MARCH 17, 2021 DISTRICT CHAMPS
LEHMAN 9-1 WIN
Dripping Springs Lady Tiger soccer team wins their district champion ship for third straight year.
Lobo baseball team defeats Seguin Matadors 9-1.
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Vol. 41 • No. 24
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Tensions arise as laptop remains in hand of ex employee
Highway study aims for safer, faster SH 21 HAYS COUNTY — The long range “corridor preservation study” on a 17-mile stretch of State Highway 21 (SH 21) from State Highway 80 to State Highway 130 began in February 2020, after the Hays County Commissioners Court approved the start of the initial study phase of the project co-sponsored by commissioners Debbie Gonzales Ingalsbe and Mark Jones. “This is Hays County living up to a long-term commitment,” Ingalsbe said. Her district stretches from the south and east sides of San Marcos through Uhland and the east side of Kyle, along the Hays-Caldwell County line, with SH 21 as the boundary. “We’ve made a number of improvements to SH 21 over the years,” she said. “Now we’re looking at the long-term and the big picture. How will this road meet the demands of the future and the growth we know is likely to continue?” Jones agreed. “We’re one of the state’s fastest growing counties,” said Jones, whose precinct includes Uhland, Niederwald, Buda and parts of Kyle. “We’re seeing very rapid growth along SH 21, and even more growth planned. SH 21 is also a major route for car and truck traffic passing through our region. We have to think ahead to make this road safe and keep traffic moving.” During the first phase of the project, the anticipated population and traffic growth along this corridor was evaluated to assist in the determination of the appropriate roadway facility type to accommodate the needs of the travelling public in 2040 and beyond. In addition to the anticipated regional growth, the engineers also considered needed safety improve-
BY SAHAR CHMAIS
PHOTO BY MOSES LEOS III/HAYS CISD
Lobo Theatre makes historical advancement
Lehman High senior Jared Brown (left) lifts Lobo junior Zoe Lough (center) with the help of junior Hannah Zuniga and senior Emilee Cude during the One Act Play “Things I Know to be True” by Andrew Bovell. The Lobo Theatre performance advanced the team to bi-district competition – a first for Lehman High. See full story, page 6.
Dripping Springs criminal mischief suspect caught red-handed –literally STAFF REPORT DRIPPING SPRINGS — A suspect in a vandalism case at Dripping Springs City Hall was arrested on March 11 after surveillance photos and video on social media led to the possible identity of the suspect. Hays County deputies responded to calls from city hall in the morning hours of March 10 reporting graffiti, criminal
mischief and a broken window. Offensive and racist messages were spray painted on the
exterior, GIBSON according to the city of Dripping
Springs. Bonnie Laurel Gibson (DOB: 05/25/1994) was later identified as the suspect after investigators discovered the paint on her hands and vehicle matched the color of the graffiti on the Dripping Springs City Hall building. Gibson was arrested on a warrant for Criminal Mischief, a State Jail Felony and transported to the Hays County Jail. A bond has not been set.
Tension filled the air March 9 as Hays County commissioners dove into the problem of unreturned county equipment from former Hays County employee Alex Villalobos. Hays County Judge Ruben Becerra (D) had an extensive back-and-forth with Commissioners Lon Shell (R) and Walt Smith (R) about the importance, or lack of, regarding the matter. “At the end of the day I think it’s petty,” Becerra said after nearly 10 minutes of the conversation. “It’s a laptop and we have laptops everywhere. I can bring the laptop back.” Shell and Smith did not find the situation to be this simple – Shell stressed the importance of returning the equipment and listed many reasons. “If we don’t take the responsibility seriously, equipment could be misused,” Shell told Becerra. “If you wish to have resources associated to that
UNRETURNED ITEMS, 2
Kyle Police investigate false report of active shooter STAFF REPORT
A SAFER HIGHWAY 21, 2
VIDEO BY CYNDY SLOVAK-BARTON
Above is a snapshot of the line that stretched over one mile at the Hays Performing Arts Center where the vaccine was being administered. See video at www.haysfreepress.com.
Vaccine surge causes long lines in Kyle BY SAHAR CHAMAIS HAYS COUNTY – Lines in the era of COVID-19 have become a less than scarce sighting; but last week Hays County witnessed a spike in its vaccine line up. The vaccine crowd driving into the Hays Performing Arts Center stretched over one-mile and completely crowd-
ed one road lane. Typically, the Hays County Local Health Department (HCLHD) has been able to vaccinate 800 to 900 people a day when vaccines are allotted. Last week, the county received a surge in vaccines and was giving 1,600 doses a day, according to Hays County. The effort started on Monday, March 8
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–Pages 8-10
and continued through Friday, March 12. Not all those standing in line are Hays County residents. Many Texans have been frantically seeking vaccines and driving for hours just to get their shot. Restrictions on who can get the vaccine have been periodically changing. In the most recent update, Texans
ages 50 and older will become eligible for the COVID-19 vaccine starting March 15. So far, 7.4 million vaccines have been administered in Texas with 4.8 million Texans who have received their first dose and 2.6 million fully vaccinated. The state has been giving Moderna, Pfizer and Johnson and Johnson vaccines.
The Hays Free Press Barton Publications, Inc. The Hays Free Press (USPS 361-430) published weekly by Barton Publications, Inc., P.O. Box 339, Buda, TX 78610. Periodicals postage paid at Buda, TX 78610 and additional mailing offices. POSTMASTER: Send address changes to Barton Publications, Inc., P.O. Box 339, Buda, TX 78610. ISSN#1087-9323
Kyle Police responded to a report of an active shooter on the 100 block of Brazos Lane shortly after 4 p.m. on Wednesday, March 10. Police are investigating the report which they said was false. The caller reported that an individual was “harming people inside of a home” and “making threats to responding law enforcement.” Residents in the immediate vicinity were evacuated. Kyle Police announced at about 6:30 p.m. on March 10 that the area was clear and no injuries were reported. Police found the home to be empty and believe the call was a hoax to lure local law enforcement in the area, Chief Jeff Barnett explained in a video update Wednesday evening.
