Hays County€¦ · 11/07/2017 · Commissioners Court –July 11, 2017 NOTICE OF A MEETING OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS This Notice is posted pursuant to …

Commissioners Court –July 11, 2017 NOTICE OF A MEETING OF THE

COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 11th day of July, 2017, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects:

CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL

PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a Public

Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.

CONSENT ITEMS The following may be acted upon in one motion.

A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 1 4 Approve payments of county invoices. VILLARREAL-ALONZO 2 5-13 Approve Commissioners Court Minutes of June 27, 2017. COBB/GONZALEZ

3 14-20 Authorize the County judge to execute 2nd Amendments to the existing leases between Hays County and the City of San Marcos for the Women, Infants and Children ("WIC") Program offices located at 150 Lockhart Street in Kyle and 401C Broadway in San Marcos. COBB/INGALSBE

4 21 Authorize Commercial OSSF Permit at 1020 Pier Branch Rd, Dripping Springs, TX 78620. WHISENANTS/MCINNIS

5 22-41 Approve Utility Permits. COBB/BORCHERDING

6 42 Amend the Department of State Health Services (DSHS) Ebola grant for Emergency Preparedness conference expenses approved by the granting agency. COBB/GARZA

7 43 Amend the Juvenile Probation Operating and Texas Juvenile Justice Department (TJJD) grant budgets for continuing education expenses. COBB/WILLIAMS

8 44-54 Approve the April-May 2017 Treasurer's Reports and Investment Reports. COBB/TUTTLE

9 55 Approve out of state travel for the County Auditor related to the upcoming bond sale in New York. COBB/VILLARREAL-ALONZO

10 56 Accept the monthly financial report for fiscal year to date through May 31, 2017 as presented by the office of the County Auditor. COBB/VILLARREAL-ALONZO

11 57 Authorize the Constable Precinct 5 Office to purchase a replacement mobile radio and vehicle graphics for the new patrol vehicle and amend the budget accordingly. JONES/ELLEN

12 58-62 Authorize the Emergency Services and Grants Administration departments to post the updated draft of the Hays County Hazard Mitigation Plan to the Hays County website for public review and comment. COBB/SMITH/HAUFF

13 63 Release of subdivision fiscal surety bonds as identified by the Hays County Transportation Department. COBB/BORCHERDING

14 64-70 Authorize the County Judge to execute the Second Amendment to the Agreement between Hays County and Turner Construction Company (the Construction Manager at Risk). INGALSBE/CONLEY

15 71-93 Authorize the County Judge to execute a Statement of Work (SOW) and updated Quotes with Taser, International for deployment and installation of the Axon In-Car Camera Products for County law enforcement vehicles. COBB

ACTION ITEMS

SUBDIVISIONS

16 94-95 SUB-776 Cavallo Park Subdivision (1 Lot). Discussion and possible action to approve preliminary plan. WHISENANT/PACHECO

17 96-98 SUB-764 Abigail Meadows Subdivision (8 Lots). Discussion and possible action to approve preliminary plan. JONES/PACHECO

MISCELLANEOUS

18 99-108 Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Mariah and Ariana Rehmet for production services related to the 2015 Memorial Day Flood Documentary and amend the budget accordingly. COBB/JOHNSON

19 109-110 Discussion and possible action to consider naming two private driveways in Precinct 3, Emma Ellis Way and Gwendolyns Trl. CONLEY/GARZA

20 111-121 Discussion and possible action to authorize the County Judge to execute an affiliation agreement between Hays County and Rollins Brook Community Hospital. COBB

21 122-127 Discuss and possible action to approve the appointment of Tom Richey to replace Doyle Krumrey as a member of Emergency Services District #3. CONLEY

22 128-187

Discussion and possible action to adopt an order by the Commissioners Court of Hays County, Texas authorizing the issuance of “Hays County, Texas Limited Tax Bonds”; levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; delegating the authority to certain members of the Commissioners Court and County staff to execute certain documents relating to the sale of the bonds; authorizing the execution of a paying agent/registrar agreement; and providing an effective date. COBB

23 188-246

Discussion and possible action to adopt an order by the Commissioners Court of Hays County, Texas authorizing the issuance of “Hays County, Texas Unlimited Tax Road Bonds”; levying an annual ad valorem tax, without limit as to rate or amount, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; delegating authority to certain members of the Commissioners Court and County staff to execute certain documents relating to the sale of the bonds; authorizing the execution of a paying agent/registrar agreement; and providing an effective date. COBB

24 247-318

Discussion and possible action to adopt an order by the Commissioners Court of Hays County, Texas authorizing the issuance of one or more series of “Hays County, Texas Limited Tax Refunding Bonds”; levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; delegating authority to certain County officials and County staff to execute certain documents related to the sale of the bonds; authorizing the execution of an escrow agreement and a paying agent/registrar agreement; and providing an effective date. COBB

WORKSHOP

25 319-377

11am-Workshop regarding Elections in Hays County, including but not limited to the use of equipment in Elections. Discussion and possible action may follow, including but not limited to receipt of a recommendation from the Election Equipment Advisory Committee and actions thereon. INGALSBE/CONLEY

EXECUTIVE SESSIONS The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice

from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda.

26 378 Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct. 1. Possible action to follow in open court. INGALSBE

STANDING AGENDA ITEMS The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court to

open the item when a need for discussion arises.

27 Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public safety facilities needs within the County. Possible action may follow. COBB/CUTLER

28 Discussion and possible action related to the burn ban and/or disaster declaration. COBB/SMITH/BROWNING

29 Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime Strategies, Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. COBB

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 7th day of June, 2017

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays County Judge’s Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to accommodate any valid request

regardless of when it is received. Braille is not available.

AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Approve payment of County invoices.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT July 11, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Auditor’s Office VILLARREAL-ALONZO N/A

SUMMARY

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AGENDA ITEM

Approve Commissioner Court Minutes of June 27, 2017.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A


Gonzalez COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES –JUNE 27, 2017

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STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 27TH DAY OF JUNE A.D., 2017, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

ALBERT H. COBB JR COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2

CHRISTINE RODRIGUEZ DEPUTY COUNTY CLERK

WITH COMMISSIONER PCT. 3, WILL CONLEY AND COMMISSIONER PCT. 4, RAY O. WHISENANT JR. BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Judge Cobb gave the invocation and led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. PRESENTATION OF HAYS COUNTY SERVICE AWARDS

Acting Human Resources Director, Shari Miller, gave presentation of Hays County Service Awards. Five Yeas: Maintenance Department: Maintenance Facility & Maintenance Manager - Vincent Logan Delgado, Sheriff Office: Sheriff Emergency Communications Officer- Andrew Bridwell, Sheriff Deputy- Chase Crow, Sheriff Mechanic-, Ladd Moering, Fifteen Years: Transportation Budget & Financial Manager- Janice Weber, Twenty Years: Transportation Road Maintenance Worker Senior- Ramon M. Pastrano, Retirement: Tax Customer Service Representative- Lynette Hall, Transportation Road Maintenance Worker Lead - Alberto Carreon, Transportation Subcontractor Coordinator- Joe P. Garza PUBLIC COMMENTS Tom Darmstrande – Dripping Springs resident, Craig Young – Wimberley resident, Dr. Laura Pressley – Austin resident, James Keller – Wimberley resident, Sara Lee Myers – San Marcos resident, Sam Brannon – San Marcos resident, Dan Lyon – San Marcos resident, Jacob Montoya – San Marcos resident, Abbe Delozier – Dripping Springs resident, spoke. 32586 APPROVE PAYMENT OF COUNTY INVOICES A motion was made by Commissioner, Jones seconded by Commissioner Ingalsbe to approve payment of County invoices in the amount of $783,666.73 as presented by the Hays County Auditor. All present voting “Aye”. MOTION PASSED 32587 APPROVE COMMISSIONER COURT MINUTES OF JUNE 20, 2017 A motion was made by Commissioner, Jones seconded by Commissioner Inglasbe to approve Commissioners Court Minutes of June 20, 2017. All present voting “Aye”. MOTION PASSED 32588 AUTHORIZE THE COUNTY JUDGE TO EXECUTE 2 COMMERCIAL

LIGHTING RETROFIT PROGRAM APPLICATIONS TO THE CITY OF SAN MARCOS AS PART OF THE COUNTYWIDE ENERGY EFFICIENCY PROJECT AND AUTHORIZE THE DEVELOPMENT SERVICES DIRECTOR TO SUBMIT APPLICATIONS AND SUPPORTING DOCUMENTATION

Requesting the approval of two Lighting Rebate Applications. One rebate in the amount of $35,000 for the Government Center and the other rebate in the amount of $11,875 for the Jail. These rebates will be rewarded to the County as a result of the lighting retrofits that will take place in both facilities as part of the Countywide Energy Upgrade Project. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Authorize the County Judge to execute 2 Commercial Lighting Retrofit Program applications to the City of San Marcos as part of the Countywide Energy Efficiency Project and authorize the Development Services Director to submit applications and supporting documentation. All present voting “Aye”. MOTION PASSED 32589 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL

CONTRACT WITH THE CAPITAL AREA COUNCIL OF GOVERNMENTS 6


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(CAPCOG), REGIONAL SOLID WASTE GRANT PROGRAM, FOR UP TO $16,700.00 IN FUNDING AWARDED FOR THE FORKLIFT REPLACED AT THE DRIFTWOOD RECYCLING CENTER AND AMEND THE BUDGET ACCORDINGLY

On December 15, 2015 the Hays County Commissioners Court authorized submission of a grant application for funding in the amount of $25,329.00 to the CAPCOG, FY2016-2017 Regional Solid Waste Grants Program for the acquisition of a new forklift to replace the failing 18+ year-old unit on site. Contract awards were made in early 2016 and the Hays County application, while scoring within the parameters of an eligible ranking, fell just outside the funding available for the CAPCOG Region, with only 11 projects from 25 applications approved. Savings have been accrued from the FY2016-2017 TCEQ Regional Solid Waste Grant Program biennium apportionment for the CAPCOG region, resulting in the availability of remaining funds. As has been the practice in preceding years, and as approved by both the Solid Waste Advisory Committee as well as the CAPCOG Executive Committee, funding has been offered to the next highest ranked and eligible application/applicant - in this case, Hays County. On January 24, 2017, the Commissioners Court approved internal County funding for purchase of a used forklift at Driftwood, as the prior machine had mechanical failure and was considered irreparable, with this piece of equipment necessary for operations at the site. As the grant funding was initially requested to replace the forklift at the site, we will now be able to recover the $16,700.00 expended for acquisition of the used forklift. Budget Amendment: Increase Capital Contributions Increase Heavy Equipment_Capital. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Authorize the County Judge to execute an Interlocal Contract with the Capital Area Council of Governments (CAPCOG), Regional Solid Waste Grant Program, for up to $16,700.00 in funding awarded for the forklift replaced at the Driftwood Recycling Center and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 32590 APPROVE AND CONFIRM THE APPOINTMENT OF ROGER SANCHEZ AS A

RESERVE DEPUTY FOR PRECINCT 3 Roger Sanchez started with Austin Police in 1978 and after retiring, joined Texas Commission on Law Enforcement as the Credentials Agent for Peace Officer Licensing. Roger is currently with the Travis County Sheriff's Office as a Reserve Deputy. He is a good man and hard to come by as a Texas Peace Officer. Pursuant to Local Government Code Chapter 86, Subchapter B 86.011 (a) The Commissioner's Court shall approve and confirm the appointment of a Deputy Constable. Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An elected constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. The application must state the name of the proposed deputy. The commissioners court shall approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct. (b) Each deputy constable must qualify in the manner provided for deputy sheriffs. (c) The constable is responsible for the official acts of each deputy of the constable. The constable may require a deputy to post a bond or security. A constable may exercise any remedy against a deputy or the deputy's surety that a person may exercise against the constable or the constable's surety. (d) A person commits an offense if the person: 32B(1) serves as a deputy constable and the person has not been appointed as provided by Subsection (a); or 33B(2) is a constable and issues a deputyship without the consent and approval of the commissioners court. (e) An offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Approve and confirm the appointment of Roger Sanchez as a Reserve Deputy for Precinct 3. All present voting “Aye”. MOTION PASSED 32591 AUTHORIZE COMMERCIAL OSSF PERMIT AT 18992 FM 150,

DRIFTWOOD, TX 78619 Cameron Cox is proposing an OSSF to serve 2 office/warehouse buildings. Each building will house up to six individual offices and will accommodate up to 24 employees and 6 customers. This property is 10.00 acres of Lot 4 in the J V Ash Jr Subdivision. Each building will be served by an individual rainwater collection system. The system designer, Daniel Balboa, R.S., has designed a standard treatment system. After treatment, the effluent will be dispersed to a low-pressure pipe drainfield for a maximum daily rate of 240 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Authorize Commercial OSSF Permit at 18992 FM 150, Driftwood, TX 78619. All present voting “Aye”. MOTION PASSED 32592 AUTHORIZE COMMERCIAL OSSF PERMIT AT 3801 CREEK RD, DRIPPING

SPRINGS, TX 78620 Whit Hanks of Camp Lucy is proposing an OSSF to serve the Lucy House. This recently renovated house has three bedrooms with a total of six beds. This house is served by a private well. The system designer, Erin

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Banks, P.E., has designed a standard treatment system. After treatment, the effluent will be dispersed to a low-pressure pipe drainfield for a maximum daily rate of 360 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Authorize Commercial OSSF Permit at 3801 Creek Rd, Dripping Springs, TX 78620. All present voting “Aye”. MOTION PASSED 32593 APPROVE THE INTERGOVERNMENTAL TRANSFER (IGT) OF

HEALTHCARE PROGRAM FUNDS FOR DY6 DELIVERY SYSTEM REFORM INCENTIVE POOL (DSRIP) MONITORING PAYMENTS AS PART OF THE TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM (1115 WAIVER)

A date for transfer of DY6 DSRIP Round 1, 1115 waiver funds was announced on June 16th. The transfer date deadline is July 2nd for a settlement date of July 3rd for: $7,586.79 DY6 DSRIP Round 1 Monitoring funds IGT Though the IGT of these funds do not require specific Court approval, having them approved (If sufficient notice is given by the State) or ratified (if sufficient notice is not provided by the State) ensures the Court and the public are informed of the process. Monitoring payments are used for monitoring activities of the Texas 1115 waiver program as required by the State's agreement with the Centers for Medicaid Medicare Services (CMS). A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Approve the Intergovernmental Transfer (IGT) of Healthcare Program Funds for DY6 Delivery System Reform Incentive Pool (DSRIP) Monitoring payments as part of the Texas Healthcare Transformation and Quality Improvement Program (1115 Waiver). All present voting “Aye”. MOTION PASSED 32594 APPROVE SPECIFICATIONS FOR RFP 2017-P06 RESTORATION OF

