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Health officials urge preparation for flu season.

Lobos earn accolades at local cross country meet.

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Hays Free Press ©Barton Publications, Inc.

Vol. 120 • No. 27

Serving Buda, Kyle and Northeast Hays County, TX • 75¢

Tax billing error

Business to pay $430K to Kyle BY MOSES LEOS III

An incentive agreement approved by Kyle city leaders earlier this month aims to rectify an error that led officials to not bill a company for roughly $430,000 in property taxes over a six-year period. The Kyle City Council approved an agreement between the city and RSI, Inc. by a 5-1 vote. Council member

The city’s agreement calls for RSI, which is a military-based contractor, to incrementally pay back real property taxes both the city and the county didn’t bill the company for between 2011 and 2016.

Daphne Tenorio voted against the measure. The city’s agreement calls for RSI, which is a military-based contractor, to incrementally pay back

real property taxes that both the city and the county didn’t bill the company for between 2011 and 2016.



Not enough participation for the Barton Springs/ Edwards Aquifer Conservation District board election STAFF REPORT Elections for the Barton Springs Edwards Aquifer Conservation District Board of Directors were cancelled due to a lack of opposition. According to a press release, the board elected Sept. 7 to cancel the November director elections after the three

existing candidates up for election were the only ones to toss their hats into the ring. Directorships for Precincts 1, 3 and 4 were up for election in November, according to the release. The filing deadline for the November election was August 26. According to the release, Precinct

1 Director Mary Stone, Precinct 3 Director Blake Dorsett and Precinct 4 Director Dr. Robert Larsen, who are all existing candidates, filed for the election. All three were declared “unopposed” and will be issued a certificate of election after the November general election.

In case of emergency


The Department of Public Safety conducted a training exercise with the Buda Fire Department Tuesday and Wednesday. There were helicopters out and about as they practiced rescuing people from rooftops, trees and more. They practiced their landings in a field next to Buda Fire Department.

Buda pulls plug on housing plan Kyle road bonds There were only 900 respondents move forward to the Housing Action Plan BY SAMANTHA SMITH

survey, which according to city officials was not a representative sample of a town’s population that is nearing 13,000.

Council learned of the survey’s suspension Sept. 20 when Sparks reported the decision, which was made after multiple factors resulted in an inconclusive data stream. “The suspension of this process provides an

opportunity to reflect on the entire approach to the plan and consultants involved, and to have an open discussion with the housing advisory committee about how they think we should proceed,” Sparks said. The survey was


COMING UP Concerts for a Cause

Come out for the next Concert for A Cause to be held Saturday, Oct. 1 from 5-8 p.m. at Pinballz Kingdom in Buda, where locals will be raising money and awareness for Rebuilding Together Austin. The concert will feature music by Joey Alba from 5-6 p.m. and and Stupid Drama 6-8 p.m. Learn more at and www.

Brent Thurman Memorial Bull Riding

This annual event includes rodeo events, PBR bull riding, golf tournament, dance and more. The event will be held at Dripping Springs Ranch Park on Oct. 1. For more information visit


Ice sculptor moves business to Kyle. – Page 1D


The planning process for Buda’s future housing needs has been put on hold after city staff pulled the plug on its recent Housing Action Plan (HAP) survey earlier this month. But the decision to suspend the survey in no way reflected the possibility of dissolving the city’s housing action plan, said Chance Sparks, Buda’s director of planning.

intended to elicit the community’s involvement and input in order to better plan the future housing landscape of Buda, Sparks said. However, there were only 900 respondents to the HAP survey, which according to city officials was not a representative sample of a town’s population that is nearing 13,000. In addition to the lack of community involvement, Sparks said there were additional

News……………… 1-4A Opinions……………… 3A Sports……………… 1-2B Education………… 3-4B Community……… 1-4C


Kyle city officials are estimating construction on Goforth Road between Brandi Circle and Bunton Creek Road to be completed Oct. 7, weather permitting. Leon Barba, Kyle city engineer, said earlier this month construction on the Goforth Road project, which extends from Interstate 35 to Bunton Creek Road, was 36 percent complete. The entire project, which began in March 2016, has a 13-month contract and should be completed by April 2017. Barba said the project is running slightly ahead of schedule, using 34 percent of the allotted time. Barba said Joann Garcia, Kyle Project Manager, worked with the contractor to change the sequence of construction, which allowed the city to gain two months on the project. He also said Pedernales Electric Cooperative, along with Centerpoint Energy, “made some commitments, stepped up and took care of

Best Bets…………… 4C Business…………… 1D Service Directory… ..... 4D Classifieds………… ...1-3D Public Notices……… 2-3D

business” on addressing utilities in the path of the project. “Do we still have utility issues? Yes, we do,” Barba said. Kyle City Council member Daphne Tenorio, however, had concerns over businesses along Goforth, which would be affected by the final phase of the Goforth project. Barba said the area near businesses would be the last section contractors would work on, but that traffic would continue to flow. He said business owners have asked for signage. But Tenorio said the city should offer “some type of gesture” for those businesses affected. She asked for the city to have some sort of outreach for affected busiess owners. “We need to go out there and understand there is an issue here. We’re killing people’s businesses,” Tenorio said. “I’m not blaming you (Leon). That’s part of construction. That’s what it is.” Meanwhile, Barba said the city’s contractor on the Goforth Road extension, which would


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Hays Free Press The Hays Free Press (ISSN 1087-9323) 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


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• The deadline for display advertising and any contributed news copy in the Hays Free Press is 5 p.m. Friday the week prior to publication. • The deadline for Letters to the Editor and classified word advertising in the Hays Free Press is noon Monday the week of publication, though we encourage readers and advertisers to observe the Friday deadline.


We welcome locally written letters to the editor on timely topics of community interest. We ask that you keep them to about 350 words in length and that you not indulge in personal attacks on private individuals. Letters may be edited for brevity and clarity. All letters should be signed by the author and include a daytime phone number where the author can be contacted for verification. Letter writers are limited to one letter per month. Letters can be emailed to csb@


Founded April 10, 1903, by Thomas Fletcher Harwell as The Kyle News, with offices on the corner of Burleson and Miller streets in the town’s oldest remaining building. It merged into The Hays County Citizen in 1956. The paper consolidated with The Free Press in October, 1978. During its more than 100-year history the newspaper has maintained offices at more than a dozen locations in Kyle and Buda.


Hays Free Press • September 28, 2016

Housing: Buda pulls plug on plan Continued from pg. 1A

complaints about the survey. Sparks said those complaints extended to “perceived bias, inadequate education on the meaning of different terms such as ‘affordable’ and questions that may not be producing adequate information.” “There are additional questions we need to ask and data we need to gather in order for the committee and the community to determine what the appropriate vision is for housing in Buda,” Sparks said. Sparks said the Housing Action Plan survey was sparked by previous discussions on different housing needs in Buda. The Buda City Council earlier this year allocated $35,000 from its current budget for the development of the Housing Action Plan.

“This project is about more than a survey – it’s an entire planning effort to address housing in a holistic manner.” –Chance Sparks, Buda Director of Planning

Additionally, the Capital Area Housing Finance Corporation (CAHFC) provided a $10,000 grant to supplement city funds for the plan. “This project is about more than a survey – it’s an entire planning effort to address housing in a holistic manner,” Sparks said. According to the staff report presented at the Sept. 20 meeting, there have been “no decisions made about possible solutions or strategies” by staff or the housing advisory committee. Sparks said the advisory committee would meet next week “to reassess and reflect

on the appropriate path forward.” In addition to the suspension of the HAP survey, the efforts of Holtkamp Planning related to this project have halted as well. At this time it is unknown when the housing advisory committee will make its recommendations to council as to how best proceed with the city’s housing action plan. “Buda is facing tremendous growth and we need to be sure it is consistent with the community vision and what brought people to Buda in the first place,” Sparks said.

Accident/Major 12:08 p.m. - 14XX block FM 2001 - Sept. 21 Credit/Debit Card Abuse 11:46 a.m. - Trails at Buda Ranch - Sept. 21

Assault/By Threat - 8:14 a.m. - Impact Center - Sept. 22 Fraud - 2:16 p.m. - 16XX Oak Grove Rd - Sept. 22

Narcotics - 8:29 p.m. - 6XX Engelke Rd - Sept. 22 Theft - 9:23 a.m. - Hays High School - Sept. 22

Criminal Trespass - 10:14 a.m. - 11XX Live Oak Loop - Sept. 23 Indecent Exposure - 11:44 a.m. - Impact Center Sept. 23

Theft - 3:07 p.m. - McCormick Middle School - Sept. 23 Theft - 3:08 p.m. - McCormick Middle Scholl - Sept. 23

Assault/By Contact - 5:03 p.m. - 3XX Story Dr - Sept. 24 Assault/Family Violence - 7:31 p.m. 3XX Oak Forest Dr - Sept. 24

Accident/Major - 12:16 p.m. - Windy Hill Rd at Shadow Creek Blvd - Sept. 26 Assault/Aggravated/Deadly Weapon 10:12 p.m. - 5XX Rolling Hills Dr - Sept. 26 Assault/By Threat - 4:36 p.m. Dahlstrom Intermediate - Sept. 26

Criminal Trespass - 5:25 p.m. - Trails at Buda Ranch Sept. 26 Fraud - 12:59 p.m. - 133XX Ramrod Dr - Sept. 26 Property Damage - 9:34 a.m. 79XX Niederwald Strasse - Sept. 26

Continued from pg. 1A

“This is a double-dipping into the incentive pools to me ... It all falls down to not paying your taxes. Part of being a business owner is being a responsible business owner and knowing what you owe.” – Daphne Tenorio, Kyle City Council member

agreement, RSI would be required to pay upfront its total tax obligation of roughly $430,000. Webster said the company could potentially take out a loan to cover that cost. RSI would also be required to create 82 new jobs on top of the 50 it had to create as part of the original 2007 agreement. In return, the city would cover roughly half of the amount in the form of a zerointerest loan. RSI would begin paying on the loan starting in 2018. The city would then credit $1,500 per job created, up to 82 jobs, over a ten-year period. Hays County would match that amount, Webster said. Council member Daphne Tenorio, however, said the agreement didn’t “sit well” with her. She said the city wouldn’t offer a zero-percent interest loan to citizens if they weren’t able to pay on their taxes. She said the city doesn’t offer a similar program to small businesses. Tenorio believed the agreement placed the burden on taxpayers


Fraud - 11:10 a.m. - 2XX Windridge Dr - Sept. 26

RSI: $430,000 in unbilled taxes Kyle City Manager Scott Sellers said the issue began in 2011 when the city transferred the property to RSI on which the company had built its offices. At that time, RSI’s certified public accountant reached out to local taxing entities regarding real properties and taxation, but city and county officials said RSI had “no tax obligation on real property” due, Sellers said. RSI made calls to the city and county in subsequent years, with the county and city telling them they didn’t owe property taxes, Sellers said. In 2016, the city discovered RSI should have been paying taxes all along. Kyle Mayor Todd Webster said several factors led to the error, including the transition in city administrations over the years. But he said it was not entirely clear how such “a big mistake occurred.” “There’s not a lot of benefit to assigning blame,” Webster said. “My sense of this is the city shares blame for this mistake, also the Hays Central Appraisal District (CAD) and some responsibility from the business owner.” Sellers said the city reached out to the Greater San Marcos Partnership, along with Hays County, during the past calendar year to find a solution. He said they came up with a job creation and retention incentive for the company. As part of the

Sheriff ’s Report

KYLE Environmental Crime - 12:30 p.m. 3XX Indian Hills Trail - Sept. 21

Possession/Marijuana - 2:31 a.m. Cherrywood at Hickorywood Dr - Sept. 21

Theft - 11:00 a.m. - Stripes 1524 / Valero - Sept. 21 Delivery Of Controlled Substance - 11:04 a.m. Lehman High School - Sept. 22

Fraud - 12:58 p.m. - 173 Campo De Oro - Sept. 22

Assault/By Contact - 11:47 a.m. - 878 Engelke Rd Sept. 23 Assault - 2:38 a.m. - 212 Lilac Way - Sept. 25

and that it sets the precedent for other business to potentially ask for similar agreements. “This is a doubledipping into the incentive pools to me,” Tenoirio said. “It all falls down to not paying your taxes. Part of being a business owner is being a responsible business owner and knowing what you owe.” Council member Travis Mitchell said he shared Tenorio’s sentiment and frustrations. However, he said RSI had records of trying to pay back taxes, but was told no by taxing officials. He said it was an “incredibly difficult” decision, but that culpability lies with the business owner, along with the city and the county “for making the error in the first place.” “We are culpable to get them over the hump,” Mitchell said. “We have to take responsibility for this.”

Driving While Intoxicated - 2:41 a.m. Mathias Rd at Windy Hill Rd - Sept. 25

Assault/Aggravated/Deadly Weapon 11:24 p.m. - 36XX Goforth Rd - Sept. 26

Fraud - 11:24 a.m. - 3XX Morning Dove Ct - Sept. 26

Theft - 9:41 p.m. - Dollar General East Side - Sept. 26

WHAT’S HAPPENING? Share local events with us on the Hays Free Press Events Calendar.

