148 KYLE PROJECT LLC SUBDIVISION [12-2-12 – 1 LOT] APPROVE PRELIMINARY

PLAN Roxie McInnis Subdivision Coordinator gave staff recommendation. The Kyle Project, LLC Subdivision is a proposed division of land located at the intersection of Mathias Lane and Windy Hill Road in Precinct 2, resulting in one 2.9545 acre lot. The subdivision will be served by an on-site sewage facility and Goforth Water at the time of development. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve preliminary plan for Kyle Project LLC Subdivision. All voting “Aye”. MOTION PASSED 28149 ADOPT AN ORDER AUTHORIZING ALTERNATIVE PROCEDURES FOR PLAT

REVISION, PURSUANT TO CHAPTER 232.0095 IN THE TEXAS LOCAL GOVERNMENT CODE

Clint Garza Director of Development Services spoke. Chapter 232.0095 of the Texas Local Government Code allows Texas Counties to adopt provisions from Chapter 212 of the TLGC as alternatives to the provisions in section 232.009 (plat revisions). Specifically, the authorized sections are 212.013, 212.014, 212.015, and 212.016 which govern plat vacations, replatting and plat amendments. Staff feels adopting these alternate procedures to 232.009 are appropriate because they will establish a uniform set of state established guidelines throughout the county regardless of geographic or jurisdictional location. Development within the extraterritorial jurisdiction of any Hays County municipality will already be subject to these provisions, this would simply apply to the outlying areas. A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to adopt an order authorizing alternative procedures for plat revision, pursuant to Chapter 232.0095 in the Texas Local Government Code. All voting “Aye”. MOTION PASSED

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VOLUME U PG 810 ***** ***** JUNE 5, 2012 28150 AUTHORIZE INSTITUTIONAL OSSF PERMIT AND GRANT A VARIANCE TO

SECTION 10-M(B) OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AT 2630 GOFORTH RD, KYLE, TEXAS

Clint Garza Director of Development Services spoke. Isidro and Maria Morales are proposing an OSSF to serve a Dollar General Store at 2630 Goforth Rd. in Pct. 1. This property is 1.25 acres. Water will be supplied by Public Water Supply. This OSSF is a standard treatment system in which the effluent will be pumped with an equalization tank to a drip irrigation dispersal field. The system is designed for a maximum of 320 gpd. The system designer, Russell Cain, R.S. is requesting a variance to Section 10-M(B) of the Hays County rules for on-site sewage facilities which requires flow equalization prior to the treatment tank. His justification for the variance is : “Tanks are oversized by 25% to eliminate the need for flow equalization. Standard treatment is not susceptible to upset from slight flow variations, as are aerobic treatment units. Variations in flow are expected to be slight with this type of business. A variance is requested for the purpose of using the oversize septic tank without flow equalization, equal protection to public health and safety will be achieved by using flow equalized drip irrigation dispersal.” A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize Institutional OSSF Permit and grant a variance to Section 10-M(B) of the Hays County Rules for On-Site Sewage Facilities at 2630 Goforth Rd, Kyle, Texas. All voting “Aye”. MOTION PASSED 28151 AUTHORIZE THE FIRE MARSHAL TO PURCHASE IDENTIFICATION CARDS FOR

EMERGENCY RESPONDERS USING FUNDS FROM COUNTY WIDE CONTINGENCIES AND AMEND THE BUDGET ACCORDINGLY IN AN AMOUNT OF $1,300

Mark Chambers Hays County Fire Marshall spoke. The cards are needed for implementation of a county wide credentialing program. This program is needed due to the fact that most emergency workers are required by state statute to be identified while performing duties. We currently do not have any standardized system for the identification of emergency workers. This system will be utilized by all emergency services throughout Hays County which will readily identify emergency responders. During the past, ID cards were issued without any checks and balances. This system will give the county a full database of emergency responders and certification levels. All Hays County Fire Chiefs and EMS Coordinators have agreed to utilize the system. After implementation, the system will be introduced into the law enforcement side of emergency responders. This is a web based system and the County already owns the printers, therefore the only cost associated with this program will be for the identification cards. Budget Amendment: Increase Fire marshal General Supplies – 001-665-00.5201 $1,300, Decrease County Wide contingencies – 001-645-00.5399 ($1,300). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the Fire Marshal to purchase identification cards for emergency responders using funds from County Wide contingencies and amend the budget accordingly in an amount of $1,300. All voting “Aye”. MOTION PASSED 28152 APPROVE INCREASING THE NOT-TO-EXCEED FEE AND COMPENSATION CAP ON

THE CH2M HILL PROFESSIONAL SERVICE AGREEMENT FOR NECESSARY CONSTRUCTION PHASE SERVICES IN ACCORDANCE WITH SUPPLEMENT NO. 3 TO WORK AUTHORIZATION NO. 1 ON THE RM1826 AT NUTTY BROWN ROAD PROJECT IN PRECINCT 4

Commissioner Whisenant Precinct 4 and Allen Crozier with HDR spoke. A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to approve increasing the not-to-exceed fee and compensation cap on the CH2M Hill Professional Service Agreement for necessary construction phase services in accordance with Supplement No. 3 to Work Authorization No. 1 on the RM1826 at Nutty Brown Road project in Precinct 4. All voting “Aye”. MOTION PASSED Clerk’s Note Agenda Item #20 RE: 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 – was pulled ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Mark Chambers Hays County Fire Marshall spoke of the drought index at 280. He advises to not impose the Burn Ban at this time. Clerk’s Note Agenda Item #22 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

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JUNE 5, 2012 ***** ***** VOLUME U PG 811 Clerk’s Note Agenda Item #23 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 #24 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 Jones, seconded by Commissioner Whisenant 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 June 5, 2012.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

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AGENDA ITEM

Approve the contract for physicians to provide consultation and supervisory services for the Hays County Personal Health Department Women's Health clinic, Family Planning clients.