ANTIQUE WOODEN CABOOSE AT THE KYLE RAILROAD DEPOT AND HERITAGE CENTER AND AUTHORIZE PURCHASING MANAGER TO SOLICIT FOR PROPOSALS AND ADVERTISE

This RFP was previously advertised and issued on May 10, 2017 with a response deadline of 3:00 p.m. on June 8, 2017. No responses were submitted, therefore the Historical Commission Director requests that we advertise and reissue this RFP. Attachment: RFP 2017-P06 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Approve specifications for RFP 2017-P06 Restoration of Antique Wooden Caboose at the Kyle Railroad Depot and Heritage Center and authorize Purchasing Manager to solicit for proposals and advertise. All present voting “Aye”. MOTION PASSED 32595 APPROVAL TO REJECT ALL COMPETITIVE BIDS FOR IFB 2017-B06 A/C

AND HEATING SERVICES AND REISSUE THE IFB AS AUTHORIZED BY LOCAL GOVERNMENT CODE SEC. 262.027(2)

On April 18, 2017 the Court authorized Purchasing to solicit for bids for countywide A/C and Heating Services. Three bids were received, however the DC&S Director would like to include language specific to the type of systems the County utilizes and ensure proper certifications are outlined. Staff recommends rejecting all bids received per LGC Sec. 262.027 and reissuing the IFB at a later date once the changes to the specifications are completed. Attachment: IFB 2017-B06 bid tabulation. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Approval to reject all competitive bids for IFB 2017-B06 A/C and Heating Services and reissue the IFB as authorized by Local Government Code Sec. 262.027(2). All present voting “Aye”. MOTION PASSED 32596 APPROVAL TO REJECT ALL COMPETITIVE BIDS SUBMITTED FOR IFB

2017-B07 DAHLSTROM RANCH PUBLIC ACCESS DEVELOPMENT AND REISSUE THE IFB AS AUTHORIZED BY LOCAL GOVERNMENT CODE SEC. 262.027(2)

On April 25, 2017 the Court authorized Purchasing to solicit for bids for Dahlstrom Ranch Public Access Development. Four bids were received, however pricing varied considerably on several items. Staff recommends rejecting all bids received per LGC Sec. 262.027 and reissuing the IFB at a later date to allow changes to the specifications. IFB 2017-B07 bid tabulation. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Approve to reject all competitive bids submitted for IFB 2017-B07 Dahlstrom Ranch Public Access Development and reissue the IFB as authorized by Local Government Code Sec. 262.027(2). All present voting “Aye”. MOTION PASSED 32597 AMEND THE JUSTICE OF THE PEACE, PRECINCT 5 OPERATING BUDGET

FOR CONTINUING EDUCATION EXPENSES RELATED TO THE TEXAS JUSTICE COURT TRAINING CONFERENCE

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Additional funds are needed for conference registration, travel and meal per diems for the Justice of the Peace and Clerks to attend related conferences. Savings within their operating budget are available to fund this request. Budget Amendment: Increase Cont Ed Decrease Postage. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Amend the Justice of the Peace, Precinct 5 operating budget for continuing education expenses related to the Texas Justice Court Training conference. All present voting “Aye”. MOTION PASSED 32598 APPROVE SPECIFICATIONS FOR IFB 2017-B08 NORTHPOINT DRAINAGE

IMPROVEMENTS AND AUTHORIZE PURCHASING MANAGER TO SOLICIT FOR BIDS AND ADVERTISE

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Approve specifications for IFB 2017-B08 Northpoint Drainage Improvements and authorize Purchasing Manager to solicit for bids and advertise. All present voting “Aye”. MOTION PASSED 32599 AUTHORIZE THE COUNTY JUDGE TO SUBMIT A GRANT APPLICATION TO

THE U.S. DEPARTMENT OF JUSTICE, BULLETPROOF VEST PARTNERSHIP (BVP) PROGRAMS FOR UP TO $ 36,750.00 TO ASSIST WITH THE PURCHASE OF BULLETPROOF VESTS FOR COUNTY LAW ENFORCEMENT PERSONNEL

The grant application is for assistance in the purchase of bulletproof vests for County law enforcement officers. The grant program provides a reimbursement for 50% of the cost of each vest and the County must pay the remainder of the cost. The application includes the needs for both new officers and the replacement of existing bulletproof vests and will be to replace vests within the next two years. We will be requesting up to 49 vests and the current cost of each vest is about $750.00. The total amount of the grant is $36,750 and the county match is 50% which is $18,375.00. Matching funds may be allocated accordingly. Submission of the application is done electronically and is due on or before June 28, 2017. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Authorize the County Judge to submit a grant application to the U.S. Department of Justice, Bulletproof Vest Partnership (BVP) Programs for up to $ 36,750.00 to assist with the purchase of bulletproof vests for County law enforcement personnel. All present voting “Aye”. MOTION PASSED 32600 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL WORK

AUTHORIZATION #1 WITH BOWMAN CONSULTING FOR ADDITIONAL WORK ON THE FM 150 CENTER TURN LANE PROJECT

Commissioner Ingalsbe spoke. Jerry Borcherding, Director of Hays County Transportation Department spoke. Bowman Consulting will, if approved, incorporate design changes necessitated by the pending agreement with Lennar Homes in regards to the addition of turn lanes from FM 150 into newly constructed roads. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Supplemental Work Authorization #1 with Bowman Consulting for additional work on the FM 150 Center Turn Lane project. All present voting “Aye”. MOTION PASSED 32601 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH BOWMAN CONSULTING TO PERFORM DESIGN SURVEY SERVICES ALONG WILLOW CREEK CIRCLE IN PRECINCT 3 AND AMEND THE BUDGET ACCORDINGLY

If authorized, Bowman Consulting will perform a design survey to provide the basis for a study by County engineering staff to determine if any improvements can be made to the ROW to better convey storm flow through the area. Budget Amendment: Decrease .5351 Increase .5448_008. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement with Bowman Consulting to perform design survey services along Willow Creek Circle in Precinct 3 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 32602 SUB-806; MA MAISON (2 LOTS). DISCUSSION OF POSSIBLE ACTION TO

APPROVE FINAL PLAT Caitlyn Strickland, Hays County Planner spoke. The proposed Ma Maison Subdivision is a 2 lot subdivision across 22.72 acres along Bell Springs Road in Precinct 4. The subdivision will create one 19.23 acre lot with water service accomplished by a TCEQ water tank for water pumped and hauled from Dripping Springs Water

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Supply Corporation and one 3.49 acre lot with water service accomplished by an individual water well. Both lots will be served by individual on-site sewage facilities for their respective wastewater service. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Approve SUB-806; Ma Maison (2 lots) final plat. All present voting “Aye”. MOTION PASSED 32603 SUB-794; NORTH BELTERRA COMMERCIAL REPLAT (12 LOTS)

DISCUSSION AND POSSIBLE ACTION TO CONSIDER A VARIANCE FROM CHAPTER 721 - SECTION 5.05 OF THE HAYS COUNTY DEVELOPMENT REGULATIONS

Caitlyn Strickland, Hays County Planner spoke. North Belterra Commercial Replat is a 12 lot subdivision, across 65.44 acres. Water and wastewater services will be provided by the Hays County WCID #1. Lots 3G and 3F do not have independent access to HWY 290. Lots in this subdivision will utilize internal privately maintained driveways, rather than county regulated roadways. The developer wishes to establish an access easement from HWY 290 to the effected lots on this replat in order to grant access. The final plat for North Belterra Commercial Replat has been reviewed under the interlocal cooperation agreement with the City of Dripping Springs. Final approval is pending the approval of this variance. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to consider a variance of SUB-794; North Belterra Commercial Replat (12 lots) from Chapter 721 - Section 5.05 of the Hays County Development regulations. All present voting “Aye”. MOTION PASSED 32604 SUB-814; CANCELLATION OF LOT 2 IN THE EDWARDS RANCH

SUBDIVISION; HOLD A PUBLIC HEARING Judge Cobb opened the public hearing. No public input was received. Judge Cobb closed the public hearing.The Edwards Ranch subdivision is a 2 lot recorded subdivision located off Bridle Path in PCT 4. The subdivision was recorded in 1999. The owner of lot 2 now wishes to cancel the 40 acre parcel and reestablish the lot as an acreage tract. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Cancel SUB-814; Cancellation of Lot 2 in the Edwards Ranch Subdivision and hold a public hearing. All present voting “Aye”. MOTION PASSED Clerk’s Note: Court took a break at 10:15a.m. and returned into open session at 10:26 a.m. 32605 ACTION RELATED TO THE APPOINTMENT OF COMMISSIONERS TO THE

BOARD OF THE NEWLY-CREATED EMERGENCY SERVICES DISTRICT NO.9 (ESD#9), AND MATTERS RELATED THERETO

Creation of ESD#9 was authorized during the November 2016 election. Pursuant to 775.034 of the Texas Health and Safety Code, the Commissioners Court is authorized to appoint the 5-person board. Other matters related to ESD#9 may be discussed during this item. A motion was made by Judge Cobb, seconded by Commissioner Jones to take action related to the appointment of Commissioners to the board of the newly-created Emergency Services District No.9 (ESD#9), and matters related thereto. All present voting “Aye”. MOTION PASSED 32606 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE CURRENT ELECTRIC,

INC. FOR ELECTRICAL SERVICES RELATED TO THE RELOCATION OF TWO PORTABLE TRAINING BUILDINGS AND AMEND THE BUDGET ACCORDINGLY

Tom Hackney, CFM- Facilities Director of the Hays County Sheriff’s Office spoke. The Sheriff's Office is requesting approval to utilize Current Electric to provide electrical services for two portable buildings. With the upcoming expansion and renovation of the Jail facility, the two portable training buildings need power once they are relocated to a different location at the Sheriff's Office. The Sheriff's Office requested quotes from 5 vendors and only received two responses; the remaining vendors are considered a no bid. The S.O. wishes to use Current Electric over Ted Breihan Electric due to availability. Attachment: Current Electric, Inc. Bid Proposal 5/12/17. The Sheriff's Office respectfully requests Court approval to utilize funds that were budgeted during the FY 2017 budget process in County Wide ($500K) for miscellaneous capital improvements for the Jail as needed. Budget Amendment Decrease Co Wide Misc Capital Improvements - 001-645-00.5741 Increase S.O. Misc. Capital Improvements- 001-618-00.5741 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize the Sheriff's Office to utilize Current Electric, Inc. for electrical services related to the relocation of two Portable Training Buildings and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

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32607 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND MCCLENNAN COUNTY FOR HOUSING AND CARE OF HAYS COUNTY CORRECTIONS INMATES

Sheriff Lieutenant Staff Sargent, Julie Villalpando spoke. This ILA will be utilized if and when the Hays County corrections inmate population exceeds capacity and no closer facility is available to receive transfer of the inmate(s). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Cooperation Agreement between Hays County and McClennan County for housing and care of Hays County corrections inmates All present voting “Aye”. MOTION PASSED 32608 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL

COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND LIMESTONE COUNTY FOR HOUSING AND CARE OF HAYS COUNTY CORRECTIONS INMATES

This ILA will be utilized if and when the Hays County corrections inmate population exceeds capacity and no closer facility is available to receive transfer of the inmate(s). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize the County Judge to execute an Interlocal Cooperation Agreement between Hays County and Limestone County for housing and care of Hays County corrections inmates. All present voting “Aye”. MOTION PASSED 32609 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE LOCKHART GLASS

COMPANY FOR SERVICES RELATED TO THE REPLACEMENT OF TWO TRAINING BUILDING FIRE-RATED EXTERIOR DOORS AND AMEND THE BUDGET ACCORDINGLY

Tom Hackney, CFM- Facilities Director of the Hays County Sheriff’s Office spoke. The Sheriff's Office would like to contract with Lockhart Glass to replace two Fire-Rated Exterior Doors for the Training Academy Portable buildings. With the upcoming expansion and renovation of the Jail Facility, the two portable training buildings need to be secured at the Sheriff’s Office in order to accommodate the construction company’s need to perform “Site Work” for drainage. These doors are 20 years old and will not stay locked and secured. Maintenance has attempted to make repairs; however they are too loose and will not work properly. They are Hollow Core Metal doors and must be Fire-Proof for the protection of our staff. Attachment: Lockhart Glass Quote The Sheriff respectfully requests the Courts permission to utilize funds that were budgeted during the FY 2017 budget process in County Wide ($500k) for miscellaneous capital improvements for the Jail as needed. Budget Amendment: Decrease Co Wide Misc Capital Improvements - 001-645-00.5741 Increase SO Misc Capital Improvements - 001-618-00.5741 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize the Sheriff's Office to utilize Lockhart Glass Company for services related to the replacement of two training building fire-rated exterior doors and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 32610 AUTHORIZE THE DEVELOPMENT AND COMMUNITY SERVICES

DIRECTOR TO APPROVE COURSES FOR HOMEOWNER MAINTENANCE OF ON-SITE SEWAGE FACILITIES

Roxie McInnis, Development and Community Services Manager spoke. Clint Garza, Director of Development and Community Services spoke. Section 10.V(1) of the Hays County Rules for On-Site Sewage Facilities allows homeowners in Hays County to maintain their own OSSF if they have taken an Authorized Agent approved maintenance training course. This action will delegate the authority to approve those training courses from the Commissioners Court (the Authorized Agent) to the Director of Development & Community Services. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize the Development and Community Services Director to approve courses for homeowner maintenance of on-site sewage facilities. All present voting “Aye”. MOTION PASSED 32611 AUTHORIZE THE COUNTY JUDGE TO ACCEPT AND SIGN A PROPOSAL

FROM KRE GROUP TO INSTALL FOOTINGS AND FOUNDATION FOR DAHLSTROM NATURE PRESERVE VISITOR CENTER AND AMEND THE BUDGET ACCORDINGLY

Studio Shed is the selected and approved manufacturer for the Dahlstrom Ranch Nature Preserve visitor center. Prior to installation of the center a pier and beam foundation will need to be constructed. KRE Group is the only authorized installer in Texas for Studio Shed and the attached proposal is being presented for the Judge's signature. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to

11


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Authorize the County Judge to accept and sign a proposal from KRE Group to install footings and foundation for Dahlstrom Nature Preserve Visitor Center and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 32612 ACTION TO APPOINT JANE HUGHSON, CITY OF SAN MARCOS COUNCIL

MEMBER TO REPRESENT HAYS COUNTY ON THE CAPITAL AREA REGIONAL TRANSPORTATION PLANNING ORGANIZATION (CARTPO)