ACTIVE SHOOTER HOAX, 2
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NEWS
Hays Free Press/News-Dispatch • March 17, 2021
A Safer Highway 21 Continued from pg. 1
ments, vehicular mobility needs, environmental constraints, existing buildings, historic sites, business and school-bus patterns, pedestrian and cyclist safety. The project team conducted multiple meetings with stakeholders along the corridor such as the San Marcos Airport, cities of San Marcos, Uhland and Niederwald, along with Hays CISD, TxDOT and Caldwell County. Two town hall events were also conducted virtually due to the COVID-19 pandemic. Participation in the virtual town halls exceeded expectations with 2,150 participants. During the virtual town hall events, participants were able to provide feedback to the county within the virtual town hall presentation, by email or phone as well as through an interactive mapping
tool. The project team determined that the traffic volumes along this segment of SH 21 are anticipated to more than double by 2040. An investigation into the crash history for the corridor found there has been a 68 percent increase over the prior five years (2014-2019). This is only expected to increase unless significant improvements are made. TxDOT has taken the first step to improve safety by beginning construction of interim improvements known as a “Super 2” which adds passing lanes and turning lanes at select locations along the corridor. Construction on this project began during the summer of 2020 and completion is anticipated in late 2021. To address capacity, access, and safety needs of the corridor in 2040 and
beyond, the project team determined that a freeway section with frontage roads provided the best solution to address the long-term needs. However, the full freeway section is not needed immediately and could be phased over a period of several years. Based on the projected traffic operations, population and traffic growth as well as the safety concerns associated with the differential speeds between through traffic and vehicles entering/ exiting the facility from the numerous driveways located along the corridor, the project team recommends right-of-way be acquired for the future expansion of SH 21 to a full freeway section with frontage roads. Construction of the proposed improvements would be phased in over time as
traffic volumes increase. The right-of-way width for a freeway facility is significantly greater than the current two-lane roadway that exists now. Expanding the facility through the cities of Uhland and Niederwald would have a significant impact on residences and businesses located immediately adjacent to the existing highway. Therefore, several bypass alternatives were developed and evaluated. The advantages and disadvantages of each of these alternatives were summarized in a final recommendation report presented to the Hays County Commissioners Court on Feb. 23. More detailed information on the project can be found on the Hays County project website at https:// hayscountytx.com/ sh-21-corridor-preserva-
Continued from pg. 1
ble,” Barnett said. “Because lost time can lead to lost lives. When someone makes a false report of this nature, they’re not
only wasting the valuable time and resources of the police department, but they’re also engaging in a very costly and dangerous
prank.” To watch Barnett’s briefing, visit the city of Kyle’s official Facebook Page.
Unreturned Items Continued from pg. 1
position, that’s a request you can make.” On March 2, Villalobos resigned his position as County Chief of Staff, but continued his work as an Emergency Management Coordinator. Historically, this position is given to county employees and is not assigned specific equipment. A county judge could request the assignment of equipment to the position, but it is not inherent. After resigning as chief
of staff, Villalobos did not return the equipment, as ordered by Becerra. The equipment Villalobos has includes a laptop, phone, keys and an ID badge. Becerra said his idea was to assign the equipment to the Emergency Management Coordinator, an official position, without reassigning the assets that Villalobos held while in his position as county chief of staff. The commissioners
Transportation (TxDOT) once additional funding is available. During the following phase, technical criteria will be defined to analyze the alternatives more thoroughly and additional stakeholder outreach and public involvement will be performed as required by the National Environmental Policy Act.
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Active Shooter Hoax “We train our officers and staff to respond to these active threat situations in the fastest and most efficient way possi-
tion-project-update. Although a high-level evaluation of the various Uhland and Niederwald bypass alternatives were performed, a preferred alignment or alternative has not been selected. Additional analysis will be performed during the next phase of the project in conjunction with the Texas Department of
argued that county assets need to be clearly defined and county auditors need to know where equipment is being used. Smith also explained that when the chief of staff position gets filled, the equipment needs to be available. Shell said that he does not like the tone of being told “I’m not giving my stuff back,” when the position needing those materials is vacant. The best course of action
would be to bring the equipment back so the auditor’s office can do their job and then make a clear decision on record, he added. “I’ll remedy it because it was my direction,” Becerra said. “It’s the easiest thing on the planet no matter how you slice it.” The Hays Free Press/ News-Dispatch contacted Villalobos’ and Becerra’s office for comment on the issue but did not get a response.
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Opinion
QUOTE OF THE WEEK “If we don’t take the responsibility seriously, equipment could be misused.” –Commissioner Lon Shell to Judge Becerra. See story on page 1.
Hays Free Press/News-Dispatch • March 17, 2021
Page 3
Court records can and should be more accessible BY AMY KRISTIN SANDERS AND RACHEL DAVIS MERSEY The recent winter storm left millions of Texans without power to heat their homes or water to drink. It has shaken our state to its core. As a result, Brazos Electric Power Cooperative, which dubs itself as Texas’ largest and oldest generation and transmission cooperative, recently filed for bankruptcy in federal court. What does this mean for the 1.5 million Texans served by the utility? What about other businesses and families in our communities who will have to file for bankruptcy as a result of the storm’s devastation? Unfortunately, the answers to these questions aren’t easy to come by because it is needlessly difficult to evaluate the federal courts and how they equitably – or inequitably – engage with the parties who appear before them. What we know from this example and others is that systematic study of court records – by journalists, legal aid groups and even everyday citizens – has the potential to uncover the successes and failings of our nation’s justice system. Yet the records aren’t kept in a way that makes that inexpensive or easy. Turning to the expense, court records, unlike other federal government records, are locked behind a paywall. It’ll cost you 10 cents per page to read them online – or even just to view your search results. That means to engage in meaningful oversight, journalists, advocacy groups or even everyday Texans would need to review thousands of records, at an unsustainable cost of time and money. Major legal research databases that collect some federal court records do exist. But unless you’re affiliated with a university, they too carry a hefty price tag. Second, it has been joked that navigating the antiquated system for accessing the records – known as PACER – requires more luck than money. The system’s cumbersome nature and outdated architecture are hardly user-friendly. Often searches return information that is of little value – but you pay for the results anyway. As our state’s watchdogs, Texas journalists regularly engage in government oversight, ensuring the three branches of government operate in the public’s interest. But you likely know that relentless budget cuts and staff reductions have made this kind of public-interest, watchdog journalism much less common. For journalists keeping an eye on our court system, the work is expensive, time consuming and requires significant expertise. But it doesn’t have to be this way. We can build a system that permits free and open access to court records, allowing journalists – and others – the ability to examine these documents just like they can examine the FEMA reports, Congressional roll call votes and nearly every other executive or legislative record. With a $5 million award from the National Science Foundation, our team is creating an Open Knowledge Network to increase transparency around court records. Our system, called SCALES, will allow users to engage in natural-language searches of the records – the same way you use Google to search the internet. With the help of SCALES, journalists, attorneys, scholars – and even judges – can quickly answer important questions about the justice system. The capacity to analyze large amounts of data holds enormous potential, but it requires being able to access court records without paying 10 cents per page. Making public records free just makes sense. Assembling and disseminating information to the public is a core function of a democratic government. Journalists, attorneys and researchers regularly rely on federal records to hold the government accountable, outline legal strategies and evaluate policy implementation. As news organizations around the state commemorate Sunshine Week, a nationwide initiative focused on highlighting the importance of open government and public records, we urge you to contact our Texas congressional delegation to voice your support for court records that are open and free to access. Tell them you support the Open Courts Act, a bipartisan bill that would eliminate access fees and align the judiciary with the rest of the federal government. It’s time we let a little sunshine into the federal courts.