CONSENT June 12, 2012 $100.00 per visit

LINE ITEM NUMBER 120-675-00.5448

AUDITOR USE ONLY

AUDITOR COMMENTS: Mark Kennedy may want to review to determine if additional conditions are needed in the agreements to protect the County PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG


Jade Hoever, WHNP-BC INGALSBE N/A

SUMMARY 28B62B96B130B164B198B232B266B300BDr. Charles Anderson has been the physician providing consultation and supervisory services to Family Planning to our Women’s Health Clinic for the past many years. He would like to step down from this responsibility. 29B63B97B131B165B199B233B267B301BDiscussions have taken place with the contracted physicians we presently have in place. They have agreed to provide the same services and will be responsible on an as needed basis during their usual visits. 30B64B98B132B166B200B234B268B302BThese are services rendered after delivery. 31B65B99B133B167B201B235B269B303BThis is a contract for Drs. Barrett Blaue, Kari Fay, Teresa Irwin, Beth D. Reid, John Bosco, Jennifer Goss and Genoveva Priscaru to provide consultation and supervisory services to the Hays County Personal Health Department Women's Health clinic and it's Family Nurse Practitioner. 32B66B100B134B168B202B236B270B304BThe physicians will provide these services for the clinic's Family Planning clients. 33B67B101B135B169B203B237B271B305BThese services will be provided from July 1, 2012 through June 30, 2013

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AGENDA ITEM

Authorize the Sheriff’s Office to submit two grant applications to the National Tactical Officers Association for equipment and training for the SWAT team


CONSENT June 12, 2012 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Sheriff Gary Cutler COBB N/A

SUMMARY 26B55B84B113B142B171B200B229B258BThe National Tactical Officers Association is a non-profit organization for SWAT teams which offers several equipment and training grants to association members. The Hays County Sheriff's Office is requesting authorization to submit two grant applications to this organization for equipment and training. 27B56B85B114B143B172B201B230B259BThe first grant is for SLR15 rifles and training/certification. Two SLR15 Rifles will be provided to the awarded agency. In addition to receiving the Rifles, the awarded agency will receive training and certification for two people as an Armorer on the AR15/M16/M4 weapons system. The training provided for this grant is to ensure the awarded applicant will be able to maintain the rifles for many years. 28B57B86B115B144B173B202B231B260BThe second grant application is for two members of the Hays County SWAT team to attend Explosive Breach training. The Explosive Breaching Course is geared toward personnel wishing to gain the knowledge and expertise to design an Explosive Breaching Program for their agency, or expand on an existing Explosive Breaching Program already in place.

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AGENDA ITEM

Authorize the Sheriff’s Office to submit a grant application to Target on behalf of the Community Outreach Division to fund a Distracted and Impaired Classroom Kit.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:




SUMMARY 26B53B80B107B134B161B188B215B242BEach year Target offers the Target Blue grant for law enforcement agencies to apply for funding for equipment or community outreach events. The Hays County Sheriff's Office is requesting authorization to apply for a Target Blue grant to fund a Distracted and Impaired Classroom Kit. The Distracted and Impaired Classroom Kit provides tools to demonstrated and educate about the dangers of impaired and distracted driving using an engaging and hands-on approach. The kit is valued at $2,195.00 and includes Fatal Vision® goggles; educational dvd's; zip-up PVC bags for cell phones to reduce to distraction of cell phones while driving, 12 distracted driver posters; Distract-A-Match® game which demonstrates the impact of distractions on our reaction time and judgment; Fatal Reaction® Unit ; six foam stress balls to promote the message "balls bounce, people don't"; germicidal disposable wipes, Fatal Vision® program guide on CD; Fatal Vision® carrying case; three Fatal Vision® goggle bags; Fatal Reflections® , which is a computer software system which allows people to see how they would look after being in a car accident; three yellow and black "Walk-the-Line" tape.

19




AGENDA ITEM

Authorize the Sheriff’s Office to submit an application to Vested Interest in K-9's, Inc. for a K-9 Bullet Proof Vest.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:




SUMMARY 26B53B80B107B134B161B188B215B242BVested Interest in K-9's, Inc. is a 501c(3) non-profit fundraising organization dedicated to providing bullet and stab resistant vests for law enforcement K-9's throughout the United States. The Sheriff's Office is requesting authorization to submit an application for a donation of a K-9 vest for Hays County. The vest provided by Vested Interest in K-9's, Inc. is a K-Max Tactical Armor Vest made by Protective Products Enterprise. The vest is stab resistant and bullet proof. The K-Max Tactical Armor Vest is valued at $1,006.00 and has a five year warranty.

20




AGENDA ITEM

Move funds budgeted in Development Services Operating Budget to Information Technology budget for software maintenance.


CONSENT June 12, 2012 $300.00

LINE ITEM NUMBER 001-680-00.5429

AUDITOR USE ONLY AUDITOR COMMENTS: See budget amendment

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG


CLINT GARZA COBB N/A

SUMMARY 28B60B92B124B156B188B220B252B284BThe Development Services Department is in the process of changing permitting software to a new provider. We did not renew the maintenance agreement with the old provider as we did not expect to use it this long. At this time software support and maintenance is required but funds have not been allocated. There are adequate savings in continuing education to pay for the maintenance fee. 29B61B93B125B157B189B221B253B285BBudget Amendment: 30B62B94B126B158B190B222B254B286BDecrease Dev Svcs Cont Education: 001-657-00.5551 - ($300) 31B63B95B127B159B191B223B255B287BIncrease IT Software Maintenance: 001-680-00.5429 - $300

21

22




AGENDA ITEM

Approve specifications and authorize purchasing to advertise Request for Proposals related to rental and/or outfitting of the Fitness Room in the Hays County Government Center



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



KENNEDY/INGALSBE INGALSBE N/A

SUMMARY 26B54B82B110B138B166B194B222B250BAfter performing a recent survey departments within Hays County, the Civil Division and the Hays County Building Committee are prepared to receive and review RFPs for the provision of equipment within the Fitness Room of the Hays County Government Center. 27B55B83B111B139B167B195B223B251BAs has been done in the past, after RFPs are considered by the Building Committee, recommendations would be brought to the Commissioners Court.