Hays County currently has a vacant position on the Board. Jane Hughson is currently serving as Mayor Pro Tem for the City and has previous experience serving on various boards. Jane would be a valuable asset to serve on CARTPO as a Hays County representative. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Appoint Jane Hughson, City of San Marcos Council Member to represent Hays County on the Capital Area Regional Transportation Planning Organization (CARTPO). All present voting “Aye”. MOTION PASSED 32613 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER

AUTHORIZATION NO. 1 BETWEEN HAYS COUNTY AND CAHABA DISASTER RECOVERY, LLC FOR WORK RELATED TO THE HAYS COUNTY FLOOD DEBRIS REMOVAL PROGRAM

Clint Garza, Director of Development and Community Services spoke. Albert Isakson spoke. The Development and Community Services Department would like to amend the current contract between the County and Cahaba Disaster Recovery, LLC to update the schedule of values to include 15 sites, most of which were, previously listed on the grant funded portion of the debris removal program to the non-grant funded program. Funds remaining within the existing lump sum contract will be utilized to clear remaining debris sites. Attachment: Change Order No. 1 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Authorize the County Judge to execute Change Order Authorization No. 1 between Hays County and Cahaba Disaster Recovery, LLC for work related to the Hays County Flood Debris Removal Program. All present voting “Aye”. MOTION PASSED 32614 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT #1 --

ADDITIONAL PROFESSIONAL SERVICES WITH HALFF AND ASSOCIATES FOR ADDITIONAL WORK FOLLOWING THE FLOODPLAIN STUDY AND MODELLING; AMEND THE BUDGET ACCORDINGLY

Halff and Associates will, if approved, will expand original scope to explore: possible flood mitigation options within the Willow Springs Creek basin, flood impacts from new and planned/anticipated development, and channel improvements. Decrease 001-645-00.5741 Increase 001-657-00.5448 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize the County Judge to execute Amendment #1 --Additional Professional Services with Halff and Associates for additional work following the floodplain study and modelling; amend the budget accordingly. All present voting “Aye”. MOTION PASSED ADOPT AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF “HAYS COUNTY, TEXAS LIMITED TAX BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING THE AUTHORITY TO CERTAIN MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE These delegation/parameter bond orders are needed for the issuance of bonds authorized by the citizens of Hays County in November 2016. No action was taken. ADOPT AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF “HAYS COUNTY, TEXAS UNLIMITED TAX ROAD BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHOUT LIMIT AS TO RATE OR AMOUNT, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO

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EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE These delegation/parameter bond orders are needed for the issuance of bonds authorized by the citizens of Hays County in November 2016. No action was taken. ADOPT AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF “HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN COUNTY OFFICIALS AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATED TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE This delegation/parameter bond order is needed for the issuance of refunding bonds, as recommended by Bond Counsel. No action was taken. Clerks Note Re: Item # 34- EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION TO FOLLOW IN OPEN COURT – was pulled Clerks Note Re: Item # 35- DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW- was pulled DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Judge Cobb gave an update on the Burn Ban. The Burn Ban will remain lifted. Clerks Note Re: Item # 37- DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW- was pulled ADJOURNMENT A motion was made by Judge Cobb, seconded by Commissioner Jones to adjourn court at 11:12 a.m.

I, LIZ Q. GONZALEZ, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’

COURT, do hereby certify that the foregoing contains a true and accurate record of the

proceedings had by the Hays County Commissioners’ Court on June 27, 2017.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

13




AGENDA ITEM

Authorize the County judge to execute 2nd Amendments to the existing leases between Hays County and the City of San Marcos for the Women, Infants and Children ("WIC") Program offices located at 150 Lockhart Street in Kyle and 401C Broadway in San Marcos.


CONSENT July 11, 2017 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB INGALSBE

SUMMARY 25B51B77B103B129B155B181B207B233BThese proposed amendments make modifications to the leasehold area, the lease rate, and the lease term.

14

SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR COMMERCIAL OFFICE LEASE

This 2nd Amendment to Interlocal Agreement for the Commercial Office Lease at 150 Lockhart Street, Kyle, Texas (“Amendment”) is made this ______ day of _______________________________ 2017, by and between Hays County, a political subdivision of the State of Texas (hereinafter referred to as “County"), and the City of San Marcos, Texas, administering the Woman, Infants, and children (“WIC”) Program of San Marcos (hereinafter referred to as “City”). The above-cited parties are collectively referred to as “the parties to this Agreement” or “the parties.”

Section 1.4 Rentable Area of the Agreement shall be amended to reflect the approximate ‘rentable area” is 3,390 square feet. Section 2.1 Base Rent and Additional Rents of the Agreement shall be amended to reflect the following:

Monthly Rent Annual Rent $1,600.00 $19,200.00 Section 4.1 Term, Possession, and Anniversary of the Agreement shall be amended to reflect that the last day of the lease term will be August 31, 2018. Exhbit A of the Agreement shall be amended as attached. EXCEPT FOR THE ABOVE MODIFICATION, ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN UNCHANGED, UNLESS PROPERLY MODIFIED BY SUBSEQUENT AMENDMENT UNDER THE TERMS OF THE AGREEMENT. This 2nd Amendment to Interlocal Agreement for the Commercial Office Lease is hereby executed this the ______ day of __________________________, 2017, as is evidenced by the authorized signatures of the Parties, below. LESSOR LESSEE

CITY OF SAN MARCOS HAYS COUNTY A MUNICIPAL CORPORATION A POLITICAL SUBDIVISION OF THE STATE OF TEXAS Printed name of company or firm (if applicable) Printed name of company or firm (if applicable)

BERT COBB, M.D. Printed name of person signing Printed name of person signing

Signature Signature

City Manager County Judge Title of person signing (if applicable) Title of person signing (if applicable)

630 East Hopkins, San Marcos, Texas 78666 111 E. San Antonio, San Marcos, Texas 78666 Lessor Address Lessee Address

Date signed Date signed Attest: County Clerk

15

EXHIBIT A (two pages)

Floor Plan of Lessee’s Office Space

(see paragraph 1.2 of lease) Building Name: 150 Lockhart St. Approximate Usable SF: 3,390 Approximate Rentable SF: 3,390 The parties agree that the floor plan is a true and correct diagram of Lessee’s office space referred to in paragraph 1.2. (SEE THE FOLLOWING PAGE)

16

150 Lockhart St,. Kyle TX

Exhibit A

17

SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR COMMERCIAL OFFICE LEASE

This 2nd Amendment to Interlocal Agreement for the Commercial Office Lease at 401C Broadway Street San Marcos, Texas (“Amendment”) is made this ______ day of _________________________, 2017, by and between Hays County, a political subdivision of the State of Texas (hereinafter referred to as “County"), and the City of San Marcos, Texas, administering the Woman, Infants, and children (“WIC”) Program of San Marcos (hereinafter referred to as “City”). The above-cited parties are collectively referred to as “the parties to this Agreement” or “the parties.”

Section 1.4 Rentable Area of the Agreement shall be amended to reflect the approximate ‘rentable area” is 2,150 square feet. Section 2.1 Base Rent and Additional Rents of the Agreement shall be amended to reflect the following:

Monthly Rent Annual Rent $965.00 $11,580.00 Section 4.1 Term, Possession, and Anniversary of the Agreement shall be amended to reflect that the last day of the lease term will be August 31, 2018. Section 7.1 Utilities and Services by Lessee of the Agreement shall be amended as follows: Except where otherwise stated in this lease, Lessor agrees to maintain existing accounts in its name, pay for the associated utilities and services, and submit a monthly invoice pursuant to Section 27.1 to Lessee for reimbursement. Lessee shall reimburse Lessor for the following utilities and services within thirty (30) days of receiving an undisputed invoice:

(a) 100% of Electric for the front building (account 001-0012718-04) and 25% of Electric for the back building (account 001-00025518-00)

(b) 25% of Water and Wastewater (c) 25% of Solid Waste Disposal (d) Phone/fax/data lines (e) Natural Gas (f) Security system monitoring

Disputed invoices under this section shall be resolved via the agreed-upon Dispute Resolution procedures cited in Section 23.1, below. Exhbit A of the Agreement shall be amended as attached. EXCEPT FOR THE ABOVE MODIFICATION, ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN UNCHANGED, UNLESS PROPERLY MODIFIED BY SUBSEQUENT AMENDMENT UNDER THE TERMS OF THE AGREEMENT. This 2nd Amendment to Interlocal Agreement for the Commercial Office Lease is hereby executed this the ______ day of __________________________, 2017, as is evidenced by the authorized signatures of the Parties, below.

18

LESSOR LESSEE CITY OF SAN MARCOS HAYS COUNTY A MUNICIPAL CORPORATION A POLITICAL SUBDIVISION OF THE STATE OF TEXAS Printed name of company or firm (if applicable) Printed name of company or firm (if applicable)

BERT COBB, M.D. Printed name of person signing Printed name of person signing

Signature Signature

City Manager County Judge Title of person signing (if applicable) Title of person signing (if applicable)

630 East Hopkins, San Marcos, Texas 78666 111 E. San Antonio, San Marcos, Texas 78666 Lessor Address Lessee Address

Date signed Date signed Attest: County Clerk

19

EXHIBIT A (two pages)

Floor Plan of Lessee’s Office Space

(see paragraph 1.2 of lease) Building Name: 401C Broadway St. Approximate Usable SF: 2,150 Approximate Rentable SF: 2,150 The parties agree that the floor plan is a true and correct diagram of Lessee’s office space referred to in paragraph 1.2. (SEE THE FOLLOWING PAGE)

20




AGENDA ITEM

Authorize Commercial OSSF Permit at 1020 Pier Branch Rd, Dripping Springs, TX 78620.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis, Development Services Manager WHISENANT N/A

SUMMARY 25B52B79B106B133B160B187B214B241BCalvin Lockhart of Calvin's Electric, LLC is proposing an OSSF to serve a 10,000 square foot office/warehouse building that will accommodate up to 14 employees and customers. This 1.928-acre property is Lot 17 of Section IIC in the Sunset Canyon Subdivision and will use a rainwater collection system. 26B53B80B107B134B161B188B215B242BThe system designer, Stan Burrier, P.E., has designed a standard treatment system. After treatment, the effluent will be dispersed to a low-pressure pipe drainfield for a maximum daily rate of 100 gallons.

21




AGENDA ITEM

Approve Utility Permits.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding COBB N/A

SUMMARY 25B57B89B121B153B185B217B249B281BPermit Road Name Utility 26B58B90B122B154B186B218B250B282B1031 Henly Loop PEC (electric line) 27B59B91B123B155B187B219B251B283B1032 Old Stagecoach Road City of Kyle (water line) 28B60B92B124B156B188B220B252B284B1033 Hidden Hills Drive (Sunset Canyon subd.) Austin Java-WTCPUA (water line) 29B61B93B125B157B189B221B253B285B1034 Carpenter Lane PEC (electric line) 30B62B94B126B158B190B222B254B286B1035 Mathias Lane Goforth SUD (water line) 31B63B95B127B159B191B223B255B287B1036 Goforth Road Goforth SUD (water line)

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2201 Mathias Lane - driveway

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Parcel Lines

Abstracts

Historical Lines

Parcel ID

Roads

July 5, 20170 0.15 0.30.075 mi

0 0.2 0.40.1 km

1:9,028

This product and relat ive contents are the property of the respective governmental ent ity and BIS Consultants. Use is restricted for official purposes.Hays Central Appraisal District & BIS Consulting - www.bisconsultants.com

Disclaimer: This product is for informational purposes only and has not been prepared for or be suitable for legal, engineering, or surveying purposes. It doesnot represent an on-the-ground survey and represents only the approximate relative location of boundaries

37

tvandevorde

Text Box

water line service

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39

40

1900 Goforth Rd - water line service

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Parcel Lines

Abstracts

Historical Lines

Parcel ID

Roads

July 5, 20170 0.15 0.30.075 mi

0 0.2 0.40.1 km

1:9,028

This product and relat ive contents are the property of the respective governmental ent ity and BIS Consultants. Use is restricted for official purposes.Hays Central Appraisal District & BIS Consulting - www.bisconsultants.com

Disclaimer: This product is for informational purposes only and has not been prepared for or be suitable for legal, engineering, or surveying purposes. It doesnot represent an on-the-ground survey and represents only the approximate relative location of boundaries

41




AGENDA ITEM

Amend the Department of State Health Services (DSHS) Ebola grant for Emergency Preparedness conference expenses approved by the granting agency.


CONSENT July 11, 2017 $760

LINE ITEM NUMBER 120-675-99-088.5551

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO


Clint Garza COBB N/A

SUMMARY 27B58B89B120B151B182B213B244B275BDSHS will reimburse all expenditures related to the Emergency Preparedness training. 28B59B90B121B152B183B214B245B276BBudget Amendment: 29B60B91B122B153B184B215B246B277BDecrease Travel 30B61B92B123B154B185B216B247B278BIncrease Continuing Education

42




AGENDA ITEM

Amend the Juvenile Probation Operating and Texas Juvenile Justice Department (TJJD) grant budgets for continuing education expenses.


CONSENT July 11, 2017 $2,060

LINE ITEM NUMBER .5551

AUDITOR USE ONLY

AUDITOR COMMENTS:



Shelly Williams COBB N/A

SUMMARY 27B62B97B132B167B202B237B272B307BAdditional funds are needed for training expenses related to the post-legislative conference, TJJD budget workshop, Juvenile Supervision Officer training, Data Coordinator training, and Handle with Care Training. 28B63B98B133B168B203B238B273B308BBudget Amendments: 29B64B99B134B169B204B239B274B309BJuv Prob Operating: 30B65B100B135B170B205B240B275B310BDecrease Miscellaneous - ($1,600) 31B66B101B136B171B206B241B276B311BIncrease Continuing Education - $1,600 32B67B102B137B172B207B242B277B312BTJJD Grant M Special Needs: 33B68B103B138B173B208B243B278B313BDecrease Staff Salaries - ($460) 34B69B104B139B174B209B244B279B314BIncrease Continuing Education - $460

43




AGENDA ITEM

Approve the April-May 2017 Treasurer's Reports and Investment Reports.



LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



Michele Tuttle, Hays County Treasurer COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BApprove the April-May 2017 Treasurer's Reports and Investment Reports

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AGENDA ITEM

Approve out of state travel for the County Auditor related to the upcoming bond sale in New York.




AUDITOR USE ONLY

AUDITOR COMMENTS:



Marisol Villarreal-Alonzo COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe County Auditor and the county Financial Advisor will travel to New York to secure the best rate available for the upcoming bond sale scheduled for July 24th. Travel dates will be Sunday July 23rd through Tuesday July 25th. All expenditures related to this travel will be included in the issuance costs.

