Council deliberates TNR policy
By Amira Van Leeuwen amira@haysfreepress.comKYLE — After receiving a presentation on the benefits of Trap-Neuter-Return (TNR) last Tuesday, Kyle City Council unanimously voted for staff to bring forward a resolution in support at the next city council meeting for a vote.
TNR is a method of humanely trapping “community cats” (unowned, free-roaming cats) to
be spayed/neutered, vaccinated and then returned to their outdoor environments. During surgery, the tip of their left ear is clipped, indicating that they are fixed and vaccinated.
Sharri Boyett, Hays County’s animal advocacy advisor, spoke in support of the method during citizens comments and requested council to take a “proactive approach” by using TNR.
“I’m here tonight in support of no-kill programs and best
humane ethical practices in the management of community cats,” Boyett said. “It’s essential for Kyle to support [the] TNR program as a preventive solution. It is the only known, humane, effective, proven method to proactively manage and prevent further growth and reproduction of community cat populations.”
“It’s time for the Kyle city shelter policies and practices to reflect the moral and ethical standard
South Hays Fire ready to hire paid responders
By Megan Wehring megan@haysfreepress.comHAYS COUNTY
Population growth and staffing shortages have led South Hays Fire Department to convert from an all-volunteer to combination agency — the last of its kind in the county to do so.
“When I first got into the fire service, there would be 50 openings and 4,000 applicants,” said Robert Simonson, South Hays fire chief. “Now, fire chiefs I know would post for three positions and got two people to show up.”
On Dec. 19, the Board of Fire Commissioners approved the funding for career firefighting staff for South Hays Fire Department in 2023 — this will convert the agency into a combination department
with both career and volunteer staff.
Neighboring agencies including San Marcos, North Hays and New Braunfels are in a similar boat of hiring new staff,
FLOCK SAFETY
making the playing field that much more competitive.
Simonson said that the department has 18 open positions and currently, they are working with
a hiring committee to finalize the process.
“We
all kind of fighting for the same group of candidates so I realize that we are not
14-year-old found dead, cause pending
Staff Report
SAN MARCOS — San Marcos Police and the Criminal Investigation Division are examining the death of a 14-yearold girl after she was found unconscious in her bedroom at approximately 12:30 p.m. on Jan. 3.
The family was instructed on CPR by 9-1-1 dispatchers, according to San Marcos officials. When EMS arrived at the home in the Blanco Vista subdivision,
responders performed life-saving measures, but were unsuccessful.
Although an accidental narcotics overdose is suspected, toxicology results are still pending.
According to an email sent out by Hays CISD Superintendent Eric Wright, there are three cases of suspected accidental fentanyl poisonings involving students as young as middle school age, with an additional
Kyle addresses ‘historic’ drought
By Ashley Kontnier and Natalie FrelsKYLE — For the first time in 15 years, the city of Kyle is utilizing unique methods to ensure residents and businesses have adequate water available.
In December, city council signed an interlocal agreement with San Marcos, which makes Edwards Aquifer water from San Marcos’ permitted allowance available to Kyle.
Currently, Kyle is permitted to receive water from three different sources: the Guadalupe-Blanco River Authority (GBRA),
Barton Springs (BS) and the Edwards Aquifer Authority (EAA). Each permit has a maximum allotted amount of water annually, with GBRA being the largest source.
BS and EAA have a maximum capacity; however, this amount is adjusted based on the drought stages declared throughout a given year.
In June of 2022, the Public Works Department started to have concerns that the city would exceed its EAA permit allotment due to the “historic” drought.
At the same time, the
Buda council receives update on license plate cameras
By Brittany Anderson brittany@haysfreepress.comBUDA — Several months after the installation approval, Buda City Council received an update on the status of automatic license plate reader cameras.
The update, requested by council member Terry Cummings, was provided by Buda Police Chief Bo Kidd during the Jan. 3 council meeting.
The council officially approved the Flock Safety cameras in August 2022. Now, they are on the way to being installed in six different locations in Buda, including Cabela’s Drive, FM 1626, FM 967, FM 2770 near the new Fire Station 1 and two on west and east Main Street.
The city first started considering license plate reader cameras last year, raising some concerns within the community about privacy.
Ultimately, the police department ensured that the cameras would be used to help solve
are
‘We don’t want our taxpayer dollars and donations spent on killing animals, but truly, instead, to help them’
HAYS COUNTY — Hays County recently issued a statement regarding the incustody death of Joshua Wright at the hands of Hays County Jail Corrections Officer Isaiah Garcia, specifically regarding the release of his body camera footage — an act requested by the Wright family and County Judge Ruben Becerra.
The Texas Rangers are
conducting the investigation into Wright’s death, which occurred at Ascension Seton Hays Hospital in Kyle on Dec. 12.
According to the statement released by Hays County, the Rangers have requested that the bodycam video of the officer-involved shooting, along with all pertinent information related to the investigation not be released until their investigation is complete.
“The immediate release of
the bodycam video and other information may adversely affect the Rangers’ ability to conduct an investigation by, among other things, impacting the recollections and statements of witnesses,” the news release stated.
Further, the hospital has raised concerns over the inadvertent disclosure of privileged third-party medical information via video footage.
“For that reason, at the appropriate time for release
of the body cam footage, it will need to be reviewed and potentially redacted for those purposes,” according to the statement.
The call for footage by the Wright family, as well as their lawyers, has stirred public demand for the release of the bodycam video.
Approximately 50 people attended last week’s commissioners court meeting, with more than a dozen making a comment to plead
with public officials to force the hand of the Hays County Sheriff’s Office.