23




AGENDA ITEM

Amend the Historical Commission budget for the purchase of a Lenovo laptop for $1,037.00 and reimbursement for an antique display cabinet for $450.00.


CONSENT June 12, 2012 $1,487.00

LINE ITEM NUMBER See budget amendment below

AUDITOR USE ONLY

AUDITOR COMMENTS: The Court will need to consider waiving the County's purchasing policy for the display cabinet since the purchasing policy was not followed. PURCHASING GUIDELINES FOLLOWED: NO AUDITOR REVIEW: BILL HERZOG


Kate Johnson COBB N/A

SUMMARY 28B61B94B127B160B193B226B259B292BThe display cabinet will be used for historical objects and the laptop will be used for daily office activities. This amendment does not require a match from the county. 29B62B95B128B161B194B227B260B293BBUDGET AMENDMENT: 30B63B96B129B162B195B228B261B294BIncrease Expense 001-676-00.5712_400 computer equip operating $1,037.00 31B64B97B130B163B196B229B262B295BIncrease Expense 001-676-00.5719_400 misc equip operating $450.00 32B65B98B131B164B197B230B263B296BDecrease Expense 001-676-00.5448 contract services ($1,487.00)

24

25




AGENDA ITEM

Discussion and possible action to cancel Triple Creek Ranch Section Three; hold a public hearing.


ACTION-SUBDIVISIONS June 12, 2012

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



ROXIE MCINNIS WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BTriple Creek Ranch Section Three consists of three parcels covering 64.038 acres. The proposed cancellation will convert these tracts back into acreage.

26

CANCELLATION OF

TRIPLE CREEK RANCH SECTION THREE SUBDIVISION

State of Texas County of Hays

Whereas, the Triple Creek Ranch Section Three subdivision consists of three parcelstwo lots, Lot 2 is of the original plat recorded in Book 7, pages 1-2. Lot 1-A was re-platted and is recorded in Book 8, Pages 31-32. Lot Pt of 1 was excluded from the subdivision plat when Lot-1A was re-platted

Whereas, Lot 1-A is owned by Kurt T. Haus, Lot Pt of 1 is owned by Arroyo Mesa Ranch Co Ltd,

Clare Stedman and Lot 2 is owned by AUSTIN JSB LTD., Sinclair Black.

Whereas, Kurt T. Haus, Arroyo Mesa Ranch Co Ltd and AUSTIN JSB LTD., who collectively constitute the owners of the lots in the Triple Creek Ranch Section Three subdivision desire to cancel said subdivision plats so as to destroy the force and effect of the recording of such subdivision plats.

Now, Therefore, know all men by these presents: That Kurt T. Haus, Arroyo Mesa Ranch Co Ltd. and AUSTIN JSB LTD., for and in consideration of the premises stated herein and pursuant to the provisions of Chapter 232.008 of the Local Government Code, do herby cancel Triple Creek Ranch Section Three subdivision. EXECUTED THE DAYS HEREAFTER NOTED.

Date Owner’s Signature

__________________ ------------------------------------------------ AUSTIN JSB LTD., Sinclair Black

__________________ ______________________________ Arroyo Mesa Ranch Co Ltd, Clare Stedman

__________________ ______________________________ Kurt T. Haus

27

ACKNOWLEDGEMEBNTS


Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Sinclair Black, known to be the person whose name is subscribed to the foregoing instrument as the legal representative of AUSTIN JSB LTD. and he acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of __________________ , 2012

_________________________________________ Printed name

Before me, the undersigned authority, a Notary Public in and for the State of Texas

My commission expires:


Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Kurt T. Haus, known to be the person whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity therein stated.


_________________________________________ Printed name



28


Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Clare Stedman, known to be the person whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity therein stated.


_________________________________________ Printed name



APPROVAL OF SUBDIVISION CANCELLATION

On __________________________, 2012, the Hays County Commissioners Court approved the cancellation of the subdivision known as Triple Creek Ranch Section Three, as described above.

EXECUTED, this ______ day of ______________________ , 2012

Hays County, Texas

_________________________________ Commissioners Court Clerk

29




AGENDA ITEM

Discussion and Possible Action to Authorize Institutional OSSF Permit and grant a variance to Section 10-M(B) of the Hays County Rules for On-Site Sewage Facilities at 6905 S. Old Bastrop Road, San Marcos, TX


ACTION-MISCELLANEOUS June 12, 2012 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Clint Garza, Development Services Director INGALSBE N/A