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Opinion Hays Free Press


“There’s not a lot of benefit to assigning blame ... My sense of this is the city shares blame for this mistake, also the Hays Central Appraisal District (CAD) and some responsibility from the business owner.” –Todd Webster, Kyle Mayor, on RSI, Inc.’s $430,000 in property taxes. See story, page 1A.

September 28, 2016

Page 3A

Stay awhile – or away from hotels A

s y’all might know, I’m not too fond of driving into the big city. Huge trucks, terrible drivers and so many traffic lights! But I needed to purchase more ammunition for my coyote gun because that last box of shells was defective. Not a single bullet hit that smirking coyote that was ogling my new calves. Granted, I was sitting on a tractor with the shredder shaking me like dice at a craps table, but I had a clean shot and missed. Those shells must’ve been packed by a Democrat because all bullets seem to stray to the left. So, I drove into the big city last week to do some shopping at Cabela’s. That’s right, I went to Buda. What? You thought I drove into Austin? Puh-lease! I might be crazy but I’m not stupid. Unless I want to waste half a day parked somewhere on I-35, I do all my shopping down here in Buda and Kyle. I noticed they’re building another hotel out by Cabela’s. I don’t know just how many hotels/motels there are now, but I doubt I could count them all on one hand, and I’d have to set down my beer to count on both hands. It got me to pondering a bit on how many outof-town folks actually come to Buda at one time in order to justify creating more lodging. I reckon there are folks living out in the boonies who need to purchase critter control and camo clothing at Cabela’s, but do they need to spend the night? “Hey, Ma! Pack us all some clothes. I just used my last shotgun shell killin’ that thing livin’ ‘neath the outhouse. Gotta head to Buda and get me some more ammo and new drawers.” I know lots of foreigners come this way to watch the Formula 1 race once a year and maybe during the Weiner dog races, but does Buda need more hotels? I think not. If Buda wants to build hotels, then how ‘bout putting one closer to the bars so I don’t have to sleep one off in the gazebo? While I was in the Cabela’s parking lot, gnawing on some fresh ‘possum jerky, I did more pondering. Do y’all ever wonder what’s the difference between a hotel and a motel? Or an inn and a lodge? I’ve done quite a bit of traveling in my days, and I’m not quite sure, except hotels charge more that a lodge. I think a motel and a motor inn are about the same thing. If your room smells like old tires and diesel, then you’re probably sleeping in a motor inn.

From the Crow’s Nest by Clint Younts

Do you have diplomatic immunity if you are staying at an Embassy Suite? That would sure come in handy out in Vegas. What happens in Vegas stays in Vegas, but it also appears on your credit card bill at home.

News and Sports Editor Moses Leos III


t has to be stressful being a progressive liberal these days. A quote from Hillary, “I believe in an America always moving into the future” defines an inanity which seems to be prevalent in the last 40 or so years. In the administration of T. Roosevelt, he and his minions were known as progressives. There were many ills those days: stifling monopolies, arduous child labor, unsafe working conditions, a 60-hour work week, and other issues less pressing but worthy of consideration, like the standardization of spelling. Roosevelt was fighting against the establishment big money guys, the Rockefellers, the Carrnegies, the Vanderbilts, and J P Morgan – those leaders of oil, steel, railroad, and banking, which made the U.S. the richest country in the world but at the same time created monopolies which strangled upward movement of the classes. His struggles resulted in a fairer society in which prosperity was available for those who would work for it, the key word here being “work”. Progressivism has changed its definition of

They have these places called Microtel, and as you can imagine, they are quite small. If you can sit on the bed, open the curtains with one hand while flushing the toilet with the other hand, you’re in a Microtel. If one wall is completely covered by the flatscreen TV, and it’s just a 19” Vizio, then that’s a Microtel. I’m also wondering about Embassy Suites. Are you required to speak at least two languages to stay there? And do you have diplomatic immunity if you are staying at an Embassy Suite? That would sure come in handy out in Vegas. What happens in Vegas stays in Vegas, but it also appears on your credit card bill at home. Why do we have a Four Seasons Hotel in Austin when we only have three seasons here in Texas: Spring, summer and football? They should change its name to Unseasonably Hot Hotel. Now that’s appropriate for Texas. Hey, I’ve gotta run back to Cabela’s. I heard something growling down in my outhouse, and I’m all out of 12-gauge shotgun shells. I’ll pack an overnight bag just in case they’re having a big sale.

I could be wrong by Ray Wolbrecht

itself. To be a progressive today means to be in conflict solely with establishment – that being the established rules of civility, civil authority, ethical absolutes and college presidents. Barak Obama wrote in his “Audacity of Hope” that he wants American life to be a mainstay of comity and deference which necessitates “a rejection of absolute truth” which, in his mind, is an enslavement to any idea or ideology that locks people into a single, unalterable course. In the end he says that Americans should be free to pursue our own absolute truths. What is truth? Simply put, it is that which conforms to reality. Plato’s university, the first such institution, was dedicated to a philosophical disposition toward every object of knowledge: “an attitude toward the world which is concerned only with the fact that things reveal themselves as they are

– which is what truth actually consists of.” Yet progressives disdain these absolutes even knowing that there are natural laws which they are not capable of changing and focus on the more abstract, societal absolutes. I would love to see one atop a building flap his arms and try to fly to San Marcos. Physical limitations and gravity are against him. The same goes with societal laws. The “Lord of the Flies” exhibits the chaos when a majority eschews simple laws of civility such as “Thou shall not murder.” If a person has a right to create his own absolute values, as Obama maintains, where is the incentive to behavior which takes into consideration that we are not alone. The result of the rejection of truth and any absolute values is leading to chaos. Try building a house without considering the structural limitations of the materials to be used. Avoid thinking about geometry, plumb and level, and have disdain for tape measurements. See what results. In the same way progressives attempt to reorganize society without absolutes using sand

as a foundation. In universities, the creation of “safe zones” where a person might go when an idea offends him flies in the face of the academic freedom for which they have fought for years. Consider the BLM movement. To be sure there are unjustified police shootings but when the evidence is beyond conclusive that it was justified, they encourage burning and rioting and all kinds of lawlessness. In this way they heap criticism on themselves. Consider a policeman with his own set of absolutes. In court he is found not guilty because his customized absolutes justified his actions. When confronted with absolute truth, I have heard liberals say,“Well, what about Bush!” I imagine them placing their hands over their ears and chanting “la la la la…” Maybe that’s the problem. Ray Wolbrecht is retired from his dental practice in Kyle. He still reads his emails and his newspapers, but these days he thinks about philosophy.

True colors shine through “No, no.” We say that enough times to our children, trying to teach them not to interrupt, not to give dirty looks to someone opposing you. And then, some times, you can learn from children. At the Dripping Springs school board meeting, there was a demonstration about a transgender child wanting to be allowed to use a restroom not according to sex designation on her birth certificate. Another little girl held up a sign that read, “You can pee next to me.” Because children, at times, understand

So, you think Clint Younts is kidding? Really? He does hunt critters on his ranchette, but the coyotes know they can come around when he gets a Lone Star in his hand. crowsnest78610@yahoo. com

Hays Free Press Publisher Cyndy Slovak-Barton

He’s no progressive liberal

Hip Czech by Cyndy SlovakBarton

that basic decency can be the one thing that salves wounds. The kids at the Dripping Springs elementary school understand that the child wanting to switch bathrooms was not a predator. She simply didn’t feel right going to her assigned restroom. Switch to the Presidential debate on Tuesday night, and the innuendos and interruptions made by Donald Trump during

Barton Publications, Inc. News tips: Opinions:

Reporters Samantha Smith, Logan McCullough, Jonathon Gonzales, Quixem Ramirez Columnists Bartee Haile, Chris Winslow, Ray Wolbrecht, Clint Younts

Proofreaders Jane Kirkham Marketing Director Tracy Mack Marketing Specialists James Darby, Pam Patino

Hillary Clinton’s assigned speaking time made me, as a Mom, want to say, “No, Donald. Quit interrupting. That’s not nice.” Hillary Clinton stood there and just smiled. Finally, she started to speak again, getting her welltuned points out. She had obviously studied for the debate, and Trump was not liking it at all. Trump gave her dirty looks, scowling at her. He fidgeted; she stood still. There are times when the President of the United States has to stand still, not interrupt, listen to other people, not fidget, and have the patience to wait for her

turn. It’s the basics we taught our children, if they wanted to be accepted as well-behaved. It’s the lessons that, if they want to be accepted in adult society – in classrooms, in board rooms, in church – they have to learn. Trump didn’t learn those lessons. This Mom would have boxed his ears, and put him in time out. He obviously believes that basic courtesies don’t apply to him. That does not bode well for anyone wanting to be President.

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Hays Free Press • September 28, 2016

Page 4A

Voter law updates give more options for ID BY JONATHAN GONZALEZ

Prior to July, voters in Texas were required to present a valid photo ID in order to cast a ballot at their local polling place. Following a ruling from the U.S. 5th Circuit Court of Appeals in Louisiana, federal judges determined that the previous Texas voter ID laws from 2011 violated the Voting Rights Act. The ruling, which focused on whether or not the voter ID laws discriminated against Hispanic and African-American voters, now provides many the opportunity to cast their ballot this November. With the changes in

place, voters heading to the polls this November can bring alternative forms of identification, which will be accepted. Accepted forms of photo ID in Texas include a valid Texas driver’s license, Texas election identification certificate, Texas personal ID, Texas handgun license, U.S military ID, U.S citizenship certificate, and U.S passport. If a registered voter lacks a photo ID, accepted alternative forms of identification include a valid voter registration certificate, certified birth certificate, current utility bill, copy of bank statement, government check, paycheck, or any other government document with your name and address.

What’s a valid ID?

Accepted forms of photo ID in Texas include: • Valid Texas driver’s license • Texas election identification certificate • Texas personal ID • Texas handgun license • U.S military ID • U.S citizenship certificate • U.S passport

Copies and originals of the documents listed will be accepted. Along with these documents, voters will need to sign a Reasonable Impediment Declaration to verify their identity and reason for not being able to obtain an accepted form of identification.

As long as the voter’s name appears on the list of registered voters, election officers at the polls are required to provide the form to voters, which the voter will then fill out. Election officers are also not allowed to question the “reasonableness” of the options selected by the

Buda council approves creation of Sustainability Commission BY SAMANTHA SMITH

Council approved and adopted an ordinance creating the sustainability commission at the Sept. 20 meeting, adding to the existing eight committees in Buda. According to the agenda item report, the Sustainability Commission will act in an advisory capacity like the Library and Parks and Recreation Commissions. Information found on the agenda report, given to council members, said “The commission itself is structured identically to other city commissions: seven members appointed to alternating two-year terms with a maximum of two ETJ residents.” One of the initial stipulations of the creation of the newest committee is that it will slowly ramp up its involvement in larger sustainable projects as the need arises. The city’s planning department has identified and drafted a preliminary two-year work plan for


“Redundancy can be a good thing. It may be good to have more eyes looking at big projects.”


registered voter. Once the form has been completed, the election officer will complete the rest of the form, and allow the voter to cast their regular ballot. The previous voter identification law drew criticism for its short list of accepted documents,

N! Tired of paying rent? E OP

–Todd Ruge, Buda Mayor

the commission to work from and realizes that larger projects would require more staff obligations. Buda Mayor Todd Ruge said in an interview, “although more staff time is needed it is a good decision to move forward with this commission.” Ruge said one of the more attractive aspects of the commission was the citizen input about projects that will help maintain the sustainable practices of the city’s buildings and residents. “The pieces are in place to make the commission very successful,” Ruge said. At the June 21 presentation on the feasibility of a sustainability commission in Buda, some council members expressed concern over possible redundancies

created by an additional commission. “We hope there won’t be any redundancies,” Ruge said. But Ruge said redundancy wasn’t always a bad thing, especially when it comes to major projects. “Redundancy can be a good thing. It may be good to have more eyes looking at big projects.” According to Ruge, the commission is so new that city council has not even appointed the seven members yet. “We plan on using all avenues available to advertise for interested applicants for the commission,” Ruge said. At this time it is unknown when the members of the Sustainability Commission will be appointed or when and how often the commission will meet.

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Continued from pg. 1A connect Bunton Creek Road to Kyle Parkway, is expected to start in late October. Bunton Creek Road, however, continues to have utility issues that need to be resolved, Barba said. The city’s contractor is working on “some noncritical items to get started,” he added. The city expects to begin Nov. 4 on construction on Bunton Creek, which costs

If a registered voter lacks a photo ID, accepted alternative forms of identification include: • Valid voter registration certificate • Certified birth certificate • Current utility bill • Copy of bank statement • Government check, paycheck, or any other government document with your name and address.

which were exclusively limited to photo IDs. Texas was one of only six states that required this from registered voters. Many argued that the new laws disenfranchised minority voters, and the federal judges backed up that argument with their decision to have Texas change the laws for the upcoming November election, according to report. Earlier this month, Texas Attorney General Ken Paxton appealed the ruling, but asked to wait until after the November election, according to a report from the San Antonio Express News. For more information on how and where to vote call: 1.800.252.VOTE (8683), or visit their website at

approximately $4.6 million, and will take approximately 18 months. Acquiring five parcels of land, along with completing negotiations with Union Pacific, are two major hurdles that stand in the way of the Burleson Street project, which extends from Milller Street to I-35. Barba said the city is working to acquire five parcels of land. But negotiations with one

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property owner for a small parcel have been a challenge. Barba said the city has reached out, but the owner has been “nonresponsive.” The city must also work with Union Pacific regarding portions of Burleson near the railroad tracks. With 90 percent of plans complete, Barba said the $5.1 million Lehman Road improvement is scheduled to start in March 2017.