According to the statement, members of the Hays County Commissioners Court have been monitoring the situation and “understand the importance of maintaining the integrity of the investigation, but they also recognize the grief felt by Mr. Wright’s family and the need for closure in the
Kyle pays Sellers $179k in 'special separation benefit'
By Natalie Frels and Ashley KontnierKYLE — Following former city manager Scott Sellers’ resignation effective Sept. 6, 2022, the city agreed to pay the former employee with a “special separation benefit,” which consists of a lump sum payment of $179,480.37, as well as up to 480 hours of accrued, unused sick and vacation leave as of the resignation date.
avoid litigation or other continuing disputes.”
Sellers’ departure stemmed from a neutral third-party investigation, which reported “no findings of unlawful harassment or discrimination,” according to the Separation, Release and Waiver Agreement between Sellers and the city of Kyle.
going to be able to fill these positions overnight; it’s going to take some time. What we decided to do in the interim is hire part-time people just to bring the staffing into the station so we at least have people here,” Simonson said.
To maintain a standard schedule, the firefighters will be working a 48/96.
“They will be on for two days and off for four days. The reason we chose the 48/96 is it gives them a good home balance and honestly, at the end of the day, mental health and home balance are super
important,” Simonson said. “We will be running an A, B and C shift. We will have to hire about six people per shift.”
Simonson explained that the department found sales tax, earmarked as firefighter safety, to be the best revenue to use to fund hiring more staff.
Firefighters will make $54,089 annually and captains will make $64,584 annually.
For more information about the South Hays Fire Department, visit https:// www.southhaysfire.com/ or call Station 11 at 512754-7963.
student who died during the break.
“Though no autopsy results are back yet, law enforcement investigators are now considering the possibility that an accidental fentanyl poisoning may be to blame. If so, that would be the fourth fentanyl poisoning during our Christmas break, and the fifth student our district has lost to
fentanyl this school year,” Wright said.
“My heart breaks for our families affected by this horrible crisis. There are simply no words that can ease their pain. I do hope that by respecting the seriousness of the fentanyl epidemic and by continuing the conversation, we can save lives right here at home, in our very own school district,”
Wright continued. “We will continue to add to our Fighting Fentanyl campaign and continue to keep you informed.”
The district encourages individuals to visit its resources and outreach tools at www. hayscisd.net/fentanyl.
The Hays Free Press will provide more information as updates become available.
“Employee and City wish to end their employment relationship in an amicable matter, which includes terminating the Employment Agreements so that this employment separation does not cause the City to incur contractual liability to pay Employee through the end of the term,” the agreement stated.
“Employee and the City agree that there may be contention or ambiguity over whether, how much and under what situations the Employment Agreements require payment to the Employee, and mutually wish to
As previously reported, the former employee was on an unplanned sabbatical from June 24, 2022 to July 23, 2022, when council placed Sellers on paid administrative leave, pending the results of the investigation into allegations of sexual harassment of a city of Kyle employee.
During his sabbatical, “[the city manager] will not be on call for routine business of the city but will be available to deal with extraordinary situations that may threaten the well-being of the city and/or its employees,” according to his Second Amended and Restated City Manager
CAMERAS from Page 1 and prevent crime when necessary, and that no personal data would be collected or used in ordinary, everyday occurrences. Data collected by the cameras are purged after 30 days.
The cameras are currently fully funded through a $20,000 grant by the Motor Vehicle Crime Prevention Authority under a one-year agreement.
Following this period, the cost of the cameras would be $15,000 if council approves to keep them. Maintenance is also covered by Flock.
Buda’s Garlic Creek neighborhood already had these cameras installed, per its HOA. During the meeting, Kidd said that there have been a few successful hits thanks to those cameras, including recovering a stolen vehicle and a hit on a wanted subject.
Still, Kidd pointed out that the Garlic Creek cameras have ultimately
garnered sporadic information, as “there’s not a high volume of traffic going through.”
Additionally, not all of the hits captured have ended successfully, though this can’t be entirely attributed to the cameras.
The six locations proposed in this agreement, however, offer more promising results.
“I would expect once we get these cameras, or even a few of the cameras up, we’re going to see a large volume of traffic. That will be the true indicator of what these cameras can do,” Kidd said.
Several council members requested that they be provided data reports to ensure the camera’s efficacy before taxpayers help pay for them.
“We’re trying to rate the efficacy of the system itself,” council member Matt Smith said. “I go
back to weighing this in the future to active community policing and having that extra officer on the street versus this electronic monitoring … When we look at the costs of this, I’d like to see the entire picture … That’s the type of information that I think's going to be extremely helpful, and then I think we can drill down into the success rate … I want to be able to communicate out that it’s not any type of profiling. It’s data-based decisions.”
“Moving forward, I think what council is saying is that we’re wanting to have a more comprehensive report so as our cameras start capturing this data, that information is being provided to us in a manner so that we can make the assessment that the utilization is worth the cost,” council member LaVonia HorneWilliams added.
Kidd agreed, noting
that he anticipates going into the next budget year’s first or second workshop with enough information for council to be able to make a decision on the future of the cameras.
As for the current status of the cameras, Kidd said he hopes that at least “five of the six cameras,” if not all six, will be installed this month.
Local boutique thrives in aftermath of trauma
By Amira Van Leeuwen BUDA — LindseyChildress had always loved the idea of opening a boutique, but it wasn’t until a devastating accident that she began seriously considering it.