SUMMARY 26B62B98B134B170B206B242B278B314B: Kenellie Properties, LLC is proposing an OSSF to serve a Concrete Precast Plant and fabrication business at 6905 S. Old Bastrop Road in Precinct 1. 27B63B99B135B171B207B243B279B315BThis property is 45.6 acres. Water will be supplied by Public Water Supply. 28B64B100B136B172B208B244B280B316BThis OSSF is a standard treatment system in which the effluent will be pumped to a non- standard low pressure dosed dispersal field. 29B65B101B137B173B209B245B281B317BThe system is designed for a maximum of 496 gpd. 30B66B102B138B174B210B246B282B318BThe system designer, Greg Johnson, P.E. is requesting a variance to Section 10-M(B) of the Hays County rules for on-site sewage facilities which requires flow equalization prior to the treatment tank. His justification for the variance is: 31B67B103B139B175B211B247B283B319B1. Flow from the business is expected to be uniform throughout the day and flow equalization will not provide any benefit 32B68B104B140B176B212B248B284B320B2. Design includes a septic tank that is larger than required (1250 gallon required-1500 gallon provided). 33B69B105B141B177B213B249B285B321B3. An equalization tank may cause solids to be emulsified and may prevent proper separation in the septic tank causing entrained solids to be pumped to the disposal field 34B70B106B142B178B214B250B286B322B4. Installation of a hydraulic equalization tank prior to the septic tank will provide no benefit to the operation of this type of system. 35B71B107B143B179B215B251B287B323B5. This type of system treats the wastewater in the disposal field and my design utilizes flow equalization to the field.

30




AGENDA ITEM

Discussion and possible action to adopt a resolution requesting the Austin City Council to continue support for and adoption of SH 45 (SW) in the Imagine Austin Comprehensive Plan and the Austin Metropolitan Area Transportation Plan.


ACTION-MISCELLANEOUS June 12, 2012 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jones/Michael Aulick JONES N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe Austin City Council is scheduled to hold a public hearing on the draft Imagine Austin Comprehensive Plan on June 14. The Austin Planning Commission has recommended that the City Council delete SH 45 (SW) from the Comprehensive Plan and the adopted Austin Metropolitan Area Transportation Plan, even though the roadway is adopted in the current CAMPO 2035 Regional Transportation Plan and is the subject of ongoing implementation studies by CAMPO and TxDOT staff

31

RESOLUTION STATE OF TEXAS § COUNTY OF HAYS § WHEREAS, SH 45 (SW) has been included in the last four CAMPO Regional Transportation Plans adopted in 1994, 2000, 2005 and 2010; and WHEREAS, SH 45 (SW) from Loop 1 to FM 1626 is included in the City of Austin Austin Metropolitan Area Transportation Plan; and WHEREAS, the incorporated area and the extraterritorial jurisdiction of the City of Austin extends into Hays County; and WHEREAS, Hays County and the City of Austin have long worked together in collaboration on regional projects, including the Transit Working Group; and WHEREAS, in November, 1997 Travis County voters approved $3.3 million of Travis County Road Bonds to purchase the right-of-way needed for SH 45 (SW) from Loop 1 to FM 1626; and WHEREAS, between 1998 and 2001 Travis County purchased the right-of-way needed for SH 45 (SW) from Loop 1 to FM 1626; and WHEREAS, in 1987 the Texas Transportation Commission issued a minute order which required Hays County to provide right-of-way within Hays County for SH 45 (SW) at a cost of $336,000, which Hays County did purchase; and WHEREAS, the CAMPO SH 45 (SW) Committee appointed by Senator Kirk Watson and chaired by Judge Sam Biscoe recommended to the CAMPO Transportation Policy Board in 2009 that SH 45 SW be built to connect Loop 1 and FM 1626; and WHEREAS, strict environmental protection for construction of SH 45 (SW) is required by the State Final Environmental Impact Statement approved in 1989 and the U.S. District Court Consent Decree issued in 1990; and WHEREAS, much of the land along SH 45 (SW) from Loop 1 to FM 1626 is set aside as Water Quality Protection Land by the City of Austin and is therefore not available for development; and WHEREAS, many Hays County residents travel north on FM 1626 and on Brodie Lane through Shady Hollow to reach Loop 1 at Slaughter Lane to access employment, retail and recreational destinations in the City of Austin, thereby creating undesirably high traffic levels in the Shady Hollow neighborhood; and WHEREAS, Hays County is committed to construct under TxDOT’s Pass-Through Financing program a $70 million expansion of FM 1626 to a four-lane divided roadway from FM 2770 to the Hays/Travis County Line; and

32

WHEREAS, the Hays County Commissioners Court adopted a resolution on September 27, 2011 requesting Travis County to cooperate with Hays County to construct a 2 to 3-lane county road between Loop 1 and FM 1626, for which Hays County committed up to $5.0 million; NOW, THEREFORE, BE IT RESOLVED that Hays County requests that the Austin City Council continue support for and adoption of SH 45 (SW) from Loop 1 to FM 1626 in the Imagine Austin Comprehensive Plan and the Austin Metropolitan Area Transportation Plan. RESOLVED, ORDERED, AND DECLARED this the 12th day of June 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

33

SH130

FM 1431

FM97

3

US

183

SH 45 (N)

FM 967

FM18

26

US183-A

FM812

FM68

5

FM1626

FM16

25

FM 969 (MLK Blvd.)

IH35

Deck

erLn

.

SH 45 (S)

US 79

RM

2244

SH 71 (W)

William Cannon Dr.

Slaughter Ln.

Dess

auRd

.

Lakeline Blvd.

Pfluger Ln.

Pearce Ln.

Loop

360

FM31

77

FM27

70

FM 2769

Cam

eron

Rd.

Lam

arBl

vd.

Oltorf St.

Gregg Ln.

Anderson Mill Rd.

RM2222

FM 1327

Esca

rpm

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lvd.

FM2001

Howard Lane

Arte

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Brushy Creek Rd.

Burn

etR

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SH 71 (E)

Kelly Ln.FM 1825

McN

eil R

d.

Taylo

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Southwest Pkwy.

Braker Ln.

RM

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Sprin

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.

CR 105 (Turnersville Rd.)

RM 2243

Lim

eC

reek Rd.

Wes

t Gat

eB

lvd.

Fifty-first St.