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Section B TEXAS IS #1

Texas ranks first in teacher pay and competition. – Page 3B

@hfprebelsports @hfplobosports

September 28, 2016

Hays falls to Cavaliers in five BY QUIXEM RAMIREZ


Hays Lady Rebels Jamie Agnew and Kacie Hall (left) extend their arms as they block a kill attempt by a Lake Travis Cavalier player during Friday’s district match at Bales Gym.

A year after losing both meetings against Lake Travis, the Hays volleyball team was nearing a victory Friday night. The Rebels won the first set, 25-16, with little resistance from the Cavaliers. The second set went back and forth until Hays wrestled control of the set en-route to a 25-21 victory. With one set separating Hays from a victory, Lake Travis began mounting a comeback that eventually ended with a 16-25, 21-25, 25-22, 25-20, 15-

Hays is 21-13 overall and 2-2 in district play following Friday night’s match.

10 win on the road. Lake Travis’ comeback attempt began in earnest in the third set. Neither team was able to get separation to win the set, with ten ties and six lead changes. Once Hays tied the set at 1515, Lake Travis took over and made just enough plays to claim the 25-22 set win. And, still, Hays held the advantage. Lake Travis was in the

disadvantageous position of being behind in the margin, with little margin for error. By contrast, Hays had the luxury of being ahead. When the fourth set resumed, Lake Travis reasserted control early and often. Hays never led in the set and there were only three ties. The Cavaliers’ 25-20 win in the fourth set put the pressure back on Hays to finish the job.

Instead, Hays ceded control of the fifth and decisive set to Lake Travis. The teams tied five times, before Lake Travis finally pulled away for good in its 15-10 victory in the fifth set. Hailee Morton tallied a team-high 21 kills for the Rebels in the loss, with a .296 hitting percentage. Kaitlyn Krafka followed with 20 kills and a .333 hitting percentage. Hays is 21-13 overall and 2-2 in district play following Friday night’s match. The Lady Rebels travel to play at Westlake Friday, then travel to play at Incarnate Word High School on Oct. 4.


Lehman Lady Lobo Sarah O’Neal (right) strikes the ball as she attempts to notch a kill beyond two Westlake Chaparral defenders Tuesday at the Lobo Den.

Chaps invade Lobo Den BY MOSES LEOS III

It took roughly an hour for the stateranked Westlake Chaparrals to roll past the Lehman Lady Lobos Tuesday at the Lobo Den. Six kills from Emily Link and Rebecca Ross, along with 20 aces from Rory Williams, led Westlake to defeat Lehman 25-9, 25-13, 25-14. While Westlake cruised at times, Lehman’s ability to keep batting helped the Lady Lobos keep within striking distance. “It’s consistency and fighting on every play,” Lehman High head coach Kathryn LeghPaige said. “We have to have fun with it. If we don’t have fun with it, we won’t see points on the board.” Westlake captured control early and often in the first set as it powered its way 25-9. Lehman High middle blocker Megan Dees said the team’s game plan focused on blocking, as they knew Westlake had size to go along

with skill. The Lady Lobos worked to time their blocks to match Westlake’s kill attempts. “I usually block alone, so I had to know what was going on,” Dees said. “I had all of my passers talk to me. I was able to stay confident throughout the game.” Making adjustments to Westlake’s hitters became Lehman’s task between the first and second set, Legh-Page said. Staying on their toes, along with taking smarter shots on offense, also aided the Lobos as they tried to orchestrate a comeback. But Westlake pushed ahead and took a 16-6 lead in the second set when Legh-Page took a timeout. Lehman responded by outscoring Westlake 7-5 to pull them closer at 21-13. Capitalizing on Westlake errors provided momentum for the Lady Lobos to string together points in the second and third set. Cohesion on offensive, primarily between Dees, middle blocker Kaitlyn Mendoza and setter Quincy Bowman, also helped Lehman stay in system.

Legh-Page said Dees and Bowman have continued progress working together. Dees said the team worked hard to get the hits they earned. “Westlake is a talented team, so when the passes are there, we had some good shots,” Dees said. “We had to talk to each other. Obviously we have our downs like every team. But we talk during every game and made sure we were on the same page the whole time.” A similar trend followed in the third set, as Westlake built a 17-7 lead, only to see Lehman climb back in an attempt to close the gap. Lehman cut the lead to 23-14 but couldn’t muster another point. As the first round of the district slate nears its conclusion, LeghPage said assessing opponents’ strengths and capitalizing on their weaknesses is the team’s goal. Dees said the team was performing better than last year. “We have more size and more connection with each other,” she said.


Lobos runners excel at cross country meet The Lehman High cross country team ran away with several individual and one team award as they competed at an event held at Lake Kyle last weekend. Lehman’s Tracy Malrey and Jose Cano respectively finished second and third overall Saturday. The Lehman High boys cross country team finished tied for second place at the meet. Meanwhile, the Lehman junior varsity girls cross country team finished in first place, with Stephanie Quistian finishing in first place overall. Cameron Woods finished in third place, while Yesenia Contreras finished in 4th place. Courtesy Photo

Lehman Varsity Boys Cross County finished second overall Tracy Malrey, 2nd Jose Cano, 3rd

Lehman JV Girls Cross Country finished first overall in JV Stephanie Quistian, 1st Cameron Woods, 3rd

Yesenia Contreras, 4th

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Page 2B

Hays Free Press • September 28, 2016

Cavs pummel Hays 50-14



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The Hays Rebels struggled Friday night as the powerhouse Lake Travis Cavalier offense was too much for Hays to overcome in its 50-14 loss. Hays found success running the ball against Lake Travis but had trouble through the air. The Rebels used three quarterbacks throughout the game in an attempt to break the Cavs’ defense. Meanwhile, Lake Travis took control early by scoring on its first five possessions on offense. Cavalier quarterback Charlie Brewer threw one score and ran for two touchdowns as the Cavs jumped out to a quick 22-0 lead over the Rebels. At the beginning of the third quarter, Lake Travis running back Maleek Barkley broke for a 34-yard touchdown to extend the lead to 29-0. Hays answered back with its second quarterback, Gentry Brawith, at the helm. Thailand Mayberry replaced starting running back Cade Powell, who suffered a minor injury. Mayberry, however, picked up where Powell left off.

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Lake Travis Cavalier Garrett Bressette (20) tries to shake free from a tackle made by Hays Rebel defensive back Will Ratliff (4) in Friday’s game at Shelton Stadium.

Coming Up Hays travels to play at Westlake Friday at 7:30 p.m.

After a several strong runs, Brawith hit Marquis Howard for a huge 65yard touchdown to cut the lead to 29-7. Lake Travis answered right back with a touchdown after Cade Brewer scored on a seven-yard

touchdown after a short drive for the Cavs. Hays got its first stop when Zane Norris forced a fumble and the Rebels were able to recover, but could not capitalize, trailing 36-7. The Cavs came out of halftime and went on a 13-play drive that was capped off by Patrick Moorer when he ran in an eight-yard touchdown to take a 43-7 lead. They extended their lead to

50-7 following a passing touchdown from Matthew Baldwin to Alec Fuentes. Hays quarterback Tyler Conley, who entered the game in the fourth frame, didn’t flinch and took advantage of his few plays on the field. Conley highlighted his evening by connecting with Tyrone Meredith for a 76-yard touchdown pass for the final score of the game.

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Lehman Lobo wide receiver Chastin Evans (left) leaps out of the reach of a Vista Ridge Ranger defender’s tackle attempt during the second half of Friday’s game at Gupton Stadium.


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Rangers wrangle Lehman For the first 24 minutes of Friday’s game, the Lehman Lobos and Vista Ridge Rangers went toe-to-toe in a back-andforth slugfest. But a 27-point second half Vista Ridge flurry sunk the Lobos in a 4121 loss at Gupton Stadium in Cedar Park. While Lehman head coach Todd Raymond lauded his team’s effort, a moral victory wasn’t enough. “It’s great to be able to go and beat a team that went to the state semifinals [last year]. But I told my kids it stings,” Raymond said. “We’re past that point as a program. We want to start putting Ws on the scoreboard. If we don’t, we’re going to be disappointed in that.” Lehman was unable to halt Vista Ridge quarterback Jacob Taute, who went 17 for 27, threw for 310 yards and finished the game with six total touchdowns. Raymond said the team knew Friday was going to be a challenging game, as the Rangers returned Taute and several others players from injury. “Their quarterback got better as the game went on,” Raymond said. “They (Vista Ridge) are getting better and they’re getting healthier.” Lehman kept pace with Vista Ridge in the early going, with the Lobos taking a 7-0 first quarter lead via a 10yard touchdown pass from Jacob Zamora to wide receiver Chastin Evans.

“We knew we had them schemed up on a few things. He isn’t going to hurt you with his feet. He’s going to hurt you with his arm.” –Todd Raymond, Lehman head football coach

After Vista Ridge tied the game in the second quarter, the Lobos regained the lead with a 14-play, six-plus minute drive, capped off by a touchdown run from wide receiver Tyler Henderson. But Lehman’s 14-7 lead was short lived, as Vista Ridge orchestrated a late touchdown drive before halftime to tie the game at 14-14 at halftime. Raymond said Vista Ridge did a “good job of bottling up” Henderson, who was limited to 32 yards rushing in the game. The Rangers also held down running back Bryan Mendoza, who only gained 61 yards on 15 carries. Mendoza, who Raymond said didn’t practice much leading up to the Vista Ridge game, was limited in the second half due to being “banged up.” Lehman relied on quarterback Jacob

Zamora, who went 9 of 22 for 115 yards and two passing touchdowns. Raymond said Zamora was able to distribute the ball effectively through the air. “We knew we had them schemed up on a few things,” Raymond said. “He isn’t going to hurt you with his feet. He’s going to hurt you with his arm.” But Vista Ridge stormed out of the locker room from the start of the second half and never looked back. Taute and the Rangers quickly jumped out of the gate and scored 14 unanswered points to take a 28-14 lead. Lehman responded with a 45-yard touchdown from Zamora to Evans, which brought the Lobos with a score at 28-21. But Lehman couldn’t get any closer to the Rangers, as the team plowed ahead to score the final 13 points of the contest. Injuries played a factor for the Lobos, Raymond said, as the team was without its two starting linebackers. But he said injuries were not excuses for other issues, such as limiting Vista Ridge’s third down effectiveness. Vista Ridge converted 50 percent of its third down conversions in the game. In addition, the Lobos also struggled with penalties, Raymond said. Lehman committed 50 yards in penalties on the night. “We have to clean up those mistakes,” Raymond said. “You can’t make those errors at this level of football.”

Despite the struggles, Raymond said people saw the team “was not the same Lehman Lobos” of previous years. “We had to make plays, that’s what it comes down to,” he said.

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Hays Free Press • September 28, 2016

Page 3B

Texas ranks first in teacher opportunity and competition STAFF REPORT

Most people know that public school teachers don’t pursue their profession for the money. Education jobs, year after year, have been listed as some of the lowest paying jobs in the U.S. that require a bachelor’s degree. With various laws, including the “No Child Left Behind”, teachers deal with more and

more regulations, trying to achieve better student performance. According to the National Center for Education Statistics, about a fifth of all newly minted public-school teachers leave their position before the end of their first year – nearly half of them never last more than five. But the difference between the states is substantial, according

to a recent report from WalletHub. Texas ranks eighth overall, coming in first in ‘Job Opportunity & Competition” and 28th in ‘Academic & Work Environment.’ The states with the fewest teachers per student by 2022: Nevada 1st, Arizona 2nd, Alaska 3rd, California 4th and Idaho 5th. The top five states that spend the most

per student, in order are: Vermont, New York, New Jersey, Alaska and Rhode Island. The lowest five in per student spending are (ranking 47-51, as Washington D.C. is included in this study) North Dakota, Oklahoma, Utah, Arizona and Indiana. What are the best and worst school systems rankings? Top five are

Massachusetts, New Jersey, Connecticut, Vermont and Wisconsin. Bottom five are District of Columbia, Arizona, Alaska, New Mexico and Louisiana. So how did Texas come out on top in Job Opportunity and Competition? The education experts looked at average starting salary for teachers, median annual salary for

teachers, teachers’ income growth potentital, average teacher pensions, projected teacher demand, public school enrollment growth and 10-year change in teacher salaries. For an in-depth look at what experts say about public education and teachers today, go to: best-and-worst-statesfor-teachers.


Simon celebrates Protectors of Freedom

Celebrate Freedom Week is observed on school campuses across the country, and the Simon Middle School Wolverines were high amongst those schools, paying special tribute to Kyle and Hays County “Protectors of Freedom.” Simon teachers Ann Valdespino and Mark Ramos brought Kyle Police Department, Hays County Sheriff’s Department and military veterans onto the campus and gathered the Wolverines from Social Studies classes in an all-day celebration of information and, importantly, thanks. A morning visit to take in the celebration found uniformed law enforcement officers explaining their jobs and answering student questions and military veterans relating what it meant to serve the nation. As part of their welcome, the Wolverine Choir and Mariachis had special performances. A banner proclaiming “Thank You Protectors of Freedom” hung in the SMS library, where the presentations took place. Program co-coordinator Ann Valdespino said in advance of the all-day program, “Our goal is for our students to gain a new appreciation for the sacrifices made by Protectors of Freedom.”