Nearly two years ago, 4-year-old Tripp Archer Childress, fell into a pool and drowned. For 90 minutes, he did not have a heartbeat.
Tripp’s father administered CPR and once first responders arrived on the scene, he was whisked away to Dell Children’s Medical Center. His mother, Lindsey, felt the greater hand of God through the doctors who managed to revive her son.
“He’s a true miracle,” the former kindergarten teacher said.
Tripp stayed at Dell Children’s for 116 days, where his condition was still very unpredictable.
“It was almost up in the air a little bit because we’d have a really good day and then the next two days; there’d be complications of some sort, whether it was a blood clot or an EEG that showed maybe something like seizures going on,” Lindsey said. “It was just a constant tugging of emotions like, ‘Oh, this is really good,’ and then the next day, ‘Oh, but then there’s this.’
So, even once we got out of the woods of, ‘He’s going to live,’ it became, ‘Yeah, but what’s that going to look like?’ And that was really scary. Is he going to need a ventilator to just give him oxygen? Is he going to even know who we are or be able to think or communicate or, you know, all of those things that you really don’t think about.”
After her son’s nonfatal drowning accident, Childress’ life changed. With the cost of medical bills, equipment, therapy and medications, she knew that it was the wrong time to be a oneincome household.
While a boutique was not at the forefront of her mind, it was through her husband’s encouragement and her love for fashion that Tripp + Archer was created.
Tripp + Archer started as an online boutique and while Lindsey had no serious plans for opening a physical store, a space became available. In October 2021, Tripp + Archer was officially open for business.
The boutique, located at 112 Main St. in Buda, carries patterns inspired by Tripp’s passion for hunting with his dad and Lindsey’s inclination to “live colorful and bright.”
“Anytime you’d ask him, you know, being a 3-year-old, barely a 4-year-old, what was his favorite color, he would always say camo and so camo, fortunately for me, is kind of trendy and so it’s on a lot of different things women’s apparel wise,” she said. “And so I definitely try to incorporate any of that when I come across something just in honor of him and his story.”
Tripp + Archer also carries a variety of clothing, accessories and home goods.
The boutique is in the process of forming an official nonprofit organization, where a portion of sales will go directly to other families who find themselves hurtled into unexpected situations.
“Now Tripp + Archer boutique is going to be not only a means to support our family and our son, but also give back to people who suddenly find themselves in this unimaginable scenario where their life has changed completely and how are they going to pay for these things,” Lindsey said.
She was inspired by the other organizations and people who helped them along the way like Team Luke — Hope for Minds and Dr. Brian Crawford, owner of
The Austin Center for Developing Minds, along with other families that have reached out with contact information for specific doctors.
“Unfortunately, a lot of the therapies nonfatal drowning kiddos need are not covered by insurance and so we
were so blessed that people reached out to us that didn’t even know us to be like, ‘Hey, you need to get to Louisiana, and you need to go to hyperbaric oxygen therapy, then you need to go to Phoenix, Arizona and get stem cell therapy.' We had no clue,”
VIDEO from Page 2 community.” Therefore, court members will be requesting that the state dedicate as many resources to the investigation as possible to aid the Rangers’ investigation, after which the district attorney’s office will determine the timing for public disclosure of the video and other materials related to the investigation. While Garcia was placed on administrative leave following Wright’s
she said. “They've just been such a source of hope; there is hope and there is a future beyond an accident, despite what medicine may tell you, there are other ways to heal.”
Those interested in donating can visit www. trippsarmy.com.
death, the Hays County Sheriff’s Office has confirmed that he has returned to work pending the outcome of the investigation. However, he will not be assigned to any position involving the direct supervision of jail inmates until the investigation concludes.
The Hays Free Press will continue to monitor this incident closely and update the public with any new information as it becomes available.
What's happening around Texas this week
issues on the agenda.
by Gary BordersThe Texas Standard talked to political journalists Niki Griswold of the Austin AmericanStatesman and James Barragàn of the Texas
Tribune to see what might be upcoming.
Griswold predicts the “so-called culture war issue” could take center stage, with a number of bills already filed regarding the rights of transgender children and their parents, as well as battles over what books should be made available
to children in the classroom and libraries.
Barragan said the state’s predicted $27 billion surplus will attract a number of factions wanting a piece of that action. Gov. Greg Abbott has called for about half the surplus to be spent on property tax relief, while House Speaker
Dade Phelan is pushing for more spending on infrastructure.
Griswold pointed out that Lt. Gov. Dan Patrick wields considerable power in the Legislature and is keenly interested in more fixes to the state’s electric grid.
The regular session will last 140 days, as set
by the state constitution. Gary Borders is a veteran award-winning Texas journalist. He published a number of community newspapers in Texas during a 30year span, including in Longview, Fort Stockton, Nacogdoches and Cedar Park. Email: gborders@ texaspress.com.
Barton Springs Edwards Aquifer Conversation District (BSEACD) declared an Alarm Drought status (Stage II), requiring a 20% reduction of allotted water for lease holders.
Brian Smith, principal hydrogeologist for BSEACD, explained that while EAA and BS respond a bit differently based on source location, rainfall and pumpage, the drought stages are fairly similar.
“The concept of a drought stage is the same if you cross some threshold. When we’re deep into drought, they track the same,” Smith said.
Due to the reduction and drought forecast, city staff began to reach out to surrounding cities in hopes of being able
Employment Agreement, which was effective April 5, 2022.
to share water from a neighbor’s EAA permitted allowance.