One-time capital gains surcharge Looks like we are finally getting the upper hand on this nasty bug that has killed more than half a million of our fellow Americans. Case rates are plummeting and the immunized proportion of the population is climbing rapidly. Soberingly, if the observed death rate of 2.5% continues, we will still lose another quarter of a million lives before it is all over. The final death toll will probably exceed the number of Americans who died in World War I, World War II, Korea, and Vietnam combined. We will emerge from the shadow of the pandemic a very different country than before. The pandemic has slammed working people hard. Millions have lost jobs, life savings, and small businesses. Many are unable to make ends meet. Millions have been spared from homelessness temporarily, because of the moratorium on evictions. However, when that moratorium is over, the rent bill will be staggering, and without help, homelessness is likely to spike. All of this happened through no fault of the people suffering these setbacks. Meanwhile, those of us with significant amounts of money invested in the
God and Country by Phil Jones
stock market have been blessed with a massive windfall in soaring financial assets – also through no particular virtue of our own. I have one foot in each camp. I am semi-retired from a 45-year career as a working man. I still work as I am able in my late 60s, and do my best to steward my retirement nest egg. That nest egg was built up from savings over those 45 years of work, and augmented by inheritance when my parents died. My income from work has dropped dramatically over the past 12 months, as many of the former opportunities have vanished, but my income from investing has thrived. If ever there was a time for investors to help working people get back on their feet, surely it is right now. For the last 40 years, the United States has been ruled by an economic philosophy called “Supply Side” or “Trickle Down.” While it has whipped inflation, and fostered a new
If you think it’s news, we probably do too! • Newsroom phone: 512-268-7862 • E-mail: news@haysfreepress.com • Mail: 113 W. Center St., Kyle, TX 78640
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runs counter to Biblical teachings. And it is working beautifully for the investment class. Not so well for the rest of us. The reality is that there are many different reasons why people are rich, and there are just as many different reasons why people are poor, and lots of those reasons have nothing to do with the relative virtue of the individuals in question. The situation we are in today illustrates that with crystal clarity. The burdens of working people have been made much heavier by the pandemic, through no fault of their own. Jesus said, “Come unto me, all you that labor and are heavy laden, and I will give you rest.” Will we be like Jesus, and give rest to those that labor and are heavy laden? Or will we continue to tell them that they deserve their fate, and reject all relief proposals as “socialism”? Will we choose to be one nation, under God, indivisible, as the pledge of allegiance says? Or will the investment class simply kick the working class to the curb, one more time? Investors got a huge tax cut three or four years ago. It’s time we give back. djones2032@austin.rr.com
Barton Publications, Inc. News tips: news@haysfreepress.com Opinions: csb@haysfreepress.com 113 W. Center St., Kyle, TX 78640 www.haysfreepress.com 512-268-7862
Amy Kristin Sanders is an associate professor in the University of Texas at Austin School of Journalism and Media and an expert on freedom of information and government transparency. Rachel Davis Mersey is the associate dean of research for the Moody College of Communication at the University of Texas at Austin. Both are former journalists. The views expressed are those of the authors and do not reflect the official policy or position of the National Science Foundation.
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type of prosperity, it has had two nasty side effects. One of those side effects has been a radical widening of the gap between rich, poor and middle classes. Simply put, the rich have benefited astronomically, while the middle class have stagnated, and the increasing numbers of poor have been ground underfoot. Another nasty side effect of the Supply Side economy has been the way its toxic philosophical underpinnings have taken hold in our culture, and come to be accepted even by Christians – who should know better. That philosophy says, in part, that rich people are rich because they are superior people, i.e., they work harder, they are smarter, and they are more upright morally. It further teaches that poor people are poor because they are inferior, lazy, and immoral. It goes on to say that the best way to help the poor is to give money to the rich, who will invest it, thus creating jobs. It further teaches that poor people don’t deserve to be helped, and rich people should not be asked, much less required, to help them. Simply put, it is a philosophy invented by rich people, for the benefit of rich people, and
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SPORTS
Hays Free Press/News-Dispatch • March 17, 2021
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Tigers take district championship
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After Friday’s matchup with the Lehman Lady Lobos, the Dripping Springs girls soccer team clinched the district title with an 18-1-1 record for the season and is currently ranked 6th in the state. The final score of Friday’s game was 7-0, Dripping Springs. Top left, senior Rylie Flores (7) works the ball toward the Lobo goal. Flores scored 2 of Friday night’s goals. Top right, senior Sophia Picucci tries to work around a tough Lobo defense.
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A three-run first frame, paired with a four-run fifth, carried the Lehman Lobos baseball team to a dominating 9-1 district opening victory March 6 over the Seguin Matadors. Leading the way for Lehman was Lobo freshman Pete Cienega who went 3 for 3 at the plate with a double, a triple, two total RBIs and a walk. Also aiding the effort was Lobo Oscar Garza who went 3 for 4 at the plate with two RBIs. On the mound, Lehman senior pitcher Cameron Soliz notched the win with 13 strikeouts and conceded only two hits and two walks across six innings. Above, Lehman junior Lorenzo Bazan Jr. safely slides into home plate to tally a run. Below, junior Oscar Garza puts bat to ball as he makes contact with a pitch. Lehman continued district play Tuesday with a contest at Kerrville Tivy. The Lobos return home March 19 when they host Johnson High at 1 p.m.
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SPORTS
Page 5
We, Commissioner Mark Jones and James Kohler, would like to thank the following businesses and individuals for their support for the youth of Hays County and the Hays County Livestock Show!
Thank You!
Commissioner Mark Jones, Hays County Pct. 2 and James Kohler
PHOTOS BY MOSES LEOS III/HAYS CISD
Lady Jags beat Lobos 7-6 A two-run top of the seventh frame made the difference March 9 for the Johnson Jaguars softball team as it captured victory from the jaws of defeat and slipped past the rival Lehman Lobos 7-6 at Lobo Field. Jaguar Reagan Barnett finished with three hits in the contest and Jaeden Burnham had a pair of RBIs. Lehman High's Aliyah Tanguma finished with two RBIs in the contest. Above, Johnson High’s Sydney Wagner (left) slides under the tag of Lehman Lobo Alyssa Ysla at home plate to score a run in the top of the seventh inning of their March 9 game. Left, even as Lehman Lobo baserunner Aliyah Tanguma (right) springs toward third base, Johnson High infielder Celeste Cisneros (left) attacks a ground ball.
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PHOTOS BY MOSES LEOS III/HAYS CISD With fans and competitors watching, Hays High senior Michael Boudoin flew through the air as he attempted to clear 6-feet, 6-inches in the high jump.
Numerous varsity-level track and field athletes from across Central Texas took to Bob Shelton Stadium March 11 as they raced to the finish line in the annual Don Shelton Relays, which returned after a hiatus in 2020 due to the COVID-19 pandemic. Included in that list of schools were athletes from Hays High, Lehman High and Johnson High who all excelled in their individual events. Also participating were athletes from San Marcos, Dripping Springs, San Antonio Brandeis and Bastrop. Thursday's event was one of a handful of meets for some programs to participate in prior to District in early April. Highlighting the day was Lehman High's Nikayla Fitzgerald who captured gold in the girls long jump and triple jump events. Meanwhile, Hays High's team had
Lehman High senior Nikayla Fitzgerald takes a giant leap for Lobo kind as she hits the dirt to complete an attempt in the triple jump at the annual Shelton Relays.
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several winners including Michael Boudoin and Lexi Myers who captured wins in the boys and girls high jump. Johnson High sprinter Warren Anguiano won gold in the boys 400 meter dash, while Jaguar distance runner Nayeli Munoz won first place in the 3200 meter run.
Dripping Springs Tigers Stormie Goldsmith (background) and Gabrielle Ridenour float through the air as they race toward the finish line in the girls 100 meter hurdles.
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NEWS
Hays Free Press/News-Dispatch • March 17, 2021
OBITUARIES DONAGHE
The family is planning a Celebration of Life service to be held in April, all details will be posted on family Facebook pages.
