Oct. 12, 2016 Hays Free Press

OCTOBER 12, 2016 GOOD GOURD

MAKERSPACE

Local pumpkin patches are geared up for the holiday season.

Buda area schools receive grant for educational projects.

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Hays Free Press ©Barton Publications, Inc.

Vol. 120 • No. 29

HaysFreePress.com

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

Local couple sues Buda PD

Duo claims unnecessary use of force during shoplifting investigation SAMANTHA SMITH

news@haysfreepress.com

A Buda couple is set to go to trial Oct. 17 after an altercation with a Buda police office in Walmart two years ago.

Buda couple Juan Martinez, 73, and Guadalupe Martinez, 70, will present their case in federal court against the city of Buda, Walmart Stores Texas, LLC, and Buda Police Officer DeMerriell Young on Oct. 17 for constitutional violations.

The Martinez’s law-

“A big part of our lawsuit is to determine what the appropriate amount of force is.”

–Robert Ranco, attorney for the Martinezes

suit against the superstore giant, the local municipality and the officer from Buda stem from an incident that occurred approximately two years ago. At that time the couple was arrested at the Buda Walmart for separate offenses.

On Oct. 3, 2014, be-

fore 8 p.m. the couple were shopping at the Buda Walmart Superstore in separate motorized carts when they became separated while in the store.

According to the Martinez’s lawsuit petition, Guadalupe was

EXCESSIVE FORCE, 5A

RODRIGO AMAYA

GARY CUTLER GUADALUPE MARTINEZ

JUAN MARTINEZ

The lawsuit filed by Juan and Guadalupe Martinez against the superstore, city and police officer states that the police officer conducting the investigation used excessive force when attempting to remove Mr. Martinez from the room where his wife was being questioned

Candidates for Sheriff differ on jail bond issue SAMANTHA SMITH

news@haysfreepress.com

Hootenanny on the Hill had participants rolling

The gloves came off in Monday’s Hays County Sheriffs race debate as incumbent Gary Cutler and candidate Rodrigo Amaya differed on community policing and the November jail bond.

The debate, which was put on by the League of Women Voters at the San Marcos Activity Center, had both men answer the same four questions from moderator Kaleen Gray. Each had 30 seconds to respond.

On the most pressing issue facing Hays County, Cutler said the crowded conditions in the Hays County jail are of most importance.

Amaya, however, said the unavailability of the current Sheriff and his deputies to handle issues in the county is the issue. He added the problem is what inspired him to run against Cutler.

Both candidates

agreed on the importance of mental health training for officers. But the two men differed on their support of a bond on the November ballot for jail improvements.

Cutler supported the measure, as it could curb the need to outsource Hays County inmates to jails in other counties.

Amaya didn’t support the bond, he believed the county wouldn’t need the bond if inmate capacity were reduced.

“He doesn’t know anything about running a jail,” Cutler said.

Both also disagreed on community policing. Cutler said that his deputies already have a strong presence in the community.

Amaya disagreed with Cutler and continued to support his decision to run for the position based on his perception of the lack of community involvement.

Election Day for Hays County Sheriff is Nov. 8.

PHOTOS BY LINCOLN RAMIREZ

A group of kids bounce and roll around while wearing inflatable soccer balls while on the lawn at the Hootenanny on the Hlll event in the Plum Creek subdivision Saturday. The event featured a carnival, live music and a barbecue cook off. Several started their morning by participating in the Hootenanny Races, featuring a 10K,5K, 3K and 1K run. See more photos on page 6C.

GUERRERO

COMING UP Celebrate Kyle’s birthday with the Kyle Founders Parade down Center Street and cake in City Square Park on Oct. 15 at 10 a.m. This year’s parade theme is “United We Stand.” Keep the festivities rolling with an encore Kyle Market Days immediately after at Historic City Square Park.

The Kyle Fair, Bull Ride & Music Fest

The Kyle Fair, Bull Ride & Music Fest 2016 is a three-day event Oct. 13-15 at Central Texas Speedway. There will be carnival rides, live music and local vendors. Bull riding will be on Oct. 15 only.

ABUSE

Recognizing signs of domestic violence.

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INDEX

Kyle Founders Day Parade

Songwriters Festival

Head to Dripping Springs for a variety of local, national and international songwriting talents as the 2016 Songwriters Festival hits Mercer Street Oct.1416, where more than 40 songwriters will perform on six stages. Performances will be held Friday and Saturday and take place on several stages along Mercer Street, including at the Barber Shop, the Sidecar Tasting Room and Hudson’s on Mercer. All featured showcases at the event are free. See drippingspringssongwritersfestival.com for a schedule and more information.

News …………… 1-6A Opinions …………… 3A Sports …………… 1-2B Education ……… 3-4B Community …… 1-6C

LOPEZ

PEARSON

Drug bust leads to three arrests

BY MOSES LEOS III

news@haysfreepress.com

Three people were booked into the Hays County Jail Oct. 6 after an August search warrant discovered numerous narcotics at their residence, with authorities alleging their intent to sell and distribute them.

Priscilla Lopez, 30, of San Marcos, and Barry Pearson, 26 were booked on six charges, including three felony counts of manufacture, deliver

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

or possess with intent to deliver a controlled substance.

Authorities also booked Louie Guerrero, 25, of Martindale, on three felony counts of manufacture, deliver or possess with intent to deliver a controlled substance, a felony charge of possession of marijana and a violation of parole.

According to a Hays County Sheriff’s Office probable cause affida-

DRUG BUST, 6A

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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.

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NEWS TIPS

If you think it’s news, we probably do too!

• Newsroom phone: 512-268-7862 • E-mail: news@haysfreepress. com • Mail: 113 W. Center Street, Kyle, TX 78640

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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@ haysfreepress.com.

HISTORY

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 • October 12, 2016

Public urination leads to car chase in Kyle

BY MOSES LEOS III

moses@haysfreepress.com

A Kyle man suspected of publicly urinating while waiting in a drive-thru line early Friday was arrested after he fled the scene and led authorities on a chase that at times reached 100 miles per hour.

Cameron Todd Walker, 21, of Kyle, was arrested for driving while intoxicated (DWI) and reckless driving, which are Class B misdemeanors, and evading arrest with a motor vehicle, which is a state jail felony. Walk-

er was booked into the Hays County Jail Friday. Bond has not been set.

Kyle WALKER Police Chief Jeff Barnett said authorities were called to the Whataburger on FM 1626 at 12:20 a.m. Friday for a disorderly conduct call. Barnett said the subject, later identified as Walker, was allegedly urinating in public outside of his vehicle, a

1992 Buick Sentry, while in the drive-thru line.

When officers arrived, they made contact with Walker, who allegedly showed initial signs of intoxication when they approached him, according to a Kyle police report.

Walker, however, got back into his vehicle, shut the driver’s side door and fled the restaurant, heading eastbound on FM 1626.

Barnett said Walker led authorities on a chase that wound down Bebee Road, where Walker blew through a stop sign at the

intersection of Dacy Lane.

The chase continued into the Kensington Trails subdivision, where the Buick hit a for sale sign on Oxford Drive.

The vehicle hit a tree and initially came to a stop on two shrubs at a home in the 100 block of Paddington Drive, Barnett said.

Then, Walker put the car in reverse and continued the chase, which took authorities through several neighborhood streets before coming to a stop in the 200 block of Paddington. During that

time, Barnett said the Buick narrowly missed several parked vehicles and an unmarked police unit helping with the chase.

Once stopped, Barnett said Walker got out and allegedly resisted arrest and struggled with officers.

He said officers at that point tasered Walker and took him into custody.

Barnett said personnel examined Walker at the scene, then police took him to Seton Medical Center Hays for routine observation before he was booked into the jail.

Police urge awareness in ‘creepy clown’ incidents

CORRECTIONS

LETTERS GUIDELINES

NEWS

BY SAMANTHA SMITH

news@haysfreepress.com

Texas State University police are continuing to investigate an assault of a student by a man dressed as a clown that occurred Oct. 3.

The incident is one of many similar reports and sightings of “creepy clowns” that are taking place across the country, which has raised concerns from citizens.

According to the university, the suspect in the Oct. 3 incident grabbed the victim outside of the Bobcat Village apartments, with the victim pulling away and leaving the scene.

The suspect, who is approximately 6’2” with an athletic build, was observed wearing a clown costume that was described as a black-andwhite striped jumpsuit.

The suspect was wearing a green wig and had their face painted white with black around the eyes.

The phenomena has extended to social media, where several school districts, including Hays CISD, have investigated “creepy clown” threats.

According to a report from FOX 7 News, there have been a total of 4 creepy clown sightings in Central Texas as of Oct. 4, including the incident in San Marcos.

Sightings have been reported in Manor, Bastrop and Round Rock, according to the report.

The phenomena has extended to social media, where several school districts, including Hays CISD, have investigated “creepy clown” threats.

Hays CISD officials on Sept. 30 investigated a “creepy clown” incident at Lehman High, which

Candidates reveal campaign expenditures

BY MOSES LEOS III

moses@haysfreepress.com

Political spending is ramping up as candidates in the Buda City Council Place 1 and Place 3 races prepare for the final stretch before the Nov. 8 election.

In the race for the Place 1 seat, candidate John Hatch spent more money on his campaign than candidate Lee Urbanovsky, according to campaign finance reports filed 30 days before election day. Candidate Theo

Chicago is a female 11-year-old shorthair grey and orange tortie. She’s a super awesome gal who would love a calm environment. She loves chin scritches, napping pretty much anywhere, and batting around bottle caps. She’s so easy, you’ll be best buds in no time!

Kosub, who is also running for Place 1, filed for modified reporting.

Hatch, a political strategist with Texas Petition Strategies, spent roughly $1,500 from Aug. 22 to Sept. 29. Of that amount, roughly $1,000 went toward the Buda Area Chamber of Commerce for Fajita Fiesta sponsorship.

He also gathered $1,875 in political contributions during that time frame. Of the contributions, $1,000 was given

was later determined to be a hoax.

But so far, area law enforcement have not experienced or received creepy clown reports in the area.

Buda Police Chief Bo Kidd said there have not been any reports of creepy clown sightings in Buda.

Jeff Barnett, Kyle Police Department chief, said KPD hasn’t received any reports of creepy clowns.

However, Barnett encourages Kyle residents to take the matter seriously.

“If we (KPD) receive reports of any suspicious

behavior we will take appropriate action based on the merit of each call,” Barnett said.

Barnett added that it is not against any state or federal laws to dress in a clown suit and walk around. He said individuals doing so are not in violation of any law unless they engage in physical unwanted contact with someone else, which would be considered assault.

“I want to encourage people to be smart and not put themselves in a position where they could be hurt or where they could hurt others,” Barnett said.

Lt. Dennis Gutierrez, public information officer for the Hays County Sheriff’s Office, said there have been no reports of any creepy clown sightings in Hays County.

Other entities are taking a proactive approach toward addressing the phenomena.

Wimberley ISD Superintendent Dwain York

sent an email to parents on Thursday October 6 reassuring them that there have been no creepy clown threats against the district.

In his letter, York addressed student rumors of creepy clowns and put them to rest.

“To date, WISD has had NO such threats made via phone, letter or any form of social media,” said York in the letter.

York added the safety and security of students is the distric’s top priority. However, he also encourage parents to speak with children if they see or suspect suspicious behavior.

“Whether threats are made against an individual or an entire school campus, such threats are a serious manner,” York said in his letter. He later added, “Threatening schools is a criminal matter, and the police and our district take these situations very seriously.”

NOTICE OF PUBLIC MEETING TO DISCUSS THE HAYS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT’S

State Financial Accountability Rating

CAMPAIGN FINANCES, 4A

Atticus is a male 1 1/2-year-old boxer / pit mull mix who’s hard not to love. He is active, but also a snuggler who can never have enough belly rubs. He loves other dogs and any and all people! Though because of his playful nature and strength, he may do best in a home with older children or teenagers.

PAWS Shelter and Humane Society

is a non-profit, no-kill shelter operated primarily on donations and adoptions.

500 FM 150 E, Kyle, TX • 512 268-1611 • pawsshelter.org

All animals are fully vaccinated, spay/neutered, microchipped and dewormed.

sponsored by

Town & CounTry VeTerinary HospiTal Bill Selman, DVM • Kayley O’Toole, DVM • Devony Arrington, DVM.

Committed to your pet’s health since 1978.

6300 FM 1327 (East of I35 and Creedmoor) Austin, TX 78747

512-385-0486 • www.TownandCountryVetHospital.com

Hays CISD will hold a public meeting beginning at 6:15 pm on October 24, 2016 Jack C. Hays High School Career & Technology Center, 4800 Jack C. Hays Trail, Buda, Texas 78610 The purpose of this meeting is to discuss the Hays Consolidated Independent School District’s Rating on the state’s financial accountability system (FIRST).