“To be frank, they [San Marcos] are the only ones who had sufficient capacity that they felt comfortable with working an agreement with the city of Kyle,” public works treatment operations manager Timothy Samford said. “I reached out to many others that were willing to work with us, but they were also not willing to work with us as early as San Marcos because of the drought that we are in.”
Based on permit numbers, Kyle was allotted approximately 6,574.97 acre-feet (AF) for 2022. This included the following amounts: 5,443 AF from GBRA; 815.18 AF from BS (permitted 1,074,
According to the Separation, Release and Waiver Agreement, which “supersedes any and all other oral or written agreements … concerning
reduced based on drought stages for the year); and 316.79 AF from EAA (permitted 432, reduced by 26.68% due to drought conditions.)
Ultimately, the city had, on average, 5.87 million gallons of water per day available for use.
Per the arrangement, San Marcos agreed to share up to 125 AF of water from its EAA authorized allotted capacity. The temporary agreement, which ended on Dec. 31, occurred utilizing Kyle’s existing facilities and wells.
The cost for the shared water included a fixed monthly rate of $7,745 for October, November and December. Additionally, Kyle was charged $3.21 per 1,000 gallons, for a maximum total of
employee’s employment,” the “special separation benefit” was equal to seven months' salary.
In addition, the city agreed to reimburse Sellers for “any reasonable expenses incurred on behalf of the city.”
In an inquiry from the
$153,997.71. Should the city of Kyle have used fewer than 125 AF, the amount would be adjusted.
Samford and public works director Harper Wilder recalled a previous drought in the area.
“Last time we had water issues was back in ’08 or ’09 when we were talking about breaking [exceeding] permits. Back [then], we didn’t have the storage facilities available. And throughout that time, until now, we have steadily, continually added storage facilities … We are much better off than we were in ‘08/’09 … We are in this position now because of an historic drought and that’s really important because we are at an unprecedented time, from what I’ve been told and what I understand.”
Similarly, Smith said BSEACD is monitoring the drought conditions closely.
“We’ve been in this critical condition before. The last time we were in Critical [Drought status] was in 2013. That’s a good 10 years now; we have been in Alarm stage, but then it rains,” Smith said. “We are on the verge of going into Stage IV Exceptional, which we have never reached in our area. That would be something new for us in our 35 years. We watch very closely; we need to be protective of the ecosystem. We are also concerned for our users.”
The crux of the city’s plan to ensure water availability for the future is conservation.
“Obviously, water is
Further, the city agreed to pay for any legal fees accrued due to proceedings in the event that Sellers be sued, unless it’s determined he has committed official misconduct or acted in bad faith. This is the only clause from his contract that
a valuable resource in Texas, particularly Central Texas. We're not going to run out of water. But the cost to acquire more water is getting exponentially more expensive,” interim city manager Jerry Hendrix said. “So, the incentive to conserve is as much a conservation of natural resources issue as it is a monetary issue. The more water we have to acquire, the higher the bills are going to be and we’re committed to keeping water bills as low as possible. But we need the help of all of our partners in the city — our residents and our contractors and our builders — to work with us to conserve that resource so that we don't have to go out and acquire more water.”
was not superseded by the Separation, Release and Waiver Agreement.
The Hays Free Press has requested additional records from the city and is currently awaiting a ruling from the Attorney General regarding their release.
Richard Lynn Hess Jr.
“Ricky” — loving husband, father, son, brother, and friend — passed away at home in Kyle, Texas on Tuesday, January 3, 2023, at the age of 50 years.
Ricky was a sweet and compassionate person. Ricky had a heart
of gold and everyone who knew him, loved him. Ricky could make you laugh until you cried, and he always had a smile on his face.
Ricky was born to Richard and Frances Hess in Lockhart, Texas in 1972. He graduated from Lockhart High School in 1991. Ricky began
his electrical career of more than 20 years at Bluebonnet Electric. At the time of his passing, he was serving as a Senior Electrical Distribution Designer at Pedernales Electric Cooperative, where he had been employed for the last 15 years.
Ricky loved his two daughters dearly. Lauryn and Jaimee were both his pride and joy. Through the years, Ricky enjoyed fishing with his dad, camping with his wife, deer hunting, and spending time
with his girls.
Ricky is survived by his wife, Nicole Hess; Nicole’s daughter Sierra and sons Trent and Trace; and grandson Jayden, Maria Moore, mother of his two daughters, Lauryn Spillar and Jaimee Hess; Lauryn’s husband Blake; his father and mother, Richard and Frances Hess; his brother, Kenneth Hess and wife Traci Hess, along with nieces, Avery, Rylee, and Madison Hess; and his numerous aunts, uncles and cousins.
Kyle council approves ethics ordinance
By Amira Van Leeuwen KYLE — In a 6-1decision last Tuesday, Kyle City Council approved an amended ordinance repealing and replacing the city’s code of ethics ordinance No. 961 on second reading. A first reading of the ordinance was held at the Dec. 20 meeting,
where council had a full discussion on the amendments following a presentation by Kyle Ethics Commission Chairman Mike Rubsam.
On Jan. 3, council member Yvonne Flores-Cale, the single dissenting vote, was concerned about how the ethics ordinance would define conflicts
of interest. Flores-Cale wanted to leave the sentence in Section 2-142 Statement of Purpose that reads, “The appearance of impropriety may itself be a conflict of interest,” to be consistent with state recusal provisions. Council member Zuniga seconded the motion, and there was a discussion.
“I think having a solid ethics policy is is going to, essentially, be what comes down to the council and to the staff and creates an ethical staff and leadership,” Flores-Cale said.