MILLER
style. She loved to laugh, displayed a gentle kindness Rodney Arthur Miller Willie “Will” Donaghe as well as a fiery presence died Thursday, March 11, died on March 7, 2021, at that did not nix words. 2021 in the age of When Donna would state, Houston, 77. Sur“Put that in your pipe and Texas at the rounded by MARTINEZ smoke it”, you knew you age of 51. his wife and were in trouble. She was a Rene “El Chango” MarA resident two daughbest friend and could talk tinez Sr, 69 (1951-2021) of of Buda, he ters, Will for hours. She was a conSan Marcos was born peacefully fidante who never spilled died on on July entered the secrets of others. DonMarch 9, 14, 1969, his eternal na was warm and loving. 2021. to Robert home, leavWhen she loved you, you Viewing and Sherri ing behind knew you were truly loved. was held Miller. memories and family that Donna was a talented March 12 at He was proceeded in will carry his legacy on for painter who appreciated Harrell Fudeath by his wife Darlene decades to come. Miller, father Robert Miller, many forms of artwork, she Will was born in Brown- neral Home of Kyle. grandmother Winifred Mae enjoyed putting together field on Oct. 2, 1943, to Rene (Miles) Whisenant, and Mr. puzzles, journaling, tendthe late Frank and Mable ing her flower garden, bird and Mrs. Arthur Miller of Donaghe. He was the sec- Martinez Sr was born on watching, and taking care ond oldest of four children. April 19, 1951 in Port Isabel. Chilton. He is preceded in of her dog, Stormy. She Rodney could light up He grew up in Guymon, death by his beloved wife a room with his amazing loved tulips and found the Oklahoma, and Andrews Rosa Sandoval Martinez, smile and huge heart. He value of a simple red rose. and Odessa, Texas. He daughter Irene Martinez, helped anyone he could. Donna had a big heart. graduated from Odessa his parents David and Rosa He loved fishing, reading, She had much concern High School. Martinez, brothers Guawatching football, movies for her loved ones and He met the love of his dalupe Martinez Sr, David and to bar-b-que for family friends. Donna prayed for life, Alma Jewel Walton, and married her just three Martinez Jr, Elida Hunt and and friends. He worked as everyone and exemplified a professional flooring and forgiveness. great-grandson Harrison months later on Oct. 28, formica contractor. Quintez King Jr. 1967. The beloved couple Donna is survived by her Survived by his mothRene Sr. is survived by son would have celebrated husband Daniel Perkins, Rene Martinez Jr (Veronica) er Sherri, sisters Bryana their 54th wedding anniher mother Rita DurhamBenton, Brittney Benton Austin, daughter Barbara versary this year. her, children Tonya Ann Garza (Alberto “Porky”) and Bridgette Benton, After living in Odessa, Voudouris, Crystal Gilpin Rockvale, Tennessee, daugh- cousin, like a brother, Phil- and her husband Johnny, Dallas and Austin, Will lip Modgling and his wife ter Cynthia Ann Martinez and his wife raised their Kimberly Voudouris and Malissa Beth, and friend two daughters in Dripping (Gerardo) San Marcos, son Chris Voudouris, as well as Roel Martinez (Naomi) Kyle, Ray Hall. Springs, before retiring to her grandchildren Micah, Also survived by nieces Austin and later to George- brothers Rosendo “Chen” William, Skyler, Preston, Alchemy, Lindsey, Victoria town where he focused on Martinez, Abelardo “Lalo” DeVanie, Aschley, Zachary, Martinez, sisters Alma Leos, and Natalee, nephews their grandchildren. Jessica, Shiii, Baby John, Ancel, Shelton and Blake, Will had a successful ca- Rosa “Rosie” Martinez, Carly, Emerson, Bambi as well as many family Ernestina “Tina” Percero, reer in the HVAC industry Jeanine and Avianna, inmembers and friends. Juanita Vergara. as well as owning a facility cluding 6 great-grandchilViewing will be ThursGrandchildren include management company dren. Donna was preceded day, March 18 at ThomaAshley Renee Garza, April for 23 years. One of the in death by her brother son Funeral Home in WimJustine Martinez, Bianca properties he managed Don “Bubba” Durham, her berley at 1 p.m., followed was Starwood Hotels & Re- Monique Garza, Jordan father Donald Durham, by a memorial service at sorts Call Center in Austin. David Mora, Adrian Rene and his wife Mary Kay 2 p.m. Burial will follow at Martinez, Sabrina Lynn He was lovingly referred Durham. Donna also Driftwood Cemetery. Mora, Albert Garza Jr, to as a MacGyver, fixer of leaves behind her siblings anything and he was a very Felysha Rose Martinez, Karen Scott, Roy Durham PERKINS Manuel Joseph Martinez, skilled carpenter. and wife Holly Durham, Roel Martinez Jr, Zoey Lynn His faith and love of Donna Marice Durham and Gaylon Durham Jesus Christ was especially Martinez, Elijah Walker Perkins, a dedicated and wife Pauli Durham. Martinez and Noelle Irene important to him. He was mother, wife, grandmother, Pallbearers are Chris Martinez. an ordained deacon at and best Voudouris, Roy Durham, Great-grandchildren Northwest Baptist Church friend with Gaylon Durham, Micah include Jayden Isaac Garza, a kind heart in Austin and later joined Sutton, Larry Clopton and Ezequiel Alberto Vasquez, Crestview Baptist Church and gentle Chris Garza. Please keep Michael Andres Castro, in Georgetown. spirit, died Donna’s family in your Priscilla Ann Vasquez, Mia He is survived by his Sunday, prayers as they heal from Rae Mora, Amelia Rose loving wife Alma Walton February their loss. Cabrera, Ray Isaiah King, Donaghe, two adored 28, 2021 in A celebration of life was Selena Alani ‘Rose Garza daughters Tara Donaghe Buda at the held for Donna at Harrell and numerous nieces, Barnikow (Karl) and Carage of 65. Funeral Home in Kyle men Donaghe Wolfe (Joe), nephews, great-nephews Donon March 4. Interment and great-nieces all of seven treasured grandna was born to Rita and followed at Onion Creek whom he loved so dearly. children – Noah, Laina Donald Durham in Austin Memorial Park in Austin. Visit www.Harrellfunerand Logan Barnikow, and on March 11, 1955. She Memories and photos Elijah, Dylan, Zachary and alhomes.com to share a was one of five children. of Donna may be shared fond memory, photograph Ella Wolfe, older brother Donna, being born and on her online webpage at or condolence with Rene’s Morrison Donaghe, and raised in Austin, absorbed www.harrellfuneralhomes. family on his on-line metwo younger sisters Betty and exuded everything Kirby and Joy Vestal. morial site. representing Austin’s lifecom.