Opinion Hays Free Press

QUOTE OF THE WEEK “If you don’t like me then don’t vote for me, if you do like me then vote for me. I’m still going to do my damn job.”

–Constable James Kohler at the League of Women Voters candidates’ debate

October 12, 2016

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Donald Trump: Banana Republic Candidate

D

own in the dark where the demons live, Donald Trump surely knows he’s DOA. So he figures that what the heck, he might as well do his best to exhibit his very worst.

And during the second presidential debate, Trump went full thug. He said that if he wins, he’ll sic a special prosecutor on Hillary Clinton and lock her away. And when Clinton said, “it’s just awfully good that someone with the temperament of Donald Trump is not in charge of the law of our country,” he shot back: “Because you’d be in jail.”

Presumably, we have not become so numb to his demagoguery that we cannot recognize the clear and present danger he poses to our democratic values.

Not surprisingly, his latest debate performance was studded with lowlights. He said that his boasting of sexual assault caught on tape was just “locker room talk,” but I can attest, from personal experience, that locker-room guys pushing 60 don’t talk about assaulting women. They mostly whine that attractive women treat them like they’re invisible. By the way, Trump also said, “Nobody has more respect for women than I do,” and I won’t even bother to parse that one.

Let’s see, what else ...

He said that Clinton has “tremendous hate in her heart,” which is what the shrinks call psychological projection, the need to defend oneself against one’s worst unconscious impulses. He also made all kinds of excuses for Putin, which figures. He also denied that he sent a late-night tweet asking us to “check out sex tape” of a former beauty queen, lying about the very thing we all saw with our own eyes.

Let’s see, what else ...

When a Muslim-American asked Trump, “How will you help people like me deal with the consequences of being labeled as a threat to the country?” he replied that Muslims should stop abetting terrorism. For instance, “In San Bernardino, many people saw the bombs all over the apartment of the two people that killed 14 and wounded many, many people.” Therefore, “Muslims have to report the problems when they see them.”

There’s no evidence whatsoever that Muslims in San Bernadino saw “bombs all over the apartment” and refused to report it.

Let’s see, what else ...

He stonewalled yet again about his tax returns and his income taxes. And he’s not even in sync with his running mate about whether to get tough with Russia. When Trump was told that Mike Pence wants to meet Russian provocations with American strength, he replied: “He and I haven’t spoken, and I disagree.” (Um ...

Guest Column by Dick Polman

News and Sports Editor Moses Leos III

I

reckon I should put my two cents worth about the recent occurrence of a new threat to Americans. No, not the Zika virus or ISIS. Y’all hear about those threats all the time. I’m talking about the frightening clowns who appear all across America scaring the bejeebers out of people. And, no, I’m not talking about our presidential candidates either. I’m discussing those wack-jobs out there who dress up as circus clowns and terrorize innocent children and lots of grown-ups who suffer from bozophobia.

These clowns are plumb evil. Some have actually committed assaults while others just stand around and scare folks.

With all the frightening stuff going on these days, why would some godless, cold-hearted, two-legged polecat want to scare little kids? These clowns can’t be all that smart because some appear in states where half the population is totin’ firearms, and that big red nose makes a fine target.

Personally, I haven’t seen any clown except for one bushy-haired idiot in

From the Crow’s Nest by Clint Younts

a 49ers uniform kneeling during The Star Spangled Banner. I won’t spend much time discussing this ungrateful, hypocritical clown who refuses to acknowledge our national anthem but gladly accepts our national currency. I will say that with his current hairstyle, he’d make a fine toilet brush for the Jolly Green Giant. Enough said!

Okay, back to the other clowns amongst us. I want to assure folks that not all clowns are bad. Most are fun-loving, happy folks who like to look silly and make people laugh. I grew up watching clowns at circuses and on TV. Red Skelton was a comic genius and wasn’t scary one bit. I loved watching rodeo clowns as a kid, and I must admit, I still like seeing them taunting those bulls.

Now, Stephen King created Pennywise in his novel “It”, and that was

one scary clown! The only clown I know who might pose a real danger for us would be Ronald McDonald. His hamburgers and fries have caused millions of Americans to have high cholesterol and heart disease, but he’s not all that scary-looking.

Y’all might be wondering how to distinguish between good clowns and bad clowns. With them all dressing alike, it would be hard to tell the difference, but I, being somewhat a clown myself, can advise all y’all in identifying those evil clowns. Some clues are easier to pick out, but other may be subtle. So, allow me to pass along a bit of clown sense.

Bad clowns will need to run away after committing their crimes, so you won’t see them wearing those huge, floppy shoes that circus clowns wears.

Now, rodeo clowns wear running shoes due to their aversion of having their prostates checked by a Brahman bull. If that clown standing across from the playground doesn’t have cow crap on his Nikes, call the cops.

A good clown carries a

cream pie as a weapon.

Unless you are lactose intolerant, you aren’t apt to be injured from this clown’s assault. Bad clowns carry machetes.

If a clown climbs out of a VW Beetle along with 11 other clowns, he’s probably a good one. If he is standing next to an old van with the rear doors open, don’t go near him.

If the clown is puffing on a balloon to make funny-looking animals, he should be okay. If he’s puffing on a Marlboro, I’d be a little leery of that goober.

Professional clowns proudly apply their own makeup. It’s their trademark. If you see a price tag dangling from a clown mask, he’s a fake.

Now if you see one grabbing women’s crotches as they walk by, that’s no clown. It’s just Donald Trump.

Clint Younts clowns around with his grandchildren, and he walks among his cows. But he wears old cowboy boots with a bit of “dirt” on them. We guess he’s okay. crowsnest78610@gmail.com

LETTERS TO THE EDITOR ELECTRIC RATES ARE WRONG

The electric rates adopted recently by the Pedernales Electric Cooperative, Inc. (PEC) Board of Directors continue to gouge consumers receiving single-phase electric service – over 99% of consumers in the Residential and Farm/ Ranch and Water Well rate classes and over 82% of consumers in the Small Power rate class, as well as consumers receiving electric service directly from overhead distribution lines. Here’s why. The PEC provides two types of electric service – single-phase (one energized distribution wire) and three-phase (three energized distribution wires), and two types of service delivery – overhead and underground.

This creates four service classes and their required investment costs per mile of distribution lines reported in the 2016 cost of service study are: (1) single-phase, overhead at $23,394; (2) single-phase, underground at $72,085; (3) three-phase, overhead at $107,553; and, (4) threephase, underground at $346,629.

The PEC 2016 cost of service study failed deliberately to consider these substantial cost differences and spreads the higher

Dick Polman is the national political columnist at NewsWorks/WHYY in Philadelphia (newsworks.org/polman) and a “Writer in Residence” at the University of Pennsylvania. dickpolman7@gmail.com

Hays Free Press Publisher Cyndy Slovak-Barton

Stop clowning around

Your running mate said that stuff about Russia five nights earlier, tough stuff that contradicts your soft stance, and you didn’t speak to him in all that time?)

But of all the lowlights (and there were many more), his banana republic thuggery ranked highest. Ari Fleischer, who served as George W. Bush’s secretary, who in no way can be considered a fan of Hillary Clinton, said last night: “Winning candidates don’t threaten to put opponents in jail.

Presidents don’t threaten prosecution of individuals. Trump is wrong.”

Trump is worse than wrong. He aspires to be Putin’s Mini-Me, to be a tinpot dictator like Juan Peron. He has no respect for the peaceful transition of power – in part because he is ruled by his vile temperament and his vengeful impulses; in part because he has never spent a day in public service, appointive or elective, and therefore has no clue about the responsible exercise of power.

He goes on national TV, in a debate watched by tens of millions of Americans, and threatens a politically-motived prosecution as if it were normal. Shame on us if we take this as normal.

Most of what Trump said and did last night will be applauded by his wingnut peanut gallery, which has a bottomless thirst for his serial lies and demagogic drivel.

He has a lock on 35 to 40 percent of the electorate – that’s his floor – but his debate performance won’t raise his ceiling. There simply aren’t enough acolytes to comprise a winning majority. Based on what he said and did Sunday night, will tens of millions of new voters suddenly flock to him? Will the dozens of Republican lawmakers who dumped him this weekend suddenly change their minds?

Nah. And now they’re on record demanding that he quit the race.

Imagine that. A month away from election day, and the nominee of a major party is under siege to quit. But hey, I’m glad he’s defiant. For the sake of the democratic values we revere, the best scenario is for this fatally-wounded wildebeest to lumber wildly across the land, bleeding from his wherevers, to the bitter end.

costs of three-phase and underground services among all consumers.

A cost of service study which deliberately fails to consider such substantial cost differences is fraudulent and corrupt, and is incapable of producing electric rates that are fair and equitable. The PEC Board of Directors and Management have been informed of this egregious failure in the 2016 cost of service study, but have shown no desire to address its failure to produce fair and equitable electric rates. When the PEC Board of Directors is questioned about this egregious failure, one is met with a stony silence.

One wonders why the PEC Board of Directors and Management take no action to right this obvious wrong.

Merle L. Moden Wimberley

OPEN LETTER TO COUNCIL

Dear Mayor Purcell and Dripping Springs City Council Members, No one ever said public service was easy. Often, it’s a thankless job that requires tough and sometimes unpopular decisions to be made for the good of the community.

Our city’s wastewater expansion is such an issue.

Please accept a note of

Barton Publications, Inc. News tips: news@haysfreepress.com Opinions: csb@haysfreepress.com

Reporters Samantha Smith, Logan McCullough, Jonathan 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

gratitude for your leadership and willingness to make these tough, but necessary, decisions.

While those in opposition to the proposed expansion have certainly held a louder microphone, there are many of us that stand squarely behind you and your efforts. Your track record on this issue is one of delivering on promises.

You’ve been deliberate in your exploration of wastewater disposal options. We’ve watched you vet these options, land application and discharge, through a variety of lenses – environmental, financial, long-term sustainability. You’ve not rushed the process, nor have you skipped steps. You’ve not shied away from rigorous public dialogue or criticism; and you’ve made your decisions based on science and facts.

We’d like to recognize your efforts in one particular area of this process.

From the very outset, you committed to as much beneficial reuse as possible, minimizing the need to discharge treated effluent, which none of us wants, including this Council. We recognize discharge is always a possibility under certain circumstances, such as periods of prolonged rain, but you’ve

worked tirelessly to secure as many beneficial reuse contracts as possible.

The proposed permit the City is seeking to accommodate our immediate and long-term wastewater needs would allow for the legal discharge of 995,000 gallons-per-day of highly treated effluent into Walnut Springs, a tributary to Onion Creek.

That has never been your intent, however.

You recently signed contracts with Caliterra and Howard Ranch to accept 500,000 gallonsper-day of treated effluent.

Combined with the plans to irrigate city-owned land, you’ve already accounted for approximately 600,000 gallons-per-day, putting a significant and proactive dent into the proposed allowable maximum of 995,000 gallons-per-day.

You’ve been incredibly consistent in your position: Wastewater disposal is not the City’s goal; wastewater reuse is where we’re going, and we’re confident we’ll get there.

On behalf of many of us in the community, thank you for your leadership and perseverance on this critical need. Dripping Springs is very well served by your proactive approach.

Patrick Rose Dripping Springs

113 W. Center St., Kyle, TX 78640 www.haysfreepress.com 512-268-7862

Production Manager David White

Circulation/Classifieds David White

Production Assistant Christine Thorpe

Distribution Gabe Ornelas Tanya Ornelas

NEWS

Page 4A

Hays Free Press • October 12, 2016

Kyle sets service agreement with Anthem

BY RAFAEL MARQUEZ

moses@haysfreepress.com

An agreement between the city of Kyle and developers of the Anthem subdivision will pave the way for utility service to be extended to the development.

Kyle city leaders earlier this month approved an agreement with Mountain City 150, LP to extend water and wastewater services Anthem, which is a 1,900 to 2,200 home development located in Mountain City’s extraterritorial jurisdiction.

The agreement calls for the developer to build, at its own expense, the infrastructure needed to tap into Kyle’s municipal water supply. Mountain City 150, LP will also pay an advance fee to the city of approximately $2 million that the city will use for improvements/ renovations to the city’s wastewater plant.

Anthem residents will be considered “out of city” water and wastewater utility customers and will provide additional revenue to the city’s water utility.

Since Anthem is within

The agreement calls for the developer to build, at their own expense, the infrastructure needed for them to tap into Kyle’s municipal water supply.

Mountain City’s ETJ, it is not subject to the new $5 storm water fee.

Webster said that even if Mountain City decides to annex Anthem, the development would remain a utility customer of the city of Kyle.

It was determined that a regulated water supply

from a municipal provider would be in the best interest of the residents of the subdivision.