Rebs’ theater student a standout at festival STAFF REPORT The Hays High School Theater program’s own Taylor Cooper had a showing at this summer’s International Thespian Society Festival in Lincoln, Nebraska. Theater Director Catherine Crafton

explains that Taylor first qualified to attend the festival then, while there, auditioned for “musicalworks.” In that area of the festival, a director chooses a portion of a musical written by a high school student and develops it for presentation at the end of the

© 2016 by Vicki Whiting, Editor Jeff Schinkel, Graphics Vol. 32, No. 44

Circle every other letter to discover this important fire safety tip.

festival. Craftton reports “close to 200 students auditioned, with Taylor being one of just seven to make the final cut. She was an outstanding representative of Hays High School and our HHS Theatre Troupe 6612!”

Keeping you safe in an emergency. To stay safe in a burning building, a firefighter must wear special gear. A turnout coat, for example, is a special jacket designed to protect a firefighter from heat and flames.

SCORE YOUR HOME: Team up with your family to help prevent fires and protect yourselves in the event of a fire. Complete the scorecard below with your family. Can you turn any of the NO answers into YES answers?

Ask your parents, “How old is our smoke alarm?” Let them know it should be replaced every 10 years. Replace the batteries every time you set your clocks backward or forward at Daylight Savings Time.

Make sure there isn’t anything near the stove that could catch fire. A grown-up should be in the kitchen when the stove is on.

You have a meeting place outside that is a safe distance from the home.

Doors and hallways are free of clutter and obstacles. Nothing should be in the way of a quick, safe exit.

You have a home fire escape plan. Practice your escape plan at least once a month.

Matches and lighters are stored out of the reach of children.

Smoke alarm works. Test your smoke alarms once a month. Smoke alarms should be on every floor, in or near all bedrooms.

You have at least two ways to exit each room.

Electrical outlets are not overloaded with too many plugs and extension cords.

When everything on your checklist is a YES, complete and display this certificate in your home! It was a hot day. Look through the newspaper for words that could replace the word “hot” in the sentence above. Write each new sentence on a piece of paper. Put a star by the sentence if it still means the same, or nearly the same thing. Standards Link: Research: Use the newspaper to locate information.


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Prevention Poster

To prevent is to stop something before it starts. Look through the newspaper for something you would like to see prevented. Make a poster with a tip for how to prevent what you would like prevented. Standards Link: Reading Comprehension: Follow multiple step written directions.

This certificate is awarded to the family for successfully completing Kid Scoop’s Fire Safety Checklist. The family members listed below hereby promise to keep alert, watching for ways to make this home safe.

turnout coat

Hot Two-Liners Write a “couplet”—a two-line poem that rhymes. Example: In the winter when it snows, I catch cold and blow my nose.

oxygen tank Photo: Flashon Studio/Shutterstock

Windows and doors open easily. If smoke or fire blocks your e exit through a door, a windo may be the second window way ou out. Test them to make sure they open easily. sur

Reflective stripes on the coat and pants help firefighters see one another in a dark, smoky building.

Standards Link: Reading Comprehension: Follow simple written directions.

fire axe reflective stripes turnout pants


Smoke can be one of the biggest dangers in a fire. Firefighters wear face shields and an air mask to be able to see and breathe. If a fire breaks out in your home, it is VERY important to STAY LOW. Crawl towards an exit as quickly as possible to avoid breathing in smoke. And if a firefighter wearing gear like in the photo above is there, don’t be afraid. They’re there to help!


Page 4B

Hays Free Press • September 28, 2016

Rebs soar with host of AP honors More than a hundred Rebs were recognized at successively higher honor levels for their recent Advanced Placement (AP) test scores. Topping those honors were Class of 2016 graduates Joshua Bedwell, Mark Ramirez, and Bonnie Vannatter, the three named “National AP Scholars.” Twenty-four Rebs, from the Class of 2016 and the current Class of 2017, earned “AP Scholar with Distinction” honors. This lofty level requires a student to receive an average score of 4 on all AP Exams taken and scores of 4 or higher on eight or more of these exams. Sixteen more from the two classes earned “AP Scholar with Honor” recognition, requiring an average score of at least 3.25 on all exams taken and scores of 3 or higher on four or more of these exams. And a total of 68, 29 from the current senior class, and 39 from the just-graduated senior class were named “AP Scholar,” a level honoring those receiving scores of 3 or higher on three or more AP Exams. Members of the Class of 2016 named AP Scholars included Kaycee Armstrong, Margaret Ballay, Noah Benedict, Lillian Bonin, Kailey Bozarth, Noelle Cardenas, Melissa Cardona, Christopher Cisneros, Elaina Derrick, Jeremiah Faecke, Michelle Gillenwaters, Jonathan Gilliam, Sabrina Guerra, Houston Hataway, Jennifer Herrington, Raven Homesley, Gracie Hough, Eric Huggins, and Kayleigh Jones. Other 2016 grads included in AP Scholars honors included Joshua Lewis, Stephanie Lewis, Courtney Limmer, Kristina Loza Garza, Crispin Lyman, Erik McKee, McKenna Murphy, Aubrie Northcut, Mariss Partin, Lorelei Pierce, Samuel Pulis, Cloe Rape, Brent Redmon, Christina Roehrig, Erin Rostro, Sydney Smith, James Turner, Stanislav Verchenko, Gavin Wagers, Jordan Weaver and Briana White.

LONG ORTHODONTICS would like to WELCOME you Back to School!


Hays High principal David Pierce recognized “AP Scholars with Distinction,” which included (back, l-r) Alexandra Moore, Kurt Johnson, Ian Blount, Jacqueline Porteny, Liliana Palacios Herrera, Hannah Miller, Loryn Hudson; (front) Maya Hood; (far right) Principal David Pierce; Not pictured: Mackenzie Smith, Caleb Barksdale, Wesley Mortal. “AP Scholar with Distinction” is for students who receive an average score of at least 3.5 on all AP Exams taken, and receive scores of 3 or higher on five or more of these exams. The recently-graduated Class of 2016 placed thirteen on the AP Scholar with Distinction list, those honorees including Joshua Bedwell, Faith Broddrick, Lois Bronaugh, Ryan Clark, Johnson Elrod, Jax Kell, Avery Ostrand, Dylan Ramage, Mark Ramirez, Blayne Sparks, Austin Uresti, Bonnie Vannater, and Faith Vasquez.

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AP Scholars with Honor included (l-r) Joshua Skadburg (Class of 2018), Hailey Williams, Alexia Samaro, Madilynn Thomason, Katyarina Sierra and Emma Morgan. Not pictured, Chandler Wells, Juliana Sampson, Max Sandoval. Graduates of the Class of 2016 recognized as AP Scholars of Honor included Robert Brown, Patrick Chida, Rohena Farooqi, Leah Nealis, Claudia Norman, Gabriel Perez, and Allison Scott.

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Friday, Sept. 30 - Saturday, Oct. 1 2016 BBQ Cookoff Mutton Bustin’• Saturday, Oct. 1 Ages 4-7 • Books Open at 9:00am • Cash Prizes! Members of the current Hays High School senior class earning “AP Scholar” honors included Callie Britton, Camille Brown, Eddie Castillo, Mary Dickson, Carlie Dodd, Lauren Evans, Haley Fountain, Allison Garcia, Sarah Gibert, Sierra Grover, Isa Hernandez, Luke Jackson, Miles Medearis, Isabel Miranda, Sean Moore, Natali Morris, Shelby Nester, Emma Partain, Ryan Peed, Ariana Salas Porras, Glendy Santander, Sabrina Spracklen, Chance Walker, Jacob Watson, Logan Wilhoite, and Kathryn Williams.

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WAY EASIER THAN WAITING IN THE ER. Some emergencies are more like mini emergencies. Now you can make an ER appointment online, then wait at home. When you arrive, you’ll be seen within 15 minutes of your scheduled time. Remember, is for mini-emergencies only. If you’re experiencing a major emergency, get to the ER ASAP or dial 9-1-1.

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COMMUNITY HEALTH FAIR Join our staff and physicians, vendors, and providers for our annual health fair! Take part in health screenings, chair massages, Medicaid education, and more! Fun activities for the whole family! • Popcorn and sno-cones • Face-painting • Meet our helicopter transport teams and our friends from the Kyle Fire and Police departments

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Section C


AMAZING ICE Ice sculptor sets up shop in Kyle. – Page 1D

Hays Free Press

September 28, 2016 • Page 1C

Ten bulb favorites for Central Texas


f you love flower bulbs, now is the time to plan and plant for the spring of 2017. Although we will never be able to create the rolling fields of hyacinths and tulips like the Dutch, there are still many wonderful bulbs that thrive in our mild winters and hot summers, and return bigger and better every year. Many gardeners like to add them to their existing beds as seasonal spot color, since most of them bloom for just a short period and then


he Underground Railroad, a network of secret routes and safe houses used by slaves to escape to free Northern states with the help of sympathetic abolitionists, has long made for rich stories. Two recent New York Times bestselling books receiving high praise have managed to turn the Underground Railroad into something totally new while remaining true to its


Barbecue aficionados from across the area converged on Buda last weekend as they took part in the 2016 Fajita Fiesta at Buda City Park. The event, which was held Sept. 23-24, featured cooking competitions including fajitas, charro beans and camp bread. The event also had a group of area Buffalo Soldier reenactors set up camp at the site. Two of the primary draws during Saturday’s festivities were the annual jalapeno eating contest and a chihuahua beauty pageant. (See more photos online at Just follow the photos link.)

With October right around the corner, Hays County residents are gearing up for flu season. Pharmacies and doctors’ offices are stocked with the most updated vaccines possible to help alleviate the public of the contagion, but health professionals say the flu vaccine only works if people get it. Dr. Fausto Meza M.D., chief medical officer for the Seton South Market that is a part of Ascension, the largest nonprofit health system in the U.S., said the vaccine is recommended for everyone aged six months or older. Meza said the flu virus spreads through the air when a person with the virus coughs or sneezes and can be transferred to surfaces by touch. The typical flu season runs from October to March. Meza said the most common strains of the

flu virus are influenza A and influenza B. Even with vaccines available to combat this virus, Meza said it is still a dangerous illness that should be treated as such. According to Meza, in 2014-2015, many people suffered from a strain of Influenza A that contained the H1N1 virus. Meza said more people than ever before died that year from the H1N1 strain. Since viruses change and mutate over time, Meza said vaccine manufacturers work directly with scientists to determine the specific strains they think will be prevalent in the coming year and determine how to develop a vaccine that will protect against it. Meza encourages residents to stay informed on the different strains of the virus by utilizing the CDC’s website. He recommends practicing good hygiene during the flu season. Good hygiene tips include washing hands fre-

enter dormancy until the following year. The ten bulbs listed below are easy to care for. Generally speaking, southern bulbs flourish in any well-drained soil. You can water them a little to help them bloom, but drought will usually not kill them.



Jennifer Drake (left) receives a flu shot from Michael Corsedre from Walgreens. During one of its six weekly public distributions, 70 Hays County Food Bank clients received a flu shot. The clients did not have any other form of health insurance. Shots were administered and provided by Walgreens.

quently, especially when coughing and sneezing, along with covering a cough with a tissue or an upper sleeve and not the hands. Meza said the most important factor in not spreading the virus depends on the patient. He strongly recommends that residents who think they may have the flu virus stay at home instead

of reporting to work. “Don’t go to work when you have the flu,” Meza said. While this may present a monetary challenge to the patient, it may also reduce the likelihood of infecting the entire workplace. Trying not to spread the virus after infection


Check It Out

by Jane Ray, Kyle Public Library

spirit. In The Underground Railroad by Colson Whitehead, the Underground Railroad isn’t a metaphor. Actual tracks and tunnels have been


Surgeon’s son picks acting over medicine


Health officials shed light on upcoming flu season BY SAMANTHA SMITH

by Amanda Moon

Secrets, safe homes make great stories

Fajita Fiesta

It’s About Thyme

he life and career of actor Zachary Scott, handsome star of stage and screen, were cut short by cancer on Oct. 3, 1965. Zachary Thomson Scott, Jr. was born in Austin in 1914. The son of a surgeon was expected to follow in his father’s footsteps but never showed the slightest interest in medicine. He was drawn instead to drama and began appearing in plays while still in high school. At the University of Texas, his local college, Zach Scott combined acting and athletics. He landed leading roles in several campus productions in addition to serving as president of the Curtain Club while at the same time running track. Deciding to see the world, Zach dropped out of school and worked his way to Europe as a deckhand on a freighter. During an extended stay in London, he joined a repertory company and gained priceless experience on the English stage. Zach came home in 1935 and on his twentyfirst birthday married his college sweetheart Elaine Anderson, whose family also had money. The newlyweds lived in New York for a short spell but returned to Austin so the young husband could finish college. Zach burned the candle at both ends, holding down two jobs – director of the Little Theater and drama teacher at St. Mary’s Academy – while carrying a full course load. After graduation in 1939, the couple pulled up stakes again for Manhattan with the blessing and financial backing of both sets of parents. With his lean good looks, natural charisma and theatrical talent, Zach found plenty of