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many struggles of the Price Family. The play begins with a monologue from Rosie Price on a European getaway during her gapyear. She reveals that she had met a man called Emanuel while she was in Berlin, but found that he’d stolen most of her valuables and run away when she woke up one night - forcing her to return to Australia. Lobo awards won at District OAP were: Technical Award – Josh O'Connor; Outstanding Technical Crew – Gabi Rivas, Josh O'Connor, Zoe Zuniga, Sarai Diaz, Arissa de los Santos, Emma Die; Honorable Mention All-Star Cast – Emilee Cude; All-Star Cast – Zachary White; Outstanding Performer – Jared Brown
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For the first time in its history, the Lehman Lobo Theatre company is on its way to the bi-district round of UIL One Act Play Competition. On March 6, the Lobo Theatre, led by Director Stephanie Sanders, advanced after a strong performance of "Things I Know to be True" by Andrew Bovell at the 26-5A District OAP competition held in Boerne. That result pushed the Lobos into the bi-district round, held March 24 at Rouse High, which marks the program's deepest run in UIL competition. In addition, nine Lobos earned superlative accolades at the District OAP competition. The plot of Things I Know To Be True follows the story and the
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Sudoku Puzzle, from page 5
Lobo Theatre makes historical UIL advance to bi-district round
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 1626 & Manchaca Rd., Manchaca Resurrection Church, CLBA 401 FM 967, Buda St. John Lutheran Church 9865 Camino Real, Uhland The Well Buda Buda United Methodist Church San Marcos & Elm St., Buda
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Hays Free Press/News-Dispatch • March 17, 2021
HISTORY
Page 7
The Clements – A family of killers Mannen Clements, Sr. decided to take a break from politicking on Mar. 23, 1887 and stepped into a Ballinger barroom for a refreshing drink. What he got instead was a deadly barrage of bullets. Including members of their extended family, the Clements were a closeknit clan of cold-blooded killers. Besides Mannen and his brothers Gyp, Jim and Joe, the lethal lineup featured cousin John Wesley Hardin, son-in-law “Deacon” Jim Miller and Mannen, Jr. better known as Mannie. Wes Hardin eluded the law in early 1871 by lying low at the Clements ranch in Gonzales County. The teenaged terror accompanied his kin on a cattle drive to Kansas that littered the Chisholm Trail with bodies. He added a half dozen notches to his blazing six-gun, while Mannen blew away two insubordinate cowpunchers. After breaking Wes out of jail in 1872, the
direct proportion to their own mysterious losses. To Texas intimidate his detractors and prevent a potentially History incriminating investiby Bartee Haile gation, Mannen ran for Runnels County Sheriff in 1887. Clements boys and their On the candidate’s trigger-happy cousin campaign staff was Jim spent the next two years Miller, a young drifter fighting on the side of the Mannen hired in spite of Taylors, distant relatives, or maybe because of his in their Gulf Coast feud reputation as an up-anwith the Suttons. As the coming contract killer. private war petered out, The soft-spoken assasthe Clements went back sin not only felt deeply to rustling cattle and indebted to the elder Wes continued his killing Mannen but also was his spree. son’s best friend and his When Wes was slapped daughter Sallie’s suitor. with a 25-year prison Although everyone term in 1878, Mannen assumed the saloon promised to care for his slaying of Mannen Clewife and children. The ments by city marshal addition of the Hardins to Joe Townsend would be his long list of dependents avenged by his brothers, was no financial strain for the choice of weapthe rancher, who by the ons implicated Miller. mid-1880’s had become Townsend survived the one of the wealthiest cat- shotgun blast, but his left tlemen in West Texas. arm was so badly mutilatNumerous neighbors ed in the ambush that it had noticed that the size had to be amputated. of the Clements herd Jim vanished but seseemed to increase in cretly sent for Sallie Clem-
ents, who eagerly wed the fugitive. Five years later, Mannie Clements was reunited with his pal and sister, and their violent struggle with Sheriff Bud Frazer for control of Pecos turned the sleepy town into a battleground. By the time “Deacon Jim” finished off his foe in the usual fashion, Mannen had moved to El Paso and launched an unlikely career in law enforcement. Soon after his arrival, Wes Hardin, recently paroled after 15 years behind bars, was gunned down in a local dive. Although Mannie wore a badge for 14 years, he remained an outlaw at heart. He often abused his authority to cover up his crimes and to bully critics into submission. Hearing that the respectable element had circulated a petition to protest his possible promotion to police captain, Mannie angrily confronted the mayor. “I am going to get every one of those names off the petition,”
he vowed and succeeded in doing exactly that. But the tough tactics did not secure the higher office. Finally in 1908 Mannie’s enemies were convinced they had the goods on him. Positively identified by a robbery victim as the man who took his cash and diamonds at gunpoint, Mannie seemed smugly confident as the trial date approached. A surprise acquittal spared him a stretch in the penitentiary, but Mannie’s law enforcement days were over. He reportedly resorted to smuggling Chines aliens over the border, a hazardous occupation that barely covered his bar tab. On Dec. 29, 1908, Mannie swaggered into the Coney Island Saloon, an El Paso watering hole once called a meeting place for “all the uncaged convicts in the west.” Minutes later a shot rang out and Mannie slumped to the floor with a bullet hole in the back of his head.
Patrons quickly scattered leaving the proprietor to tell the first officer on the scene, “Mannen Clements just committed suicide.” The police charged a bartender with the murder, but a wishywashy jury, after voting eight to four in favor of conviction on the first ballot, later returned a verdict of not-guilty. Jim Miller did not live long enough to avenge the son as he had the father. The hired killer undoubtedly planned to turn El Paso inside out until he found Mannie’s murderer but had to honor a prior commitment in Oklahoma. His dirty work done, Jim was detained by a lynch mob that insisted he hang around awhile. Read all about the early years of the oil frenzy in “Texas Boomtowns: A History of Blood and Oil” Order your copy for $24.00 by mailing a check to Bartee Haile, P.O. Box 130011, Spring, TX 77393.
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Hays Free Press/News-Dispatch • March 17, 2021
PUBLIC NOTICES NOTICE TO CREDITORS
Notice is hereby given that original Letters of Testamentary for the Estate of MICHAEL WAYNE SMITH, Deceased, were issued on March 11, 2021, under Docket No. 20-0421-P, pending in the Probate Court of Hays County, Texas, to EMMA SUE SMITH. Claims may be presented in care of the attorney for the estate, addressed as follows: Representative, EMMA SUE SMITH Estate of MICHAEL WAYNE SMITH, Deceased c/o THE ROLAND BROWN LAW FIRM POST OFFICE BOX 278 WIMBERLEY, TEXAS 78676-0278 All persons having claims against this estate, which is currently being administered, are required to present them within the time and in the manner prescribed by law. DATED March 12, 2021 ROLAND BROWNS Attorney(s) for Applicant
REQUEST FOR PROPOSALS DOWNTOWN RESTAURATEUR TENANT
The City of Kyle is seeking proposals highlighting the interest and qualifications for a Restaurateur tenant for a downtown parcel owned by the City. The space has prime frontage on Burleson Street in the city’s new-tobe constructed three story multitenant building and includes 1600 +/- square feet to be finished by Restaurateur tenant, as well as some outdoor seating. Statements of Interest and Qualifications, will be received electronically by email at LLyons@cityofkyle.com use subject line ‘SOI – 104 S Burleson Tenant’ Physical copies are not desired. Statements of Interest will be received until 12:00 P.M. on Friday, April 9, and potential tenants will then be considered by City Council in Executive session under Economic Incentives. Details of what the City seeks may be secured from the City website ((www. cityofkyle.com/rfps)) and are also available from the office of the City Secretary, Kyle, Texas. The City reserves the right to accept or reject any and all proposals and to accept only those proposals which are in the best interest of the City of Kyle.