“The city of Kyle’s municipal water supply has plenty of available water resources to supply Anthem as soon as they connect to our water system,” Kyle Mayor Todd

Webster said.

The extension of services to Anthem was a result of the city’s attempt to stave off Anthem’s need for water from Houston-based firm Electro Purificaiton (EP).

Anthem, along with Buda and Goforth Special Utility District (SUD), were customers of EP, which sought to drill into what was an unregulated portion of the Trinity Aquifer to obtain water.

The action led to the Hays County water wars, which in turn led to legislation that gave the Barton Springs Edwards

Aquifer Conservation District the ability to regulate previously designated “white zones.”

A meeting among the city of San Marcos, Kyle and Buda, as well as three potential customers of the EP well was held in 2015. During that meeting, Kyle came out as the lead potential provider of water for Anthem.

Buda’s contract with EP dissolved in late 2015, while Goforth is moving ahead with its plans to obtain water from EP, which obtained a permit from the BSEACD in 2016.

Levity rises in Pct. 2 Constable debate

BY SAMANTHA SMITH

news@haysfreepress.com

Monday’s Hays County Precinct 2 Constable debate between incumbent James Kohler and candidate Michael Torres brought the audience to laughter amidst the sincerity of the event.

Both candidates had an opportunity to introduce

themselves before the moderator asked any questions, with Kohler addressing the audience as if the room were filled with old friends.

Kohler said he has been “doing a good job and plans to keep doing a good job” as Pct. 2 Constable.

Torres, during his introduction, disagreed that his opponent was doing the job well and

said it is time for a change that he feels he can bring to the office.

When answering a question regarding improvements to the office, Kohler said he intends to make all departments better within law enforcement Torres said he intends on doing all the Constable’s normal duties of serving legal notices as well as creating a patrol unit

to have a greater visual presence within the community.

On a question about whether or not racial profiling exists in Hays County, Torres answered that he “doesn’t see it in Hays County.”

Kohler said his opponent must be “blind” if he doesn’t see the truth of racial profiling.

Both Kohler and Torres said improved training

and more community involvement was the best way to address issues with officers.

On why they want the Pct. 2 position, Torres said it’s time for a change in the office and he’s the person to do it.

Kohler inspired more laughter from the audience with his closing statement to voters.

“If you don’t like me then don’t vote for me, if

KOHLER

TORRES

you do like me then vote for me. I’m still going to do my damn job,” Kohler said.

Campaign Finances Continued from pg. 1A

by Joe Willie McAllister, founder of McAllister & Associates Real Estate Services. Hatch has $341 left in his war chest.

In a separate filing, more than $3,300 in political expenditures were made by the Friends of John Hatch political action committee (PAC) toward his campaign from Sept. 7 to Sept. 29. The majority of the amount went to printing expenses from A&E Signs and Graphics.

Over $3,600 in total political contributions were taken in by the PAC during the same time frame. The PAC received $1,000 donations from Brint Ryan, chairman and Chief Executive Officer of Ryan, LLC, a tax consulting services company,

and State Representative Richard Pena Raymond.

The PAC has $677 in total political contributions remaining.

Meanwhile, Urbanovsy received roughly $2,200 in political contributions from Aug. 22 to Oct. 11.

Urbanovsky received two $500 donations from Buda resident Jenna Early and Kirby Baird, president of the Austin division at SpawGlass.

Political expenditures for Urbanovsky during the same time frame was reported as $4,128.66.

Roughly half of his expenditures went to printing, advertising and event expenses, which were charged to his wife’s credit card and later reimbursed.

Urbanovsky showed he had $178 left in his war

chest.

In the race for the Place 3 city council seat, incumbent Wiley Hopkins leads the charge in political spending over challenger Jeff Morales, who filed for modified reporting.

Hopkins gathered $535 in political contributions from July 21 to Oct. 7 and currently maintains the same amount in his war chest. JCI Residential, LLC., which developed the Carrington Oaks apartments on Cabela’s Drive, contributed $500 toward Hopkins’ campaign, according to the report.

But during that time, Hopkins spent $1,267 on his campaign, with $1119 going to a printing expense from PrintSignCo. LLC in Austin.

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Hays Free Press • October 12, 2016

Page 5A

Businesses brace for new overtime rule

BY MOSES LEOS III

According to the DOL, roughly 4.2 million workers will have overtime protection as a result of Federal changes are on the updates. Approxithe horizon as updates to mately 56 percent of those the standards regulating overtime pay are slated to employees, or 2.4 million, are women, according to go into effect Dec. 1.

But concern is rising for the DOL website.

In Texas, roughly some as the changes may in turn cause employers to 370,000 workers would be eligible for overtime cut employees in order to protection as a result of meet the new standard. the update, which will also On May 16, President Barack Obama announced affect nonprofit organizations. publication of the DeIn addition, a mechpartment of Labor’s “Final anism was established Rule” updating overtime for updating the salary regulations, according to threshold every three the U.S. Department of years to “ensure that they Labor website.

The regulations increase continue to provide useful and effective tests for the salary threshold for most white-collar workers exemption.”

The DOL estimated to be entitled for overtime employers will spend pay from roughly $23,000 roughly $592.7 million to per year to $47,476 per comply with the new rule, year. The new salary level was set at the 40th percen- according to information tile of earnings of full-time on the Society for Human Resource website. salaried workers in the The new rules, how“lowest-wage Census reever, has led to 21 states, gion,” which is the south.

The total compensation including Texas, to file a lawsuit against the DOL, requirement for highly where they seek a precompensated employees liminary and temporary (HCE) was raised from injunction as they believe $100,000 to $134,000. news@haysfreepress.com

J.R. Gonzales, Buda Area Chamber of Commerce Managing Director, held concerns over the threshold increase, which he said was raised 113 percent “virtually overnight.”

the new rules are unlawful.

In addition, the U.S. Chamber of Commerce, along with more than 50 business groups, filed a separate lawsuit challenging the DOL’s new rule.

J.R. Gonzales, Buda Area Chamber of Commerce Managing Director, is concerned about the threshold increase, which he said was raised 113 percent “virtually overnight.”

His concern extended to businesses that attempt to get employees exempt

from the new overtime laws to the new standard.

He said the result could cost companies money, which could lead to employers cutting hours, potentially turning full-time employees to part time.

While he was hesitant to say the new law could place companies out of business, Gonzales said the burden falls upon businesses, especially small business owners.

He said the new rule would affect the bottom line for some companies.

“(Businesses) have to do more number crunching. Some businesses it may not affect that much, while others it may adversely affect them,” Gonzales said. “It may be two to three years before it stabilizes.”

For Gonzales and Kyle Area Chamber of Commerce CEO Julie Snyder, outreach and educating their members is the focus before the rule goes into effect.

Snyder said the Kyle Chamber has been in contact with the U.S. Chamber of Commerce, which has offered webinars to help employers better educate themselves to the new rule.

In Kyle, Snyder said she hasn’t heard from many

Kyle businesses when the information regarding the rule change came out. She said the few businesses that did call said they believe it didn’t pertain to them.

“I think it’s our job to really get that information out,” Snyder said. “I’m hoping that we can offer a free webinar and to have it here in the Kyle Chamber office, to invite members that it might pertain to.”

But Snyder was uncertain what the impact the new rule could have on businesses. She joined Gonzales on concerns the new rule could lead to employers working around it to possibly save money.

“The most important thing is to educate our members,” Snyder said.

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Who will the overtime rules effect? *Department of Labor for U.S.

TOTAL GENDER Female Male

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Gain new overtime protections or get a raise to the new threshold

Share of currently overtime exempt workers who gain new overtime protections or get a raise to the new threshold

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743,000

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1,683,000

474,000

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Black, non-Hispanic

1,472,000

410,000

28%

White, non-Hispanic

16,891,000

2,983,000

18%

Asian, non-Hispanic

2,084,000

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published on its website on Oct. 6, showing Young asking Juan to “step outside”. Young is heard on the video telling Juan he would either “step outside or I will place you outside, or I will place you under arrest for interfering.”

Young is heard telling Juan to turn around so that he can be handcuffed when Juan yells “stop it, stop it” and starts fighting off Young.

The next scene shows Juan laying on the floor outside the office screaming. Guadalupe can be heard in the background asking about her husband and saying that Young “pushed him.”

According to the lawsuit, “Young intentionally, knowingly, or recklessly

assaulted Juan Martinez by needlessly trying to eject him from a room where his wife was being detained, causing him to break four ribs.”

The couple’s attorney, Robert Ranco with The Carlson Law Firm in Austin, said this case started as a civil one but has escalated to the federal courts because of the alleged constitutional violations.

According to Ranco, if Young had approached Juan as a civilian, not an agent of the law, the case would have remained at the state level.

Ranco said the case involves the couple’s Fourth and Fourteenth Amendment rights. The Fourth Amendment deals

with unlawful search and seizure. The Fourteenth Amendment deals with due process of law and equal protection under the law.

“A big part of our lawsuit is to determine what the appropriate amount of force is,” Ranco said in an interview with the Hays Free Press.

The Hays Free Press reached out to city of Buda officials, but they were unable to comment on an open case.

The Buda Police Department did released an official statement on Oct. 7 regarding the incident.

“The City of Buda is disappointed at … the timing of the filing of the lawsuit … which appears to be a transparent attempt to poison a jury panel in the upcoming case. It (Buda) will not make any further public commentary in response to the story or the mere allegations,” the Buda PD statement reads.

It is unknown if Young is still employed and/ or actively working with Buda PD. The exact time of the Oct. 17 trial has not yet been set.

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According to the lawsuit, “Young intentionally, knowingly, or recklessly assaulted Juan Martinez by needlessly trying to eject him from a room where his wife was being detained, causing him to break four ribs.”

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Excessive Force: Local couple sues Buda PD in a motorized cart with merchandise in the basket looking for her husband when she exited the Walmart.

According to the petition, the Loss Prevention staff at the store escorted Guadalupe to an office where they accused her of theft for approximately $163 of unpaid merchandise in her cart.

Guadalupe’s arrest warrant states that Buda Officer Young arrived on the scene at 7:58 p.m. and was updated by Walmart employees on the situation before meeting Guadalupe.

Juan’s arrest warrant states that after Young was briefed on the situation he went into the Loss Prevention Office to speak with Guadalupe when her husband Juan noticed and followed him inside.

The arrest warrant stated that Young had asked Juan to “step outside” six times before the officer said he would remove Juan from the room.

A body camera video was released to KVUE News showing the altercation between Juan and Young.

The KVUE video was

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Hays Free Press • October 12, 2016

Page 6A

Former NASA director to speak at LBJ Museum of San Marcos STAFF REPORT

was involved in early Air Force manned space The LBJ Museum of activities, including the San Marcos will celebrate Dyna-Soar Program. its 10th Anniversary and In 1976, he was named Fall Lecture Series on Director of Flight OperThursday, October 27, ations, responsible for featuring Dr. George operational planning and W.S. Abbey, Director at management of flight the NASA Johnson Space crew and flight control Center from 1996 to activities for all manned 2001. spaceflight missions. He Abbey is the Senior became Director of the Fellow in Space Policy Flight Crew Operations at the James A. Baker III Directorate in 1983 Institute for Public Policy Abbey was selected at Rice University. as Deputy for OperaPrior to being assigned tions and senior NASA as an Air Force captain to representative to the NASA’s Apollo Program at Synthesis Group in 1990, the Manned Spacecraft which was charged with Center in 1964, Abbey defining strategies for served in the Air Force returning to the moon Research and Developand landing on Mars. ment Command and Dr. Abbey has received

numerous awards, including the NASA Exceptional Service Medal, the NASA Outstanding Leadership Medal and three NASA Distinguished Service Medals. In 1970, he was a member of the operations team presented with the Medal of Freedom, the nation’s highest civilian award, by President Richard Nixon for its role in support of the Apollo 13 Mission.

The LBJ Museum will also recognize President Johnson’s contributions and support to NASA and the Mercury, Gemini and Apollo space programs of the 1960’s with a NASA–sponsored space suit exhibit beginning November 6.

Drug Bust: Three arrested ijuana was located inside an unlocked security safe and inside a bag within a bedroom closet, according to the affidavit.

In the residence, authorities located marijana residue and joint “roaches”.

The cocaine, ecstasy and most of the xanax were alleged to be concealed in Lopez’s and Pearson’s room and within Lopez’s makeup bag.

Lopez said the safe belonged to her and Pearson, but that Guerrero had stayed in the bedroom. All three had access to the safe and bedroom, according to the affidavit.

Once the safe was opened, authorities found Guerrero’s Texas Department of Criminal Justice identification inside and his wallet within a bag that contained a “large portion” of marijana. Guerrero’s parole violation stems from the Texas Department of Criminal Justice.

In the kitchen of the

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vit, members of the Hays County Narcotics Task Force executed a court ordered search and arrest warrant along the 1600 block of Hofheinz Street in San Marcos August 16.