55




AGENDA ITEM

Accept the monthly financial report for fiscal year to date through May 31, 2017 as presented by the office of the County Auditor.




AUDITOR USE ONLY

AUDITOR COMMENTS:



Marisol Villarreal-Alonzo COBB N/A

SUMMARY

56




AGENDA ITEM

Authorize the Constable Precinct 5 Office to purchase a replacement mobile radio and vehicle graphics for the new patrol vehicle and amend the budget accordingly.


CONSENT July 11, 2017 $3,355

LINE ITEM NUMBER 001-639-00]

AUDITOR USE ONLY

AUDITOR COMMENTS:



Constable John Ellen JONES N/A

SUMMARY 27B65B103B141B179B217B255B293B331BThe Constable is in need of a replacement mobile radio and graphics for the new patrol vehicle. The mobile radio is needed to replace a radio that was damaged during the October 2015 flood and not repairable. Graphics for the new patrol vehicle were approved in the FY17 budget process; however additional funds are needed in the line item to cover the costs. Savings within the Constable's operating budget have been identified to fund all requests. 28B66B104B142B180B218B256B294B332BBudget Amendments: 29B67B105B143B181B219B257B295B333BMobile Radio: 30B68B106B144B182B220B258B296B334BIncrease Communication Eqpt - $2,953 31B69B107B145B183B221B259B297B335BDecrease Data Supplies - ($255) 32B70B108B146B184B222B260B298B336BDecrease Fuel - ($500) 33B71B109B147B185B223B261B299B337BDecrease Vehicle Maint - ($2,198) 34B72B110B148B186B224B262B300B338BVehicle Graphics: 35B73B111B149B187B225B263B301B339BIncrease Vehicles - $402 36B74B112B150B188B226B264B302B340BDecrease Vehicle Maint - ($302) 37B75B113B151B189B227B265B303B341BDecrease Eqpt Lease - ($100)

57




AGENDA ITEM

Authorize the Emergency Services and Grants Administration departments to post the updated draft of the Hays County Hazard Mitigation Plan to the Hays County website for public review and comment.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Smith/Hauff COBB N/A

SUMMARY 26B55B84B113B142B171B200B229B258BOn October 18, 2016 the Commissioners Court approved the selection of Jeffrey S. Ward & Associates, Inc., in partnership with Halff & Associates, Inc., for preparation of the required update to the 2011 Hays County Hazard Mitigation Plan. This Plan is done in cooperation with the communities within Hays County to maintain eligibility for funding to address mitigation efforts to reduce and/or eliminate risks posed by natural hazards. Three meetings were held with the consultants/communities to review and update the Plan for current natural hazard assessment and mitigation opportunities, and a revised Draft Plan is now available for public review prior to submission to the Texas Department of Public Safety, Division of Emergency Management (TDEM) for preliminary comment and subsequently then on to the Federal Emergency Management Agency (FEMA) for review and approval. 27B56B85B114B143B172B201B230B259BIt is proposed that the revised draft Hazard Mitigation Plan and Annexes for each partner jurisdiction be posted to the Hays County website for public review and comment beginning on July 12, 2017 and ending on July 26, 2017. The draft Hazard Mitigation Plan will be posted at the following web address: http://www.co.hays.tx.us/hazard-mitigation-plan-update.aspx 28B57B86B115B144B173B202B231B260BComments will be addressed and integrated into the Plan and then it will be submitted to the state/federal agencies for formal review and acceptance. Formal adoption of the Hazard Mitigation Plan by Hays County and partner jurisdictions will be made after TDEM and FEMA have commented and approved the Plan for adoption. An Executive Summary explaining the updated Hazard Mitigation Plan contents is included with this Agenda Item.

58

http://www.co.hays.tx.us/hazard-mitigation-plan-update.aspx

http://www.co.hays.tx.us/hazard-mitigation-plan-update.aspx

Hays County Hazard Mitigation Plan - Executive Summary

1

Organization of the PlanThe Hays County Hazard Mitigation Plan Update is made up of one main plan document with supporting Appendices and 12 Community Annexes, one per planning area. The main plan document provides information regarding the plan process and methodology, while each annex provides the data and analysis relevant to the respective planning area.

Executive SummaryHays County, Texas has developed and maintained its Hazard Mitigation Plan because of the increasing awareness that natural hazards, especially floods, have the potential to affect the County and its citizens.

Background of Mitigation PlanningThrough hazard mitigation planning, it is possible to minimize the losses that disasters can cause. The responsibility for hazard mitigation lies with many, including private property owners; business and industry; and local, state, and federal government.

The Disaster Mitigation Act of 2000 (DMA 2000) is federal legislation that requires proactive, pre-disaster planning as a prerequisite for some funding available under the Robert T. Stafford Act. The DMA 2000 encourages state and local authorities to work together on pre-disaster planning. An approved Hazard Mitigation Plan (HMP) is a requirement in order for the County to remain eligible for some types of project grants that are administered by the Texas Division of Emergency Management (TDEM), the Texas Water Development Board (TWDB) and the Federal Emergency Management Agency (FEMA).

History of Hays County Mitigation PlanningIn April 2003, Hays County initiated the development of its first HMP. The initial Hays County HMP was approved in 2006, and established the County’s long-term strategy for reducing its risks from natural hazards. In 2011, the Hays County HMP update included reevaluation of the original hazards, risk assessment, mitigation goals, strategies, and mitigation priorities. As part of the update process, these sections of the Plan were reassessed to identify changes and updates that may have occurred since approval and adoption of the original plan.

The 2017 Hays County Hazard Mitigation Plan UpdateIn 2016, Hays County Mitigation Planning Committee (MPC) began its process for a 2017 HMP update.

This HMP update has several inter-related purposes: • Provide overviews of the hazards that threaten the County• Characterize the people and property at risk from the hazards• Describe the planning process• Identify vulnerabilities and assess risks from specific hazards• Identify and prioritize mitigation action items while drawing from and adding to other community

plans and programs

Participating communities in the 2017 Hays County Mitigation Plan Update are:Village of Bear Creek City of Buda City of Dripping SpringsCity of Hays City of Kyle City of Mountain CityCity of Niederwald City of San Marcos City of UhlandCity of Wimberley City of Woodcreek Hays CountyDRAFT

59


2

The four chapters within the main Plan document correspond to the four phases of the planning/plan update process, to include: 1. Organize and Review2. Risk Assessment3. Mitigation Strategy4. Finalize (Approval and Adoption)

The content of these chapters, as well as that of the Community Annexes, closely follows guidance from FEMA’s G318 Local Mitigation Planning Workshop, FEMA’s Local Mitigation Planning Handbook, and FEMA’s Local Mitigation Plan Review Guide.

The Planning/Update ProcessAs noted above, the update process consisted of four phases. Chapter 1 outlines the details of the development of the process and the schedule for planning activities. Throughout the process, special effort was made to ensure public involvement was welcomed and encouraged. Feedback was taken through a Public Survey that was advertised through multiple websites, social media, newsletters, emails and even through announcements at Commissioners’ Court and City Council meetings. The public was provided a second opportunity to review and comment on the Plan update at the point of the final draft stage, when it was posted on the Hays County website as well as those of each participating community. Printed copies of the document were also made available for review at multiple locations within the County. Planning activities also included stakeholders who were invited from industry, academia, and the private sector. Further information regarding stakeholders and the planning process can be found in Chapter 1 of the plan.

Hays County Office of Emergency Services and Hays County Grant Administration led the update effort and coordinated all meetings for the process. The primary point of contact for the HMP update is Ms. Kharley Bagley Smith Emergency Services Director/Emergency Management Coordinator Hays County Office of Emergency Services 712 S. Stagecoach San Marcos, TX 78666 [email protected] (512)393-7300 Flood Damage Hays County, Texas

DRAFT

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3

Hazards and RisksChapter 2 of the main plan document includes hazard description and extent scale information, which apply to all participating communities. The State of Texas Hazard Mitigation Plan was used as the source of data for the hazard description information. Hazard location maps, community extent, history of significant events, probability of future events, as well as impact and vulnerability summaries can be found in Section 2 of each Community Annex.

A total of 14 hazards were profiled by the MPC. The hazards included:

Expansive Soils and Land Subsidence were added to the 2017 update as new hazards that had not been previously profiled for Hays County.

Hazard data also included details on the 3 federal disaster declarations experienced by Hays County since the last update period. Information from these events was used to update and re-prioritize efforts within the plan. Those declarations are shown below:

Straight-Line Winds

Disaster 4159-DROctober 30-31, 2013

Disaster 4223-DRMay 4-June 23, 2015

Disaster 4245-DROctober 22-31, 2015

Public Assistance Received

Individual and Public Assistance Received

Individual and Public Assistance Received

Severe Storms

Severe Storms

Severe Storms

Flooding Tornadoes TornadoesStraight-Line

Winds

Flooding Flooding

Hazard identification and risk analysis was followed by hazard risk prioritization. Risks were ranked for each hazard using a quantified, formula-based Hazard Ranking Utility. This calculation included consideration for risk perception from members of the public (derived from Public Survey results) and analysis of data by planners from the MPC. This analysis included quantifying the past and possible impact from hazard events to Health/Safety, Property and Business Continuity. Each individual community risk ranking can be read in the respective Community Annex. The top three ranked hazards among all communities were Floods, Wildfire and Drought.

Summary of Goals and ActionsMitigation strategy goals were modified as part of the plan update process. The MPC voted to reduce the number of goals from seven hazard-specific goals found in the 2011 plan to 3 plan-wide strategic goals. The 2017 Mitigation Strategy goals are:1. Enhance the abilities of Hays County and the communities within its boundaries to provide

protection of life, property, economy and natural systems from natural hazards. 2. Mitigate the vulnerabilities existing within hazard areas in order to lessen impacts on safety, damage

to critical infrastructure/facilities and the capabilities of emergency responders.3. Incorporate measures that assist with the improvement of water conservation efforts in Hays County.

1. Drought2. Extreme Heat 3. Severe Winter Storms4. Lightning5. Hailstorms6. Windstorms7. Tornadoes

8. Expansive Soils9. Floods10. Land Subsidence11. Hurricanes/Tropical Storms12. Earthquakes13. Dam/Levee Failure14. Wildfires

DRAFT

61


4

The primary types of mitigation actions vary from non-structural solutions such as plans, regulations, education and awareness programs to structure and infrastructure projects and natural systems protection. Over 230 diverse mitigation actions designed to reduce structural and social vulnerability to the identified hazards are included in the plan and its annexes. The mitigation strategy includes action status and modifications for existing actions as well as details regarding new actions added during the update process.

Approval and Adoption ProcessesChapter 4 discusses approval and adoption of the updated plan. The Hays County Commissioners Court and each participating City/Village Council was responsible for approving and adopting the Hays County 2017 Hazard Mitigation Plan Update. The Commissioners Court reviewed and approved the plan update on (insert date XX). Implementation ProcessFor each mitigation action identified, the plan identifies the lead agency, resources needed, time period for implementation. Each lead agency will factor the action into their work plans and schedules when possible. Annual reports on the status of implementation, including obstacles to progress, will be submitted by mitigation planners from each community to the Hays County Office of Emergency Services.

Incorporation/Integration with other PlansEach Community Annex identifies how mitigation efforts found in existing resources, such as plans, programs, and regulations, can be incorporated into the HMP. In turn, the annexes also highlight opportunities for integrating new HMP actions back into existing resources in order to tie mitigation priorities into existing community processes and goals.

Monitoring and Updating ProcessesChapter 4 of the main plan document describes the general schedule and procedures for ensuring that the County’s HMP remains current. Each Community Annex details how it will be performed and what position will lead the effort at the local level. This section also provides a combination of trigger events that will initiate future amendments and future updates to the HMP. The Hays County Office of Emergency Services is responsible for overall Plan updates.

AcknowledgmentsAcknowledgment to Jeffrey S. Ward & Associates, Inc. (JSWA) and Halff Associates for the coordination of the planning process for the communities. In addition, special recognition for stakeholder participation from Hays County GIS, San Marcos Police Department, Hays CISD, San Marcos GIS, Hays County Office of Emergency Management, Hays County Sheriff’s Office, and San Marcos River Foundation for their contributions to the planning effort during the risk assessment and mitigation strategy portions of the plan. DRAFT

62




AGENDA ITEM

Release of subdivision fiscal surety bonds as identified by the Hays County Transportation Department.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding COBB N/A

SUMMARY 26B62B98B134B170B206B242B278B314BThe Transportation Department, in cooperation with the Clerk's Office, Development Services and the Office of Legal Council, has approved the release of the following bonds listed on the Road Security List of Fiscal Surety projects: 27B63B99B135B171B207B243B279B315B> Bush Ranch, Ph.2, Sec.1, Cash Bond, Construction. 28B64B100B136B172B208B244B280B316B> Kelly's Country Cabins, LOC #05-024, Construction. 29B65B101B137B173B209B245B281B317B> Mt. Olive Ranch, Bond #1000810704, Re-vegetation. 30B66B102B138B174B210B246B282B318B> Oakmont Estates, LOC #23303-S, Construction. 31B67B103B139B175B211B247B283B319B> Our Place, Ph.1, Sec.2, Bond #713322P, Construction. 32B68B104B140B176B212B248B284B320B> Parklands, LOC #SDCMTN554290, Construction. 33B69B105B141B177B213B249B285B321B> Parklands, LOC #NTS601081, Construction Amendment. 34B70B106B142B178B214B250B286B322B> Shady Valley, Bond #SU3078638. 35B71B107B143B179B215B251B287B323B> Shops at Highpointe (Sawyer Ranch Rd), LOC #14707495-900.

63




AGENDA ITEM

Authorize the County Judge to execute the Second Amendment to the Agreement between Hays County and Turner Construction Company (the Construction Manager at Risk).


CONSENT July 11, 2017 BOND FUNDED

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



INGALSBE CONLEY

SUMMARY 25B51B77B103B129B155B181B207B233BThe Second Amendment is related to Exhibit A: Personnel Titles and Roles, Exhibit B: Allowable General Conditions, and Exhibit E: Project Overall Schedule for the Public Safety Bond Program. See attached.

64

SECOND AMENDMENT TO AGREEMENT BETWEEN HAYS COUNTY, A POLITICAL SUBDIVISION OF THE STATE

OF TEXAS AND CONSTRUCTION MANAGER AT RISK FOR JAIL, LAW ENFORCEMENT CENTER, AND 911/EOC CENTERS

This 2ND Amendment to the Agreement (“Amendment”) is made this 11th day of July, 2017, by and between Hays County, a political subdivision of the State of Texas (hereinafter referred to as “County"), and Construction Manager at Risk: Turner Construction Company (hereinafter referred to as “Construction Manager at Risk”). The above-cited parties are collectively referred to as “the parties to this Agreement” or “the parties.”