Q

uinlan Park Rd.

FM 1626

Decker Lake Rd.

Pflugerville East Rd .

Twelfth St.

Brod

ieLn

.

CR 113

Rowe Ln.

Burleson Rd.Davis Lane

Thax

ton

Rd.

McNeil Dr.

RM62

0(S

H45

)

Loyola Ln.Man

orRd.

Lohm

anFo

rdR d.

Con

gres

sAv

e.

Loop 4

Red

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Seventh St.

Met

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.

Jollyville Rd.

Elroy Rd./ Fagerquist R

Stas

sn

ey Ln.

Nutty

Brown

Rd

FM2304

(Manchac a

Rd.)

Chic

onSt

.

F itzhugh Rd.

Pflugerville Loop

Enfield Rd.

John

ny

Morris

Rd.

Duval Rd.

Red Bu d Tr.

Park St.

S.Fi

rst S

t.

Boyc

e Ln.

Lam

arBl

vd. (

Loop

275)

Wells BranchPkwy.

FM 3406

Littig Road

LittleElm Trail

FM 3238 (Hamilton Poo l

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McK

inne

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Pkwy.

Gua

dalu

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.

FM 734(Parm

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Loop

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AC

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)

Airport (SH

111)

Lakeway Blvd.

Wyom

ingSprings

Dr.

City Park Rd.

Riverside Dr.

Forty-fifth St.

Steck Ave.

Arte

rial A

(Pflu

gerv

ille)

Becke

ttR

d.

CR

172

Gro

veBl

vd.

Con

gres

sAv

e.(L

oop

275)

15th St.R

oss Rd.

BlakeM

anor Rd.

Crysta l Falls Pkwy

Old Settlers Blvd

BullickH

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Von

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ntus

Rd.

/Blo

cker

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Blocke

r Ln.

Forest Creek

FM1460

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CR

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Greenlaw

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ssC

reek

R

d.

Arterial A

(Trav isC

ounty)

New Hope Dr.

Blue Goose Rd.

Rosewood Ave.

Ple

asan

t Val

ley

Rd.

Lakeline Mall Dr.

Expo

sitio

nBl

vd.

BRIH

35(M

aysAvenue)

Justin Ln.

Frate Barker Rd.

US 290 (W)

Lakeline Blvd./Nee nah Ave.

St. Johns Ave.

Gile

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.

CR

122

Riverp

lace

Blv

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AndersonM

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Parkf

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FM13

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Airp

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Ferguson Ln.

CR 114 (Chandler Rd.)

Arte

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nd

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Barton Springs Rd.

Tayl

orLn

./Old

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bro

Rd.

Woodward St.

Berk

man

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Spicewood Springs Rd.

LakeAustin

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Windsor Rd.

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Koenig Ln.Northeast D

r.

W. Cesar Chavez

O'Conner Dr.

Peyton Gin Rd.

D avisLane/Deer Lane

Old

Kim

bro

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Thirty-fifth St.

Parmer Ln.

Gregg Manor R

d.

Wal

shTa

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Todd

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Arterial B(C

edar Park)

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y./North town Pkwy.

But

tercup Creek Blvd.

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oun t

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Old

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SH45

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Greenlaw

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Stassney Ln.

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eron

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FM734

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ricBl

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US 290 (E)

Sa m Bass Rd.

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FM97

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BoyceLn.

S.Fi

rst S

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Rundberg Ln.

Jollyville Rd.

Westlake Dr.

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Park St.

Thax

ton

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Brod

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sant

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620

2025 Austin Metropolitan Area Transportation PlanAdopted by Austin City Council on June 7, 2001 (As Amended August 5, 2003)

Produced by City of AustinTransportation, Planning and Sustainability DepartmentLong Range Land Use and Transportation PlanningSeptember 17, 2004 mlp

This map has been produced by the City of Austinfor the sole purpose of aiding regional planning andis not warranted for any other use. No warranty is

made regarding its accuracy or completeness.

0 4,600 9,200 13,8002,300

Feet

FWYPWY 6PWY 4EXP 6

MAD 8MAD 6MAD 4MAD 2

MAU 6MAU 4MAU 2MNR 4MNR 2

Desired Development Zone

Drinking Water Protection Zone

City of Austin Jurisdiction

Fifth St.

Sixth St.

IH35

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Red

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Enfield Rd.

Lam

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Eighth St.

Braz

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Con

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Barton Springs Rd.

Eleventh St.

Seventh St.

Col

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Twelfth St.

Loop

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Riverside Dr.

S.Fi

rst S

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Gua

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W./E. Cesar Chavez

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Col

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Loop

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vd)

34




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Thomas Staudt, d/b/a Staudt Surveying, for survey work and amend the budget accordingly.


ACTION-MISCELLANEOUS June 12, 2012 $3000.00

LINE ITEM NUMBER 150-813-97-048.5621_400 - 600 150-813-97-048.5621_700 – 2,400

AUDITOR USE ONLY AUDITOR COMMENTS: See budget amendment



CLINT GARZA CONLEY N/A

SUMMARY 29BA citizen in Precinct 3 has agreed to donate approximately one-half acre of property at the corner of Winters Mill Parkway and R.M. 3237 to be dedicated and used as a public parking area for citizens using the exercise trail along Winters Mill to Blue Hole. This dedication will require replatting of previously platted lots, through the City of Wimberley. Future court action to accept dedication will be required after plat revisions are made. Mr. Staudt's services would be required for the plat submittal as well as the survey work required. Park bond savings will be used to pay for the work performed under this agreement. 30B63B96B129B162B195B228B261B294BBudget Amendment- 31B64B97B130B163B196B229B262B295B150-813-97-048.5621_400 - 600 32B65B98B131B164B197B230B263B296B150-813-97-048.5621_700 – 2,400

35

36

Professional Services Agreement - Page 1 of 9

PROFESSIONAL SERVICES AGREEMENT

HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas

(hereinafter the “County”) with administrative offices at 111 E.