NOTICE TO CREDITORS
Notice is given that original Letters Testamentary upon the Estate of Patsy Lou Sturdivant-Brewington were issued on January 21, 2021, in Cause Number 20-0128P, pending in the County Court at Law No. 1 of Hays County, Texas, to Jared Scott Sturdivant and Cynthia Jane Sturdivant Creghan, as Independent Co-Executors.
All persons having claims against the estate are hereby required to present the same within the time and manner prescribed by law, and before the estate is closed, to Jared Scott Sturdivant and Cynthia Jane Sturdivant Creghan, Independent Co-Executors, as follows: c/o J. Brian Thomas, Caldwell, Bennett, Thomas, Toraason & Mead, PLLC. 4851 LBJ Frwy., Ste 601 Dallas, Texas 75244
NOTICE TO CREDITORS
Notice is hereby given that original Letters Testamentary for the Estate of James R. Chisam, Deceased, were issued on February 23, 2021, in Cause No. 21-0042-P, pending in the County Court at Law No. 2, Hays County, Texas, to: Robert Pickens. 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. c/o: Steven C. Holman Attorney at Law 12222 Merit Dr. Suite 1200 DALLAS, TX 75251 DATED the 9th day of March, 2021. Steven C. Holman Attorney for Robert Pickens State Bar No.: 24104037 12222 Merit Dr. Suite 1200 DALLAS, TX 75251 Telephone: (972) 474-7828 Facsimile: (972) 525-0234 E-mail: steven.holman@ holmanlawllp.com
PUBLIC NOTICE
By order of the Hays County Commissioners Court, notice is hereby given that on March 30th, 2021 at 9 a.m. in the Hays County Courthouse, 111 E. San Antonio Street, the Hays County Commissioners Court will hold a public hearing to consider: Mystic Creek, Lot 15, Replat
PUBLIC NOTICE
By order of the Hays County Commissioners Court, notice is hereby given that on March 30th, 2021 at 9 a.m. in the Hays County Courthouse, 111 E. San Antonio Street, the Hays County Commissioners Court will hold a public hearing to consider: Heaton Hollow, Tract 16, Replat
NOTICE OF APPLICATION TO SUBDIVIDE
An application has been filed with HAYS COUNTY to plat 1.00 aces of property located on W US 290 and Nutty Brown Road, Austin, TX 78737. Information regarding the application may be obtained from Hays County Development Services 512-939-2150. Tracking Number: PLN-1479-NP
PUBLIC NOTICES, 9
Texas Commission on Environmental Quality
COMBINED NOTICE OF PUBLIC MEETING AND NOTICE OF APPLICATION AND PRELIMINARY DECISION FOR TPDES PERMIT FOR MUNICIPAL WASTEWATER (NAPD) NEW PERMIT NO. WQ0015594001
APPLICATION AND PRELIMINARY DECISION. Sawyer-Cleveland Partnership, Ltd., 7 Herald Oak Court, Spring, Texas 77381, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015594001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. TCEQ received this application on July 21, 2017.
The facility will be located approximately 720 feet southwest of the intersection of U.S. Highway 290 and Sawyer Ranch Road, in Hays County, Texas 78737. The treated effluent will be discharged to a man-made ditch, thence to a retention pond, thence to an unnamed tributary, thence to Long Branch, thence to Barton Creek in Segment No. 1430 of the Colorado River Basin. The unclassified receiving water uses are minimal aquatic life use for the man-made ditch and retention pond, limited aquatic life use for the unnamed tributary, and high aquatic life use for Long Branch. The designated uses for Segment No. 1430 are primary contact recreation, aquifer protection, and high aquatic life use. The aquifer protection use applies to the contributing, recharge, and transition zones of the Edwards Aquifer. In accordance with 30 Texas Administrative Code Section 307.5 and the TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Long Branch or Barton Creek, which have been identified as having high aquatic life use. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. This link to an electronic map of the site or facility’s general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application. https://tceq.maps.arcgis.com/apps/ webappviewer/index.html?id=db5bac44afbc468bbddd360 f8168250f&marker=-97.9997%2C30.1958&level=12 The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at the Dripping Springs Community Library, 501 Sportsplex Drive, Dripping Springs, Texas.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments about this application. The TCEQ will hold a public meeting on this application because it was requested by legislators. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application. The Public Meeting is to be held: Tuesday, April 20, 2021 at 7:00 PM
LEGAL NOTICE
Application has been made with the Texas Alcoholic Beverage Commission for a (1) Mixed Beverage Restaurant Permit with FB, (2) Food and Beverage Certificate and (3) Beverage Cartage Permit by Taste Tindol Restaurant Incorporated L.L.C. to be located at 116 N. Main, Buda, Hays County, TX 78610. Owner Tamra Tindol.
Members of the public who would like to ask questions or provide comments during the meeting may access the meeting via webcast by following this link: https://www. gotomeeting.com/webinar/join-webinar and entering Webinar ID 189-821-291. It is recommended that you join the webinar and register for the public meeting at least 15 minutes before the meeting begins. You will be given the option to use your computer audio or to use your phone for participating in the webinar. Those without internet access may call (512) 239-1201 at least one day prior to the meeting for assistance in accessing the meeting and participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (213) 929-4212 and enter access code 950-063-731. Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/decisions/hearings/ calendar.html.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or 1-800-RELAY-TX (TDD) at least five business days prior to the meeting. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the Executive Director’s decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and proposed permit number; the location and distance of your property/ activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period; and the statement "[I/ we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group’s representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member’s location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group’s purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material water quality concerns submitted during the comment period.
EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director’s decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below. All written public comments and public meeting requests must be submitted to the Office of the Chief Clerk, MC 105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www14.tceq.texas.gov/epic/eComment/ within 30 days from the date of newspaper publication of this notice or by the date of the public meeting, whichever is later. INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners’ Integrated Database at www.tceq.texas. gov/goto/cid. Search the database using the permit number for this application, which is provided at the top of this notice.
AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Any personal information you submit to the TCEQ will become part of the agency’s record; this includes email addresses. For more information about this permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at 1-800-687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en Español, puede llamar al 1-800-687-4040. Further information may also be obtained from SawyerCleveland Partnership, Ltd. at the address stated above or by calling Mr. Richard Rolland, Capital Real Estate, at 713-681-1100. Issuance Date: March 10, 2021
Classifieds Hays Free Press • March 17, 2021
Page 9
EMPLOYMENT
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Searching for lightly used older RV Trailer. One owner. Never subjected to insect treatment or other pesticide. Call Robbie at 512-745-3596
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For all the latest Hays County news, visit
HaysFreePress.com
www.