The following sections are amended and restated: Page 3 3.11 Construction Manager and Owner agree to delete the last 2 sentences and add replace with: “The Monthly Salary Rates in Exhibit B shall be Fixed Rates. The Fixed Rates will be prorated and applied to the actual audited hours expended each month for each salaried personnel assigned to the Project.” Page 3 3.25 Construction Manager and Owner agree to replace the Paragraph with: ““Fixed Rate” means an unauditable rate, usually expressed by a percentage or an amount per month or hour that will not fluctuate or vary over the term of this Agreement. Fixed Rates shall be applied to auditable actual hours expended or to the auditable CCL amounts.”

Page 22 13.5.2 Construction Manager and Owner agree to modify the language in the first line from “Exhibit C” to “Exhibit B”. This is a correction of an original error in document. Page 16 11.1 Construction Manager and Owner agree to replace the entire Paragraph with: “Payments for Pre-Construction Phase Services shall be made in the following format:

• 1/3 billable upon completion of SD Estimate Completion • 1/3 billable upon completion of DD Estimate Completion • 1/3 billable upon completion of GMP Acceptance”

Page 36 23.3 Construction Manager and Owner agrees to replace the line “Construction Manager at Risk General Conditions: 4.73%” to “Pursuant to Exhibit B”. This modification confirms the CCL at $78,038,907, two distinct Project site locations and duration of 29 overall month schedule of construction.

65

Page 37 23.5 Time of Completion. Construction Manager agrees to modify lines 7 and 8 of this paragraph as follows “within 29 months (365 days / 12 months = 30.4 days x 29 months = 882 days) eight hundred and eighty two (882) Calendar Days”.

Page 38 23.9 EXHIBITS Exhibit A – Personnel Titles and Roles attached hereto shall be incorporated into the Agreement Exhibit B – Allowable General Conditions attached hereto shall be incorporated into the Agreement Exhibit E – Project Overall Schedule attached hereto shall be incorporated into the Agreement

EXCEPT FOR THE ABOVE MODIFICATION, ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN UNCHANGED, UNLESS PROPERLY MODIFIED BY SUBSEQUENT AMENDMENT UNDER THE TERMS OF THE AGREEMENT. This 2nd Amendment to the Agreement hereby executed this 11th day of July, 2017, as is evidenced by the authorized signatures of the Parties, below.

CONSTRUCTION MANAGER AT RISK COUNTY ______________________________________ ____________________________________ MIKE J. KAIMAN HAYS COUNTY, TEXAS VICE PRESIDENT/OFFICER BERT COBB, M.D. TURNER CONSTRUCTION COMPANY HAYS COUNTY JUDGE ATTEST: ___________________________________ LIZ Q. GONZALEZ HAYS COUNTY CLERK

66

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67

ExhibitB

ALLOW ABLE COSTS FOR GENERAL CONDITIONS

FIXED LUMP SUM AMOUNT OF $4,000,000 which wi ll be billed as Fixed Rates. The Fixed Rates will be prorated and applied to the actual audited hours expended each month for each salaried personnel assigned to the Project.

Role Wrk Pkg Total Monthly Fixed Rate

Units Unit

1 Project Executive Both 8 25,000 200,000

2 General Superintendent Both 8 18,900 151,200

3 Senior Project Manager Ja ii 29 18,000 522,000

4 Project Manager PSB 17 18,000 306,000

5 Superintendent PSB 14 18,900 264,600

6 Superintendent Ja ii 23 18,900 434,700

7 Assistant Superintendent Jail 19 12,000 228,000

8 Project Engineer PSB 18 14,500 261,000

9 Project Engineer Jail 27 14,500 391,500

10 Assistant Project Engineer PSB 10 10,150 101,500

11 Assistant Project Engineer Jail 19 10,150 192,850

12 MEP Superintendent Both 24 19,000 456,000

13 Scheduler Both 5 12,000 59,830

14 Intern/ Field Office Support Both 14 3,430 48,020

15 Field Office/ Office Supplies Both 29 13,200 382,800

TOTAL 4,000,000

Project Management Staff (including Benefits (EBE) and business equipment needed to perform work (vehicles, computers, (software /Microsoft & Blue Beam), phones, per Diem and travel))

• Includes Project Executive, Senior Project Manager, Project Manager(s), Ass istant Project Engineer(s), Project Engineer(s), MEP Spec ialist, Assistant Superintendent(s), BIM Services, CPM Scheduler, Superintendent(s) and General Superintendent.

• Excludes Safety and Security Manager/Medic/Coordinator which wi ll be a Cost of Work item which wi ll be provided by CMAR at a Fixed Rate of $13 ,836/month .

• Excludes Layout Engineer(s) which will be a Cost of Work item which will be provided by CMAR at a Fixed Rate of $12,000/month .

Bonds & Insurance - To be reimbursed pursuant to Article 23 .3

Temporary Project Uti lities - The following shall be reimbursed as a General Requirement Cost of Work and shall NOT be cons idered an Allowable General Cond itions Cost:

• Dumpsters • Project and CMAR Trailer Electricity • Street Barricades Rental • Fencing and Covered Walkways

68

• Temporary Water Distribution and Meters • Temporary Electrical Distribution and Meters • Site Erosion Control (BMP) and Project Entrance(s) • Temporary Toilets • Temporary Fire Protection

Field Offices/ Supplies/ Misc. • Job PhotosNideos • Project Specific Signage • CMAR Postage/Special Shipping • Project/As-Built (Record) Drawings • CMAR Move-In/Out and Office Setup • Turner Employee Identification System • Monthly Office / Trailer Rental Costs - For Construction Manager Personnel Only - All Project

Specific Temporary Trailers shall be a Cost of Work or Subcontractor Direct Cost • Monthly Telephone / Internet Service for CMAR Office Trai ler • First Aid Supplies • CMAR Reproduction Services • Monthly CMAR Office Supp lies • Security System/Watchman - For CMAR Trai ler. Security System/Fencing/Watchman for the

Project shall be a Cost of Work. • Safety Material and Equipment for CMAR Personnel • Drinking Water and Accessories (including Ice) - For Construction Manager Personnel On ly - All

Project Specific Drinking Water and Accessories shall be a Cost of Work • Office Clean-Up/Janitorial Services - For Construction Manager Trai ler Only - All Project Specific

Clean Up/ Janitorial Services shall be a Cost of Work • General Cleanup and Final Cleanup - For Construction Manager Trai ler Only -All Project Specific

General Cleanup and Final Cleanup shall be a Cost of Work

End of Exhibit

69

Exhibit E

PROJECT OVERALL SCHEDULE

The major "Work Packages" for the construction of the project are identified below they are based on a total construction duration of Twenty Nine (29) months. These packages will be further delineated by specific schedules for each as the GMP packages are accepted:

• Jail Phase 1 - Six (6) months for the construction of the Fleet Maintenance /Warehouse and Temporary Crime Laboratory and Sitework including onsite/offsite utilities infrastructure

• Jail Addition and Renovation - Twenty Three (23) months total o Jail Phase 2 - Nineteen (19) months for the construction of the Jail addition and Training

Facility o Jail Phase 3 - Four ( 4) months for the renovation of existing spaces within the current Jail

• PSB (Pub lic Safety Building) - Eighteen Months (18) for the construction of the new facility for the EOC and 911 Center this work wi ll be concurrent with Jai l Phase 2 above

End of Exhibit

70




AGENDA ITEM

Authorize the County Judge to execute a Statement of Work (SOW) and updated Quotes with Taser, International for deployment and installation of the Axon In-Car Camera Products for County law enforcement vehicles.




AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY 26B56B86B116B146B176B206B236B266BFunds were budgeted during the FY 2016 and 2017 budget process to convert the Sheriff's Office and Constable's Patrol vehicles to the Axon Fleet In-Car Camera Systems. Due to a high demand, this product is now ready to deploy and install in the law enforcement vehicles. Taser, International requires the county to execute the Statement of Work and updated quotes in order to proceed with the installation. The IT department has reviewed the statement of work and has identified and corrected the equipment needs to ensure that the implementation and installation will interface with other county software. No additional funds are needed. 27B57B87B117B147B177B207B237B267BAttachments: 28B58B88B118B148B178B208B238B268BTaser Intl SOW 29B59B89B119B149B179B209B239B269BTaser Intl Quotes (6 - SO and 5 Constables)

71

STATEMENT OF WORK & CONFIGURATION DOCUMENT

This document details a proposed system design

Sold By:

Desgined By:

Installed By:

Paul StrozierMarvin England

Axon

Hays County

Axon Fleet In-Car Recording Platform

Agency Created For:

72

SITE NAME CUSTOMER NAME

Total Configured Vehicles• 90

Video Capture Sources Axon Camera• 180• 1 Axon Signal Unit(s) Per Vehicle

Mobile Data Terminal Per Vehicle• 1 Located In Each Vehicle Signal Unit

Mobile Router Per Vehicle• 1

Offload Mechanism• In-Car Router

Evidence Management System• Evidence.com

Battery Box

Vehicle Hardware2211 Cradlepoint Antenna will be installed on each vehicle

1

Hays County

Cradlepoint IBR1100LP6 Series

Total Cameras Deployed

Total Vehicles with this Configuration

Headquarters

VEHICLE OVERVIEW

Vehicle Hardware

Axon Battery BoxesEach battery box will provide power to its connected camera for up to 4 hours, to allow for video offload while the vehicle is in an off state.

Mobile Data Terminal Each vehicle will be equiped with a Mobile Data Terminal

SYSTEM CONFIGURATION DETAILSThe following sections detail the configuration of the Axon Interview recording system

Mobile Data Terminal Requirements

Operating System: Windows 7 or Windows 10 - x32 or x64Hard Drive: Must have 25GB+ of free disk spaceRAM/Memory: Windows 7 - 4GB or greater | Windows 10 - 8GB or greaterEthernet Port: The system requires the MDT to have one dedicated and available Ethernet port reserved for an Ethernet cable from router. The Ethernet port can be located on an electronic and stationary mobile docking station. If a docking station is used, it is the preferred location for the Ethernet port.Wi-Fi Card: The system requires an 802.11n compatible Wi-Fi card using 5Ghz band.USB Ports: If the computer is assigned to the officer and does not remain with the vehicle, then the number dongles ordered should equal the number of officers or the number of computers assigned. At least one dedicated and available USB 2.0 port for the Fleet USB dongle USB Port on MDT or Dock.

Signal Activation Methods

4G / Cellular

Axon Fleet Cameras will be installed in each vehicleAxon Fleet Battery Boxes will be installed in each vehicleAxon Signal Units will be installed in each vehicle

When triggered, the Axon Signal Unit (ASU) will activate the recording mechanism of all Axon cameras within 30 feet of the vehicle.

Cradlepoint IBR1100LP6 Series router will be installed in each vehicle

A recording trigger will occur when the Axon Signal Unit detects a change in voltage on a terminal. All Axon cameras within 30 feet of the triggered Axon signal unit will begin recording.

73

Axon will provide the following router for all vehicles:

1809090

Network Considerations

AXON will assign a Project Manager that will provide the expertise to execute a successful Fleet camera deployment and implementation. The Project Manager will have significant knowledge and experience with all phases of the project management lifecycle and with all application modules being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and on budget.

Project Management

Project Management & Training

Hardware Provisioning

TrainingAXON will provide on-site training to lead the AXON Fleet deployment. End-user go-live training and support: This training provides individual device set up and configuration assistance, training on device use, Evidence.com and AXON View XL.

Network Consideration Agreement

Network Consideration Agreement If the network provided by Hays County does not meet the minimum requirement, or in the event of a

requested change in scope of the project, a Change Order will be required and additional fees may apply.

Hays County acknowledges the minimum requirements for the network to support this Statement of Work.All Axon employees performing services under this SOW are CJIS certified.

The customer will ensure that their cellular contract does not allow for data throttling, or service denial, once a set data threshold is met. Throttling or denial of service will negatively affect Fleet upload capabilities.

The Cradlepoint IBR1100LP6 Series will be the connection which allows 4G upload of recorded video content.

Cradlepoint IBR1100LP6 SeriesHardware Provisioning

Cradlepoint IBR1100LP6 Series

IP Addressing

The Cradlepoint IBR1100LP6 Series will create a dedicated 5Ghz WiFi network within each vehicle. This network will join the Axon Fleet cameras and Mobile Data Terminal together.

In-Car Network Considerations

Network Requirements

Network Addressing

Total IPs Required

The customer will provide all 4G sim cards as required by their mobile provider.The MDT's 4G connection will facilitate the upload of recorded video content.

If the customer has a MiFi hotspot, embedded cellular, or USB 4G, then the customer must purchase a Cradlepoint router with an external antenna and Cradlecare.For agencies that use NetMotion Mobility, Axon traffic must be passed through; such that it does not use the Mobility VPN tunnel.

Axon to provide Fleet Cameras, Axon Signal Units and Battery Boxes

The customer will provide an MDT for each vehicle

4G / Cellular Offload Considerations

Additional Considerations

Customer to provide all IP addressing and applicable network information

360

Hardware Provisioning

Axon Fleet CamerasMobile Data Terminal

74

Date:

TASER International, Inc.’s Sales Terms and Conditionsfor Direct Sales to End User Purchasers

Title:

Signature:

Name (Print):

By signing this Statement of Work, you are agreeing to the items set forth in this document and TASER’s Master Services & Purchasing Agreement posted at https://www.taser.com/sales-terms-and-conditions. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign Statement of Work.

Changes to the scope of this SOW must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties.

75

Axon Enterprise, Inc.Protect Life.

17800 N 85th St.Scottsdale, Arizona 85255United StatesPhone: (800) 978-2737Fax: (480) 991-0791

Marva Pearce(512) 749-1185(512) [email protected]

QuotationQuote: Q-67210-6

Date: 7/6/2017 11:59 AM Quote Expiration: 8/1/2017

Contract Start Date*: 8/1/2017 Contract Term: 5 years

AX Account Number:112056

Bill To:Hays County Auditor Office712 South Stagecoach Trail, Suite 1071San Marcos, TX 78666US

Ship To:Hays County Information TechnologyATTN: Marva Pearce712 South Stagecoach Trail, Suite 1206San Marcos, Texas 78666

US

SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHODAndrew Grayson 800-978-2737 [email protected] Fedex - Ground Net 30

*Note this will vary based on the shipment date of the product.Axon Fleet Pre-OrderThank you for your interest in Axon! This pre-order is a commitment to purchase Axon Fleet. Axon Fleet will be available for delivery sometime in 2017. Youwill be notified if there are any delays. Axon reserves the right to make product changes without notice.