This Week In Texas History by Bartee Haile

work on Broadway. Elaine, on the other hand, could not get her foot in the door and eventually settled for a behind-the-scenes career in production. None other than Jack Warner himself of Warner Brothers Studio discovered Zach in 1943. Due to the wartime shortage of matinee idols, the movie mogul immediately signed the 29-year-old Texan to a long-term contract and put him right to work. As a mysterious international criminal in the suspense classic “The Mask of Dimitrios,” Zach held his own opposite screen veterans Peter Lorre and Sidney Greenstreet. Nearly 75 years later, his first motion picture is between-thewars intrigue at its best thanks to an outstanding cast and a superb story. Zach followed this auspicious debut with what most critics and fans consider his finest performance. In “The Southerner,” the film version of Texan George Sessions Perry’s awardwinning novel “Hold Autumn in Your Hand,” the rich kid proved he could really act with a convincing portrayal of a struggling sharecropper. After just two movies, Zach looked like he was on the fast track to stardom. In the 1946 “stars of tomorrow” poll, he came in third ahead of Eve Arden, Yvonne De Carlo and Robert Mitchum. The reviewer for his hometown paper called him “Austin’s one


COMMUNITY Hays Free Press • September 28, 2016

Page 2C

OBITUARIES LEHMANN Virginia “Virnie” Lehmann was born on September 5, 1930 in Lockhart, Texas and passed away peacefully at her home in East Bernard, Texas on September 11, 2016. She was born to Joseph Henry Bienek and Christina Constansia Charnetski, the sixth of their seven children. She was preceded in death by her parents; her husband, Gilbert William Lehmann; her sisters, Leona Shaw and Emma Walkoski; and her brothers, Vincent Bienek, Queenteen Bienek, and Clifton Bienek. She married Gilbert William Lehmann on March 1, 1952, and remained married until his death on October 23, 1990. Her pride and joy was her family. She had eight children, 16 grandchildren, and 15 greatgrandchildren. Her voice would smile when any one of them called her on the phone, and her face would light up when one of them walked through her front door. She loved every moment she spent with them. She had a beautiful, gentle, and kind spirit. She enjoyed caring for others. If she could make someone happy, especially through her most enjoyed hobbies of sewing, cooking, or gardening, she would eagerly do so. She would readily cook a nice, homemade meal or give away some of the fresh or canned vegetables from her garden. Her favorite hobby though was sewing. By

necessity, she sewed many, if not all, of her children’s clothing. Out of joy and love, she sewed wedding dresses for her daughters. She continued giving to her grandchildren with her talent of sewing by crafting Raggedy Ann and Andy dolls, Cabbage Patch dolls, and many elaborate Barbie doll outfits. She was a selfless person who loved taking care of everyone in her life; always worrying more about others than herself. She would have given her last penny to anyone she loved. Although this world lost a beautiful soul, Heaven has gained a precious angel. She will truly be missed. Virginia is survived by her eight children: Karen Lehmann Hagan and husband, Earl, of Lockhart, Texas; Carol Lehmann Hollub and husband, Case, of Weimar, Texas; Bradford William Lehman and wife, Ronda, of Lockhart, Texas; Merle Lehmann Hollub and husband, G.H. “Sonny,” of Buda, Texas; Milton Ernest Lehmann of Dale, Texas; Deanna Lehmann Marotz and husband, Jimmy, of Austin, Texas; Jerri Lehmann Schake and husband, Scott, of Wimberley, Texas; and Bryan “Randy” Lehmann and wife, Stacy, of East Bernard, Texas. She is also survived by her 16 grandchildren: Billy Hagan, Jennifer Hagan, Ariane Hollub, Amanda Hollub Lawrence, Clarissa Marotz Smith, April Thiel Hollub, Stephanie Hollub-Fletcher, Joshua Hollub, Andrea Hollub, Nathan Marotz, Ryne Lehman, Miranda Lehmann, Hannah Schake, Cody Lehmann, Haley Schake, and Heath Schake. And her 15 greatgrandchildren: Lauren, Madison, Skylar, David,

Brodie, Addison, Trent, Abigail, Alana, Kaylee, Allianne, Lucy, Madeleine, Harlow, and Heidi. She is also survived by her sister, Helen Schubert of Houston, Texas, and many nieces and nephews. Although her song has ended, her melody lingers on. She will always be carried in our hearts.

TAYLOR Nancy Jo Taylor, born May 26 1955, departed this world peacefully on the afternoon of September 16, 2016. Elvis played on the radio while she lay comfortably in the company of her husband, children and family. After a long

and courageous battle with various health issues, Nancy was finally able to rest and let go of her earth bound burdens. A memorial service will be held in her honor on Saturday October 1st, 2016 at the Onion Creek Senior Center in Buda, TX from 11 a.m. to 2 p.m. Nancy was born to Clarence and Corrine Randall, in Phoenix, Arizona and grew up in Lockhart, TX. She was a member of the dance team and graduated from Lockhart High School in 1973, she would go on to attend Concordia University and spend most of her career working in early education. She was married to her first husband Jack Taylor, and together they had two children, Jerrod and Sara. Her children were the light of her life and she was always the first to brag about their latest

accomplishments, even well into their adulthood. After Jack’s passing, she connected with an old acquaintance Barry Beard, and in 2004 they were married in Las Vegas by “Elvis” himself! Through this marriage, Nancy gained three step children who adored her completely and were so happy that she was in their dad’s life. Shortly after she and Barry were married, Nancy was diagnosed with a brain tumor; she went through the long and difficult process of radiation, but unfortunately the side effects would weigh on her health for years to come. She went up against a number of dangerous and life threatening illnesses over the next 12 years but never lost her positivity and grace. Despite the painful and crippling damage to her health,


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Continued from pg. 1C contribution and perhaps Texas’ most distinguished gift to the motion picture industry.” In the newcomer’s third feature released in 1946, he played Joan Crawford’s “rotter of a second husband” in “Mildred Pierce.” Zach turned in a credible performance but was overshadowed not only by the scene-stealing star but also by Eve Arden and Ann Blyth, both of whom received Academy Award nominations for Best Supporting Actress. In those days, an actor was studio property and did what he was told or else. When Humphrey Bogart balked at making the mediocre western “Stallion Rock” for another studio in 1947, Zach filled in for him on loan from Warner Brothers. He seemed to get back in the groove as a poor youth willing to sacrifice anything and anybody for wealth and power in the rags-to-riches melodrama “Ruthless.” But that part and similar roles in pictures like “The Unfaithful” and “Cass Timberlane” typecast him as a cad, villain and all-around bad guy. Zach’s 1949 reunion with Joan Crawford, another Texas native, should have given his career a boost, but “Flamingo Road” turned out to be his last major motion picture. It did not help that he shaved his trademark mustache and played a spineless deputy sheriff. Elaine had stayed behind in New York when

Zach went to Hollywood, and in 1950 they made the separation permanent. She wasted no time in marrying famous author John Steinbeck, and he later wed actress Ruth Ford. Roles were fewer and farther between for Zach in the 1950s, and the quality of the movies steadily declined. He made his final film, a Jerry Lewis comedy, in 1962 and returned to his first love – the stage. The Scotts were giving readings of William Faulkner’s works at the University of Mississippi in the winter of 1965, when Zach became seriously ill. The lifelong smoker was diagnosed with lung cancer, and the disease was destined for his brain. He spent his last weeks at the family home in Austin, where he died that October at age 51. Seven years later, the Austin Community Theater needed money for a new stage. Zachary Scott’s sister made a six-figure contribution on condition the theater be renamed for her brother. She never imagined that, in keeping with the flippant familiarity so common in the state capital, it would someday be called “The Zach.”

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Bartee’s three books (“Texas Depression-Era Desperadoes,” “Murder Most Texan” and “Texas Boomtowns: A History of Blood and Oil”) and his 10 column collections are available on his web site


she always met you with a smile and a kind word. Nancy was an unbelievably strong woman filled with nothing but love and light. She was a doting wife, proud mother and beaming grandmother, always so happy to just be with her family and those she loved. In her passing, she will be joyfully reunited with her father Clarence, sister Linda and first husband Jack. And, will be dearly missed by those she leaves behind, who will carry their love for her forever: her husband Barry Beard; son, Jerrod Taylor (wife Lizzy); daughter, Sara Robinson (husband John); stepchildren; mother Corrine Randall; sister Diana Thomas (husband John); grandchildren, Ella, Ava, Sylas, Caleb, Holly and Audrey; and various nieces, nephews and extended family.

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Page 3C

Ask Amanda

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Continued from pg. 1C

Buda, Texas • 15300 S. IH-35 • 312-1615

the white/green flowers last for some time. They can be grown in shade or sun and are very tolerant of a wide variety of soil types and moisture levels. Note: There is a largerleaved bulbous plant also called Lily of the Valley that struggles here, so make sure the genus (Leucojum) is correct when buying. 9. Oxblood Lilies Rhodophiala bifida: An heirloom flower found in many old cemeteries and homesteads. The red flowers appear on naked stalks in September or October depending on rainfall. Although the flowers are fairly short lived they look stunning when you see them blooming under an oak tree en masse. Shade and neglect are not a problem for these hardy bulbs; in fact they thrive under these conditions. 10. Species Tulips: Although hybrid (florist-type) tulips are short lived here in Texas, we can do quite well with species tulips. They are more naturallooking and a little looser in form, but will bloom for many years in the right spot. I have mine mixed in with pots of spider lilies and amaryllis and they are quite happy. If you have a gardening question, send it to Chris via email: (Please put ‘Ask Chris Winslow’ in the subject line.) Or mail your letter or postcard to: Ask Chris Winslow. It’s About Thyme: 11726 Manchaca Road, Austin, TX 78748 


203 Railroad Street Downtown Buda Pharmacy 312-2111 Fountain 312-2172

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

Your Hometown McDonald’s

McDonald’s of Buda

15359 IH-35, Ste. B P.O. Box 1364, Buda, TX 78610 512-312-2383 Locally owned and operated by Jimmy and Cindi Ferguson

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


St. Elizabeth’s Episcopal Church 725 RR 967, Buda

Monte del Olivar Christian Center 2400 FM 150 E., Kyle

St. Stephen’s Episcopal Church RR 3237 (Wimberley Rd.), Kyle

The Connection Church 1235 S. Loop 4, Buda

St. Alban’s Episcopal Church 11819 IH-35 South

Kingdom Hall of Jehovah’s Witnesses FM 2770, Kyle Jehovah’s Witnesses South 10802 Manchaca Rd., Manchaca

Mission Fellowship Church 200 San Marcos Street, Buda

LUTHERAN Living Word Lutheran ELCA 2315 FM 967, Buda Good Shepherd Ministries FM 967, Buda

2325 FM 967 • 312-0701

St. John Lutheran, LCMS 20 N. Camino Real (State Hwy. 21), Uhland

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 non-denominational church with live contemporary Christian music and life giving teaching! Located 1 block off FM 2001 at 302 Millennium Dr., Kyle, Texas (Millennium Drive is an entrance road) Pastor Rusty Fletcher and family

Services Sun. 11:00 a.m. Wed. 7:30 p.m.

Call or Text 512.393.4460

Visit for more info.

uel Baptist Church n a m Im 4000 East FM 150 (4 miles east of Kyle) (512) 268-5471

SUNDAY: Bible Study for all ages, 9:45 a.m. Worship Service, 10:55 a.m. Pastors: (English and Spanish) Rodney Coleman and WEDNESDAY: Bible Study, 2 p.m. Men’s Bible Study, 7 p.m. Family Discipleship, 7:15 p.m. (Spanish)

God with us

Silverio Hernandez

Buda United Methodist Church San Marcos & Elm St., Buda Kyle United Methodist Church Sledge & Lockhart St., Kyle Journey United Methodist 310 San Antonio Dr., Buda


Fellowship Church at Plum Creek 160 Grace Street at 2770, Kyle

Friendly, Courteous Service

Trinity United Chuch of Niederwald 13700 Camino Real, Hwy. 21, Niederwald PENTECOSTAL Mision de Casa de Oracion S. Hwy. 81, Kyle New Life Sanctuary Kyle Science Hall Elementary 1510 Bebee Rd.

St. John’s Presbyterian Church 12420 Hewitt Ln., Manchaca

Driftwood United Methodist Church RR 150 at County Road 170

First Presbyterian Church 410 W. Hutchison, San Marcos, TX 78666


Hays Hills

CONFESSION Saturdays: 4 p.m.-5 p.m.

OFFICE HOURS Monday-Friday, 9 a.m.-5 p.m.