www.HaysNewsDispatch.com PUBLIC NOTICES ADVERTISEMENT FOR BIDS PROJECT: 150 BUSINESS PARK PUBLIC/PRIVATE WASTEWATER LINE OWNERS: CITY OF KYLE/ TEXAS REALTY RETAIL PARTNERS CONTRACTS AND BID DEADLINE: Sealed bids for the referenced project will be received at the address indicated above until 2:00 P.M. local time, Friday, March 26, 2021 and will then be publicly opened and read aloud. The Bids shall be sent to Texas Realty Retail Partners at the address given below. The proposed scope of work includes two groups of tasks: A. Center Street wastewater line Phase one, which encompasses 1023 lf of 21” and 24” wastewater line, including manholes, boring under Hill Street and other related work and B. Site work for phase one of a Business Park; including erosion controls, water and waste water piping, storm drain system, grading, paving, landscaping, electrical conduits, and revegetation. CONTRACT DOCUMENTS: The Contract Documents, consisting of Advertisement for Bids, Instructions to Bidders, Bid Proposal Form, Affidavit of Organization and Authority, Bid Bond (in the amount of 5% of the maximum amount of Item A of the bid. The security shall be in the form of a certified check or cashier's check, or bid bond furnished by a reliable surety company having authority under the laws of Texas to write surety bonds in the amount required, with such security made payable
without recourse to the City of Kyle) Disclosure of Ownership, Notice of Award Form, Agreement Form, Notice to Proceed Form, Performance/ Payment Bond (100% for Part A of the bid), Certificate of Insurance, General Conditions, Special Conditions. The bid shall be submitted in a sealed envelope, clearly marked: Bid for construction of Center Street wastewater line phase 1 and Business Park 150 Site Work and infrastructure. Technical Specifications, Drawings and Addenda (if any) may be examined at the following locations: Vigil and Associates 4005 Banister Lane, Suite 225-C Austin, Texas 78704 Texas Realty Retail Partners 9811 SO IH 35 Blg3, Suite 100 Austin TX 78744 512 280 5353 Copies of the Contract Documents and the Construction Plans may be obtained at the office of Vigil and Associates, 4005 Banister Lane, Suite 225-C, Austin, Texas, 78704. There is a $100 non-refundable copying and distribution charge for these documents. QUALIFICATIONS: Bidders must be prequalified with the City of Kyle Public Works Department within the last year or must be prequalified for this work 5 days prior to the bid deadline in accordance. RIGHTS RESERVED: Texas Realty Retail Partners reserves the right to reject any and all bids, for whatever reason, and to waive any informalities in bids or in the bid process. Published by the authority of: Robert W. McDonald, III Partner-Texas Realty Retail Partners
PUBLIC NOTICES, 10
NEWS FROM AROUND THE STATE
State’s jobless rate still double record low The state’s unemployment rate dropped to 6.8% in January, down a tick from December’s 6.9% rate but double the record low of 3.4% in May 2019. It is unclear what effect the mid-February winter storm had on employment, when power outages swept the state and many roads were impassable. We’ll find out next month. What is certain is that state lawmakers must grapple with a revenue shortfall as they build a biennial budget, since sales tax revenues are down from the previous year. The state comptroller’s office announced February sales tax revenues totaled $2.68 billion, down 7.5% from the same period last year. Sales taxes account for most of the state’s revenues. Texas Comptroller Glenn Hegar announced in January that the state was running a $1 billion deficit for the current budget. Hegar estimated state budget writers will have an estimated $112.5 billion in revenue available for the next twoyear budget, which is nearly $500 million less than the total current budget. Hegar said the forecast could change due to uncertainties such as the continuing effect of the pandemic, oil and gas revenues and how quickly the state’s economy rebounds as the state
Capital Highlights
by Gary Borders
fully reopens.
ABBOTT, PATRICK SPAR OVER PUC, ERCOT The market monitor for the Public Utility Commission has revised its claim that the Electric Reliability Council of Texas overcharged power companies by $16 billion during the winter storm, saying last week that the actual amount is $4.2 billion. Gov. Gregg Abbott has made legislation relating to correcting any ERCOT billing errors an emergency item. In a highly unusual move, Lt. Gov. Dan Patrick showed up at a state senate committee hearing to question the lone remaining member of the PUC — new chair Arthur D’Andrea. Patrick on Friday night called on Abbott to replace D’Andrea after he fills the other two vacancies on the PUC. Patrick also said Abbott should intercede to “correct” the pricing error. Abbott quickly — and tersely — responded to Patrick, saying that, as a former Supreme Court justice and former Attorney General, the governor’s legal view is that he does not have
“independent authority to accomplish the goals you seek,” which is why he made the issue an emergency item for the Legislature to consider. This saga is far from over.
ages 50 to 64 will continue the state’s priorities of protecting those at the greatest risk of severe outcomes and preserving the state’s health care system.”
COVID-19 VACCINES STEADILY RISING ACROSS STATE
COVID-19 CASES, DEATHS CONTINUE TO DROP
With another 800,000 doses of COVID-19 vaccines arriving in Texas this week, more than 5.2 million people have received at least one dose, and 2.78 million are fully vaccinated — about 9.5% of the state’s population. The latest shipment is down from the 1 million first doses delivered last week, which included the first large batch of the one-shot Johnson & Johnson vaccine. Last week the Texas Department of State Health Services announced that vaccinations have been expanded to people over 50 years of age. Previously, school and child-care workers were added to the Phase 1B list, which also included people over 65 and those with underlying medical conditions. “We’ve seen a remarkable decrease in the number of hospitalizations and deaths since people 65 and older started becoming fully vaccinated in January,” said Imelda Garcia, DSHS associate commissioner. “Expanding to
The number of new cases of COVID-19 in Texas dropped again last week to 31,916 — down 26% from the previous week. A total of 1,117 deaths were reported, down 35% from the previous week. To date, there have been 2.7 million cases in the state since the pandemic began, with 46,366 deaths, according to the Coronavirus Resource Center at Johns Hopkins University. Hospitalizations of confirmed COVID-19 patients also continue to decrease, with 4,219 patients currently in Texas hospitals, according to TDSHS. That’s down 14% from the previous week and 70% lower than the record high of 14,218 hospitalizations in mid-January. Gary Borders is a veteran award-winning Texas journalist. He published a number of community newspapers in Texas during a 30-year span, including in Longview, Fort Stockton, Nacogdoches and Cedar Park. gborders@texaspress.com
Page 10
NEWS
Hays Free Press • March 17, 2021
PUBLIC NOTICES SUMMARY FOR SERVICE BY PUBLICATION BY THE HAYS FREE PRESS On or about February 23, 2019, Plaintiffs Oscar and Otilia Ysassi, Indv. and A/N/F next friends of Clarissa and Jelena Ysassi were operating their car on River Road approaching Highway 80, in San Marcos, County, Texas, when Carey Jon Robbins, operating a motor vehicle slammed into the side of the Ysassi vehicle. Plaintiffs, as a result of the collision, sustained injuries and damages for which they sue. Cary John Robbins was operating a vehicle owned by Shawn P Robbins. Petition has been filed for this personal injury/ auto accident lawsuit number 20-2920 of which Carey John and Shawn P. Robbins are Defendants. Respectfully submitted, DAVIS LAW FIRM 10500 Heritage Blvd.,
Suite 102 San Antonio, Texas 78216 Telephone: (210) 444-4444 Telefax: (210) 870-1581 Email: desireem@davislaw. com /s/ Desiree Marrufo By DESIREE MARRUFO State Bar No. 24046351 Attorney for Plaintiffs
above. Late Proposals will not be accepted after time and date listed above. Late proposals will not be accepted after time and date listed above. The Hays CISD Board of Trustees reserves the right to reject any and/ or all proposals and waive all formalities in the proposal process.