The dissenting council member said she wasn’t sure who previously brought up striking the sentence because it was done in an executive session.
“Even though it came collectively to us, we don’t know who brought that up. I don’t know if the attorney brought that up. I don’t know if it was overall, everybody said yes or if it was a majority and that also makes me
ASSEMBLIES OF GOD
Faith Assembly of God 1030 Main St., Buda
BAPTIST
First Baptist Church-Buda 104 San Marcos St., Buda
First Baptist Church-Kyle 300 W. Center St., Kyle
Hays Hills Baptist Church 1401 FM 1626, Buda
Sledge Chapel Missionary Baptist Church 709 Sewell, Kyle
Southeast Baptist Church 5020 Turnersville Rd., Creedmoor
Manchaca Baptist Church Lowden Lane & FM 1626
Immanuel Baptist Church 4000 E. FM 150, 4 miles east of Kyle
Center Union Baptist Church Goforth Rd., Buda
Primera Mision Bautista Mexicana Kyle
Baptist Church of Driftwood 13540 FM 150 W.
CATHOLIC
Santa Cruz Catholic Church 1100 Main Street, Buda
St. Anthony Marie Claret Church 801 N. Burleson, Kyle
St. Michael’s Catholic Church S. Old Spanish Trail, Uhland
CHRISTIAN
New Life Christian Church 2315 FM 967, Buda
Iglesia Israelita Casa de Dios 816 Green Pastures Dr., Kyle
A visitation was held Monday, January 9, 2023, at 5 p.m. at McCurdy Funeral Home and a memorial service was held at McCurdy Funeral Home on Tuesday, January 10, 2023, at 10 a.m., followed by a graveside service at the Lockhart Cemetery.
His friends and family are invited to share happy memories and celebrate Ricky’s life in the way he would want to be remembered — as a loving and caring man who enjoyed life.
Progress on new Buda Fire Station 1 continues
By Brittany AndersonBUDA — A new fire station for the Buda Fire Department has been a long time coming, according to fire division chief Raymond Seyfried, and the station is headed for completion by the end of this year.
The station, located off of FM 2770, has been in the planning stages for at least four years. Last year, the former Station 1 was torn down and site work on the new facility began.
Seyfried said that with the growth in the area, this new station was necessary, especially as it operates for both fire and EMS services.
“The station we’re building is a 50-year station. It’s going to have maintenance and training, fire prevention, administration and be a fire station, all rolled into one,” Seyfried said. “This is going to better help serve the community by being a regional training facility, not just for Buda FD but the county as a whole and all the surrounding departments. [And] this is going to help with response times.”
The projected completion date for the station is December 2023. As for its current progress, concrete pouring is expected to be completed by Jan. 12. From there, crews will start “going vertical.”
CHURCH OF CHRIST
Buda-Kyle Church of Christ 3.5 miles south of Buda on FM 2770
Southern Hills Church of Christ 3740 FM 967, Buda
EPISCOPAL
St. Elizabeth’s Episcopal Church 725 RR 967, Buda
St. Stephen’s Episcopal Church RR 3237 (Wimberley Rd.), Kyle St. Alban’s Episcopal Church 11819 IH-35 South
JEHOVAH’S WITNESSES
Kingdom Hall of Jehovah’s Witnesses FM 2770, Kyle
Jehovah’s Witnesses South 10802 Manchaca Rd., Manchaca
LUTHERAN
Living Word Lutheran ELCA 2315 FM 967, Buda
Redeeming Grace Lutheran LCMS FM
METHODIST
Fentanyl awareness billboard comes to life
Kyle considers fourth TIRZ for Limestone Creek
Public hearing to be held on proposal
By Amira Van LeeuwenKYLE — On Jan. 3, Kyle City Council approved a resolution to hold a public hearing at 7 p.m. on Feb. 7 at city hall, located at 100 W. Center St., related to the creation of a fourth Tax Increment Reinvestment Zone (TIRZ).
The public hearing will be the opportunity for council to hear testimony regarding the creation of the zone and provide an opportunity for property owners within the proposed zone to protest the inclusion of their property within the zone. Following the public hearing,
we share as Americans, that we don’t want our taxpayer dollars and donations spent on killing animals, but truly, instead, to help them,” Boyett added. “We don’t want more of the same. We want change.”
Council member Yvonne Flores-Cale wondered if it would be more beneficial to provide vouchers for families with cats and have them spayed or neutered instead of doing TNR and which options would be the most cost-effective for the city.
Christie Banduch, San Marcos Regional Animal Shelter manager, advocated for the costeffectiveness of TNR.
“There’s a lot of grant money available out there for these kinds of programs, so this is something that can be largely funded through grant opportunities,” Banduch said. “Spayneuter is expensive, but it’s also much more expensive to keep these animals long-term at the shelter.”
council may consider adopting an ordinance authorizing the creation of the TIRZ.
The TIRZ, which is about 179 acres located east of Post Road and south of County Road 158, is made up of three tracts of land. According to agenda documents, two are commercial (11.9 and 5.9 acres) and one is residential (161.5 acres). The zone also borders the Quail Ridge subdivision.
The project, called Limestone Creek, is owned by Meritage Homes. Any interested individual is invited to speak for or against the TIRZ at the hearing.
She noted that if the program can get funding, then the shelter can participate.
“Animal control officers are already trapping cats, the public is trapping cats, so these cats are coming in already,” the shelter manager said. “This gives us an outlet for these cats and it gives us a really good opportunity to educate the public as well and get their buy-in as we go.”