The home according to the affidavit, was the residence of Lopez, Pearson and Guerrero.

Upon executing the warrant, authorities located “distributable amounts” of various drugs. That included approximately 121 grams of marijuana, seven grams of cocaine, 18 pills of ecstasy and 78 pills of Xanax.

Authorities also located a digital scale and numerous plastic bags that they allege as being “items used in the criminal enterprise of illegal narcotics distribution, according to the affidavit. Officers also discovered less than one gram of methamphetamine and approximately 34 grams of THC in the kitchen freezer.

The majority of the mar-

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home, authorities allegedly found an “affirmative link” for Pearson after finding a document they believe was a drug ledger.

The ledger detailed sales of high grade marijuana, cocaine, Xanax and ecstasy.

All of the narcotics that were listed on the “affirmative link,” which was an envelope allegedly addressed to Pearson at the same location, were in the safe.

Authorities also discovered another document that listed what they allege were “high grade marijuana prices.”

The notepad from which the document was found allegedly belonged to Lopez. The document indicated that Lopez would make $600 per month for selling the marijuana plus money received for babysitting.

Pearson is being held on $88,000 bond, while Guerrero is being held on $20,000. Lopez is being held on $30,000 bond.

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Sports

Section B MAKERSPACE

Buda library brings program to area schools.

– Page 3B

@hfprebelsports @hfplobosports

October 12, 2016

Late scoring pushes Rebs past Lobos in annual showdown

BY MOSES LEOS III

news@haysfreepress.com

For roughly half of play Friday, the stars began to align in the Lehman Lobos’ quest to score a win over the Hays Rebels.

But a 28-point Rebel outburst scored during the final 24-plus minutes, spurred by a blocked field goal returned for a touchdown, gave Hays a 35-7 win over Lehman and continued dominance in the series.

With the win, Hays improves to 11-0 over its crosstown rival. For Hays head coach Neal LaHue, “blocking out the noise” of a rough start to the season helped toward the win.

“I’m proud of our kids.

We were 1-5, 0-2 in district,” LaHue said. “There are a lot of people saying things about your team.

I’m proud of the kids blocking out the noise and playing hard to get the win.”

The first half of Friday’s game was a defensive stalemate, as the Lehman and Hays defense ruled the roost.

Lehman’s defense limited Hays’ running back Cade Powell and the Rebel offense to 115 yards in the first 24 minutes.

Powell, who finished with 113 yards on 20 carries and two touchdowns, said the team couldn’t get its pass game going in the first half.

“We kept relying on running the ball,” Powell said. “The defense picked up on it and they started to be there at the right place at the right time.”

But the Rebel defense countered with an equally tough performance, limiting the Lobo offense to 130 yards in the first half.

Lehman head coach Todd Raymond said the Lobos struggled to generate a rhythm on offense, which was a theme during the course of the game. Lehman’s offense was limited to 178 total yards in the contest.

“We knew they were going to blitz and bring pressure. They did some good things,” Raymond said. “We couldn’t maintain. We knew that because they blitzed so much, we had to maintain.”

Hays took a 7-0 lead off of a three-yard touchdown run by Powell in the first quarter. The Lobos countered in the second

PHOTO BY MOSES LEOS III

Hays Rebel senior Hailee Morton crouches down to dig the ball in the fourth set of Tuesday’s district match against the Vandegrift Vipers at Bales Gym.

Lady Rebels lose to Vipers

BY MOSES LEOS III

news@haysfreepress.com

The Hays Rebels volleyball team hosted the state ranked Vandegrift Lady Vipers, who are currently the No. 15 team in the Texas Girls Coaches Association Class 6A poll.

The Rebels caught the Lady Vipers off guard

PHOTO BY NATHAN LATSHA

Hays Rebel wide receiver Connor Musick (88) and Lehman Lobo defensive back Kaleb Priestly (6) both go up at the same time for the football on a play made in Friday’s Hays-Lehman game at Shelton Stadium.

“We kept relying on running the ball ... The defense picked up on it and they started to be there at the right place at the right time.”

–Cade Powell, Hays running back

frame with a momentum changing interception that was returned for a touchdown by defensive back Edward Arana that tied the score at 7-7.

Lehman’s defense maintained momentum following a second interception on the ensuing Hays drive. The Lobos attempted a scoring drive before halftime, leading

to a 45-yard field goal attempt within the final minute.

Hays recaptured momentum right back.

Hays defensive back Nathan Tovar blocked the field goal attempt, which was then scooped up by defensive back Hector Fuentes, who returned the ball for a touchdown.

“A blocked field goal for

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a touchdown is special,” LaHue said. “It gave us momentum.”

Hays seized a 14-7 lead at halftime and didn’t let up from there.

The Rebels’ passing game opened up in the second half, as quarterback Tyler Conley threw for 125 yards in the final two quarters. His success in turn opened up the Rebel run game, allowing Powell and the Rebels to succeed. Powell said the offense began to read the defense and was able to make “all of the right blocks.”

Powell punched in a touchdown run in the

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Central Texas Lobo central midfielder Robert Crisman leaps over a defender’s tackle attempt during a friendly match played at Gregg Clarke Park in August.

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PHOTO BY MOSES LEOS III

CenTex Lobos fall to Twin Cities STAFF REPORT

Three second half goals scored by the Twin Cities Football Club was enough to hold off the Central Texas Lobos 3-1 Saturday in Eagle Pass.

The Lobos and Twin Cities were scoreless after a half of play Saturday, despite an injury suffered by forward Eli Guajardo in the second minute of play.

The Lobos held a 1-0 lead early in the second half following a goal by

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after winning the first set 25-23, but Vandegrift came back to win the final three sets 28-26, 25-13, and 25-23.

The first set was back and forth from both teams. While Vandegrift had more size at the net, it was Hays who dominated that aspect

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CenTex’s lead, however, was short lived as Twin Cities exploited depth issues to tally three goals down the stretch.

The game was the inaugural contest for the Lobos, the newest team in the Texas Professional Soccer League (TPSL), which began operations in Kyle this summer.

The Lobos will host their inaugural home game Saturday, 3:30 p.m. at Gregg Clarke Park.

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Sports

Page 2B

Hays Free Press • October 12, 2016

Lady Rebs knock out Lobos in three sets STAFF REPORT

For the second time this season, a determined Lehman Lady Lobo effort wasn’t enough to stop the Hays Lady Rebels from notching a straight set win. Twelve kills from sophomore Jamie Agnew and ten kills from senior Hailee Morton carried Hays to a 25-7, 25-18, 25-13 victory Friday at Bales Gym. Morton and senior Ashley Slovak tallied seven digs in the match, while senior Mackenzie Coates finished with 31 assists. Junior Kaitlyn Krafka had eight aces in the match.

PHOTO BY NATHAN LATSHA

Rebels best Leander, fall to Vipers to close season The Hays High tennis team hosted the Leander Lions Monday as they opened the 25-6A district team tennis tournament at the Debbie Cook Tennis Courts. The Rebels knocked the Lions out of contention by defeating Leander 10-2 in the first match of tournament play. With the win, Hays advanced to the second round later in the day, where it traveled to play against the defending Class 5A state runner-up Vandegrift Vipers. But Hays couldn’t maintain the momentum and fell to Vandegrift 10-0 to close out the fall schedule.

Right: A Hays Rebel tennis player readies to volley the ball back over the net during the first round of the 25-6A team tennis tournament against Leander at the Debbie Cook Tennis Center.. *Information gathered via haysrebels.com

PHOTO BY MOSES LEOS III

A group of Hays Rebel volleyball supporters wave, or in some cases, wear, pink noodles during “Pink Out” night for breast cancer awareness Tuesday.

Hays Volleyball Continued from pg. 1B PHOTO BY MOSES LEOS III

Football

Continued from pg. 1B third quarter to give Hays a 21-7 lead.

“The offensive line worked hard for me, they’re always the key behind the run game,” Powell said. “I can’t do any of the running without them.”

But for the Lobos, inconsistency, mixed with self-inflicted wounds, led to continued issues.

Lehman struggled to maintain composure, as the team had 80 yards in penalties on the night.

Lehman defensive back Kaleb Priestly said the team did “everything our coaches told us to do” in the first half, which included not letting emotions get the better of them.

“In the second half, we started getting angry and we let our emotions flare out and it didn’t work out as we had planned,” Priestly said.

Hays capitalized in the fourth quarter, as

Conley and wide receiver Marquis Howard connected twice for score.

Conley opened the fourth quarter with a 62-yard touchdown pass to Howard. The two connected again later in the quarter to expand Hays’ lead to 35-7.

For Raymond and the Lobos, taking care of the little things, such as limiting penalites, must occur as they ready for a tough stretch to close the season. Lehman hosts district leader Lake Travis Friday.

Hays, which travels to play at Leander Friday, hopes to ride the momentum as the team seeks a playoff berth.

“The win gives us a lot of confidence and momentum in the next game,” Powell said. “And it gives us bragging rights against our rivals for another, and confidence for next year when we play them again.”

PHOTO BY NATHAN LATSHA

Lehman Lobo Kaleb Priestly (right) avoids a tackle attempt made by Hays Rebel Tyler Lewis Friday at Shelton Stadium.

in the set. Hays’ Kaitlyn Krafka had seven of her team-high 20 kills in the first set.

Rebel sophomores Jamie Agnew and Catherine Croft played strong at the net, earning several kills in the first set win.

Vandegrift’s Ryan Palmieri had four blocks in the first set for the Lady Vipers, and Simone Priebe had two of her team-high 15 kills, as well as an ace.

Hays jumped out to an early lead in the second set behind Krafka and fellow outside hitter Hailee Morton.

Mackenzie Coates, who was pivotal in getting her big hitters the ball, finished with a matchhigh 41 assists.

Even when Vandegrift closed the gap, Rebel Kacie Hall was there with a big block to capture momentum back for the Lady Rebels.

Hall had a match-high six blocks.

Hall helped Hays jump out to a 15-10 lead. But the Lady Vipers stormed back to tie the set at 20.

The set continued its nail-biting pace, as both teams were knotted at

26-26. But Vandegrift won two tough points in a row to win a thrilling second set 28-26.

Momentum then shifted the Lady Vipers’ way, allowing Vandegrift to dominate the third set to take an 18-3 lead.

Krafka had several kills to rally, but Hays dropped the third set.

Vandegrift carried that momentum into the fourth set, as they took an early 8-0 lead before Hays got on the scoreboard.

Through the play of Croft, Agnew and Hall, Hays rallied to reestablish momentum and orchestrated an 11-4 run.

Hays took its first lead of the fourth set at 21-20 after a Hall block, followed by a kill from Krafka. The Rebels’ lead expanded to 2220 before Vandegrift responded back.

Vandegrift went on a four-point run to take a 24-20 lead. Hays made one last attempt at a rally, but fell short.

With just four games left in the season, Hays will look to bounce back at Leander on Friday in hopes of making the playoffs.

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Education

GOOD GOURDS

Pumpkin patches spring up at area churches.

– Page 1C

Hays Free Press • October 12, 2016

Page 3B

Students, get your creative hats on!

Buda Library’s makerspace to tour area schools giving hands-on educational experiences for projects

STAFF REPORT

tions,” said Caitlin Foley, Buda Public Library Grant funds awarded Youth Coordinator, said to the Buda Public in a statement.

Library have allowed for The pop up makerthe creation of a “Do it space will be maintained yourself” space where by library staff and ropeople invent, explore tated at Dahlstrom, Barand create. ton McCormick Middle Accordschools and ing to a press Hays High release, the School.

Buda library “The access received students will roughly have to this $14,000 in makerspace grant funds and resources from the U.S. will allow Institute of participants Museum to create soluand Library tions, generServices and ate content, the Texas and share State Library information and Archives with each Commission other,” Foley for the cresaid. “We are ation of a pop very excited up makerto begin this space. project and The space get this provides a makerspace “hands-on rolling.” educational Dahlstrom experience” Middle by utilizing School li–Caitlin Foley, a variety of brarian Ana Buda Public Library Youth tools and Garcia said Coordinator materials. the makerThe pop up space will makerspace serve a need is scheduled to begin of providing “high-qualtraveling to several Buda ity STEM programming area Hays CISD schools for Buda middle school in November. students.”

“This is a very exciting “Makerspaces are opportunity for the Buda a wonderful way to Public Library and the incorporate this type of Buda community. This programming, and this program will provide op- grant will allow our stuportunities for particidents to access materipants in middle school als that they otherwise and high school to unwould not have,” said leash their creativity and Garcia. interact with technology Materials for the to create real life solumakerspace are expected

“We are very excited to begin this project and get this makerspace rolling.”

COURTESY PHOTO.