Axon Fleet System CompatibilityAdditional costs may be incurred by the customer related to installing or optimizing their wireless infrastructure in order to achieve the desired wirelessdownload speeds, access point coverage, bandwidth or network stability. These costs are solely the responsibility of the customer.

Year 1 - Due Net 30

QTY ITEM # DESCRIPTION UNITPRICE

TOTAL BEFOREDISCOUNT

DISCOUNT ($) NET TOTAL

132 74003 CAMERA SYSTEM, AXON FLEET USD 399.00 USD 52,668.00 USD 19,734.00 USD 32,934.00

132 71022 FLEET CABLE ASSEMBLY, POWER USD 0.00 USD 0.00 USD 0.00 USD 0.00

132 74025 AXON FLEET MOUNT ASSEMBLY USD 0.00 USD 0.00 USD 0.00 USD 0.00

66 70112 AXON SIGNAL UNIT USD 0.00 USD 0.00 USD 0.00 USD 0.00

66 74027 Axon Fleet Dongle USD 14.95 USD 986.70 USD 986.70 USD 0.00

2 87032 4 YEAR EXTENDED WARRANTY AXONFLEET

USD 0.00 USD 0.00 USD 0.00 USD 0.00

66 85163 UNLIMITED EVIDENCE.COM FLEET:YEAR 1 PAYMENT

USD 78.00 USD 5,148.00 USD 0.00 USD 5,148.00


USD 0.00 USD 0.00 USD 0.00 USD 0.00

Page 1 of 3

76




132 71023 FLEET CABLE ASSEMBLY, BATTERYBOX TO CAMERA

USD 0.00 USD 0.00 USD 0.00 USD 0.00

66 71024 FLEET CABLE ASSEMBLY, ASU POWER USD 0.00 USD 0.00 USD 0.00 USD 0.00

132 74024 BATTERY SYSTEM, AXON FLEET USD 129.95 USD 17,153.40 USD 17,153.40 USD 0.00

66 74063 STANDARD FLEET INSTALLATION (PERVEHICLE)

USD 600.00 USD 39,600.00 USD 24,600.18 USD 14,999.82

66 74110 CABLE, CAT6 ETHERNET 25 FT, FLEET USD 19.00 USD 1,254.00 USD 1,254.00 USD 0.00

66 11510 Cradlepoint Router - IBR1100LP6 USD 660.00 USD 43,560.00 USD 43,560.00 USD 0.00

66 11511 ROUTER ANTENNA, FLEET USD 220.00 USD 14,520.00 USD 14,520.00 USD 0.00

66 11521 Cradlepoint - Enterprise Cloud Manager Prime+ CradleCare, 5

USD 11.67 USD 770.22 USD 770.22 USD 0.00

Year 1 - Due Net 30 Total Before Discounts: USD 175,660.32

Year 1 - Due Net 30 Discount: USD 122,578.50

Year 1 - Due Net 30 Net Amount Due: USD 53,081.82

Year 2 - Due in 2017





USD 468.00 USD 30,888.00 USD 0.00 USD 30,888.00

Year 2 - Due in 2017 Total Before Discounts: USD 30,888.00

Year 2 - Due in 2017 Net Amount Due: USD 30,888.00






USD 468.00 USD 30,888.00 USD 0.00 USD 30,888.00








USD 468.00 USD 30,888.00 USD 0.00 USD 30,888.00








USD 468.00 USD 30,888.00 USD 0.00 USD 30,888.00



Page 2 of 3

77

Subtotal USD 176,633.82

Estimated Shipping & Handling Cost USD 395.21

Grand Total USD 177,029.03

Axon Body 2 Shipping Axon Body 2 is available for delivery between 8-10 weeks after purchase date. You will be notified if there are any delays. Axon reserves the right to makeproduct changes without notice.

Unlimited Axon Fleet License Includes:

• Evidence.com Pro License• Extended warranty coverage on Axon Fleet cameras for the duration of the contract term• Unlimited Storage for files uploaded from your Axon Fleet cameras

AXON Fleet is included on the Texas Buy Board #500-15 contract.

Axon Enterprise, Inc.’s Sales Terms and Conditions

for Direct Sales to End User Purchasers

By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon’s MasterServices and Purchasing Agreement posted at www.axon.com/legal. You represent that you are lawfully able to enter into contracts and if you are entering intothis agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bindthat entity. If you do not have this authority, do not sign this Quote.

Signature:

/s1/ Date:

/d1/

Name (Print):

/n1/ Title:

/t1/

PO# (if needed):

/p1/

Quote: Q-67210-6

Please sign and email to Andrew Grayson at [email protected] or fax to (480) 991-0791

THANK YOU FOR YOUR BUSINESS!

‘Protect Life’© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S.

© 2013 Axon Enterprise, Inc. All rights reserved.

Page 3 of 3

78

https://www.axon.com/legal/sales-terms-and-conditions





Date: 7/6/2017 12:00 PM Quote Expiration: 8/1/2017




Ship To:

US

SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHODKyle Panasewicz (480) 905-2071 [email protected] Fedex - Ground Net 30



Year 1 Evidence.com + Hardware





10 74025 MOUNT ASSEMBLY, AXON FLEET USD 0.00 USD 0.00 USD 0.00 USD 0.00


10 74024 BATTERY SYSTEM, AXON FLEET USD 0.00 USD 0.00 USD 0.00 USD 0.00



USD 78.00 USD 390.00 USD 0.00 USD 390.00


USD 0.00 USD 0.00 USD 0.00 USD 0.00


Page 1 of 3

79





USD 0.00 USD 0.00 USD 0.00 USD 0.00



USD 600.00 USD 3,000.00 USD 3,000.00 USD 0.00




USD 11.67 USD 58.35 USD 58.35 USD 0.00

Year 1 Evidence.com + Hardware Total Before Discounts: USD 11,838.35

Year 1 Evidence.com + Hardware Discount: USD 8,953.35

Year 1 Evidence.com + Hardware Net Amount Due: USD 2,885.00

Year 2 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00

Year 2 Evidence.com Total Before Discounts: USD 2,340.00

Year 2 Evidence.com Net Amount Due: USD 2,340.00

Year 3 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Year 4 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Year 5 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00






Page 2 of 3

80

Axon Body 2 Shipping

Axon Body 2 is available for delivery between 8-10 weeks after purchase date. You will be notified if there are any delays. Axon reserves the right to makeproduct changes without notice.



Axon Enterprise, Inc.’s Sales Terms and Conditionsfor Direct Sales to End User Purchasers


Signature:

/s1/

Date:

/d1/

Name (Print):

/n1/

Title:

/t1/

PO# (if needed):

/p1/

Quote: Q-82083-4

Please sign and email to Kyle Panasewicz at [email protected] or fax to (480) 658-0673




Page 3 of 3

81


17800 N 85th St.Scottsdale, Arizona 85255United StatesPhone: (800) 978-2737Fax:







Ship To:

US

SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHODPaul Strozier [email protected] Fedex - Ground Net 30



Year 1 Due Net 30










USD 78.00 USD 468.00 USD 0.00 USD 468.00


USD 0.00 USD 0.00 USD 0.00 USD 0.00


Page 1 of 3

82





USD 0.00 USD 0.00 USD 0.00 USD 0.00



USD 600.00 USD 3,600.00 USD 3,600.00 USD 0.00

6 11510 Cradlepoint Router - IBR1100LP6 USD 660.00 USD 3,960.00 USD 2,166.00 USD 1,794.00



USD 11.67 USD 70.02 USD 70.02 USD 0.00

6 74110 CABLE, CAT6 ETHERNET 25 FT, FLEET USD 19.00 USD 114.00 USD 114.00 USD 0.00

Year 1 Total Before Discounts: USD 14,320.02

Year 1 Discount: USD 9,064.02

Year 1 Net Amount Due: USD 5,256.00

Year 2





USD 468.00 USD 2,808.00 USD 0.00 USD 2,808.00



Year 3





USD 468.00 USD 2,808.00 USD 0.00 USD 2,808.00



Year 4





USD 468.00 USD 2,808.00 USD 0.00 USD 2,808.00



Year 5





USD 468.00 USD 2,808.00 USD 0.00 USD 2,808.00



Page 2 of 3

83








This quote assumes that all officers using Fleet vehicles already have Evidence.com user licenses under current Officer Safety Plan/BWC program. If thecustomer needs additional user licenses, they will need to be purchased.

This quote is for initial hardware, and licenses only, customer will not be receiving TAP with this program.

This quote is for budgetary purposes only. Official quote can be provided upon completion of SOW and scope has been established.



Signature:

/s1/

Date:

/d1/

Name (Print):

/n1/

Title:

/t1/

PO# (if needed):

/p1/

Quote: Q-103210-3

Please sign and email to Paul Strozier at [email protected] or fax to




Page 3 of 3

84



Marva Pearce(512) [email protected]






Ship To:

US




Year 1 Evidence.com










USD 78.00 USD 390.00 USD 0.00 USD 390.00


USD 0.00 USD 0.00 USD 0.00 USD 0.00


Page 1 of 3

85





USD 0.00 USD 0.00 USD 0.00 USD 0.00



USD 600.00 USD 3,000.00 USD 3,000.00 USD 0.00





USD 11.67 USD 58.35 USD 58.35 USD 0.00


Year 1 Evidence.com Discount: USD 9,048.35


Year 2 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Year 3 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Year 4 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Year 5 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Page 2 of 3

86










Signature:

/s1/

Date:

/d1/

Name (Print):

/n1/

Title:

/t1/

PO# (if needed):

/p1/

Quote: Q-82089-3





Page 3 of 3

87



Marva Pearce(512) [email protected]






Ship To:

US




Year 1 Evidence.com + Hardware










USD 78.00 USD 390.00 USD 0.00 USD 390.00


USD 0.00 USD 0.00 USD 0.00 USD 0.00


Page 1 of 3

88





USD 0.00 USD 0.00 USD 0.00 USD 0.00



USD 600.00 USD 3,000.00 USD 3,000.00 USD 0.00





USD 11.67 USD 58.35 USD 58.35 USD 0.00

Year 1 Evidence.com + Hardware Total Before Discounts: USD 11,933.35

Year 1 Evidence.com + Hardware Discount: USD 9,048.35

Year 1 Evidence.com + Hardware Net Amount Due: USD 2,885.00

Year 2 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Year 3 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Year 4 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Year 5 Evidence.com





USD 468.00 USD 2,340.00 USD 0.00 USD 2,340.00



Page 2 of 3

89










Signature:

/s1/

Date:

/d1/

Name (Print):

/n1/

Title:

/t1/

PO# (if needed):

/p1/

Quote: Q-82061-3





Page 3 of 3

90






17800 N 85th St.Scottsdale, Arizona 85255United StatesPhone: (800) 978-2737Fax:


Ship To:

US

SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHODPaul Strozier [email protected] Fedex - Ground Net 30



Year 1 Due Net 30




6 74003 CAMERA SYSTEM, AXON FLEET USD 399.00 USD 2,394.00 USD 897.00 USD 1,497.00






USD 78.00 USD 234.00 USD 0.00 USD 234.00


USD 0.00 USD 0.00 USD 0.00 USD 0.00


Page 1 of 3

91





USD 0.00 USD 0.00 USD 0.00 USD 0.00



USD 600.00 USD 1,800.00 USD 1,800.00 USD 0.00



3 11511 ROUTER ANTENNA, FLEET USD 220.00 USD 660.00 USD 660.00 USD 0.00


USD 11.67 USD 35.01 USD 35.01 USD 0.00


Year 1 Discount: USD 4,532.01


Year 2





USD 468.00 USD 1,404.00 USD 0.00 USD 1,404.00



Year 3





USD 468.00 USD 1,404.00 USD 0.00 USD 1,404.00



Year 4





USD 468.00 USD 1,404.00 USD 0.00 USD 1,404.00



Year 5





USD 468.00 USD 1,404.00 USD 0.00 USD 1,404.00



Page 2 of 3

92








This quote assumes that all officers using Fleet vehicles already have Evidence.com user licenses under current Officer Safety Plan/BWC program. If thecustomer needs additional user licenses, they will need to be purchased.

This quote is for initial hardware, and licenses only, customer will not be receiving TAP with this program

This quote is for budgetary purposes only. Official quote can be provided upon completion of SOW and scope has been established.



Signature:

/s1/

Date:

/d1/

Name (Print):

/n1/

Title:

/t1/

PO# (if needed):

/p1/

Quote: Q-103192-4

Please sign and email to Paul Strozier at [email protected] or fax to




Page 3 of 3

93




AGENDA ITEM

SUB-776 Cavallo Park Subdivision (1 Lot). Discussion and possible action to approve preliminary plan.


ACTION-SUBDIVISIONS July 11, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Pacheco WHISENANT N/A

SUMMARY 25B52B79B106B133B160B187B214B241BThe proposed Cavallo Park Subdivision is a 1 lot subdivision located off of Trail Driver in Precinct 4. 26B53B80B107B134B161B188B215B242BThe subdivision will be served by WTCPUA and rainwater collection. Wastewater service will be provided by individual on-site sewage facilities.

94

95




AGENDA ITEM

SUB-764 Abigail Meadows Subdivision (8 Lots). Discussion and possible action to approve preliminary plan.


ACTION-SUBDIVISIONS July 11, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Pacheco JONES N/A

SUMMARY 25B52B79B106B133B160B187B214B241BThe proposed Abigail Meadows Subdivision is a 8 lot subdivision located off of FM 2001 in Precinct 2. 26B53B80B107B134B161B188B215B242BThe subdivision will be served by GoForth Water Supply and wastewater service will be provided by individual on-site sewage facilities.

96

N.T.S.

GOFO

RTH RD

ROHDE RD

GRAE

F RD

FM 2001

STAT

E HWY 2

1 NIEDERWALD, TX

SITE

VICINITY MAP

GEOMATICSSURVEYING AND MAPPING

10415 Old Manchaca Rd, #202, Austin, TX 78748

(512) 917-0184

TBPLS FIRM REGISTRATION No. 10194101

Page 1 of 2

ABIGAIL MEADOWSA SUBDIVISION OF 40.00 ACRES

OUT OF THE O.G. EELS SURVEY, ABSTRACT No. 167HAYS COUNTY, TEXAS

"PRELIMINARY"This Document shall not be recorded

for any purposeKNOW ALL MEN BY THESE PRESENTS:

THAT LEISSNER RANCH JOINT VENTURE ACTING HEREIN BY AND THROUGH ITS MEMBERZACHARY L. POTTS, OWNER OF 40.00 ACRES OF LAND IN THE O.G. EELS SURVEY, ABSTRACTNo. 167, SITUATED IN HAYS COUNTY TEXAS, AS CONVEYED BY DEED RECORDED ASINSTRUMENT No. 2016-16019922 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,DO HEREBY SUBDIVIDE SAID 40.00 ACRES TO BE KNOWN AS: ABIGAIL MEADOWS INACCORDANCE WITH THE MAP OR PLAT SHOWN HEREON, SUBJECT TO ANY EASEMENTS ORRESTRICTIONS HERETOFORE GRANTED AND NOT RELEASED AND DO HEREBY GRANT TO THEPUBLIC THE USE OF THE STREETS SHOWN HEREON.