Mayor Travis Mitchell thought TNR would be a “small, cheap experiment” and favored trying it.
“If we try to take the more humane approach and go through a TrapNeuter-Return policy, we could see where we stand a year from now, but I can just see how there could be a lot of benefits plus a certain humanity to reducing the amount of cats that are killed without necessarily reducing the population,” Mitchell said.
However, Mitchell was unsure who would be responsible for developing budget
a little bit uncomfortable as well,” she said.
Council member Bear Heiser said the term “perception of impropriety” was “very broad.”
“Perception is different, you know. Mine is different than someone else’s,” Heiser said. “It just seems like there’s a lot of leeway if there were to be an agenda by someone who perceived a conflict of interest that would be aired publicly. Whether or not there might not be merit to it is just the conversation itself is enough to pollute perception of somebody’s interests.”
Parsley asked who determines whether or not there is an appearance of impropriety.
“There [are] too many backgrounds in here that any agenda item at any point could look like, ‘You should recuse yourself,’” Parsley said.
In this instance, city attorney Paige
amendments.
“Right now, all I can see is that the only significant budgetary impact that we’re currently having, which the public needs to understand when you talk about taxpayer money, is that our budget for animal control as it relates to [the] San Marcos Regional Animal Shelter has quadrupled or tripled or whatever it is,” Mitchell said. “It’s a significant increase in order to house all the animals that we are sending San Marcos, and Hays County is trying to adopt a new policy that might diminish that impact.”
Council members Flores-Cale and Miguel Zuniga were concerned about the length of turnaround time for this process. In short, the program would need volunteers.
“It’s time-consuming to get those animals at the shelter,” animal control officer Briana Geddes said. “Since we are working with San Marcos, it’s an hour turnaround [to] get down to San
Saenz recommended “stepping back” and identifying who decides.
“If you have a fellow council member citizen raise the issue during the meeting then you know there’d be some analysis and review of it,” Saenz said. “If someone feels there was a violation, then a complaint would be filed and then the Ethics Commission reviews the issue based on the facts and circumstances, makes a determination and recommendation to council. Also, an ethics opinion could be requested from the ethics commission.”
After a roll-call vote, Flores-Cale’s motion failed 5-2, with Flores-Cale and Zuniga voting in favor of keeping the sentence. Ultimately, the amended ethics ordinance, without the sentence in question, was passed.
Residents can find the changes to the ordinance in the agenda pack or visit https://www.cityofkyle.com/council/ kyle-city-council-meeting-266
Marcos and come back just to drop off an animal and then we would be doing reverse direction, picking those animals up at San Marcos and going to the location and releasing them.”
“There’s so many volunteers who are chomping at the bit to help with this,” Banduch added. “We just have to be able to let them do it.”
Flores-Cale asked Banduch what TNR would recommend for cats when they “put them back out when the weather gets below freezing” and was under the impression that the city would be getting more cats.
Banduch clarified that with TNR, no additional cats would be put back in Kyle’s jurisdiction.
“These are cats that already exist in your jurisdiction,” Banduch said. “We are just leaving
those cats where they’re at and eliminating their ability to breed. So we’re not increasing your population; we’re actually going to decrease the population over time if this is done in a strategic and targeted way, which is what we want to do.”
Flores-Cale was in favor of working with TNR, but wanted to see a cost analysis of the program and the policy.
“I just want to make sure it makes sense for the city and for our staff
and for our residents,” Flores-Cale said. “I can’t just sit here and take other people’s words for it. I have a responsibility; I have to do my due diligence and since that information was not in the backup, I don’t know what that information is, so I can’t, with a clear mind, vote yes for this.”
The next city council meeting will be held at 5:30 p.m. on Jan. 17 at city hall, located at 100 W. Center St. in Kyle.
Classifieds
NOTICE OF
ESTABLISHMENT OF ADDITIONAL OUTOF-DISTRICT MEETING PLACE OF THE BOARD OF DIRECTORS OF NORTH HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
To the residents and taxpayers of North Hays County Municipal Utility District No.2 (the “District”), and to all the persons interested in the meetings of the Board of Directorsof such District:
Notice is hereby given that the Board of Directors of the District, at a meeting held on January 9, 2023, established an additional meeting place outside the boundaries of the District at the offices of Momark Development, LLC, 31 Navasota Street, Suite 240, Austin, Texas, 78702.
Said meeting place is hereby declared to be a public place and open to the public. All residents and taxpayers of the District and all other interested persons are hereby invited to attend any meetings of the Board of Directors at such location and other locations previously established by the Board of Directors as meeting places of the District.
/s/ Kevin Howard
Secretary, Board of Directors
NOTICE OF SALE OF REAL PROPERTY
STATE OF TEXAS
COUNTY OF HAYS
Cause: 18-2377
By virtue of an Order of Sale issued by the clerk of the 274th District Court of HAYS County, Texas, November 16, 2022, in cause numbered 182377, styled POST OAK ONE HOMEOWNERS ASSOCIATION, INC. versus ENRIQUE REYES on a judgment rendered against ENRIQUE REYES; I did on December 9, 2022,at 2:00 p.m., levy upon as the property of ENRIQUE REYES the following described real property:
Lot 2, Block F, POST OAK, PHASE ONE, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 11, PAGES 111-113, PLAT RECORDS, HAYS COUNTY, TEXAS MORE COMMONLY KNOWN AS 299 MUSGRAV, KYLE, TX 78640 (“PROPERTY’)
On February 7, 2023, being the first Tuesday of the month, between the hours of 10:00 A.M. and 4:00 P.M., beginning at 10:00 a.m., at the Hays County, at the South Door, 712 Stagecoach Trail of the Courthouse of the said County, in the City of San Marcos, Texas, I will sell for cash to the highest bidder, all the right, title and interest of ENRIQUE REYES in and to the real property described above.