Buda Public Library Youth Coordinator Caitlin Foley models the Pop-Up Makerspace that will tour area Hays CISD campuses starting in November. More materials will be added to the makerspace in the future.

to arrive by the end of this month. They include circuits, Arduino kits, 3D pens, Raspberry Pis, robot starter kits, littleBits, and a button maker.

Celina McGee, Hays High librarian, said the makerspace project supports many skills taught in math,

science and career and technology classes using “engaging, hands-on activities.”

“Student familiarity and confidence in these subject areas will follow them as they prepare for colleges and careers outside Hays CISD,” McGee

© 2016 by Vicki Whiting, Editor Jeff Schinkel, Graphics Vol. 32, No. 46

Sonoma, Calif. – Students in the Leadership Class of Altimira Middle School in Sonoma have joined their local Rotary Club to help rid the world of polio.

“Polio is a disease that cripples people. Some people die from it,” said Erin, a 7th grader.

The students organize Purple Pinky Days at their own school and at the five elementary schools in their district.

Last spring, the students raised about $3,500 in small, one dollar donations during Purple Pinky Days. The Bill and Melinda Gates Foundation donates $2 for every dollar raised – so their $3,500 grew into a $10,500 donation.

Purple Pinky Days raise more than money – they also raise awareness about polio and how the disease can be eliminated with a simple vaccine.

Replace the missing words.

Use the code to find out what seventh grade Purple Pinky Days organizer, Nadia, tells other kids:

provide students various opportunities to explore options associated with the makerspace.

“There is a very high interest in the STEM arena and this program that the library plans to bring to Barton Middle School will be extremely popular,” Eubank said.

Rotarians have a short test with only four questions. (Rotarians call this The Four Way Test.)

Rotarians ask themselves these four questions about everything they say or do.

Defeating a Disease

In 1988 when Rotary’s Global Polio Eradication effort began, there were 350,000 case of polio each year – about 1,000 cases a day.

To find out how many cases there have been so far this year, color the spaces with two dots purple.

Standards Link: Reading Comprehension: Follow simple written directions.

How do the students raise ________ with their Purple Pinky Days project? By having fun!

On Purple Pinky Day everyone is encouraged to _______ in purple clothing.

At the lunch break, students in the Leadership Class set up a table where kids can _______ one dollar and get their pinky dyed ______.

“We dye pinkies purple because when a child is _______________ at a Rotary vaccination event, the child’s pinky is colored purple to ________ that he or she has been vaccinated,” said Jack, a 7th grader.

How many differences can you find between these two pictures?

said. “Participating in makerspace activities allows students to develop critical thinking and problem solving skills in a practical manner.”

Barton Middle School librarian Teri Eubank said she was excited about the possibility of having the Buda library

Some kids like to get more than one finger dyed.

They pay $1.00 for each finger they want dipped into dye. “Some kids even dye their toes!” Jack added.

After dipping a finger (or two or three or more) into the purple dye, each student ________ into a box and pulls out an ice pop. If a person gets a purple ice pop, they can reach in and get another one.

DONATIONS PINKIES DOLLAR PURPLE FINGER ROTARY POLIO MONEY DRESS LOCAL SMALL WORLD HELP RING DYE

W H G E R E G N I F

If everyone asked themselves these four questions before they said or did something, how would it make the world a better place?

O L N P L E Y P L R R I

I P L M I D I O

L N R A L N A R T T

D U C L K E A P Y A P O L I O L H O E R

L L E L L A M S N Y I S N O I T A N O D

O N D R E S S O M W

Homophones

The words ate and eight sound the same but have different meanings and spellings. They are homophones. Look through the newspaper and see if you can find more homophones.

Circle every other letter to find out the Rotary slogan.

Standards Link: Research: Use the newspaper to locate information.

Rotary is a global network of volunteers.

Find out if you have a Rotary Club in your community. Ask if they will send someone to speak to your class about their efforts to end polio. www.rotary.org

Instead of counting on your fingers, look through the newspaper and count the number of fingers you can find. Which finger is shown the most? Pinky?

Pointer? Middle?

Ring? Thumb?

Standards Link: Research: Use the newspaper to locate information.

Why tell the truth?

Tell about a time you were tempted to lie but had the courage to tell the truth.

Discuss with a parent what you think this phrase means.

EDUCATION

Page 4B

Hays Free Press • October 12, 2016

The happier network is here.

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Joined by 2015 Hays Homecoming King and Queen Jaime Siffuentes (far left) and Katie RamirezPortillo (far right), Ryan Peed and Brianna Vasquez (center) celebrate after they were named the 2016 Homecoming King and Queen during homecoming festivities Friday. The Hays Rebels defeated the Lehman Lobos 35-7 Friday at Shelton Stadium.

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Friday, 10/14 – Ribbon Cutting @ noon with Kyle CoC Saturday, 10/15 – Radio Remote PHOTO BY JIM CULLEN

Three Rebs named NMS Commended

Three members of the Hays High class of 2016 have been announced as Commended Students in the 2017 National Merit Scholarship Program. HHS Principal David Pierce released the news that seniors Madilynn Thomason, Kurt Johnson and Joshua Opelt had earned the honor, and presented each with the framed Letter of Commendation from the school and National Merit Scholarship Corporation, which conducts the program. Left to right are Principal David Pierce, honorees Madilynn Thomason, Kurt Johnson, Joshua Opelt and HHS Counselor Jana Krueger.

Madilynn, Kurt, and Josh are among about 34,000 Commended Students throughout the nation who are being recognized for their exceptional promise. Commended Students placed among the top five percent of more than 1.6 million students who entered the 2017 competition by taking the 2015 Preliminary SAT/National Merit Scholarship Qualifying Test.

GREAT PRIMARY CARE.

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ONLINE SCHEDULING?

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WELCOME NEW DOCTORS! PEDIATRIC SPECIALTY SERVICES Seton Northwest Medical Office Building 11111 Research Blvd., Suite 220 • Austin, TX 78759

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, SetonER.com is for mini-emergencies only. If you’re experiencing a major emergency, get to the ER ASAP or dial 9-1-1.

Amber Fenton, MD Pediatric Opthalmology

Hays Medical Office Office Building 1 1180 Seton Pkwy., Suite 200 • Kyle, TX 78640

Call 512-324-6755 CHILDREN’S EAR, NOSE AND THROAT CENTER 3705 Medical Pkwy., Suite 200 • Austin, TX 78705

James J. Attra, MD Pediatric Otolaryngology

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Call 512-324-0098 Sheri Ravenscroft, MD Developmental Pediatrics

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Section C

Community

JEALOUSY

Women’s center urges watching for signs of abuse.

– Page 4C

Pow Wow Hays Free Press

HaysFreePress.com

October 12, 2016 • Page 1C

at the Sacred Springs

Another Night Out in Mt. City Mt. City Montage

by Pauline Tom

What a story we live in, living in Mountain City.

“A little slice of paradise” is what some say.

With the people, pets, and nature, every week there’s something interesting. Here we live!

Last week’s Neighbors Night Out on the lawn of Beth and Everett Smith (they’ve hosted the event every year, starting with all those years when the event was held in August) brought together neighbors with the local law enforcement and fire fighters. The Smith’s provided ice cream treats.

Thanks, Smiths!

••• About mid-week, a big black “cow” (shorthorn bull) started showing up on lawns in the Live Oak Drive cul-de-sac.

He came and went. On the day he sauntered up the middle of the street towards Maple, RonTom shooed him back towards where he belongs.

•••

Native dancers from across Texas gathered at the Sacred Springs at the Meadows Center in San Marcos Saturday. This annual celebration of the Native American culture has been part of the San Marcos area for thousands of years. There were intertribal dances as well as Native American arts and food.

PHOTOS BY LINCOLN RAMIREZ

Local churches sprout pumpkin patches

BY JONATHAN GONZALEZ news@haysfreepress.com

PHOTO BY DAVID WHITE

Above, Madeleine Johnson helps sell pumpkins and gourds on behalf of the Buda United Methodist Church. Johnson, dressed as Hermione Granger from the Harry Potter series, has also made up games for children that visit the patch.

As the fall season arrives, so also are the various pumpkin patches being established at local churches in surrounding areas.

The Buda United Methodist Church (BUMC) is currently hosting a pumpkin patch where visitors can come through and pick out their own pumpkin amongst the hundreds available. The pumpkins are sold throughout the day from 10 a.m. to dusk.

“We start during the last week of September, and typically, go on through to the last week of October, or until the pumpkins run out.” said Dickson De la Haye of BUMC, who is also referred to as the “Grand Pumpkin” for organizing the event.

De la Haye, along with

other United Methodist members, oversees the events, which he states has a big turnout with locals and visitors passing through town.

“I’d say about half of the people that come through here have never visited us before,” said De la Haye. “But the other cool thing is that there are those that have made it a tradition to come see us and buy pumpkins and take pictures.”

Shipments of pumpkins for the church are provided through Pumpkin Patch Fundraisers USA, a non-profit organization that operates out of New Mexico where the pumpkins are grown on a Navajo Indian reservation in Farmington, New Mexico. He said the church has received two shipments of pumpkins, which will last them through October.

PUMPKINS, 4C

Along about Thursday, the bovine being took a liking to our spineless cactus.

After several days, some tried calling the Mayor. Back in the days when Beth Smith was mayor, she was the “Know Everything and Do Everything” person. No matter what happened, she knew what to do.

She’d “take the bull by the horns.”

Now, in this day and age, when her daughter Tiffany is mayor, the city has an interlocal agreement with the county for “animal control.” Animal Control is closed on weekends, so a deputy came out on Sunday. He planned to drive back along Indian Hills Drive.

About that time, Salli Wilson (who lives on Maple, directly backing up to ranchland) returned home and phoned with the number of “her” rancher.

Between the deputy and the rancher, for this story, there’s anecdotal evidence a fence got mended.

••• What we saw on Monday were small “white” butterflies flowing along our network of whitetopped frostweed. Aided by my iPhone camera and the (out of print) Texas Monthly “Field Guide to Butterflies of Texas” (Raymond W. Neck), Ron identified the lovelies, “Amymone” (Mestra amymone). It’s a resident to Central America to the southern U.S., as far north as Austin. These butterflies occasionally migrate “to Kansas, even Minnesota.”

It’s actually very pale gray on the top side with a brown-orange border.

MONTAGE, 4C

COMMUNITY

Page 2C

Promoter turns tiny college into pigskin power

T

he Oct. 16, 1939 issue of “Life” This Week magazine featured in Texas a two-page spread on the Rattlers of St. Mary’s and History the surprising prediction by Bartee Haile that the tiny Catholic college was “well on its talk most colleges into way to becoming a major bringing their squads football power.” to the Alamo City, the Those startling words Rattlers hit the highway were music to the ears of John Clark “Mose” Simms, in search of games. They traveled in a double-deckthe colorful promoter er bus he bought on credit whose publicity stunts from Greyhound, painted had made the team the blue and gold and christalk of Texas and the tened the “Blue Goose.” entire nation. But the Stenciled on the side was controversial hustler was “St. Mary’s University, San fast wearing out his welAntonio, Texas. Where come at the San Antonio the sunshine spends the school. winter.”

Simms was eating Staying on the road lunch in a café west of for weeks at a time, the Fort Worth in 1934, when Rattlers put an average of he read a newspaper ar10,000 miles an autumn ticle about St. Mary’s plan on the “Blue Goose.” They to revive its football proplayed as many as 15 gram mothballed three games a season and three years earlier. He hopped in one week in such far in his car and drove flung locales as Montreal, straight to San Antonio, Chicago, where he cut New York, an unusual San Francisdeal with Six games co, Cincinthe Marianinto the 1941 nati, Baltiist priests in and charge of the schedule, St. more Washington, small uniMary’s did D.C. versity with After a mere 412 something Bridges students. that and the In exMarianist change for would be fathers had tuition, unthinkable a falling-out books in January and living on most 1939, Simms quarters for himself the playcollege guided the ers, Simms campuses Rattlers to offered to provide St. today. They their biggest victory. Later Mary’s with abruptly that year, football they made and basketdropped the long trip ball teams football to the West and pay all Coast for expenses of altogether. the season the athletic opener with department to boot. His sole compen- highly ranked San Francisco University. sation would come from Beaten by the Dons on ticket sales. three previous occasions, Simms would insist Simms resorted to oldthat most of the gate refashioned trickery. “Mose ceipts were spent on food wanted us to look bad in for the ravenous jocks front of the San Francisco and that he ultimately press,” Sandig recalled wound up $40,000 in the nearly half a century later, red. “They ate us out of “so in the days leading up business,” a former asto the game, we practiced sistant quipped in a 1965 in a public park wearing interview. raggedy old uniforms.”