WITNESS MY HAND THIS _____ DAY OF _________________, 20____, A.D.

_____________________________________________________ZACHARY L. POTTS, LEISSNER RANCH JOINT VENTUREPO BOX 1249SAN MARCOS, TEXAS 78667(512) 396 -5115

BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEAREDZACHARY L. POTTS, KNOWN BY ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TOTHIS INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED SAME IN SAIDCAPACITY FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED.

GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF _____________________,20____ A.D.

___________________________________NOTARY PUBLIC, STATE OF TEXAS

I, LIZ GONZALEZ, COUNTY CLERK OF HAYS COUNTY, TEXAS, DO HEREBY CERTIFY THAT ONTHE_______ DAY OF ____________________________ A.D., 20____, THE COMMISSIONERS COURTOF HAYS COUNTY, TEXAS PASSED AN ORDER AUTHORIZING THE FILING FOR RECORD OFTHIS PLAT AND SAID ORDER HAS BEEN DULY ENTERED IN THE MINUTES OF SAID COURT IN

INSTRUMENT No. _______________________,

BERT COBB, M.D. LIZ GONZALEZCOUNTY JUDGE COUNTY CLERKHAYS COUNTY, TEXAS HAYS COUNTY, TEXAS

I, LIZ GONZALEZ, COUNTY CLERK OF HAYS COUNTY, TEXAS, DO HEREBY CERTIFY THAT THISPLAT WAS FILED FOR RECORD IN MY OFFICE ON THE

____ DAY OF ____________________________, 20____, AT ____ O'CLOCK ___. M., AND DULYRECORDED ON

THE ____ DAY OF _____________________________, AT ____ O'CLOCK ____.M., IN THE PLATRECORDS OF

HAYS COUNTY, TEXAS AS INSTRUMENT No. _______________________.

__________________________________________LIZ GONZALEZCOUNTY CLERKHAYS COUNTY, TEXAS

NO STRUCTURE IN THIS SUBDIVISION SHALL BE OCCUPIED UNTIL CONNECTED TO ANINDIVIDUAL WATER SUPPLY OR A STATE APPROVED COMMUNITY WATER SYSTEM. DUE TODECLINING WATER SUPPLIES AND DIMINISHING WATER QUALITY, PROSPECTIVE PROPERTYOWNERS ARE CAUTIONED BY HAYS COUNTY TO QUESTION THE SELLER CONCERNING GROUNDWATER AVAILABILITY. RAIN WATER COLLECTION IS ENCOURAGED AND IN SOME AREAS MAYOFFER THE BEST RENEWABLE WATER RESOURCE.

NO STRUCTURE IN THIS SUBDIVISION SHALL BE OCCUPIED UNTIL CONNECTED TO A PUBLICSEWER SYSTEM OR TO AN ON-SITE WASTEWATER SYSTEM WHICH HAS BEEN APPROVED ANDPERMITTED BY HAYS COUNTY DEVELOPMENT SERVICES.

NO CONSTRUCTION OR OTHER DEVELOPMENT WITHIN THIS SUBDIVISION MAY BEGIN UNTIL ALLHAYS COUNTY DEVELOPMENT AUTHORIZATION REQUIREMENTS HAVE BEEN SATISFIED.

TOM POPE C.F.M. R.S. DATEHAYS COUNTY FLOODPLAIN ADMINISTRATOR

ROXIE McGINNIS DATEDIVISION MANAGER HAYS COUNTY DEVELOPMENT SERVICES

BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN "ZONE X" AND "ZONE A" ACCORDING TO THEFEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITYPANEL No. 48209C0295F, WHICH BEARS AND EFFECTIVE DATE OF SEPTEMBER 02, 2005.

TOTAL SUBDIVISION ACREAGE = 40.00 AC.TOTAL NUMBER OF LOTS = 8NUMBER OF LOTS LARGER THAN 10 ACRES: 0NUMBER OF LOTS LARGER THAN 5 ACRES AND SMALLER THAN 10 ACRES: 8

PORTIONS OF THIS SUBDIVISION LIE WITHIN THE CITY LIMITS OF NIEDERWALD.

THIS SUBDIVISION DOES NOT FALL WITHIN THE CONTRIBUTING ZONE OR THE RECHARGE ZONEOF THE EDWARDS AQUIFER.

ELECTRIC - PEDERNALES ELECTRIC COOPERATIVEWATER - GOFORTH SPECIAL UTILITY DISTRICTSEWER - INDIVIDUAL ON-SITE SEWAGE FACILITIES

UNDER DEPARTMENT REGULATIONS, THIS SUBDIVISION IS EXEMPT FROM REQUIREMENTS TODEMONSTRATE THE AVAILABILITY OF WATER AND WASTEWATER SERVICE. FURTHERSUBDIVISION IS PROHIBITED FOR A DURATION OF 5 YEARS FOLLOWING THE FILING OF THIS PLAT.

IN ORDER TO PROMOTE SAFE USE OF ROADWAYS AND PRESERVE THE CONDITIONS OF PUBLICROADWAYS, NO DRIVEWAY CONSTRUCTED ON ANY LOT WITHIN THIS SUBDIVISION SHALL BEPERMITTED ACCESS ONTO A PUBLICLY DEDICATED ROADWAY UNLESS (A) A DRIVEWAY PERMITHAS BEEN ISSUED BY THE TRANSPORTATION DEPARTMENT OF HAYS COUNTY AND (B) THEDRIVEWAY SATISFIES THE MINIMUM SPACING REQUIREMENT FOR DRIVEWAYS SET FORTH INCHAPTER 721 OF HAYS COUNTY DEVELOPMENT REGULATIONS.

NOTES:1. Bearings and directional control based on the Texas State Plane Coordinate System, Texas South Central

Zone(4204) NAD83 (2011)2. Coordinates shown hereon are grid values, distances shown hereon have been scaled to surface by a dividing

the grid value by a Combined Scale Factor of 0.99991136.3. This plat is located within the boundary of the Hays Consolidated Independent School District.4. This plat is located within the boundary of Caldwell Hays Emergency Service District 1.

I, JEFFREY J. CURCI, REGISTERED PROFESSIONAL SURVEYOR No. 5516, DO HEREBYCERTIFY THAT THIS SURVEY PLAT IS TRUE AND CORRECT TO THE BEST OF MYKNOWLEDGE AND IS BASED ON AN ON THE GROUND SURVEY PERFORMED UNDER MYDIRECT SUPERVISION DURING THE MONTHS OF MAY - AUGUST, 2016.

_______________________________________ _____________________JEFFREY J. CURCI DATEREGISTERED PROFESSIONAL SURVEYORNo. 5516 - STATE OF TEXAS

Note: Preliminary. This document shall not be recorded for any purposes.I, Erin K. Banks, am authorized under the laws of the State of Texas to practicethe profession of engineering, and hereby certify that this plat is feasible from anengineering standpoint and is true and correct to the best of my knowledge.

________________________________________ Date: _________________Erin K. Banks, P.E.Texas Registration No. 84248Banks & Associates,820 Currie Ranch RoadWimberley, TX 78626(512) 801-9049FIRM F-2002

A DESCRIPTION OF A 40.00 ACRE TRACT OF LAND, LOCATED IN THE O.G. EELS SURVEY, ABSTRACT No. 167, OF HAYS COUNTY,TEXAS. SAID 40.00 ACRE TRACT, BEING A PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND DESCRIBED AS CONTAINING192.075 ACRES OF LAND IN A WARRANTY DEED WITH VENDOR'S LIEN, DATED JUNE 15, 2016, FROM ELEANOR PRESTON PULVERTO LEISSNER RANCH JOINT VENTURE, OF RECORD AS DOCUMENT No. 2016-16019922 OF THE OFFICIAL PUBLIC RECORDS OFHAYS COUNTY, TEXAS. SAID 40.00 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SURVEY PLAT, BEING MOREPARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS

BEGINNING, at a ½ inch iron rod in concrete, (Grid Coordinates = N 13922264.00, E 2361385.38) found monumenting the west corner of said192.075 acre tract, the northeast margin of Graef Road, also known as County Road 302, the southernmost corner of that certain tract or parcel of landdescribed as containing 2.11 acres of land in a deed dated October 14, 1953, from Lester and Izola Bowles to Hays County, Texas, of record in Volume157, Page 489, Deed Records of Hays County, Texas;

THENCE, N 43° 07'24” E, with the northwest line of said 192.075 acre tract, and the southeast line of said 2.11 acre tract, a distance of 609.06 feet to a½ inch iron rod with cap stamped “GEOMATICS 5516” found monumenting the intersection of the northwest line of said 192.075 acre tract with thecurving southeast right of way of FM 2001, a right of way 80 feet in width, as shown on a Texas Highway Department Plans, dated July 29, 1953,labeled State Project No. C 1776- 2- 1, an exterior angle point of the southernmost corner of that certain tract or parcel of land described as containing3.37 acres of land in a Right of Way Deed dated September 23, 1953, from Lester Bowles and wife to the State of Texas, of record in Volume 157,Page 415, Deed Records of Hays County, Texas, and the southernmost corner of that certain tract or parcel of land described as containing 3.46 acres ofland in a Right of Way Deed dated November 3, 1953, from Eleanor Parke Preston and W. B. Preston to the State of Texas, acting by and through theState Highway Commission, of record in Volume 158, Page 63, Deed Records of Hays County, Texas

THENCE, with said southeast right of way of said FM 2001, the southeast line of said 3.46 acre tract, and said northwest line of said 192.075 acretract, the following two courses:

1. Along a curve to the left, an arc distance of 186.67 feet, having a radius of 858.51 feet, having a central angle of 12° 27' 29”, and a chord whichbears, N 49° 28' 16” E, a distance of 186.30 feet to a TxDOT Type I concrete monument found, from which a TxDOT Type I monument foundmonumenting a point of tangency of the northwest right of way of said FM 2001 bears, N 46° 39' 13” W, a distance of 80.47 feet, and

2. N 43° 14' 31” E, a distance of 692.59 feet to a ½ inch iron rod with cap stamped “GEOMATICS 5516” set to monument said southeast right ofway of said FM 2001, and said northwest line of said 192.075 acre tract, from which a Type I TxDOT concrete monument found monumenting apoint of curvature in said southeast right of way of said FM 2001, and said northwest line of said 192.075 acre tract bears, N 43° 14' 31” E, adistance of 275.94 feet;

THENCE, departing said southwest right of way of said FM 2001, over and across said 192.075 acre tract, the following eleven courses:

1. S 03° 48' 01” E, a distance of 268.46 feet to a ½ inch iron rod with cap stamped “GEOMATICS 5516” set,









10. S 02° 23' 16” E, a distance of 85.16 feet to a ½ inch iron rod with cap stamped “GEOMATICS 5516” set, and

11. S 42° 57' 37” W, a distance of 1188.26 feet to a ½ inch iron rod with cap stamped “GEOMATICS 5516” set to monument the southwest line ofsaid 192.075 acre tract, and said northeast margin of said Graef Road, from which a ½ inch iron rod with cap stamped “GEOMATICS 5516”found monumenting an angle point in said southeast line of said 192.075 acre tract, and said northeast margin of said Graef Road bears, S 45° 34'49” E, a distance of 234.56 feet;

THENCE, with said southwest line of said 192.075 acre tract and said northeast margin of said Graef Road, the following three courses:

1. N 45° 34' 49” W, a distance of 268.72 feet to a ½ inch iron rod with cap stamped “GEOMATICS 5516” found,

2. N 46° 25' 49” W, a distance of 676.91 feet to a ½ inch iron rod with cap stamped “GEOMATICS 5516” found, and

3. N 44° 59' 53” W, a distance of 450.37 feet to the POINT OF BEGINNING of the herein described tract and containing 40.00 acres of land, moreor less.

LEGAL DESCRIPTION:

97

GRAEF R

OAD

(VARIABLE W

IDTH

R.O

.W.)

TYPE I

TYPE I

IN CONCRETE

TYPE I

POINT OF BEGINNINGGRID COORDINATESN: 13922264.00E: 2361385.38

O.G. EELS SURVEY

ABSTRACT No. 167

CHANNEL EASEMENTSVOL. 158, PG. 93

D.R.H.C.T.120' X 60'

JOINT ACCESSEASEMENT

N 46°25'49" W

676.91'N 44°59'53" W

450.37'

N 43°07'24" E 609.06'

N 43°32'59" E 711.63'

S 47°02'23" E 295.76'

717.25'

N 43°34'11" E 1186.17'

15' PUE

15' PUE15' PUE

15' PUE

50' PUE15' PU

E

292.78'

N 43°34'11" E 406.54'

S 46°25'49" E 514.06'

S 43°34'11" W 410.67'

30' PUE & D

E

15' PUE

15' PUE

15' PUE

456.92'

402.39'30' PUE & DE

15' PUE

0.457 ACRER.O.W. RESERVE

SEE DETAIL

15' PUE

30' PUE & DE

15' PUE

S 43°34'11" W 363.21'

N 46°25'49" W

604.55'

196.62'

15' PUE

15' PUE

15' PUE

15' PUE

15' PUE

S 46°25'49" E 521.72'

N 46°25'49" W

431.22'

S 46°28'43" E 587.03'

S 03°48'01" E 268.46'

15' PUE

0' 100' 200'

15' PUE

15' PUE

15' PUE S 46°28'47" E 1018.38'

S 43°34'11" W 423.60'

15' PUE

15' PUE

591.80'

S 22°02'18" E 176.48'

15' PUE

50' PUE

15' PUEN 43°33'37" E 329.21'

50' PUE

S 26°29'15" E 194.56'

N 46°28'43" W

529.45'15' PU

E

15' PUE

30' PUE & DE

S 43°34'11" W 351.90'

S 45°58'13" E 1395.80'

S 45°34'49" E 268.72'S 46°25'49" E 676.91'

0.457 ACRER.O.W. RESERVE

DETAIL

S 44°59'53" E 450.37'

514.07'

GRAPHIC SCALE: 1" = 100'

LEGEND: 1

2" IRON ROD TxDOT CONCRETE MONUMENT IRON ROD W/CAP (AS NOTED) IRON ROD W/CAP SET (GEOMATICS 5516) PUBLIC UTILITY EASEMENT DRAINAGE EASEMENT EXTRA TERRITORIAL JURISDICTION

PUEDEETJ

S 42°57'37" W 1188.26'

N 45°34'49" W

268.72'

C1C2 C340.79' 60.00'

L1L2

L3L4

S 55°07'04" E 330.25'L5

37.47'

63.90'68.49'

60.00'268.72'

68.26'34.59'

450.37'

L6

L7

N 43°14'31" E 275.94'

35' RESERVEDFOR FUTURE

R.O.W.