Dated at Kyle, Hays County, Texas, December 9, 2022.
Michael Torres Constable, Pct. 2 Hays County, Texas 5458 FM 2770 Kyle, Texas 78640
by Patrick Chasse, DeputyNotice to Bidders: You are buying whatever interest, if any, the Debtor has in the property. Purchase of the Debtor's interest in the property may not extinguish any liens or security interests held by other persons. There are no warranties, express or implied, regarding the property being sold, including but not limited to warranties of title, merchantability or fitness for a particular purpose.
Notice to Judgment Debtor: If there is any property, real or personal, you want to point out for levy in lieu of the above described property, you must contact this office immediately.
NOTICE OF SALE OF REAL PROPERTY
State of Texas County of Hays
Cause: 19-0584
By virtue of an Order of Sale issued by the clerk of the 453rd District Court of HAYS County, Texas, December 2, 2022, in cause numbered 190584, styled POST OAK ONE
HOMEOWNERS ASSOCIATION, INC. versus Raymond Haag on a judgment rendered against Raymond Haag; I did on December 28, 2022, at 2:00 p.m., levy upon as the property of Raymond Haag the following described real property:
LOT2, BLOCK X, POST OAK SUBDIVISION, PHASE 3, A SUBDIVISION IN HAYS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 13, PAGE 261, OF THE PLAT RECORDS OF HAYS COUNTY, TEXAS MORE COMMONLY KNOWN AS 454 STENNIS, KYLE, TX 78640 (“PROPERTY”)
On February 7, 2023, being the first Tuesday of the month, between the hours of 10:00 A.M. and 4:00 P.M., beginning at 10:00 a.m., at the Hays County, at the South Door, 712 Stagecoach Trail of the Courthouse of the said County, in the City of San Marcos, Texas, I will sell for cash to the highest bidder, all the right, title and interest of Raymond Haag in and to the real property described above.
Dated at Kyle, Hays County, Texas, December 28, 2022.
Michael Torres Constable, Pct. 2 Hays County, Texas 5458 FM 2770 Kyle, Texas 78640
by Patrick Chasse, Deputy
Notice to Bidders: You are buying whatever interest, if any, the Debtor has in the property. Purchase of the Debtor's interest in the property may not extinguish any liens or security interests held by other persons. There are no warranties, express or implied, regarding the property being sold, including but not limited to warranties of title, merchantability or fitness for a particular purpose.
Notice to Judgment Debtor: If there is any property, real or personal, you want to point out for levy in lieu of the above described property, you must contact this office immediately.
NOTICE OF SALE
Notice of Sale -Morningstar Storage wishes to avail themselves of the Texas Provision of Chapter 59 of the Texas Property Code by conducting a public sale to the highest bidder for cash on their premises. This sale is listed below:
Date: January 25th, 2023 Time: 10:15 AM
Location: StorageAuctions.
com Unit 2086
Morningstar Storage reserves the right to refuse any bid or to cancel any public sale advertised. The property contents of these unit(s) are sold “as-is” “where-is” for CASH. Announcements made the day of the sale takes precedence over any printed materials.
PUBLIC NOTICE
City of Creedmoor Council will meet on January 19, 2023 at the Creedmoor City Hall at 12513
1625 Creedmoor, Texas at 7:00 pm.
All persons interested in the above have the right to appear and be heard.
PUBLIC NOTICES
By the order of the City Council of Creedmoor, Texas, Robert Wilhite Administrator.
NOTICE OF APPLICATION TO SUBDIVIDE
An application has been submitted with HAYS COUNTY to subdivide 18.80 acres of property located along the northeast corner of FM 2001 & Satterwhite Road, Buda, TX 78610. Information regarding the application may be obtained from Hays County Development Services (512) 393-2150. Tracking number: PLN-2108-NP.
NOTICE OF PUBLIC HEARING FOR THE HAYS CISD 2021-2022 ANNUAL REPORT HAYS CISD
The Hays Consolidated Independent School District will conduct a public hearing for the 2021 - 2022 Annual Report on January 17, 2023, as part of the regularly scheduled meeting of the Hays CISD Board of Trustees. The meeting will begin at 5:30 PM at the Historic Buda Elementary Upper Campus - Kunkel Room located at 300 San Marcos St., Buda, TX 78610. Texas Education Code B39.053 requires each school district's board of trustees to publish an annual performance report that includes the TAPR report; campus performance objectives; a report of violent or criminal incidents; and information received under the Texas Education Code B51.403(e) from the Texas Higher Education Coordinating Board.
AUDIENCIA
AVISO DE
PÚBLICA PARA EL INFORME DE RENDIMIENTO ACADÉMICO DE TEXAS HAYS CISD
El Distrito Escolar de Hays (HCISD) llevará acabo una audencia pública para el 20212022 informe de Rendimiento Académico de Tejas (TAPR) el 17 de enero, 2023, como parte de la reunión regularmente programada de la mesa directiva de Hays CISD. La reunion comenzará a las 5:30 pm en la Historic Buda Elementary Upper Campus - Kunkel Room ubicada en el300 San Marcos St., Buda, TX 78610.