San Antonio, Suite 300, San Marcos, Texas 78666, and Staudt

Surveying Inc. (hereinafter “Contractor”), whose primary place

of business is located at 400 Hwy 290 W, Suite B-203, Dripping

Springs, TX 78620, mailing address P.O. Box 1273, Dripping

Springs, TX 78620, hereby enter into this Professional Services

Agreement (hereinafter “Agreement”) effective this the 3th day

of May, 2012 (hereinafter “Effective Date”). The County and

Contractor (collectively “the parties to this Agreement” or “the

parties”) agree as follows:

1. OVERVIEW

As part of a reorganization of Development Services, and because

Hays County does not intend to fill the position recently

vacated by Contractor, County has requested that Contractor

perform environmental consulting work to facilitate a smooth

transition in the coming months. Environmental Consulting shall

include, but not necessarily be limited to, the scope of

services listed in Exhibit “A.”

2. SERVICES

Contractor agrees to perform services for the County in

accordance with the County’s instructions and, in particular,

the instructions of James (Clint) Garza, Development Services

Director and/or legal counsel for the Hays County Commissioners

Court; and in conformance with the descriptions, definitions,

terms, and conditions of this Agreement. The Scope of Services

shall be limited to those services and terms attached hereto as

Exhibit “A”, and any subsections of Exhibit “A”, if as and when

they are attached hereto and signed by the parties (collectively

“the Work”). If the parties to this Agreement amend the Work

required under this Agreement (by adding or removing specific

services and/or terms enumerated in Exhibits “A” and/or “C”),

the Compensation cited in Section 5 of this Agreement may also

be amended to conform with the change in Scope of Services, as

agreed by the parties.

3. ADDITIONAL TERMS

Additional Terms and Obligations of the parties to this

Agreement, if any, are stated in Exhibit “C”, attached hereto.

37


4. DURATION

The parties agree that the Work shall be completed on or about

the 14th day of June, 2012 (hereinafter the “Completion Date”).

In the event that Contractor is unable to complete the Work by

the Completion Date, Contractor shall request an extension of

the Completion Date in writing no later than fifteen (15)

business days prior to the Completion Date. The County may

grant extensions of the Completion Date for all reasonable

extension requests and shall do so in writing.

5. COMPENSATION

Contractor will be compensated for the Work on an hourly-charge

basis, the terms of which are cited in Contractors rate

schedule, which is attached hereto as Exhibit “B.” Despite any

reference to Contractors rate schedule, which shall be used as a

reference only in the event of a change in the Scope of Services

(i.e. Amendment), the parties agree that the County shall pay

Contractor a total fee not to exceed $3,700.00 (County $3,000,

Paul Dunn $700.00) for the Work under this Agreement.

6. PAYMENT

Contractor shall invoice the County for the Work performed under

this Agreement on a monthly basis, beginning at the end of the

first full month following the Effective Date. The County

agrees to promptly pay all invoices by sending payment to

Contractor’s address stated in Section 8, below. The County

shall owe Contractor an additional one percent (1%) per month on

any unpaid balance, beginning at the end of the first full month

following the County’s receipt of said invoice(s) and accruing

monthly thereafter.

7. NOTICE OF COMPLETION

Upon completion of the Work, Contractor shall send a Notice of

Completion to the County in writing, and the County shall have

the option to inspect the Work (or the product thereof) before

it is considered complete under this Agreement. If the County

is satisfied that the Work under this Agreement is complete, the

County shall send Contractor an Acceptance of Completion in

writing. If, after inspection, the County does not agree that

the Work is complete or believes that the Work is of deficient

quality, the County shall send Contractor a Deficiency Letter,

stating the specific aspects of the Work that are incomplete

and/or deficient. If, after ten (10) business days from the

County’s receipt of Contractor’s Notice of Completion, the

County does not send Contractor either an Acceptance of

Completion or a Deficiency Letter, the Work under this Agreement

shall be considered complete.

38


8. NOTICE (GENERAL)

All notices issued by Contractor under or regarding this

Agreement shall be provided in writing to the County at: Hays

County, Attn: County Judge, 111 E. San Antonio, Suite 300

San Marcos, Texas 78666; Facsimile – (512)393-2282; Email –

[email protected].

All notices issued by the County under or regarding this

Agreement shall be provided in writing to Contractor at: Staudt

Surveying Inc., P.O. Box 1273, Dripping Springs, Texas 78620;

Facsimile – (512) 858-2455; Email–[email protected].

Notices from one party to another under this Section may be made

by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent

to the designated contact at any of the designated addresses

cited above.

9. INSURANCE

Contractor agrees that, during the performance of all terms and

conditions of this Agreement, from the Effective Date until the

County’s acceptance of Contractor’s Notice of Completion or

until this Agreement is otherwise considered completed as a

matter of law, Contractor shall maintain Commercial General

Liability insurance that meets or exceeds the industry standard

for professional services providers in Contractor’s field of

employment and for the type of services that are being performed

by Contractor under this Agreement.

10. MUTUAL INDEMNITY

Contractor agrees, to the fullest extent permitted by law, to

indemnify and hold harmless the County, its officers, directors

and employees against all damages, liabilities or costs,

including reasonable attorneys' fees and defense costs, to the

extent caused by Contractor’s negligent performance of the Work

under this Agreement and that of its subcontractors or anyone

for whom the Consultant is responsible or legally liable.