MASS SCHEDULE: Saturday evening: 5:30 p.m. Sunday 8:30 a.m. (Spanish), 11 a.m. (English) 5 p.m. (English)

Come worship with us Join our church directory by emailing

 

 

Baptist Church

Adult, teen, children’s classes • Children’s worship Professionally-staffed nursery & pre-school


8:30 a.m. Traditional service 9:45 a.m. Contemporary service 11:00 a.m. Blended service

Santa Cruz John Catholic Church St. Lutheran Church

1100 Main Street • Buda, Texas 78610 Office: 512-312-2520 • Fax: 512-295-2034 • Rev. Kirby D. Garner, Pastor • Fr. José Luis Comparán, Assoc. Pastor

Call 1-866-691-2369

Word of Life Christian Faith Center 400 Old Post Road, Kyle

Manchaca United Methodist Church FM 1626 & Manchaca Rd., Manchaca

Rev. Nancy Day Office 295-6981, Parsonage 512-393-9772

Privately owned From local springs

A Fountain of Life Church 302 Millenium Dr. Kyle

Buda-Kyle Church of Christ 3.5 miles south of Buda on FM 2770

*Traditional Worship (Worship Center)-9 a.m. Sunday School (all ages)-10:00 a.m. *Informal Worship (Chapel)-11 a.m. Wednesday Evening (Chapel)-6:30 p.m. *On 5th Sundays we conduct one service at 10 a.m. with special music.

Pure Texas Spring Water!

Vertical Chapel 801 FM 1626 (Elm Grove Elem.), Buda

St. Paul’s United Methodist Church 7206 Creedmoor Rd., Creedmoor

Elm Street & San Marcos

FM 2770, Buda, Texas 295-4801

Por Tu Gracia Fellowship 701 Roland Lane, Kyle


Buda United Methodist Church


New Covenant Community Church 1019 Main Street, Buda (in Dance Unlimited)


Southern Hills Church of Christ 3740 FM 967, Buda


The Well Buda

Santa Cruz Catholic Church 1100 Main Street, Buda St. Anthony Marie Claret Church 801 N. Burleson, Kyle

Antioch Community Church Old Black Colony Rd., Buda

Kingdom United Christian Church 100 Madison Way, Buda

Baptist Church of Driftwood 13540 FM 150 W. CATHOLIC


Completed & Perfected Faith Church Tobias Elementary Cafeteria, FM 150, Kyle

Redeeming Grace Lutheran LCMS FM 1626 & Manchaca Rd., Manchaca


Texas Crossword, from page 2C


Primera Mision Bautista Mexicana Kyle

Log onto

Texas Crossword Solution

For these and other great books, stop by the Kyle Public Library.



Veterinary Clinic

Sudoku Puzzle, from page 2C

Come worship with us ASSEMBLIES OF GOD

Debbie Thames, Agent 251 N. FM 1626, Bldg. 2, Ste. C, Buda, Texas 78610 312-1917

built underground throughout the south to help slaves escape from bondage. The story follows Cora on her desperate journey to freedom, where even seemingly safe places can harbor unexpected dangers. Whitehead, an award-winning writer who has other bestsellers to his name, is garnering extensive praise for his most recent novel. Another book to explore the Underground Railroad is Underground Airlines by Ben Winter. In this alternative history, Abraham Lincoln was assassinated on his way to his inauguration, the Civil War never happened, and slavery is still legal in the modern U.S. in four states (known as “The Hard Four”). The main character, Victor, is a young, gifted black man who works undercover with the U.S. Marshalls to track down fugitives. Victor fought hard to earn his freedom and thinks he’s a good man doing bad work, but he begins to uncover secrets the government will stop at nothing to keep.

9:00am 10:00am 6:00pm 7:00pm

Wednesday  1401 N. FM 1626

  

Thursday Evening Bible Study, 5:30 p.m. & Open Communion

Highway 21, Uhland

Pastor: Rev. David Goeke 210-635-8584 • 20 N. Camino Real (State Hwy. 21) • Uhland, Texas 78640

First Baptist Church

A loving & caring Southern Baptist Church 104 S. San Marcos Street, Buda Buddy Johnson, Pastor • 295-2161 Sunday School...........................................9:30 a.m. Morning Worship....................................10:45 a.m. Wednesday Bible Study/Youth Activities...6:00 p.m. AWANA’s (Wednesday)..........................6:00 p.m. Nursery Provided •



of Uhland , LCMS Bible Study . . . . . . . . . . . . . . . . . . . . . . . 9:15 a.m. Church Services . . . . . . . . . . . . . . . . . 10:30 a.m.

Bible Class Worship Worship Bible Class

Science Hall Elementary, 1510 Bebee Road. Pastor J.D. Elshoff 512-638-6312

Make THIS your church home!

Southeast Baptist Church 5020 Turnersville Rd • Creedmoor, TX 512-243-2837

Sunday Bible Study: 9:45 a.m. Worship: 11:00 a.m. WEdnESday Pray & Devotion: 6:30 p.m.





162 5

Holidays to enjoy, but then can be planted outside in the spring. Amaryllis are traditionally forced (tricked into blooming outside of their natural bloom cycle) so that they flower in winter even though they normally bloom in the spring and summer in Texas. Pot them into a container and then transplant them to a morning sun bed in the spring. 5. Spider Lilies: (aka Hurricane or Schoolhouse lilies) They bloom after heavy rains in late summer or early fall and go dormant until the next summer. The foliage is an attractive green with a pale green central stripe. Lycoris is easy to grow and a great heirloom bulb. 6. Crinums: These lilies are an old plant that many of our grandparents had in their gardens. The flowers are a starry bell shape and come in hues of pink and white and some are even striped. Crinums need a sunny spot to bloom and many can get quite large . . . so give them plenty of space! 7. Muscari (grape hyacinth): These smaller plants make good filler and bloom in the very early spring. I have some growing under the water faucet in the flowerbed for a beautiful punch of color every spring. 8. Lily of the Valley, Snowflake Leucojum aestivum: These old-fashioned bulbs should be grown more. They are the first to bloom in the spring (late winter for us) and


Some just wait patiently until the first good rain and then shoot up a bloom stalk within days. After blooming, allow the leaves to die back naturally and leave them alone. They are storing up energy for next year. 1. Daffodils/Narcissus: Many of the hybrids, such as the pink or double varieties, will return to bloom for a few years. The heirlooms – standard yellows and paperwhites – will blossom for many years with little assistance. 2. Bearded Iris: Although a rhizome and not a true bulb, you can’t get a better performer for central Texas gardens. They’re mostly evergreen and I have yet to find one that doesn’t love our climate, whether the old-fashioned purple and whites or the fancier hybrids. Irises are highly fragrant when they bloom and are beautiful as cut flowers. Plant leaving half the rhizome exposed and with enough sun to ensure blooms. 3. Peruvian Daffodil, Spider Flower: These bulbs grow into large stands of white flowers atop long, strapping foliage and can be striking accent plants as well as a small ‘hedge’ if happy enough. Their downfall (like many bulbs) is too much water, so make sure they are not planted in a lowlying area as some of our years are quite wet. 4. Amaryllis: These traditional Christmas flowers are actually warm season bulbs that are bought during the


Sudoku Solution

Continued from pg. 1C




N. Lp









Hays Free Press • September 28, 2016



COMMUNITY Hays Free Press • September 28, 2016

Page 4C

Fly your Texas Flag to Honor the Heroes of Gonzales

Concerts for a Cause

On Sunday, Oct. 2, fly your Texas flag to honor the 160 Texians who dared the Mexican soldiers to “Come and Take It” in Gonzales.

Kyle Garden Club

The Kyle Garden Club will meet on Friday, Oct. 7 at 12:30 p.m. at the Historic Kyle City Hall. The program is on ‘Upside Gardening,’ presented by Shirley Lucas. The public is welcome.

National Night Out

On Oct. 4, every city, town and community in the United States will celebrate the annual National Night Out, a communitybuilding campaign which heightens crime prevention awareness. If you have further questions or need to register in Hays County, contact Deputy Stephen Traeger of the Hays County Sheriff’s Office at 512-393-7373 or via email at stephen. For more information about National Night Out, visit the National Association of Town Watches website at www.nationaltownwatch. org/natw.

Come out for the next Concert for A Cause to be held Saturday, Oct. 1 from 5-8 p.m. at Pinballz Kingdom in Buda, where locals will be raising money and awareness for Rebuilding Together Austin. The concert will feature music by Joey Alba from 5-6 p.m. and and Stupid Drama 6-8 p.m. Learn more at www. and

Classes, meetings and local events can be found on the calendar at Email event submissions to

Brent Thurman Memorial Bull Riding

This annual event includes rodeo events, PBR bull riding, golf tournament, dance and more. The event will be held at Dripping Springs Ranch Park on Oct. 1. For more information visit www.

Sacred Springs Pow Wow


3200 Kyle Crossing (512) 523 9012

This annual celebration of the Native American culture has been part of the San Marcos area for thousands of years. Native dancers from across Texas gather at the Sacred Springs in San Marcos dressed in beautiful, handcrafted regalia. Come out to the Meadows Center Oct. 8 and watch the dancers, participate in the intertribal dances, and enjoy the booths that offer authentic Native American arts and food.

Experience it in


For all showtimes and listings, please check our website or call our showline!

$5 Tuesdays Any Movie. All Day.

Excludes special events & advanced showings. EVX & 3-D upcharges still apply

Harvest Festival

Come out to the Uhland Community Building (15 N Old Spanish Trail in Uhland) for a day of fall fun on Saturday, Oct. 1 from 10 a.m.-2 p.m.This annual event hosted by the St. John Church will feature a raffle, bake sale, local vendors and more.

Hootenanny on the Hill

The Plum Creek Homeowners Association invites you to the annual Hootenanny on the Hill Oct. 8 from 11 a.m. to 5 p.m. at Haupt Park and Fairway Fields (450 Haupt in Kyle). Come out for a day of fun, including: 10k, 5k, 3k, and 1k Fun Runs, a BBQ contest, music, bouncy houses, a pumpkin decorating contest and good old family fun. See for more information.

Flu Season

Continued from pg. 1C is important, but Meza said prevention is the key in winning the annual battle against the flu virus. The flu vaccine is not a mandatory vaccine that everyone is forced to receive, but it is a good idea for everyone. Meza said the main group of people who need the vaccine are the immunecompromised, such as young children, elderly adults, pregnant women and those with weak immune systems. Meza said the flu is a real illness that if left untreated and unprevented can create a secondary bacterial infection that can lead to conditions such as pneumonia, which could lead to hospitalization. “The flu vaccine can help prevent death from the virus for immune-compromised patients,” Meza said.


The best time for residents to get a flu vaccination is from October to March, which is when the flu virus typically spreads, Meza said. Health professionals are also recommending the injectable form of the vaccine instead of the nasal mist for efficacy purposes this flu season Meza said the nasal mist is a live/active virus whereas the injectable version is an inactivated virus and researchers have determined that this season the inactivated virus will combat the illness better. Earlier this year, the Hays County Food Bank, in cooperation with Walgreens, provided 70 flu shots free of charge at its food distribution sites. The services were coordinated by the Methodist Healthcare Ministries of South Texas, Inc.

Hays Co. flu shots Prices are without insurance


Standard Trivalent $14.99


Quadrivalent $39.99


Standard Trivalent $31.99 Quadrivalent $39.99 (The Walgreens Pharmacy company offers the “Get a shot, give a shot” program which provides a vaccine to a person in a third world country for every vaccine they sell.)


Standard Trivalent $27.88 Quadrivalent $32.54


Standard Trivalent $15 Quadrivalent $25


Quadrivalent $39.99 (Standard Trivalent vaccines protect against three strains of influenza including influenza A H1N1, Quadrivalent vaccines, introduced this year, are designed to protect against four strains of the flu virus including influenza A H1N1.) Information collected from, last updated on Sept. 20, 2016.

New Year. Same Price. 2016 Refillable Tubs and Cups.

Only $7.50 each!

Be sure to visit our website! EVO-ENTERTAINMENT.COM Films. Lanes. Games.

Section D


Hays Free Press

September 28, 2016 • Page 1D

A recipe for Amazing Ice BY DAVID WHITE

When ice sculptor Doug Christy began his career about 19 years ago, he didn’t consider himself an artist. In fact, Christy was a swimming pool installer and an all-purpose handyman, or a “wrencher.” “I’m just really good with my hands and I’ve always been able to see things spatially,” he says. Regardless of how he defines himself, Christy has produced ice sculptures, ranging from animals and logos to food displays and even functioning bars. Christy, who just relocated his business, Amazing Ice Designs, to Kyle in the last few months, is still customizing his shop on Weldon Johnson Way. Christy moved to Kyle because of the cost of rent compared to that of Austin. He also wanted to tap into the San Antonio market, as there are a handful of ice sculptors between Dallas and San Antonio, Christy said. Christy makes the ice himself in huge icemakers that make four, 300-pound blocks that take up to four days to freeze. “I’m fighting the water chemistry in Kyle,” he said as he pointed out the cloudy surface developing on top of the huge blocks of ice. “All that white stuff there is likely lime,” he says as he points to

“I’m fighting the water chemistry in Kyle ... All that white stuff (in the water) is likely lime.” – Doug Christy of Amazing Ice Designs

the almost frozen ice. He is currently working on modifying his own water filtration system. Besides filtering the water, Christy said the secret to clear ice is to constantly stir the water as it freezes to release tiny oxygen particles, which the freezer does with pumps. Christy uses a host of tools, including a computerized machine that etches out lettering or a basic outline for a sculpture, to a chainsaw and hand tools with different bits and chisels. In a demonstration he gave the Hays Free Press last week, Christy showed his skill by carving a sculpture similar to the Texas State Bobcat logo just by glancing at the design on a smartphone. But Christy didn’t have any simple answers when asked about the average time it takes to complete a sculpture. He says he doesn’t look at the clock when he’s creating. There are many occasions, however, when he is finished or almost done with a sculpture and he’ll see a crack somewhere. Even if he thinks no one will notice, he will usually redo the sculpture. While Christy has had a

few occasions where something didn’t go right with one of his sculptures, he’s learned from his mistakes and takes in every consideration so his transports and presentation are flawless. He recalled one instance when he delivered a sculpture to a wedding and placed it under a ceiling fan that had been turned off. A passerby thought the sculpture could use some cool air and turned the fan on, causing the statue to melt twice as fast as it was intended to. Christy says the average sculpture usually lasts 5 to 8 hours. Pieces with more detail tend to melt faster due to the increased air-to-surface ratio. But Christy said he doesn’t work with other mediums, only ice. The temporary status of the ice sculpture is so unique, making it more memorable, he explained. Christy said he would sometimes get thank you cards many weeks after an event, telling him that people are still talking about the ice sculptures. He said ice sculptures are a good investment because it’s something that’s remembered long after the event.