Simms specialized in The puzzled players also giving other colleges’ rejects a second chance at obeyed his orders to “drop passes and fumble.” gridiron glory. One gamEveryone, including a ble that paid off big-time was a 150-pound running wire-service reporter, was snookered by the charade. back named Curtis San“The Rattlers stumbled dig, who had flunked out over each other’s feet, got of Baylor. Recruited by Simms in a domino parlor tangled in their own legs, tried to catch passes with in his hometown of Mart, their heads and ran plays Sandig was the star of the 1940 team rushing for 770 in which nobody packed the ball – the center havyards and accounting for ing snapped it back into 121 points, third highest space.” in the land.

But from the opening Doug Locke was even kickoff to the final gun, better. The two-time Asthe Rattlers clicked on all sociated Press All-American tallied 26 touchdowns cylinders. They dominated the dumbfounded and a total of 160 points Dons and went home to lead all college scorers with a one-point triumph. in 1937.

By 1941, the Marianists Even though Simms had grown tired of Simms’ had played ball at four shenanigans. There was different colleges and too much truth in his braspent some time on a zen boast that the Rattlers high-school sideline, he were professionals, and had the good sense to far too many of his playhire an experienced head ers had never seen the coach. Frank Bridges, inside of a classroom. winner of two Southwest The president anConference championnounced in April that the ships at Baylor in the university had severed all 1920s, soon whipped ties with Mose Simms in Simms’ retreads into order to take “full control shape. The Rattlers came within a whisker of upset- of the details of its athletic program.” The ousted ting Catholic University, showman groused, “I’m destined for the Orange out but I still own the Bowl, in a 1935 nail-biter. athletic department and Simms did not miss a it’s for sale.” trick, when it came to atSix games into the 1941 tracting attention. Ignoring the fact that St. Mary’s schedule, St. Mary’s did something that would official colors were blue be unthinkable on most and gold, he designed college campuses today. a red, white and blue They abruptly dropped uniform with a sprinkling football altogether. of stars. A reporter took one look at the gaudy Bartee welcomes your costumes and wrote, “The comments and questions uniforms of the Texans at barteehaile@gmail. are as shocking as the photographs of the Cleve- com or Bartee Haile, P.O. Box 152, Friendswood, TX land torso murders.”

77549.

Since Simms could not

Hays Free Press • October 12, 2016

OBITUARY ODELL When a blind date leads to a happy marriage of 41 years, 3 children and 9 grandchildren; it was meant to be.

Hal Dwayne Odell was born in Buda, Texas in January 28, 1944 and lived the early part of his life here. After graduating high school, he moved to the “big city,” Austin. Hal was a union carpenter before learning his woodworking trade and opening his own cabinet shop. He had a great reputation and builders and homeowners loved working with Hal. He never left a job until the homeowner was happy.

Hal and Adeline were married July 14, 1975. They were known for always thinking alike, being on the same page, having the same goals and working

together to achieve them.

Adeline loved Hal and loved taking care of him.

Taking care of Hal was so natural to Adeline, which he never took for granted.

They still called each other ‘sweetheart’ and ‘babe.’

She would sing ‘I know someone who loves you!’ to which he would smile and reply ‘Who me?’ The family grew up watching how a great marriage should be. Dad took care of Mom and Mom took care of Dad. Hal was a ‘jack of all trades,’ master of all. He loved fishing, genealogy, history and Republican politics. Hal was known for making the best chicken and dumplings and Sunday morning breakfast. When his Grandchildren were asked what we should tell everyone about Papa they said, “he was strong, loved coffee, ice cream and candy and Papa loved to fish.” Papa could do it all. He could

build you anything and fix everything. Hal built his and Adeline’s dream home in 2011. He put so much time, sweat and love into the house. They worked hard for all they had and took pride in their accomplishments together. They spent many hours on their front porch, drinking coffee, playing with their dog, Bandit, and just spending time together.

Hal’s time on Earth was cut too short. He was the toughest, strongest, kindest man we ever knew.

He led by example and he left this earth in the same manner that he led his life; as a man of honor, dignity and integrity. Hal passed October 8, 2016. Surrounded by his family, he was hugged and kissed and loved on. We played Mom and Dad’s songs, watched football (he loved the Longhorns,) told stories and shared memories.

Hal is survived by his loving wife, Adeline. His

children Lisa Klingemann and husband Buster, Jeff Odell and Julie Gibbs and husband Dane. Grandchildren, Alana, Colton, Ethan, Korban, Tristan, Callan, Trevor, Cash and Chance.

His brother Claude (Cowboy) and his family.

Hal was preceded in death by his parents Claude E. and Myrtle Saunders Odell. Sisters Nancy and Geneva. Best friend Delby Glass.

The family would like to thank the nurses and doctors at Seton Hays ICU for the compassionate way they cared for Hal. Visitation: Friday, October 14th 6:00-8:00pm Harrell Funeral Home, Kyle, Texas. Funeral services will be held at 1:00 PM on Saturday October 15 at Harrell Funeral Home in Kyle, Texas. Procession to follow to Live Oak Cemetery. Celebration of Life to follow at the Odell Residence. 110 Montgomery Ct. Buda, 78610.

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Texas Crossword and Sudoku sponsored by

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See Solution on 3C

See Solution on 3C

Hays Free Press • October 12, 2016

COMMUNITY

Page 3C

Sudoku Solution

Sudoku Puzzle, from page 2C

Texas Crossword Solution

SUBMITTED BY NELSON SMITH

Take a book, leave a book

Texas Crossword, from page 2C

On Oct. 8, the Oak Forest National Night Out Board of Directors opened the first Little Free Library in the Buda area. Little Free Libraries are located all over the United States. The motto for the libraries is “Take a book, Leave a book.” The library is available to everyone. Alice and Nelson Smith are the sponsors of this library in Oak Forest.

Come worship with us

BUDA

DRUG STORE

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

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

NON-DENOMINATIONAL

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 JEHOVAH’S WITNESSES

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

Kingdom Hall of Jehovah’s Witnesses FM 2770, Kyle

Kingdom United Christian Church 100 Madison Way, Buda

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

Rosebrock

Primera Mision Bautista Mexicana Kyle

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

2325 FM 967 • 312-0701

Baptist Church of Driftwood 13540 FM 150 W.

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

Veterinary Clinic

CATHOLIC

Log onto www.HaysFreePress.com

St. Michael’s Catholic Church S. Old Spanish Trail, Uhland

NEWS • LETTERS • OBITS CALENDAR • PHOTO GALLERY CLASSIFIEDS • SUBSCRIBE

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

afountain.org 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

FREE DELIVERY 1ST 20 GAL. FREE

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

PRESBYTERIAN

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 paper@haysfreepress.com.

 

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

Baptist Church

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

COME WORSHIP WITH US! Sunday

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 • santacruzcc.org 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 www.BudaUMC.org

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

METHODIST

Buda United Methodist Church

CENTEX MATERIALS LLC

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

CHURCH OF CHRIST

Southern Hills Church of Christ 3740 FM 967, Buda

A FOUNTAIN OF LIFE

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

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

Wednesday 

www.hayshills.org 1401 N. FM 1626



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

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

Highway 21, Uhland

Pastor: Rev. David Goeke 210-635-8584 • www.stjohnlcmsuhland.org 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 www.firstbaptistbuda.com • fbcbuda@austin.rr.com



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

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 jelshoff@earthlink.net 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.

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Hays Free Press • October 12, 2016

Unhealthy jealousy?

Recognizing the early signs of domestic violence

BY MELISSA RODRIGUEZ

news@haysfreepress.com

I

t’s not unusual to hear people say, “if he (or she) REALLY loves you, they want you all to themselves.”

But what starts as a special feeling of undivided attention can sometimes lead to a form of possessive jealousy that can lead to verbal, psychological, sexual and/or physical abuse.

In fact, after a recent workshop with young females ranging from late elementary age to early high school age, there was a marked attitude shift when asked whether or not jealousy is a healthy or unhealthy trait in a relationship.

The younger aged participants all agreed that it was a potential red flag while the older participants mostly agreed that it was “sweet” and that it “means that they really like you.”

Descriptions of what it means to be in an unhealthy or healthy relationship are quite varied, but one thing is for certain – we need to have more discussion about the topic.

One example of unhealthy jealousy leading to something more serious is stalking. With today’s advances in technology, stalking can be accomplished in ways most of us cannot even imagine.

Veronica Medina, the Hays Caldwell Women’s Center (HCWC) shelter legal advocate, has encountered an increased number of technology

stalking cases in the McAnother form of stalkwhere children can be Coy Family Shelter. ing that can continue the used to gain information “It’s more common psychological and emoabout the other parent than one would think. tional damage is when and can leave children Abusers often use techa relationship involves feeling confused and nology on smart phones shared custody of chilscared. to not only locate their dren HCWC provides free victims, but also to conand confidential emertact them by using phone gency shelter, counseling applications designed and advocacy services to call using anonyto women, men and mous phone numbers,” children who are victims Medina said. “Another of abuse. tool used is creating fake Individual counseling social media profiles to can help identify abucontact their victims, sive behavior patterns sometimes despite proand help victims further tective orders to not explore options as have contact.” well as learn ways In 2015, 158 women Stalking both to create healthy were murdered by a in the traditional relationships in the male intimate partner. sense of being future. followed and haThere are rassed physically also ways that To date, this and technology anyone can beis the largest stalking can come involved number of create a sense and help end domestic violence of fear, makdomestic viofatalities recorded ing victims lence in our in Texas in a single feel like they community. year. Locally, the cannot be It can be Hays-Caldwell Women’s Center has been serving safe anyas simple victims of domestic and where. as joining dating violence, sexual Kate HCWC in assault and child abuse since Foreman, spreading 1978. Last year, HCWC served HCWC’s education 1,743 victims of abuse (faceshelter resident and awareness to-face) from Hays and Caldwell counselor, often about abuse by County. 952 of those were victims works with shelfollowing us on of domestic violence. ter residents on social media these psychoand sharing logical effects. educational She recountcontent with ed a recent situyour friends by ation where “(my) client using the handle: @HCtold me her abuser broke WCenter on Facebook, into her home while she Twitter or Instagram or wasn’t there and left obby subscribing to our vious signs that someone email list. had been there.

You can also visit our “These intimidation new educational website techniques made her www.StopTheHurt.org feel like her abuser could for more education on enter her life at any given abuse issues. For more moment, which caused information services, her to develop feelings of please call HCWC at anxiety and fear,” Fore(512) 396-3404 or visit man said. www.hcwc.org

This article is part one of a four-week series focusing on raising awareness about domestic violence.

October is Domestic Violence Awareness month and we hope to educate our community on this very serious issue. According to the Hays Caldwell Women’s Center, 1 in 3 women will experience domestic violence in their lifetime.

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ESTATE SALE - LOG HOMES PAY THE BALANCE OWED ONLY!!!

AMERICAN LOG HOMES IS ASSISTING FINAL RELEASE OF ESTATE & ACCOUNT SETTLEMENT ON HOUSES.

1)Model # 101 Carolina $40,840…BALANCE OWED $17,000 2)Model # 303 Little Rock $38,525…BALANCE OWED $15,000

Pumpkins

3)Model # 403 Augusta $42,450…BALANCE OWED $16,500

“In the past, we’ve had setbacks that stall shipments, but this year we have about 5,000 pumpkins for sale,” De la Haye said.

The agreement between Buda United Methodist and Pumpkin Patch provides BUMC it shipments of pumpkins at no charge up-front, which is the same deal they offer everyone. Pumpkin Patch also provides a price line that helps determine the prices for which the individual pumpkins can be sold, although prices are not binding to the list.

De la Haye said the patch has some that are as small as a softball, to those that are much larger. He said a majority of the pumpkins sold are the size of a basketball.

After the event is finished, BUMC will then tally up sales and have a 60-40 split of the revenue with Pumpkin Patch with BUMC receiving the 40 percent.

With that 40 percent, Buda will cover its expenses, which include decorations, hay bales, porta-potties, amongst other things that come out to “less than five hundred dollars.”

The remaining funds then are divided among church groups such as the United Methodist Men’s Group, who add the funds to its budget

NEW - HOMES HAVE NOT BEEN MANUFACTURED

Continued from pg. 1C • Make any plan design changes you desire!

• Comes with Complete Building Blueprints & Construction Manual • Windows, Doors, and Roofing not included • NO TIME LIMIT FOR DELIVERY! BBB A+ Rating

PEC Power of Change

PHOTO COURTESY OF PUMPKIN PATCH FUNDRAISERS USA

Where do all those pumpkins come from?

Some local churches, including Buda United Methodist and Kyle Methodist, get their pumpkins every year from Pumpkin Patch Fundraisers USA, a farm cultivated by workers from the Navajo Nation in New Mexico. In cooperation with the Navajo, the farm grows 1,200 acres, or approximately 2 square miles of pumpkins and employs over 700 Native Americans during its harvest months of September and October.

to help sponsor scholarships, Eagle Scouts projects, and mission trips.