The County agrees, to the fullest extent permitted by law, to

indemnify and hold harmless Contractor, its officers, directors,

employees and subcontractors against all damages, liabilities or

costs, including reasonable attorneys' fees and defense costs,

to the extent caused by the County's negligent acts in

connection with this Agreement.

Neither the County nor Contractor shall be obligated to

indemnify the other party in any manner whatsoever for the other

party's negligence.

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11. COMPLIANCE WITH LAWS

Each party agrees to comply with all laws, regulations, rules,

and ordinances applicable to this Agreement and/or applicable to

the parties performing the terms and conditions of this

Agreement.

12. SURVIVAL

Notwithstanding any termination of this Agreement, the following

Sections, and the terms and conditions contained therein, shall

remain in effect: 2, 3, 4, 5, 10, 12, 14, 15, 16, 17, 18, 20,

and 21.

13. FORCE MAJEURE

Either of the parties to this Agreement shall be excused from

any delays and/or failures in the performance of the terms and

conditions of this agreement, to the extent that such delays

and/or failures result from causes beyond the delaying/failing

party’s reasonable control, including but not limited to Acts of

God, Forces of Nature, Civil Riot or Unrest, and Governmental

Action that was unforeseeable by all parties at the time of the

execution of this Agreement. Any delaying/failing party shall,

with all reasonable diligence, attempt to remedy the cause of

delay and/or failure and shall recommence all remaining duties

under this Agreement within a reasonable time of such remedy.

14. SEVERABILITY

If any Section or provision of this Agreement is held to be

invalid or void, the other Sections and provisions of this

Agreement shall remain in full force and effect to the greatest

extent as is possible, and all remaining Sections or provisions

of this Agreement shall be construed so that they are as

consistent with the parties’ intents as possible.

15. MULTIPLE COUNTERPARTS

This Agreement may be executed in several counterparts, all of

which taken together shall constitute one single Agreement

between the parties.

16. SECTION HEADINGS, EXHIBITS

The Section and Subsection headings of this Agreement, as well

as Section 1, Entitled “Overview,” shall not enter in the

interpretation of the terms and conditions contained herein, as

those portions of the Agreement are included merely for

organization and ease of review. The Exhibit(s) that may be

referred to herein and may be attached hereto, are incorporated

herein to the same extent as if fully set forth herein.

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17. WAIVER BY PARTY

Unless otherwise provided in writing by the waiving party, a

waiver by either of the parties to this Agreement of any

covenant, term, condition, agreement, right, or duty that arises

under this Agreement shall be considered a one-time waiver and

shall not be construed to be a waiver of any succeeding breach

thereof or any other covenant, term, condition, agreement,

right, or duty that arises under this Agreement.

18. GOVERNING LAW AND VENUE

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE

WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or

action, whether in law or in equity, arising from this Agreement

will be brought in Hays County, Texas.

19. ASSIGNMENT

Neither party to this Agreement may assign it duties, interests,

rights, benefits and/or obligations under this Agreement, in

whole or in part, without the other party’s prior written

consent thereto.

20. BINDING EFFECT

Subject to any provisions hereof restricting assignment, this

Agreement shall be binding upon and shall inure to the benefit

of the parties hereto, and their respective successors,

permitted assigns, heirs, executors, and/or administrators.

21. ENTIRE AGREEMENT; AMENDMENT

This Agreement (including any and all Exhibits attached hereto)

constitutes the entire agreement between the parties hereto with

respect to the subject matter hereof. Any amendments to this

Agreement must be made in writing and signed by the parties to

this Agreement prior to the performance of any terms or

conditions contained in said amendments.

22. WORK PRODUCT

Any and all product, whether in the form of calculations,

letters, findings, opinions, or the like, shall be the property

of Hays County during and after performance of the Work.

Contractor shall have a right to retain a copy of all Work

product for record-keeping purposes.

Signatures by the parties to this Professional Services

Agreement follow on the next page.

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IN WITNESS WHEREOF, the undersigned have duly executed and

delivered this Professional Services Agreement, and hereby

declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH

AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS

AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE.

___________________________ ___________________________

Hays County, Texas Contractor

By: Judge Bert Cobb M.D._ By: Thomas E. Staudt_______

Hays County Judge__________ ___________________________

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EXHIBIT A

Scope of Work

Replat of WMT Subdivision from two (2) lots to three (3) lots. Two lots to be retained by Paul

Dunn and one (1) lot to be conveyed to Hays County.

Services Include:

1) Survey of property tied to Hays County control monuments.

2) Preparation of Subdivision application form

3) Notification of Adjoining landowners.

4) Preparation of Plat to city of Wimberley and hays County speicifications.

5) Meeting with the City of Wimberley

6) Mylar Preparation

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EXHIBIT B

Fee Schedule

Field Time

Field Crew $ 125.00 per hour

Office Time

Administrative $ 50.00 per hour

Research $ 75.00 per hour

Calculations &

Drafting $ 75.00 per hour

RPLS $100.00 per hour

Unless services are provided for a tax exempt entity, all fees for work on boundary and

subdivision surveys are subject to 8.25% Texas State Sales and Use Tax.

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-- EXHIBIT “C” --

Additional Terms to the Services provided by Contractor, if any,

are as follows:

A. N/A

B. Completion date applies to only preparation of plat suitable

for submittal. Actual completion of project if dependent on the

approval process of the City of Wimberley and Hays County.

C.______________________________________________________________

________________________________________________________________

D.______________________________________________________________

________________________________________________________________

E.______________________________________________________________

________________________________________________________________

F.______________________________________________________________

________________________________________________________________

G.______________________________________________________________

________________________________________________________________

H.______________________________________________________________

________________________________________________________________

I.______________________________________________________________

________________________________________________________________

J.______________________________________________________________

________________________________________________________________

K.______________________________________________________________

________________________________________________________________

L.______________________________________________________________

________________________________________________________________

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AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Erin Banks, d/b/a Banks and Associates, for engineering services and amend the budget accordingly.