See more classifieds on pages 2-3D.


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Ice sculptor Doug Christy of Amazing Ice Designs sculpts a Bobcat to demonstrate how he uses hand tools in his creations. Below are samples of other ice creations Christy has made.


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Hays Free Press

Page 2D

Hays Free Press • September 28, 2016


The City of Buda Planning and Zoning Commission will hold a public hearing beginning at 7:00 p.m. on Monday, October 17, 2016 and the City of Buda City Council will hold a public hearing beginning at 6:30 p.m. on Monday, November 7, 2016 in the Council Chambers at Buda City Hall, 121 Main St., Buda, Texas, 78610, to receive written and oral comments in regard to a request to change the zoning from Medium Density Residential (MR) to Arterial Commercial/OfficeArterial Retail (C2/R2) for the property located at 835 Main Street, being 3.552 acres of the ABS 5 S V R Eggleston Survey. For more information regarding this matter, please contact the City of Buda Planning Department at (512) 312-0084.


Original Letters of Independent Administration for the Estate of WILLIAM MARTIN BOSCH, Deceased, were issued to Stephanie

Helton on September 23, 2016, under Cause No. 160273-P, pending in County Court of Law No. 1 of Hays County, Texas. All persons having claims against this estate must present them within the time and in the manner prescribed by law. Claims may be presented in care of the personal representative’s attorney, addressed as follows: Estate of William Martin Bosch, Deceased, LAW OFFICE OF CHARLES SMAISTRLA, 7200 N Mo Pac Expy Ste 160, Austin, TX 78731-2560.

CITY OF BUDA ACCEPTING APPLICATIONS FOR SUSTAINABILITY COMMISSION The Buda City Council is accepting completed Boards/Commissions application forms from City of Buda residents interested in serving on the newly formed Sustainability Commission. At least five (5) of the members of this commission shall reside within the corporate limits of the city and no more than two (2) members shall

CITY OF KYLE ORDINANCES The City Council of the City of Kyle will hold a public hearing and consider adopting the following Storm Drainage and Flood Risk Mitigation Utility Ordinance and Fee on second reading on November 15, 2016 at Kyle City Hall, 100 W. Center Street, at 7:00 p.m.: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 50 “UTILITIES”, OF THE CODE OF ORDINANCES OF THE CITY OF KYLE, TEXAS, BY THE ADDITION OF ARTICLE X, “STORM DRAINAGE AND FLOOD RISK MITIGATION” TO ESTABLISH A MUNICIPAL DRAINAGE UTILITY SYSTEM; PROVIDING FOR DRAINAGE SERVICE, BILLING, EXEMPTIONS, DRAINAGE CHARGES AND APPEALS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) PER DAY PER OFFENSE (or VIOLATION); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Kyle, Texas, has investigated and determined that it would be advantageous and beneficial to the citizens of the City to promote the public health, safety and welfare of the citizens to adopt a Municipal Drainage Utility System; and WHEREAS, the City Council further investigated and determined that it would be in the best interest of the citizens to adopt the Municipal Drainage Utility Systems Act as set forth in Chapter 552, Subchapter C, Texas Local Government Code, as amended ("Act"); and WHEREAS, the City Council hereby adopts the Act and incorporates it herein in its entirety for all purposes; and WHEREAS, the City Council finds that the drainage of the City is a public utility within the meaning of the Act; and WHEREAS, the City Council further finds that the City will establish a schedule of drainage charges against all real property in the proposed service area(s) which includes the entire City limits subject to charges under this Article; and WHEREAS, the City Council further finds that the City will provide drainage for all real property in the proposed service area(s) on payment of drainage charges, except real property exempted under the Act or pursuant to this Article; and WHEREAS, the City Council further finds that the City will offer drainage service on nondiscriminatory, reasonable and equitable terms; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KYLE, TEXAS: SECTION 1. Article X, Storm Drainage and Flood Risk Mitigation Utility, Sections 50500 to 50-518 are hereby added to Chapter 50 “Utilities” of the Code of Ordinances, and is hereby amended to read and be as follows: ARTICLE X. STORM DRAINAGE AND FLOOD RISK MITIGATION UTILITY Sec. 50-500. - Purpose. The Storm Drainage and Flood Risk Mitigation Utility is established in order to: (a) Maintain the public health and safety, within the city limits, by protecting the community from the loss of life and property caused by surface water overflows, surface water stagnation and

be residents of the city’s extraterritorial jurisdiction. Application forms may be picked up at City Hall, 121 S. Main St., Buda, during normal business hours, Monday through Thursday 8:00 a.m. – 5:00 p.m., and on Fridays from 8:00 a.m. – 4:00 p.m. You may also access the website at to download a copy of the Boards/Commissions application and mail the application to City Secretary, P. O. Box 1380, Buda, TX 78610. Completed applications will be accepted through October 14, 2016. For additional information, contact the City Secretary at 512 312-0084.


Chapter 59 Texas Property Code: They will conduct a Public Sale to the highest bidder for cash on their premises. This sale is being listed below. The company reserves the right to reject any bid and withdraw any from the sale at any time. Date: October 8, 2016 River Road Self Storage

pollution arising from point source and nonpoint source runoff within the boundaries of the service area of the utility, as established in this ordinance; and (b) Offer and provide drainage service on nondiscriminatory, reasonable and equitable terms within the service area. Sec. 50-501. - Definitions. The following definitions shall apply to terms within this ordinance: Act means the Municipal Drainage Utility Systems Act of the Texas Local Government Code. Benefitted property means an improved lot or tract to which drainage service is made available under this ordinance. Commercial property means buildings or land intended to generate a profit, either from capital gain or rental income, including multi-family residential; any lot or parcel of land used for any purpose other than single family residential. Cost of service as applied to a drainage system service to any benefitted property means: (1) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights-of-way, options to purchase land, easements and interests in land relating to structures, equipment and facilities used in draining the benefitted property; (2) the prorated cost of the acquisition, construction, repair and maintenance of structures, equipment and facilities used in draining the benefitted property; (3) the prorated cost of architectural, engineering, legal and related services, plant and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incidental to planning, providing or determining the feasibility and practicability of structures, equipment and facilities used in draining the benefitted property; (4) the prorated cost of all machinery, equipment, furniture and facilities necessary or incidental to the provision and operation of draining the benefitted property; (5) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property; (6) the prorated cost of debt service and reserve requirements of structures, equipment and facilities provided by revenue bonds or other drainage revenue-pledge securities or obligations issued by the city; and (7) the administrative costs of operating the Storm Drainage and Flood Risk Mitigation Utility. Drainage means bridges, basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. Drainage area means the land area from which water drains to a given point. Drainage easement means a delineated portion of land set aside for the overland or underground transfer or storage of stormwater. This area shall not have any permanent structures, fences, or other obstacles hindering the safe transfer of water through the easement. Drainage charge means: (1) the levy imposed to recover the cost of the service of the city in furnishing drainage for any benefitted property; and

wishes to avail themselves of the Texas Provision of chapter 59 of the Texas Property Code. This sale is listed below. Time: 10:00 a.m. Location: River Road Self Storage, 880 River Road, San Marcos, TX 78666 Unit #15: Floor dolly, chair, loveseat, telescope, TV, boxes Unit #24: Boxes, toys Unit #44: Clothes Unit #74: Couch, cast iron table, microwave, slow cooker Unit #131: Bed, office chair, couch, boxes, totes Unit #151: Bags of clothes Unit #297: TV, couch, vacuum cleaner, treadmill Unit #314: Microwave, bed, DVD player, guitar, golf clubs, boxes Unit #367: Bed, dresser, slow cooker, dining chairs, couch Unit #383: Office chair, floor dolly, dresser, paper shredder, printer, boxes


Hays CISD is Requesting Bids for Bid #27-091701SC Bulk Fuel. Bids will be

accepted until September 29, 2016 at 2:00 p.m. local time. Specifications are available in the HCISD Purchasing Office (512-2682141 ext 6035) between the hours of 8:00 a.m. and 4:30 p.m., Monday through Thursday or on the Public Purchase web site (www. Bid responses must be into the HCISD Public Purchase web site by the date and time indicated above. Late bids will be returned unopened. The HCISD Board of Trustees reserves the right to reject any and/or all bids and waive all formalities in the bid process.


STATE OF TEXAS, COUNTY OF HAYS By virtue of a First Order of Sale issued out of the 22nd District Court of Hays County, Texas, on a judgment rendered in favor of Silverado Homeowners Association, Inc. against Donna Speegle in Cause No. 14-1473, I did on the 3rd day of August, 2016 at 10:00

(2) an amount made in contribution to funding of future drainage system construction by the city. Drainage system means the drainage owned or controlled in whole or in part by the city and dedicated to the service of benefitted property, including provisions for additions to the system. Drainage utility means a drainage service that is regularly provided by the city, through city property dedicated to that service, to the users of benefitted property within the service area and that is based on: (1) an established schedule of charges; (2) the use of the police power to implement the service; and (3) nondiscriminatory, reasonable and equitable terms as determined by the City Council. Drainage utility charge means the drainage charge, including any interest and penalties paid by the owner or tenant of a benefitted property for drainage services provided by the Storm Drainage and Flood Risk Mitigation Utility including, but not limited to, the items described as "cost of service" in the Act. Facilities mean the property, either real, personal, or mixed, that is used in providing drainage and included in the drainage system. Impervious area, impervious surface or impervious cover means covering of the land surface by any means that would prevent penetration or percolation by water including but not limited to all parking areas, buildings, patios, sheds, private sidewalks and driveways within the land, tract, parcel or lot and any other impermeable construction covering the natural land surface. Improved lot or tract means a lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. Municipal Drainage Utility Systems Act or the “Act” means TEX. LOCAL GOV’T CODE Section 552.041, et seq., as it may be amended by Texas Legislature from time to time to include, but not by way of limitation, the applicable definitions in the Act. Nonpoint source runoff means runoff that occurs on surfaces before reaching a channel, river or drainage system. Runoff means the water from rain, snowmelt or irrigation that flows over the land surface and is not absorbed into the ground, and that instead flows into streams or other surface waters or land depressions. Service area means any area of land located within the City of Kyle city limits and any other land areas in the City’s extraterritorial jurisdiction as provided by the Municipal Drainage Utility Systems Act which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the drainage system of the City. Upon the effective dates of completed annexation of additional lands into the City, each such annexed additional land shall become part of the service area. Land annexed for limited purposes shall become a part of the service area upon annexation for full purposes. Single family residential means the use of a lot with one building designed for and containing not more than two separate units with facilities for living, sleeping, cooking, and eating therein. User means the person or entity who owns or occupies a benefitted property. Wholly sufficient and privately owned drainage system means land owned and operated by a person other than a munici-

a.m., levy on the following described tract of land in Kyle, Hays County, Texas, as the property of Defendant, Donna Speegle: Lot 1, Block C, Silverado at Plum Creek Section 1A, a subdivision in Hays County, Texas, according to the map or plat thereof filed in Volume 10, Pages 183 of the Plat Records of Hays County, Texas. Locally known as 100 Colt Loop, Kyle, Texas 78640. On October 4, 2016, the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m., at approximately 10:00 a.m., at the main entrance door of the Hays County Government Center located at 712 S. Stagecoach Trail San Marcos, Texas 78666, I will offer for sale and sell at public auction to the highest bidder, for cash in hand, all the right, title, and interest of the Defendant in the property. Dated August 3, 2016. JAMES H. KOHLER Constable Pct. 2 Hays County, Texas By: C. Verastegui, Deputy

pal drainage utility system, the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of a municipal drainage utility system. Sec. 50-502. - Establishment of drainage utility and dedication of assets. The City of Kyle Storm Drainage and Flood Risk Mitigation Utility is hereby established as a drainage utility. The city dedicates all city-owned property, facilities, materials and supplies constituting the city's drainage system as of the effective date. All future acquisitions of real or personal property related to drainage shall be maintained as a part of the Storm Drainage and Flood Risk Mitigation Utility. Sec. 50-503. – Storm drainage and flood risk mitigation utility service area. The service area for the Storm Drainage and Flood Risk Mitigation Utility shall include all property within the city limits, as amended from time to time. Sec. 50-504. - Storm drainage and flood risk mitigation utility fund. A separate fund shall be created, as of the effective date, known as the Storm Drainage and Flood Risk Mitigation Utility Fund, for the purpose of identifying and controlling all revenues and expenses attributable to the drainage utility. All drainage charges collected by the city and such other moneys as may be available to the city for the purpose of drainage shall be deposited in the Storm Drainage and Flood Risk Mitigation Utility Fund. Such utility revenues shall be used for the purpose of the creation, operation, planning, engineering, inspection, construction, repair, maintenance, improvement, reconstruction, administration and other reasonable and customary charges associated with the operation of the Storm Drainage and Flood Risk Mitigation Utility for the city. Sec. 50-505. - Drainage benefitted property. It is not required that the revenue from Storm Drainage and Flood Risk Mitigation Utility charges imposed and collected from any property be used specifically to benefit the same property; rather, any revenue collected from Storm Drainage and Flood Risk Mitigation Utility charges may be used for any qualified purpose of the Storm Drainage and Flood Risk Mitigation Utility that is in the best interest of the city. Sec. 50-506. - Administration of the drainage utility. The City Manager or designee shall be responsible for the administration of this ordinance, including, but not limited to, enacting any procedures necessary for the administration of the drainage charges and the consideration of variances, developing maintenance programs, and establishing drainage criteria and standards for operation of the drainage system. Sec. 50-507. - Liability for floods and nonpoint source pollution. Floods from drainage and stormwater runoff may occasionally occur, which exceed the capacity of the drainage system maintained and financed with the drainage charges. In addition, surface water stagnation and pollution arising from nonpoint source runoff may occasionally occur, which exceed the capacity of the drainage system maintained and financed with drainage charges. This ordinance does not imply that properties subject to charges shall always be free from flooding or flood damage, surface water stagnation or nonpoint source pollution or that all flood control and water treatment projects to control the quantity and quality of runoff can be constructed effectively. Nothing whatsoever in this ordinance should be construed as or be deemed to create additional duties, on the part of the city, to hold the city liable for any damages incurred in a Continued on next page