“We’ve gotten so much

They also have a full time off-season staff that is comprised of entirely Native Americans. This has a positive and lasting impact on a region with 42% unemployment.

The farm services over 1,000 organizations covering the Continental US, representing 25 denominations of churches and youth groups, scouts, schools, fraternal organizations, habitat groups and other civic organizations.

support from the community, and help from everyone around here.

It’s been a blessing and

we’re really pleased with the outcome this event always has.” said De la Haye.

Montage

Continued from pg. 2C The bottom side, totally different to the point we wondered if I was photographing the same species, is orange with brown-rimmed white spots.

This butterfly has a 27-day life cycle. The caterpillar is lime green with horns that turn orange.

Right here in Mountain City. Be on the lookout.

••• Saturday’s Fire & Ice festival had neither fire (salsa) nor ice (ice cream) competitors. (Penny Moulder’s son graciously supplied Blue Bell.) This year’s unique trophies

will be retrofitted for 2017. The new neighbors on the corner of Mountain City Drive and Pecan plan to enter salsa next year. Hope you’ll enter, too!

Fire and Ice did have fun, food (thanks, Roland!), music (thanks, Island Texas!), about four

vendors, and friendly conversations.

••• What’s happening for next week’s Montage?

You tell me, please. ptom5678@gmail.com (subject: TIDBIT) or 512 268 5678. Thanks! Love, Pauline

Together, our change can change lives.

Help make a difference in our community by opting in to the Power of Change program.

By simply rounding up electric bills to the nearest dollar, we can make a significant impact on eligible area nonprofits.

Visit pec.coop/PowerofChange.

BEST BETS

Hays Free Press • October 12, 2016

COMMUNITY

Page 5C

Classes, meetings and local events can be found on the calendar at haysfreepress.com. Email event submissions to christine@haysfreepress.com.

Julia Pierpont book readings

Kyle Founders Day Parade

Celebrate Kyle’s birthday with the Kyle Founders Parade down Center Street and cake in City Square Park on Oct. 15 at 10 a.m. Keep the festivities rolling with an encore Kyle Market Days immediately after at Historic City Square Park.

Julia Pierpont is the author of the debut novel “Among the Ten Thousand Things.” She is a graduate of Barnard College and the M.F.A. program at N.Y.U., where she was a Rona Jaffe Graduate Fellow and a Stein Fellow. Her writing has appeared in such places as The New York Times Book Review, Guernica, and Blunderbuss. Julia works at The New Yorker and teaches creative writing at Catapult and Electric Literature. Pierpont will hold readings and book signings at Texas State University on Thursday, Oct. 14 at 3:30 p.m. and the Katherine Anne Porter Literary Center on Friday, Oct. 14 at 7:30 p.m.

Kyle Fair & Music Fest

The Kyle Fair, Bull Ride & Music Fest 2016 is a three-day event Oct. 13-15 at Central Texas Speedway. There will be carnival rides, live music and local vendors. Bull riding will be on Oct. 15 only. See a full schedule of events online at www.centraltexasspeedway.com/events.

Peter and the Starcatcher The Hays High School theater production of Peter and the Starcatcher will debut at the Burdine Johnson Theatre from Oct. 13-16 starting at 7 p.m. each night, except for the the 16, which will start at 2 p.m. Ticket prices are $10 for adults, and $5 for students/seniors/children. Tickets can purchased online at hayslegacyplayers.com or at the door.

Songwriters Festival

Head to Dripping Springs for a variety of local, national and international songwriting talents as the 2016 Songwriters Festival hits Mercer Street Oct.14-16, where more than 40 songwriters will perform on six stages.

Performances will be held Friday and Saturday and take place on several stages along Mercer Street, including at the Barber Shop, the Sidecar Tasting Room and Hudson’s on Mercer. All featured showcases at the event are free. See drippingspringssongwritersfestival. com for a schedule and more information.

Buda Beer and Polka Fest

Kyle hogwash Hogwash festival kyle

On Oct. 22, Buda City Park will be the Gregg-Clarke epicenter of Texas accordion Oct. swill22 Park21 in Kyle CRAFT FERAL HOG music with the return of the LONE STAR GreGg-Clarke BEER be smokin’ on EDUCATION BBQ SOCIETY GARDEN Buda Beer and Polka Fest. The Park Oct. 21-22 as the in kyle SANCTIONED CRAFTS festival will bring together CARNIVAL COOK-OFF city rolls out the & Oct. 21 different genres of Texas HOG CALLING FAMILY FUN Kyle Hogwash • Carnival from 3 pm to 11 pm CONTEST music that feature the Festival &Carnival BBQ • Cook-off and top accordion players Cook-off.

This in22 in the state. Headlining Oct. augural fall event • All activities noon-11 p.m. on Saturday night will • Carnival is free to attend. featuring be the Texas Tornados • Cook-off Kyle Hogwash will incorporate educational outreach • CookinG Georges featuring original on feral hogs, but the emphasis is onthe family fun and DemOnstrations members Augie • little PigGy Pen celebration of the city. The festival includes a barbecue kids’ Zone, sPonsored Meyers and six-time by cook-off, Cory Pack a carnival, cooking demonstrations, live mustate farm grammy winner, sic, food, kids activities -and vendors. Patrons can also • free admission Flaco Jimenez. The take part in gamesmidnight such asriver the Choir hog-calling contest and • family fun Fest will feature local the Hammerschlagen. The cook-off and carnival begin craft beers as well as other at 3 p.m. on Friday, Oct. 21, and continue along with kylehogwash.cOm Texas favorites. all other events from noon to 11 p.m. on Saturday.

Fall Festival and Pumpkin Patch

On Saturday, Oct. 15 from 10 a.m. to 1 p.m., come out to Kyle Uited Methodist Church for this free community event featuring free games, food and more. The Blood and Tissue Center of Central Texas will be available with the Bloodmobile to take blood donations from 10:30 a.m. to 2 p.m. The pumpkin patch will be open daily from Oct. 9-31.

Oktoberfest

Enjoy country fun in Creedmoor on Saturday, Oct. 15 at the Creedmoor Community Center, 12511 FM 1625, Creedmoor, TX 78610. The festival includes a pancake breakfast at 8 a.m., a parade at 9 a.m., wildlife tours of Texas Disposal System Ranch, craft and food vendors, a petting zoo and pony rides, live auction at 2 p.m., displays of Star Flight and emergency service vehicles, BBQ Cook-Off all day, and much more! Free admission and free parking.

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Page 6C

COMMUNITY

Hays Free Press • October 12, 2016

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Having a hoot on the hill

Locals flocked to Haupt Park and the Fairway Fields in Plum Creek Saturday to celebrate the annual Hootenanny on the Hill event, which was presented by the Plum Creek Homeowners Association. The event featured a carnival, live music and a barbecue cook off. Several started their morning by participating in the Hootenanny Races, featuring a 10K,5K, 3K and 1K run. (See more photos online at www.

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Hays Free Press

October 12, 2016 • Page 1D

Blended family estate planning

M

Employment

ost of us need to do some type of Financial estate planning, Focus but it’s especially imporHANDY PERSON NEEDED tant if you are part of a by Janet Ross Need a handy person to help stain fence, trim trees, build a “blended” family.

And deck, spray weed killer and other small jobs around property. the best time to start is Good pay and flexible hours. Must be good with doing outnow – before these plans you great freedom to side work, reliable and does the work right the first time. Call need to be implemented. determine how, and Raymond, 512-563-9696. when, you want your Estate planning can assets distributed. After be complex, so you will you pass away, the trust, need help from a qualiOur Buda Branch is looking for a DIRECT CARE COUNSELORS if structured propfied legal professional. erly, can provide your Provide positive role modeling, structure, and But here are a few general suggestions that can surviving spouse with supervision to adolescent boys. No exp. required, income for life; then, be suitable for blended We train comprehensively. Pay starting at $10 Download application at www.falconbank.com after your spouse dies, families: per hour for flexible 8 & 16 hr shift schedules. or mail your application/resume to: your children from an Update beneficiary Health/life/dental insurance after 60 days. Min. earlier marriage would Falcon International Bank designations – and requirements: Must be 21 yrs old, HS/GED, clean receive the remainder of think about multiple P.O. Box 489 TDL, clean criminal history, pre-employment TB the trust. beneficiaries. Update Buda, TX 78610 So far, so good. Howskin test, and drug screen. Growing (20+ year old) the beneficiary designaever, issues can arise if tions on your retirement non-profit organization. www.pegasusschool.net.

For more information call (512) 295-1200 you name your surviving accounts and insurance Call (512)432-1678 for further information.

EOE/AAE/FDIC spouse or one of your policies to reflect the children as the “succesreality of your blended sor trustee” who will family. These designatake charge of the trust tions can supersede the Caregiving upon your passing. Your instructions you prospouse, acting as succesvided in your will. So if DAY CARE SERVICES sor trustee, could choose your will states that your Trusted Child Day Care in to invest only in bonds current spouse should my home. Reasonable Rate for income, but if he or inherit your assets, but $425 monthly. Call Joan, Count on me. you had named your for- she lives another 20 or 512-785-1635. mer spouse, or a child, as so years, the value of the investments within the the primary beneficiary Temporary Positions IN AUSTIN! A PLACE FOR MOM trust will probably have of an IRA, then your The nation's largest sediminished considerformer spouse or your nior living referral service.

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Marcos, TX 78666. FireSOCIAL SECURITY Public Notice Consider a prenuptial Create a living trust for only $8 for 20 arms,1981 Airstream Excella, LAKESIDE CROSSING agreement. When it’s DISABILITY BENEFITS – and consider a profesAntiques, Power and Hand words or less.

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Public Notices CITATION BY PUBLICATION

The State of Texas, County of Hays Cause No. 16-1746 To: Unknown Father NOTICE TO RESPONDENT: YOU HAVE BEEN SUED. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. of the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you.

The petition of Ismenia Milagro GravesGonzales and Joseline Carolina Rosales-Graves, Petitioner(s), was filed in the 207th District Court of Hays County, Texas on August 23, 2016 and is numbered 16-1746 on the docket of said court, and entitled IN THE INTEREST OF JAROL ANTONIO ROSALESGRAVES, A CHILD. THE NATURE OF SAID SUIT IS A REQUEST TO issue citation and notice as required by law and that the court make orders for conservatorship of, possession of, and access to the child and naming Petitioner joint managing conservator of said child all as more fully appears in the petition on file in this suit.

The date and place of birth of the child(ren) who is(are) the subject of the suit.

JAROL ANTONIO ROSALES-GRAVES; born in HAYS COUNTY; on JANUARY 12, 2014 The court has authority in this suit to enter any judgement or decree in the children's interest which will be binding

upon you, including the termination of the parentchild relationship, the determination of paternity, and the appointment of a conservator with authority to consent to the children's adoption.

Issued and given under my hand and seal of said court at San Marcos, Texas on this the 29th day of September, 2016.

Requested by: Michael Shulman Attorney at Law 608 South Guadalupe Street San Marcos, TX 78666 BEVERLY CRUMLEY HAYS COUNTY DISTRICT CLERK 712 S. STAGECOACH TRAIL, STE. 2211 SAN MARCOS, TEXAS 78666 BY: CHRISTINA CORDERO, DEPUTY

REQUEST FOR PROPOSALS Hays CISD is Requesting Proposals for RFP #25101701MS Local Tax Roll Audit. Proposals will be accepted until 10-26-16 at 2:00 p.m. local time.

Specifications are available in the HCISD Purchasing Office (512-268-2141 ext 6035) between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday or on the Public Purchase web site (www.publicpurchase. com). Responses must be delivered to the HCISD Purchasing department 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.

NOTICE OF PUBLIC SALE/ AUCTION

Tom Thumb mini storage LLC pursuant to the revised civil statutes of Texas 5238B, shall conduct a public sale of the contents of the Storage Rooms listed below in San Marcos, Texas. Telephone (512)396-3434 on the date shown to satisfy a landlord’s lien. All successful bidders shall take possession and remove the contents of the room immediately.

Tom Thumb mini storage LLC reserves the right to reject any bids and to withdraw any items from such sale.

Date: October 29th, 2016 Time: 9:00 a.m.