ACTION-MISCELLANEOUS June 12, 2012 $5800.00

LINE ITEM NUMBER 150-813-97-048.5621_400 - 1,160 150-813-97-048.5621_700 – 4,640

AUDITOR USE ONLY AUDITOR COMMENTS: See budget amendment.



CLINT GARZA CONLEY N/A

SUMMARY 29BA citizen in Precinct 3 has offered to donate approximately one-half acre of property at the corner of Winters Mill Parkway and R.M. 3237 to be dedicated and used as a public parking area for citizens using the exercise trail along Winters Mill to Blue Hole. This dedication will require replatting of previously platted lots, through the City of Wimberley. Ms. Banks engineering services would be required for the plat submittal as well as site plan requirements in the City of Wimberley. Savings from Park Bond funds will be used to pay for services performed as a part of this agreement. 30B63B96B129B162B195B228B261B294BBudget Amendment- 31B64B97B130B163B196B229B262B295B150-813-97-048.5621_400 - 1,160 32B65B98B131B164B197B230B263B296B150-813-97-048.5621_700 – 4,640

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Banks & Associates 820 Currie Ranch Road Wimberley, Texas 78676 (512) 801-9049 Firm F-2002

ENGINEERING SERVICES Replat of WMT Subdivision

Parking Lot Site Development Plans Wimberley, Texas

May 15, 2012

James Clint Garza Hays County Development Services 2171 Yarrington Road San Marcos, Texas 78666 Via E-mail Dear Mr. Garza: Banks & Associates (“Engineer”) has prepared this professional services agreement (PSA) for Hays County (“Client”) for engineering services for the replat WMT subdivision and preparation of Site Development Plans for a proposed parking lot. The following assumptions were made in the preparation of this agreement: ASSUMPTIONS: Client will complete all necessary applications for submittal to Hays County and

the Village of Wimberley and all utility providers. Engineer has not included costs for preparation of any applications in this PSA.

All fees payable to Hays County, the City of Wimberley, and/or TCEQ are to be paid by client. No submittal costs or fees are included in this PSA.

Costs for preparation of variance requests or substantiation thereof are not included in this PSA. Client is to prepare all information and applications necessary for any variances. Engineer may assist in preparation of these documents at additional cost.

Engineer will be provided the plat and tree and topographical survey, if necessary, in electronic (preferably autocad) format to complete necessary studies and reports.

A shared access driveway agreement will be required for the subdivision. It is assumed client will prepare and obtain approval of such.

Reasonable access will be provided for Engineer to property in order to complete necessary studies and reports.

The existing drainage easement on the plat will remain for the replat unless the client requests otherwise. If the drainage easement is to be modified a detailed drainage study will be required and additional fees will be incurred.

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The client will attend Commissioner’s Court to present the project if necessary. Landscape and lighting plans are not included in this Scope of Work. Less than one acre will be disturbed, therefore a Stormwater Pollution Prevention

Plan (SWP3) may not be required. If an SWP3 is required additional fees will be incurred.

The scope of work includes, but is not limited to the following: SCOPE OF WORK: • Perform site visit to evaluate existing conditions and proposed replat and site

development. • Meet with client, surveyor, and owner to discuss project, procedures and variances.

and to establish new lot lines. • Prepare facility plan for new lot layout. • Prepare necessary engineering reports for submittal to the City of Wimberley for

replat. • Prepare preliminary layout for parking lot, and necessary water quality and

stormwater facilities. • Prepare Site Development Plans for a parking area (to consist of crushed granite). It

is assumed that vegetative filter strips will be used to address water quality and that stormwater detention ponds will not be required.

It is estimated that the total cost for the above outlined project would not exceed $5,800.00, plus $1,200 to prepare facility planning report and excavate profile holes necessary to divide the remainder lot into two lots (to be borne by owner). Reimbursable costs (reproduction costs, postage, etc.). Engineering Services will be charged at an hourly rate of $125.00; drafting services $70.00 per hour. Note that a different basis for compensation applies to Banks & Associates personnel serving as a witness. Reimbursable Expenses incurred in connection with above outlined services will be charged on the basis of actual cost. Work will be invoiced monthly based upon the actual hours worked on project. Payment is due upon receipt of invoice and considered late after 30 days. If the owner fails to make any payment due within thirty days after receipt of our invoice, Banks & Associates may, after giving seven days written notice to you, suspend services under this Agreement until we have been paid in full all amounts due for services and expenses. It is necessary that you advise us in writing at an early date if you have budgetary limitations for total project costs or construction cost. This cost estimate is valid for 30 days under the current Hays County and City of Wimberley Subdivision and Site Development Rules. Should you choose to proceed with the project outlined above please sign and date in the area indicated below and return. Please contact me at (512) 801-9049 or [email protected] if you have any questions regarding this estimate. Sincerely,

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Erin Banks, P.E. Principal ACCEPTED BY: RECEIVED BY: James Clint Garza Date Erin K. Banks, PE Date Hays County Banks & Associates Authorized signatory for Hays County By signing this I agree that I am an authorized signatory for the developer of the above referenced tract and accept fiduciary responsibility.

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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 June 12, 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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Documents

PRESENTATIONS & PROCLAMATIONS · 6/12/2012 · june 5, 2012 ***** ***** volume u pg 807 state of texas * county of hays * on this the 5th day of june a.d., 2012, the commissioners

PRESENTATIONS & PROCLAMATIONS · 6/12/2012 · june 5, 2012 * * volume u pg 807 state of texas * county of hays * on this the 5th day of june a.d., 2012, the commissioners