HAYS CISD IS REQUESTING NOTICE OF SALE PROPOSALS FOR RFP Morningstar Storage #18-022102JO WASTE COLLECTION & RECYCLING wishes to avail themselves of the Texas Provision of SERVICES chapter 59 of the Texas
Proposals will be accepted until 04-28-2021 at 2:00 p.m. local time. Specifications are available in the Hays CISD Purchasing Office (512-268-2141 ext. 46035) between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Proposal responses must be submitted on the Public Purchasing website https://www. publicpurchase.com/ by the date and time indicated
Property Code by conducting a Public Sale to the Highest Bidder for cash on their premises. This sale is listed below. Date : 03/24/2021 Time: 12:00 AM Location: Storage Auctions.com Unit: 2009 – Brittany Nevarez – ice box, antlers, washer ,dryer, jewelry box , bed , AC , tools, Boxes , totes , household decor.
NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on November 18, 2009, a certain Adjustable Rate Home Equity Conversion Deed of Trust (“Reverse Mortgage”) was executed by RUPERTO ARREDONDO AND ISABEL ARREDONDO, as mortgagor in favor of METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., as mortgagee and ROBERT K FOWLER, as trustee, and was recorded on December 16, 2009 under Clerk`s Instrument Number 2009-90032298, Book 3790, Page 771 in the real property records of Hays, Texas. WHEREAS, the Reverse Mortgage was insured by the United States Secretary of Housing and Urban Development (the “Secretary”) pursuant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, the beneficial interest in the Reverse Mortgage is now owned by the Secretary, pursuant to an assignment dated July 10, 2015, and recorded on August 24, 2015, under Clerk`s Instrument Number 2015-15026426, Book 5302, Page 289 in the real property records of Hays County, Texas; and WHEREAS, a default has been made in the covenants and conditions of the Reverse Mortgage in that the Mortgagors are now deceased; and WHEREAS, the entire amount delinquent as of April 6, 2021 is $143,951.16; and WHEREAS, by virtue of the default, the Secretary has declared the entire amount of the indebtedness secured by the Reverse Mortgage to be immediately due and payable; NOW THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of me as Foreclosure Commissioner, recorded on October 15, 2007 in Dallas County under Clerk’s File Number 20070369306, notice is hereby given that on April 6, 2021, at 12:00 PM local time or no later than three hours thereafter, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction to the highest bidder: LOTS 6 AND 7, BLOCK 1, W.R. SIMCOCK`S ADDITION TO THE TOWN OF KYLE, HAYS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME S, PAGE 163, DEED RECORDS, HAYS COUNTY, TEXAS. Commonly known as: 427 LIVE OAK STREET, KYLE, TX 78640. The sale will be held in Hays County, Texas at the following location: ON THE FRONT STEPS OF THE HAYS COUNTY GOVERNMENT BUILDING, OR THE PRECEDING AREA IS NO LONGER THE DESIGNATED AREA, AT THE AREA MOST RECENTLY DESIGNATED BY THE COUNTY COMMISSIONER`S COURT or as designated by the County Commissioners Court. The Secretary of Housing and Urban Development will bid $143,951.16. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorate share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bids, all bidders except the Secretary must submit a deposit totaling $14,395.12 in the form of a certified check or cashier’s check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $14,395.12 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extension of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant. The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the mortgage is to be paid in full prior the scheduled sale is $143,951.16, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. Date: March 8, 2021 L. Keller Mackie Foreclosure Commissioner Mackie Wolf Zientz & Mann, P.C. Parkway Office Center, Suite 900 14160 Dallas Parkway Dallas, TX 75254 (214) 635-2650 (214) 635-2686 Fax
Texas Commission on Environmental Quality
NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN WATER QUALITY PERMIT PROPOSED PERMIT NO. WQ0015940001
APPLICATION. Continental Homes of Texas, L.P. and Ky-Tex Properties, LLC, 10700 Pecan Park Boulevard, Suite 400, Austin, Texas 78750, have applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015940001 (EPA I.D. No. TX0140741) to authorize the discharge of treated wastewater at a volume not to exceed a daily average flow of 495,000 gallons per day. The domestic wastewater treatment facility will be located 670 feet northwest from the intersection of Satterwhite Road and Williamson Road, in Hays County, Texas 78610. The discharge route will be from the plant site via pipe to an unnamed tributary; thence to Plum Creek Conservation District Reservoir Site 12; thence to Brushy Creek; thence to Plum Creek; thence to San Marcos River. TCEQ received this application on October 13, 2020. The permit application is available for viewing and copying at Buda Public Library, 405 Loop Street, Buda, Texas. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For the exact location, refer to the application. https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id= db5bac44afbc468bbddd360f8168250f&marker=-97.76333%2C30.04165&level=12
ADDITIONAL NOTICE. TCEQ’s Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments. PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director’s decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director’s decision and for requesting a contested case hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court. TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and proposed permit number; the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period and, the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group’s representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member’s location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group’s purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material water quality concerns submitted during the comment period.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director’s decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below. INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners’ Integrated Database at www.tceq.texas.gov/goto/cid. Search the database using the permit number for this application, which is provided at the top of this notice. AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at https://www14.tceq.texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address, and physical address will become part of the agency's public record. For more information about this permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at 1-800-687-4040 or visit their website at www.tceq.texas.gov/goto/ pep. Si desea información en Español, puede llamar al 1-800-687-4040.
Further information may also be obtained from Continental Homes of Texas, L.P. and KyTex Properties, LLC at the address stated above or by calling Mr. Ted J. Schneider, P.E., BGE Inc. at 512-806-1896. Issuance Date: March 3, 2021
NOTICE OF REQUIREMENT TO COMPLY WITH THE SUBDIVISION SERVICE EXTENSION POLICY OF COUNTY LINE SPECIAL UTILITY DISTRICT Pursuant to chapter 13.2502 of the Texas Water Code, County Line Special Utility District hereby gives notice that any person who subdivides land by dividing any lot, tract, or parcel of land, within the service area of County Line Special Utility District, Certificate of Convenience and Necessity No. 10292, in Hays and Caldwell County, into two or more lots or sites for the purpose of sale or development, whether immediate or future, including re-subdivision of land for which a plat has been filed and recorded or requests more than two water service connections on a single contiguous tract of land must comply with the service extension policy stated in the district service policy contained in County Line Special Utility District’s district service policy. County Line Special Utility District is not required to extend retail water utility service to a service applicant in a subdivision where the developer of the subdivision has failed to comply with the Subdivision Policy. Applicable elements of the Subdivision Policy, depending on the specific circumstances of the subdivision service, may include: Evaluation by County Line Special Utility District of the impact a proposed subdivision service extension will make on County Line Special Utility Districts water supply service system and payment of the costs for this evaluation; Payment of reasonable costs or fees by the developer for providing water service capacity; Payment of fees for reserving water service capacity;
Forfeiture of reserved water supply service capacity for failure to pay applicable fees;
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Payment of costs of any improvements to County Line Special Utility Districts system that are necessary to provide the water service: Construction according to design approved by County Line Special Utility District and dedication by the developer of water facilities within the subdivision following inspection.
County Line Special Utility District’s district service policy and a map showing County Line Special Utility District’s service area may be reviewed at County Line Special Utility District’s offices at 8870 Camino Real, Uhland, TX 78640, the district service policy and service area map are filed of record at the Texas Commission on Environmental Quality in Austin, Texas and may be reviewed by contacting the TCEQ, c/o Utility Rates and Services Section, Water Utilities Division, P.O. Box 13087, Austin, Texas 78711.