LOCATION: 1006 Hwy 80, San Marcos, TX. HOUSEHOLD GOODS TO BE SOLD 2-119 RITA SALAZAR 1-214 LAJOYA SATBERRY 1-240 DANIEL STYLES 2-123 BIANCA REYES 2-162 DIANA RODRIGUEZ 3-148 GRISELDA VASQUEZ 4-6 CHRISTINA RODREGUEZ 4-22 FORREST FULKERSON 5-15B MAGDALEN ALMAGUER 5-16C MICHAEL HORTON 5-19D JOE SEPULVEDA 5-33C MICHELLE CONTRERAS 7-8 CHRIS VEASQUEZ 7-13 JUDY CALDERN 7-39 MARY MARTINEZ 7-94 NATHAN JOHNSON

CITY OF KYLE ORDINANCES

The City Council of the City of Kyle will consider adopting the following ordinances on second reading on October 18, 2016 at Kyle City Hall,

INTERESTED PERSONS, THAT:

The City of Kyle shall hold a public hearing on a 100 W. Center Street, at 7:00 request by BioLife Plasma Services, tenant, p.m.: Public Notice Kyle Partners, owner, on An Ordinance amending representing SCC Notice of Public Hearing the Code of Ordinances of the property located at Seton Parkway for a Board906 of Adjustment City of Kyle, Texas; amending Chapter 53 (“Zoning”), Article variance to Chapter 53, Section 33(n)(3) I (“In General”), Section 53-5 NOTICE IS HEREBY GIVEN TO Parking, of thePERSONS, City ofTHAT: Kyle Code of (“Definitions”); and Article Maximum ALL INTERESTED II (“Zoning Districts and Ordinances.

Regulations”), Section 53-33 The City of Kyle shall hold a public hearing on (I) (“Impervious Coverage”); a request by BioLife Plasma Services, tenant, amending Chart 2 and The public hearing will be held the Board of Associated Notes representing SCC Kyle Partners, owner, by on property An Ordinance amending located at 906 Seton Parkway for a variance to Adjustment on Wednesday, NovemberChapter 2, 2016, at the Code of Ordinances of the 53, Section 33(n)(3) Maximum Parking, of the City of City of Kyle, Texas; amending 6:30 P.M. Kyle Code of Ordinances.

Chapter 53 (“Zoning”), Article V (“Landscaping and Screening Requirement”) The public hearing will be held by the Board of AdjustAn Ordinance of the City All interested persons are encouraged to attend the ment on Wednesday, November 2, 2016, at 6:30 P.M. of Kyle, Texas, amending public hearing and express their opinions on the the City of Kyle, TX Code of Ordinances; amending Article variance request.persons are encouraged to attend the All interested II. Water and Waste Water public hearing and express their opinions on the System Generally Section variance request.

50-29, to add an exception to Kyle Council Chambers recover construction costs of utility lines Kyle CouncilSt., Chambers 100 W. Center Kyle, Texas R. Todd Webster 100 W. Center St., Kyle, Texas Mayor

CITY OF KYLE PUBLIC NOTICE TEXAS CAPITAL FUND PROGRAM

The City of Kyle is giving notice of the City’s intent to submit a Texas Community Development Block Grant Program grant application for a Texas Capital Fund grant request of $975,631 for sanitary sewer improvements to be located in the southeast portion of the City of Kyle. The application is available for review at the Kyle City Hall during regular business hours. Para obtener una copia en espanol, comuníquese con Jennifer Vetrano, City Secretary al 512-262-3981.

PUBLIC NOTICES, 2D

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Hays Free Press

Page 2D

Hays Free Press • October 12, 2016

Public Notices NOTICE TO BIDDERS

Sealed proposals addressed to Hays Shadow Creek Development, Inc. (“OWNER”) on behalf of North Hays Municipal Utility District No. 1 (“DISTRICT”) for furnishing all labor, materials, equipment, and performing all work required for the construction of SHADOW CREEK PHASE 8, SECTION 2 – WATER, WASTEWATER, & DRAINAGE IMPROVEMENTS will be received at the office of Texas Engineering Solutions, LLC (“ENGINEER”) at 3815 S. Capital of TX Hwy, Suite 300, Austin, TX 78704 until Tuesday, October 25th, 2016 at 2:00pm. Bids will be opened publicly and read aloud. Any proposal received after the closing time will be returned unopened.

Proposals shall be plainly marked with name and address of the BIDDER and the following words: PROPOSAL FOR SHADOW CREEK PHASE

8 SECTION 2 – WATER, WASTEWATER, & DRAINAGE IMPROVEMENTS The SHADOW CREEK PHASE 8 SECTION 2 – WATER, WASTEWATER, & DRAINAGE IMPROVEMENTS proposal includes approximately: 13,955 SY right of way preparation; 2,098 LF of 18”- 30” Class III RCP storm sewer with inlets, manholes and all associated appurtenances; 2,477 LF of 8” PVC water line with fire hydrants, valves and all associated appurtenances; 2,325 LF of 8” PVC wastewater line with manholes and all associated appurtenances. All work must conform to State of Texas, County of Hays and North Hays Municipal Utility District No. 1 rules and criteria.

Copies of the Specifications and Bidding Documents may be examined or obtained from the ENGINEER on or after Wednesday, October

5th, 2016. They will be on file at the office of Texas Engineering Solutions at 3815 S. Capital of TX Hwy, Suite 300, Austin, TX 78704, where they may be examined without charge, or they are available electronically upon request. For electronic copies of the plans and contract documents please e-mail ccarlton@txengs.com.

A Cashier’s Check, Certified Check or acceptable Bidder’s Bond, payable to Hays Shadow Creek Development, Inc. in an amount not less than five percent (5%) of the Bid must accompany each bid as a guarantee that, if awarded the Contract, The BIDDER will enter into a contract and execute bonds within ten (10) days of award of the Contract.

Performance and Payment Bonds shall also be executed on the forms furnished by the OWNER and shall specifically provide for “Performance” and for “Labor and Materials

Payment”. Each bond shall be issued in an amount of one hundred percent (100%) of contract price by a solvent Surety company, authorized to do business in the State of Texas and acceptable to the OWNER. The OWNER reserves the right to reject any and all bids to waive any and all technicalities and formalities in bidding. The OWNER reserves the right to determine which bids are most advantageous to the OWNER and the DISTRICT, and to award the Contract on this basis. No bid may be withdrawn for a period of forty-five (45) days after opening of the bids. If a submitted bid is withdrawn within said period, bid guaranty shall become the property of the OWNER, not as penalty, but as liquidated damages, or OWNER may pursue any other action allowed by law. A pre-bid conference will be held on

Thursday, October 13th, 2016 at 2:00pm at the offices of the Engineer (Texas Engineering Solutions) at 3815 S. Capital of TX Hwy, Suite 300, Austin, TX 78704. While the pre-bid conference is not mandatory, prospective bidders are strongly encouraged to attend, as well as visit the site before or after the meeting.

NOTICE TO CREDITORS

Notice is hereby given that original Letters Testamentary for the Estate of DAN WESLEY STAMPER, Deceased, were issued on October 3, 2016, in Docket No. 16-0292-P, pending in the County Court at Law of Hays County, Texas, to: PAMELA L. STAMPER The residence of the Independent Executrix is in Dripping Springs, Hays County, Texas. Address claims in care of the representative, PAMELA L. STAMPER, Independent Executrix. The post office

address to which claims may be presented, is: c/o PAMELA L. STAMPER, Independent Executrix 401 Autumn Lane Dripping Springs, Texas 78620 All persons having claims against this Estate which is currently being administered are required to present them within the time and in the manner prescribed by law.

Address claims in care of PAMELA L. STAMPER, Independent Executrix.

DATED the 7th day of October, 2016.

Respectfully submitted, SCANIO & SCANIO A Professional Corporation BY: /s/ Vincent J. Scanio, Jr. VINCENT J. SCANIO, JR. 144 E. San Antonio Street San Marcos, Texas 78666 Tel: (512) 396 2016 Fax: (512) 353-2984 State Bar No. 17702500 ATTORNEYS FOR PAMELA L. STAMPER

Public Notices 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

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

(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-

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 flood or from adverse water quality, due to drainage runoff. Nothing in this ordinance

Hays Free Press

Hays Free Press • October 12, 2016

Page 3D

Planning

Public Notices NOTICE TO CREDITORS

Notice is hereby given that original Letters Testamentary for the Estate of BEULAH WRIGHT HAHS, Deceased, were issued on September 13, 2016, in Cause No. 16-0240-P, pending in the County Court at Law No. _____, Hays County, Texas, to: CHRYSTIE HAHS THRASHER. 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: CHRYSTIE HAHS THRASHER 439-B Sailmaster Lakeway, Texas 78734 DATED the 5TH day of October, 2016. /s/ Bruce Thrasher Bruce Thrasher Attorney for CHRYSTIE HAHS THRASHER State Bar No.: 19998400 1927 Lohmans Crossing Ste 103 Lakeway, Texas 78734 Telephone: (512) 2635141 Facsimile: (512) 263-5142 E-mail: brucethrasherlaw@gmail. com

NOTICE OF APPLICATION TO SUBDIVIDE

An application has been filed with HAYS COUNTY to subdivide 16.0 Acres of property located at along Mathias Road, Kyle, Tx 78620.

Information regarding the application may be obtained from Hays County Development Services (512) 393-2150. Tracking number: SUB-680.

NOTICE TO CREDITORS

Notice is hereby given that original Letters Testamentary for the Estate of ROBERT L. DOTY, Deceased, were issued on October 3, 2016, in Docket No. 16-0277-P, pending in the County Court at Law of Hays County, Texas, to: EVA C. DOTY The residence of the Independent Executrix is in San Marcos, Hays County, Texas. Address claims in care of the representative, EVA C. DOTY, Independent Executrix. The post office address to which claims may be presented, is: c/o EVA C. DOTY, Independent Executrix 103 Manor Park San Marcos, Texas 78666 All persons having

claims against this Estate which is currently being administered are required to present them within the time and in the manner prescribed by law.

Address claims in care of EVA C. DOTY, Independent Executrix DATED the 5th day of October, 2016.

Respectfully submitted, SCANIO & SCANIO A Professional Corporation BY: /s/ Vincent J. Scanio, Jr. VINCENT J. SCANIO, JR. 144 E. San Antonio Street San Marcos, Texas 78666 Tel: (512) 396 2016 Fax: (512) 353-2984 Email: scanios@ centurylink.net State Bar No. 17702500 ATTORNEYS FOR EVA C. DOTY

NOTICE OF PUBLIC SALE

Chapter 59 of the Texas Property Code hereby gives notice of public sale under said act to wit: This sale will be held on October 25, 2016 at 11:45 AM. Safe-n-Sound Self Storage is located at 1602 Goforth Road, Kyle, Texas 78640. The property in the storage unit(s) listed under tenant’s name is being sold

to satisfy a landlord’s lien.

The property contents of all storage unit(s) sold at this sale are purchased “as is” “where is” for CASH/ CREDIT. Safe-n-Sound Self Storage reserves the right to refuse any bid or to cancel any public sale advertised. Announcement made the day of the sale takes precedence over any printed materials.

Auctioneer: Chad Larson # 17344 Sandra Perry 10x10 – Household Misc. Items Arnold Garcia 7.5x10 – Washer, Dryer & Misc. Items Lisa Meditz 3 - 10x30s – Full of Car Parts

NOTICE OF PUBLIC SALE

Notice of Intent to sell property to satisfy landlord’s lien. Sale to be held at online at www. storagetreasures.com by competitive bid.

Anytime Storage at 880 Windy Hill Rd., Kyle, TX 78640 On November 5, 2016 at 11 a.m. Amount secured by lien: $504.75 Lienholder payment requested. If amount due not paid in full before 31st day after publication of this notice property may be sold at public auction.

Property includes the contents of self-storage space of the following tenant: Sandy Samis MAZDA Various Models.

Cars with No Record at DMV Vins: SPA136121457; SA22C571825

NOTICE OF PUBLIC SALE Of property to satisfy a landlord’s lien.

Sale to be held online at Storagetreasures.com by competitive bid.

Anytime Storage, LLC 880 Windy Hill Rd. Kyle, TX 78640 Will be ending on or after October 21, 2016 at 11 a.m.

Cleanup deposit is required. Seller reserves the right to withdraw the property at any time before the sale.

Unit items sold for cash to the highest bidder.

All Units have some miscellaneous household items and furniture.

Property includes the contents of spaces of the following tenant (s).

LISA FOX- clothes, boxes, BRANDON BUSCHA kids 4 wheelers, boxes & totes, crafts

Continued from pg. 1D among members of a blended family. If you and your new spouse have agreed to keep your assets separate so that each of you can pass an inheritance to your own children, you need to spell out that separation in your “prenup,” your will, your living trust and any other relevant estate-planning arrangements.

Above all else, share your estate-planning intentions with members of your blended family. You may not be able to satisfy everyone, but through open communications, you can help prevent bad feelings – and unpleasant surprises.

This article was written

by Edward Jones for use by your local Edward Jones Financial Advisor.

Edward Jones, its employees and financial advisors are not estate planners and cannot provide tax or legal advice.

You should consult your estate-planning or qualified tax advisor regarding your situation.

Public Notices 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 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 provided 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

Hays Free Press

Page 4D

Hays Free Press • October 12, 2016

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