El Código de Educación de Tejas B39.053 requiere que la mesa directiva de cada distrito escolar publique un informe anual de desempeño que incluya la información de TAPR; objetivos de rendimiento de cada escuela; un informe de incidentes violentos o criminales; e información recibida bajo el Código de Educación de Tejas B51.403(e) de la Texas Higher Education Coordinating Board.
NOTICE OF ABANDONED VEHICLE
Will the owners or lien holders of a 1978 Datsun vin # HLS30-467275, please contact Quantum Towing at (512) 295-8697. The vehicle is being held at our storage facility (VSF0658080) located at 800 Summit Dr. Kyle, TX 78640.
The vehicle has been in our possession since 12/4/2022 and has accrued fees of $1046.77 as of 1/6/2023. The vehicle will continue to accrue storage fees of $21.03 + tax a day until vehicle is released.
The failure of the owner to claim the vehicle & personal property before the 30th day after the date of this notice is provided is a waiver by the person of all right, title or interest in the vehicle & personal property and is a consent to the sale of the vehicle at a public auction.
NOTICE TO CREDITORS
NOTICE IS HEREBY
GIVEN that original Letters Testamentary for the Estate of Margaret Y. Roehrig, Deceased, were issued on December 14, 2022, in Cause No. 22-0472-P pending in the County Court at Law #1 of Hays County, Texas, to: John R. Roehrig. The address for such Independent Executor in Travis County, Texas is: John R. Roehrig c/o John Akin 3307 Northland Drive, Suite 185 Austin, Texas 78731 (512) 476-6258
All persons having claims against this Estate which is currently being administered are required to present them to the Independent Executor of the Estate of Margaret Y.
Roehrig, Deceased, at the address shown above within the time and in the manner prescribed by law. Dated the 11th day of January, 2023. John R. Roehrig, Independent Executor of the Estate of Margaret Y. Roehrig, Deceased.
NOTICE TO CREDITORS
Notice is hereby given that original Letters Testamentary for THE ESTATE OF DWIGHT EUGENE CASSELL, Deceased, were issued on June 1, 2021, in Probate Court No. 21-0138-P of Hays County, Texas, to: LINDA S. CASSELL
All persons having claims against this Estate, which is currently being administered, are required to present them to the undersigned within the time and in the manner prescribed by law.
Dated this 3rd day of January 2023.
Respectfully submitted, THE DANIEL LAW FIRM, PLLC
BY: R. BRIAN DANIEL SBN: 24012495 14101 Hwy. 290 W., Bldg. 600 Austin, Texas 78737 (512) 615-3569 - Main Office Phone (720) 308-5592 - Attorney Direct Line (866) 530-1855 - Fax brian@thedaniellawfirm.com
SUBCONTRACTOR & SUPPLIER PROPOSAL INFORMATION PACKET
Bartlett Cocke General contractors, Construction Manager-at-Risk, for: Hays CISD Academic Support Center - BP #2, is requesting competitive proposals from subcontractors and suppliers. Subcontractor and supplier proposals will be received via Fax to (512) 326-4339 or (512) 326-3990 Fax or via email to bidaus@
bartlettcocke.com no later than 2:00:00 PM on 1/19/2023. Any proposals received after this time will not be accepted.
Electronic copies of the proposal documents may be obtained from Bartlett Cocke or viewed at local and online planrooms. Contact Geoff Sandars via email Gsandars@ bartlettcocke.com or phone (512) 326-4223 Phone to make arrangements.
Small, Woman Owned, Disadvantaged, HUB, HUBZone, 8(a), Minority, and all similar firms are encouraged to submit proposals on this project. Bartlett Cocke General Contractors is an equal opportunity (EEO) employer.
NOTICE OF APPLICATION TO SUBDIVIDE
An application has been submitted with HAYS COUNTY to subdivide 3.010 acres of property located along Lone Man Mountain Rd., Wimberley, TX 78676. Information regarding the application may be obtained from Hays County Development Services (512) 393-2150. Tracking number: PLN-2124-NP.
NOTICE OF APPLICATION TO SUBDIVIDE
An application has been
submitted with HAYS COUNTY to subdivide 5.000 acres of property located along Prochnow Rd., Dripping Springs, TX 78620. Information regarding the application may be obtained from Hays County Development Services (512) 393-2150. Tracking number: PLN-2107-NP.
LOTS & ACREAGE
RENTAL LOT AVAILABLE
Quiet country setting, small travel trailer hookup in Buda. Electric and water furnished. 1 small pet allowed. Vegetable garden okay. Older couple preferred. $575/month. Call John 512-361-8864 or Toby 512-552-6106.
DIRECT CARE COUNSELORS
Provide positive role modeling, structure, and supervision to adolescent boys. No exp. required, We train comprehensively. Overtime available. $43,500 Average Annual Income. Flexible 8 & 16 hr shift schedules. Health/life/dental/vision insurance after 60 days. Min. requirements: Must be 21 yrs old, HS/ GED, clean TDL, clean criminal history, preemployment TB skin test, and drug screen. Growing (25+ year old) non-profit organization. www.pegasusschool.net. Call (512)432-1678 for further information.
LOG HOMES
Log Homes – Pay only the balance owed. Just Released: American Log Homes is assisting estate & account settlement on houses. Log Home kits selling for balance owed, free delivery. Model #101 Carolina, bal. $17,000; Model #203 Georgia, bal. $19,950; Model #305 Biloxi, bal. $14,500; Model #403 Augusta, bal. $16,500. View plans at www.americanloghomesandcabins.com; 704-368-4528.
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