Hays Free Press

Hays Free Press • September 28, 2016


Notice is hereby given that original Letters of Administration for the Estate of Irene Saucedo Tristan, Deceased, were issued on August 31, 2016, in Cause No. 16-0223, pending in Hay County, Texas to: Joel Tristan, 217 Parker Drive, San Marcos, Texas 78666. 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: William T. Burrell Sergi & Associates, P.C. Attorney at Law 329 S Guadalupe San Marcos, TX 78666 DATED the 28th day of September, 2016. William T. Burrell Sergi & Associates, P.C. Attorney for Joel Tristan State Bar No.: 00787173 329 S. Guadalupe St.

San Marcos, TX 78666 Telephone: (512) 392-5010 Facsimile: (512) 392-5042 E-mail:


Morningstar Mini Storage wishes to avail themselves of the Texas Provision of chapter 59 of the Texas Property Code and will conduct a Public Sale to the highest bidder for cash on their premises. This sale is being listed below. The company reserves the right to reject any bid and withdraw any from the sale at any time. This sale is listed below. Date: 10/10/2016 Time: 11 a.m. Location: Morningstar Mini Storage, 1001 W. Goforth Rd., Buda, TX 78610 Units: Unit 1010 – Marrivel Mancias – mattress, luggage, vanity, lawnmower, misc. items Unit 2093 – Sheila Mae Burbage – hope chest, furniture, boxes, misc. household Unit 3064 – Kristeen Garcia – printer, duffel bag, misc.

flood or from adverse water quality, due to drainage runoff. Nothing in this ordinance shall be deemed to waive the city's immunity under State law or reduce the need or necessity for flood insurance. Sec. 50-508. Incorporation of existing facilities. The city may incorporate existing drainage facilities, materials, and supplies into the drainage system. Existing drainage facilities may be in areas on public and/or private property and may include bridges, basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. Sec. 50-509. – Maintenance. (a) Public drainage improvements conveyed by dedication to the city as right-of-way and/or dedicated drainage easements accepted by the city for drainage maintenance shall be under the jurisdiction and maintenance of the city. All drainage improvements which accept stormwater runoff from an area greater than 300-acres shall be considered serving a public purpose and shall be dedicated to the city as right-of-way and/or drainage easement. (b) Private drainage improvements not conveyed by dedication to the city as right-of-way or drainage easement shall be maintained by the user. A maintenance schedule and maintenance plan shall be submitted to the city prior to approval of construction plans. Existing drainage facilities will have 180 calendar days after the effective date of this ordinance to submit a maintenance plan to the city. The city has the right to do periodic inspections of privately owned and maintained drainage improvements to ensure that the maintenance schedule is being implemented. Failure to adhere to a maintenance plan will be a violation of this ordinance. Sec. 50-510. – Access. Employees of the Storm Drainage and Flood Risk Mitigation Utility, established in accordance with Municipal Drainage Utility Systems Act as set forth in Chapter 552, Subchapter C, Texas Local Government Code, shall have access, at all reasonable times, to any benefitted properties served by the drainage utility for inspection, repair or for the enforcement of the provisions of this ordinance. Sec. 50-511 - Storm Drainage and Flood Risk Mitigation Utility charges. (a) A Storm Drainage and Flood Risk Mitigation Utility charge is imposed upon each improved lot or tract for services and facilities provided by the Storm Drainage and Flood Risk Mitigation Utility. For purposes of imposing the Storm Drainage and Flood Risk Mitigation Utility charge, all improved lots or tracts are classified into the following three customer categories: (1) single-family residential property; (2) commercial property; or (3) exempt property. (b) Subject to the provisions of this ordinance, there is hereby imposed on each benefited property within the city jurisdiction, and the owners thereof, a Storm Drainage and Flood Risk Mitigation Utility charge. This charge must be directly related to drainage and the terms of the levy, and any classification of the benefited properties in the city must be nondiscriminatory, equitable, and reasonable. All of the proceeds of this charge are deemed to be in payment for use of the city drainage system. (1) The drainage utility charge established

Page 3D

Texas State-Wide Advertising Network items Unit 3111 – Jennifer Alfaro – TVs, motor scooter, furniture, house décor, boxes, misc. household


On September 21, 2016, Letters Testamentary as Independent Executor for the Estate were issued to James Bligh by the County Court at Law, Hays County, Texas, in Cause Number 16-0085-P, pending upon the Probate Docket of said Court. All persons having claims against the Estate, which is currently being administered, should present those claims within the time prescribed by law to: Jessica M. Warren Attorney for James Bligh, Independent Executor of the Estate of Vaughn Kuyamjian, a/k/a Vahan Kuyamjian The Law Offices of Warren & Lewis 1100 West Avenue Austin, Texas 78701

herein shall be based upon the land use of a benefited property, as follows: (A) improved single family residential lots or parcels of land; and (B) all other improved lots or parcels of land. (2) The initial monthly Storm Drainage and Flood Risk Mitigation Utility Charge will be effective with the adoption of this ordinance. The following fee structure will be applicable and charged on a monthly basis to all non-exempt residential and commercial properties. Thereafter, effective October 1, 2017, the City’s annual budget will include any changes or adjustments to the said fee structure in the Rates, Fees and Charges Schedule. (A) Single-Family Residential Properties: $5.00 per month (B) Commercial Properties: The City will calculate the monthly fee based on the following formula: Monthly Fee = Monthly Base Rate x Impervious Cover (sq. ft.) x Adjustment Factor Monthly Base Rate = $0.0021 per sq. ft. of impervious cover Adjustment Factor = The adjustment factor is unique to each commercial property and is based on the percent of impervious cover. It is calculated using the following formula: (1.5425 x % of impervious cover) + 0.5064 Sec. 50-512. - Determination of impervious area. The City Manager or his/her designee shall be responsible for determining impervious area for commercial property based on data obtained from geographic information systems (GIS) and/or site plans for the location approved by the city. Sec. 50-513. - Responsible parties and billing. (a) Single family residential property. (1) Drainage charges for single family residential property shall be billed with the city's other utility charges and shall be identified separately on the bill as a drainage charge. (2) Payment of the Storm Drainage and Flood Risk Mitigation Utility charge imposed on single family residential property is the responsibility of the person or entity under whose name the utility account is established for the said property. (3) Single family residential properties that have all other city utilities disconnected will not be billed a Storm Drainage and Flood Risk Mitigation Utility charge. (b) Commercial Property. (1) Drainage charges for commercial property shall be billed with the city's other utility charges and shall be identified separately on the bill as a drainage charge. (2) Payment of a Storm Drainage and Flood Risk Mitigation Utility charge imposed on commercial property is the responsibility of the person or entity under whose name the utility account is established for the said property. (3) Commercial properties that have all other city utilities disconnected, the owner of the property shall be responsible for paying the monthly Storm Drainage and Flood Risk Mitigation Utility charge. (c) Delinquent Charges. (1) In addition to any other remedies or penalties provided by law or in this Ordinance, failure to pay the drainage charge shall result in the discontinuance of all utility services, including water, wastewater and trash services, at the location provided by the city and/or placement of a lien against the property. (2) If drainage is the only utility pro-

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vided by the city at a location, utilities provided by other providers may be disconnected pursuant to an interlocal agreement. Sec. 50-514. - Penalties. (a) Criminal Penalty – any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty or fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. (b) Civil Penalty – The City may file suit to recover any charges due hereunder, together with maximum interest, attorney fees and other costs and charges that may be allowed by the Act or other law, which is not paid when due. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation. Sec. 50-515. - Adjustment of charges and appeal process. (a) Any user who disputes the category of land use, size of commercially developed property, or any other factor upon which the drainage charge is based may petition the Building Official or his/her designee, in writing, for a decision on the validity of the requested revision or adjustment of the drainage charge and shall set forth in detail the grounds upon which relief is sought. (b) The property owner shall submit a certified “as-built” survey and/or a foundation survey, at the owner's cost, to assist in determining impervious area. In order to make a determination, additional information may be required, including but not limited to, survey data approved by a Texas registered professional land survey or a detailed development plan approved by the City of Kyle. Failure to provide requested information may result in the denial of the appeal or adjustment request. (c) No request for an appeal will be addressed if the rate per billing unit is the only factor disputed. (d) The adjustment of billing units as part of an appeals process will stand as the user's basis for future billings, whether higher or lower than the original determination, until such time as future changes in land use cover or customer status may warrant further adjustments. (e) A decision shall be rendered in writing within 30 days of the receipt of the written request. Sec. 50-516. - Program responsibility. It shall be the duty of the City Manager or his/her designee to administer the Storm Drainage and Flood Risk Mitigation Utility. The City Manager shall keep an accurate record of all properties benefitted or served by the services and facilities of the Storm Drainage and Flood Risk Mitigation Utility of the city and to make changes in accordance with the rules and charges established in this ordinance. Sec. 50-517. - Drainage utility fund. (a) The Storm Drainage and Flood Risk Mitigation Utility fund may consist of one or more accounts. All Storm Drainage and Flood Risk Mitigation Utility charges shall be deposited, as collected and received, into this fund and shall be used exclusively for the drainage services as stated in the Act, which includes, but is not limited to, the following: (1) operation and maintenance of the Storm Drainage and Flood Risk Mitigation Utility; (2) funding of pollution abatement and peak flow attenuation devices constructed on stormwater systems discharging to the

surface water of the city; (3) administrative costs associated with the management of the Storm Drainage and Flood Risk Mitigation Utility; (4) payment of the debt service requirements on any outstanding drainage revenue bonds, including any fees and expenses incidental thereto; (5) engineering consultant fees. (b) The income derived from the operation of the Storm Drainage and Flood Risk Mitigation Utility must be segregated and completely identifiable from other city accounts. Sec. 50-518. – Exempt properties. (a) The following users shall be exempt from payment of the charges established by this ordinance: (1) Any property to which a mandatory exemption under Section 552.053 of the Local Government Code applies, including without limitation: (A) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system that does not discharge under any storm frequency events or conditions to waterways controlled or maintained by the City; (B) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for maintenance; (C) A subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has been issued, or the City has taken other official action to release the property for occupancy; (2) Any property to which a mandatory exemption under Section 580.003 of the Local Government Code applies or which is exempt under applicable federal law, including without such limitation: (A) A federal or state agency; and (B) A public institution of higher education. (b) Proof of Exemption. If a user asserts their property is exempt pursuant to this section or any other applicable law, such user has the burden to assert such exemption by filing notice of eligibility for such exemption, and sufficient evidence of entitlement to such exemption, using the procedures for appeal provided in Sec. 50-515 above. SECTION 2. SEVERABILITY CLAUSE: If any section, subsection, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be stricken from the ordinance, and such holding shall not affect the validity of the remaining portions thereof. The balance of the ordinance shall be construed as one instrument and as if the offending portion had not been included. SECTION 3. SAVINGS CLAUSE: All ordinances or parts of ordinances, in conflict herewith are to the extent of such conflict hereby repealed. The balance of such ordinance is hereby saved from repeal. SECTION 4. EFFECTIVE DATE: Effective immediately following the publication of this ordinance in the local newspaper as required by Section 51.052 of the Texas Local Government Code, the provisions of this ordinance will apply within the City of Kyle, Texas. PASSED AND ADOPTED this day of XX, 2016. R. Todd Webster, Mayor ATTEST: Jennifer Vetrano, City Secretary APPROVED AS TO LEGAL FORM: Frank J. Garza, City Attorney

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