382.36'

L8 S 35°55'42" E 101.11'S 60°40'59" E 30.70'

S 42°11'28" E 344.26'

L10

S 33°14'22" E108.55'

S 09°54'52" W 53.27'

L8S 52°23'47" E 259.67'

L9

L9

L10

S 18°57'06" E 238.95'

S 42°27'36" E153.11'

S 28°47'40" E150.25'

149.63'

DRAINAGE EASEMENT

DRAINAGE EASEMENT

DRAINAGE EASEMENT

165.76'

313.21'

CITY LIM

ITS OF N

IEDER

WALD

E.T.J.

CITY LIMITS OF NIEDERWALDE.T.J.

N 43°14'31" E 692.59'

15' WITN

ESS CORNER

2" ALUM

INUM

CAP

GEOMATICSSURVEYING AND MAPPING

10415 Old Manchaca Rd, #202, Austin, TX 78748

(512) 917-0184

TBPLS FIRM REGISTRATION No. 10194101

Page 2 of 2

NOTES:1. Bearings and directional control based on the Texas State

Plane Coordinate System, Texas South CentralZone(4204) NAD83 (2011)

2. Coordinates shown hereon are grid values, distancesshown hereon have been scaled to surface by a dividingthe grid value by a Combined Scale Factor of 0.99991136.

ABIGAIL MEADOWSA SUBDIVISION OF 40.00 ACRESOUT OF THE O.G. EELS SURVEY,

ABSTRACT No. 167HAYS COUNTY, TEXAS

"PRELIMINARY"This Document shall not be recorded for any purpose

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AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Mariah and Ariana Rehmet for production services related to the 2015 Memorial Day Flood Documentary and amend the budget accordingly.


ACTION-MISCELLANEOUS July 11, 2017 $49,950

LINE ITEM NUMBER 141-676-00.5448

AUDITOR USE ONLY

AUDITOR COMMENTS:



Kate Johnson COBB N/A

SUMMARY 27B60B93B126B159B192B225B258B291BThe Historical Commission Director would like to secure services with the Rehmets to assist with production, editing and delivery of the 2015 Memorial Day Flood Documentary. Mrs. Johnson respectfully requests the court to authorize selection of this vendor without securing additional quotes as required by the purchasing policy. The vendor is well qualified in her field and was previously a resident of Wimberley. Her knowledge and expertise would be very beneficial for this project. 28B61B94B127B160B193B226B259B292BBudget Amendment: 29B62B95B128B161B194B227B260B293BDecrease General Supplies - ($6,669) 30B63B96B129B162B195B228B261B294BDecrease Miscellaneous - ($20,000) 31B64B97B130B163B196B229B262B295BDecrease Printing - ($4,000) 32B65B98B131B164B197B230B263B296BIncrease Contract Services - $30,669 (remaining $19,281 needed is already budgeted in contract services line item)

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Professional Services Agreement - Page 1 of 9

PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Mariah Rehmet and Ariana Rehmet (hereinafter “Contractors”), whose primary place of business is located at 1505 Travis Heights Blvd Austin, TX 78704 hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the 1st day of April, 2017 (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW The contractor shall provide production services to the Hays County Historical Commission in the form of writing, directing, photography, and editing of the documentary on the Memorial Day Flood of 2015. 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of Kate Johnson and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed on or about the 30th of June, 2018 (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business

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days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on a daily rate, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used as a reference only in the event of a change in the Scope of Services (i.e. Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed forty nine thousand nine hundred and fifty dollars ($49,950.00 USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251 and by sending payment to Contractor’s address stated in Section 8, below. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300 San Marcos, Texas 78666; fax 512-393-2282; [email protected] All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at: Ariana

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Rehmet 1505 Travis Heights Blvd Austin, TX 78704; [email protected]. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 10. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement. 11. SURVIVAL Notwithstanding any termination of this Agreement, the following Sections, and the terms and conditions contained therein, shall remain in effect: 2, 3, 4, 5, 10, 12, 14, 15, 16, 17, 18, 20, and 21. 12. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental

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Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy. 13. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible. 14. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties. 15. SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement, as well as Section 1, Entitled “Overview,” shall not enter in the interpretation of the terms and conditions contained herein, as those portions of the Agreement are included merely for organization and ease of review. The Exhibit(s) that may be referred to herein and may be attached hereto, are incorporated herein to the same extent as if fully set forth herein. 16. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party, a waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, right, or duty that arises under this Agreement shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Agreement. 17. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or action, whether in law or in equity, arising from this Agreement will be brought in Hays County, Texas. 18. ASSIGNMENT Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations under this Agreement, in whole or in part, without the other party’s prior written

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consent thereto. 19. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators. 20. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments. 21. WORK PRODUCT Any and all product, whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes. Signatures by the parties to this Professional Services Agreement follow on the next page.

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IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE. ___________________________ ___________________________ Hays County, Texas Contractor By: Bert Cobb M.D. By: Mariah Rehmet___________ Hays County Judge

___________________________ Contractor

By: Ariana Rehmet___________

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EXHIBIT A Scope of Work

Writing of Voice/Over narration scripts for documentaries. Directing of the scenes. Photography as required for interviews and still photography. Editing of picture and sound into a completed professional documentary. Music selection Narration selection Interview segments selection Mixing of soundtrack elements Delivery of a completed master tape.

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EXHIBIT B

Fee Schedule

Mariah Rehmet’s daily rate $500 to Direct and Edit Ariana Rehmet’s daily rate $300 to produce

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-- EXHIBIT “C” --

Additional Terms to the Services provided by Contractor, if any, are as follows: A. Travel expenses to be reimbursed B.______________________________________________________________________________________________________________________________ C.______________________________________________________________________________________________________________________________ D.______________________________________________________________________________________________________________________________ E.______________________________________________________________________________________________________________________________ F.______________________________________________________________________________________________________________________________ G.______________________________________________________________________________________________________________________________ H.______________________________________________________________________________________________________________________________ I.______________________________________________________________________________________________________________________________ J.______________________________________________________________________________________________________________________________ K.______________________________________________________________________________________________________________________________ L.______________________________________________________________________________________________________________________________

108




AGENDA ITEM

Discussion and possible action to consider naming two private driveways in precinct 3, Emma Ellis Way and Gwendolyns Trl.


ACTION-MISCELLANEOUS July 11, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Garza CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe owner of property located off RR 2325 in Precinct 3, would like to name their two private driveways, Emma Ellis Way and Gwendolyns Trl. The property owner has signed the request and has communicated with the Hays County GIS Analyst to coordinate 911 address assignment.

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RR 2325

TORO PASS

MUSTANG VALLEY TRL

LEDGEROCK RD

VAQUERO WAY

CAROL LN

ÜProposed Emma Ellis Way

and Gwendolyns Trl

Proposed Gwendolyns Trl

Proposed Emma Ellis Way

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AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute an affiliation agreement between Hays County and Rollins Brook Community Hospital.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY 24B49B74B99B124B149B174B199B224BA draft of the Affiliation Agreement is attached. Currently Hays County has an affiliation agreement with Central Texas Medical Center and Seton Medical Center. Rollins Brook is CTMC's sister hospital in Lampasas and is part of the Adventist Hospital network. Representatives of CTMC will be in attendance to explain the benefits of an affiliation with Rollins Brook.

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INDIGENT CARE AFFILIATION AGREEMENT BETWEEN HAYS COUNTY AND PAGE 1 METROPLEX ADVENTIST HOSPITAL, INC. D/B/A ROLLINS BROOK COMMUNITY HOSPITAL AUS-6391875-1

INDIGENT CARE AFFILIATION AGREEMENT BETWEEN HAYS COUNTY AND METROPLEX

ADVENTIST HOSPITAL, INC. D/B/A ROLLINS BROOK COMMUNITY HOSPITAL

This Indigent Care Affiliation Agreement (the Agreement) is entered into as of the ___ day of , 2017 (Effective Date), by and between by and between Hays County (the County) and Metroplex Adventist Hospital, Inc. d/b/a Rollins Brook Community Hospital (the Hospital).

R E C I T A L S:

WHEREAS, the Hospital provides a significant amount of uncompensated care to the Indigent in the communities it serves;

WHEREAS, reductions in reimbursement under the Medicaid program and the growing uninsured population have created a gap between the costs the Hospital incurs for treating Medicaid patients and the Indigent and the reimbursement the Hospital actually receives;

WHEREAS, the County and the Hospital recognize that the Indigent numbers in the County will continue to grow, and that the burden of providing health care to the Indigent will continue to shift to the Hospital, the County, and the local communities in the County;

WHEREAS, the Hospital and the County desire to collaborate to ensure that the Indigent have access to and receive quality health care services; and

WHEREAS, the County and the Hospital recognize that it is in their mutual best interest and in the best interest of the Indigent population of the County to increase Medicaid funding for the Medicaid population of the County and to access local and federal funding to which the Hospital is entitled under the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program (the Waiver Program);

NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and agreed, the parties agree as follows:

ARTICLE I DEFINITIONS

1.1 Health Care Services means those services necessary to enhance the delivery of health care to the Indigent, as defined in Section 1.2 of this Agreement.

1.2 Indigent means any person eligible to participate in a state Medicaid program, a hospital county program adopted under the Indigent Health Care and Treatment Act, as defined by the eligibility criteria described in Chapter 61 of the Texas Health and Safety Code, or a hospital charity care program.

1.3 Waiver Program means the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program, under which the County transfers Public Funds via intergovernmental transfer (IGT) to the Texas Health and

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Human Services Commission (HHSC) to generate the non-federal share of Waiver Program Payments, and the Hospital receives Waiver Program Payments from HHSC.

1.4 Waiver Program Payments means any Medicaid payments received by the Hospital in accordance with the Waiver Program.

1.5 Public Funds means public revenue, generated by the County, which the County agrees to transfer in part to HHSC via IGT to serve as the non-federal share of Waiver Program Payments.

ARTICLE II REPRESENTATIONS AND WARRANTIES

2.1 Hospital’s Representations and Warranties. The Hospital represents and warrants

that:

a. The Hospital is a Texas nonprofit corporation duly established and created pursuant to applicable law with all requisite power and authority to enter into this Agreement in all respects;

b. The execution, delivery, and performance by the Hospital of this Agreement are

within the Hospital’s powers, and are not in contravention of any other instruments governing the Hospital and have been duly authorized and approved by the Hospital to the extent required by applicable law;

c. Neither the Hospital, nor any of its representatives are (i) currently excluded,

debarred, or otherwise ineligible to participate in the Federal health care programs as defined in 42 U.S.C. § 1320a-7b(f) (the Federal health care programs); (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the Hospital, or any of its representatives from participation in Federal health care programs;

d. This Agreement has been duly and validly executed and delivered by the Hospital

and constitutes the valid, legal, and binding obligation of the Hospital, enforceable against the Hospital in accordance with its terms;

e. No funds derived from any Waiver Program Payment received by the Hospital have been or will be returned or reimbursed to the County;

f. No other funds have been used to reimburse the County in consideration of any

Waiver Program Payments paid to the Hospital;

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g. The Hospital will not use any of the Waiver Program Payments to fund any contingent fee arrangement or agreement or to pay for third-party consultant or legal services;

h. The Hospital has not entered and will not enter into any agreement with the

County to condition either the amount of the Public Funds transferred to HHSC via IGT by the County or the amount of Waiver Program Payments the Hospital receives on the amount of indigent care the Hospital has provided or will provide;

i. The Hospital has not entered and will not enter into any agreement with the

County to condition the amount of the Hospital’s indigent care obligation on either the amount of Public Funds transferred by the County to HHSC or the amount of Waiver Program Payments the Hospital may be eligible to receive;

j. Neither the Hospital nor any other entity acting on behalf of the Hospital has

made or agreed to make cash or in-kind transfers to the County other than transfers and transactions that:

(1) Are unrelated to the administration of the Waiver Program and/or the

delivery of indigent care services under this Agreement; (2) Constitute fair market value for goods and/or services rendered or

provided by the County to the Hospital; and

(3) Represent independent, bona fide transactions negotiated at arms-length and in the ordinary course of business between the Hospital and County; and

k. Neither the Hospital nor any other entity acting on behalf of the Hospital has:

(1) Taken assignment or agreed to take an assignment of a contractual or

statutory obligation of the County; or (2) Authorized or consented to the assumption of a statutory or contractual

obligation of the County by the Hospital or any other entity acting on behalf of the Hospital.

2.2 County Representations and Warranties. The County represents and warrants that:

a. It is a political subdivision of the State of Texas, duly established and created pursuant to the Texas Constitution, with all requisite power and authority to enter into this Agreement in all respects;

b. The execution, delivery, and performance by the County of this Agreement are within the County’s powers, are not in contravention of any other instruments governing the County and have been duly authorized and approved by the County Commissioners Court as and to the extent required by applicable law;

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c. Neither the County, nor any of its representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs; (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the County, or any of its representatives, from participation in Federal health care programs;

d. This Agreement has been duly and validly executed and delivered by the County and constitutes the valid, legal, and binding obligation of the County, enforceable against the County in accordance with its terms;

e. The County is legally authorized to and does receive ad valorem taxes, generate public revenue, or receive and expend appropriated public funds and will fund its obligations hereunder with such tax revenues;

f. The County has entered into this Agreement after a public meeting held in compliance with the Texas Open Meetings Act in Chapter 551 of the Texas Government Code at which a majority of the County Commissioners voted to execute this Agreement;

g. The County has transferred or has agreed to transfer Public Funds to HHSC via IGT for use as the non-federal share of Waiver Program Payments to the Hospital in accordance the Waiver Program;

h. All transfers of Public Funds by the County to HHSC to support the Waiver Program Payments to the Hospital under the Waiver Program comply with:

(1) The applicable regulations that govern provider-related donations codified at section 1903(w) of the Social Security Act (42 U.S.C. § 1396b(w)), and Title 42, Code of Federal Regulations, Part 433, subpart B, sections 433.52 and 433.54;

(2) The conditions approved by the federal Centers for Medicare and Medicaid Services (CMS) for governmental entities’ and private hospitals’ participation in the Waiver Program; and

(3) Such regulations established by HHSC pursuant to the Waiver Program;

i. The County does not and will not at any time receive any part of the Waiver Program Payments that are made by HHSC to the Hospital under the Waiver Program;

j. The County has not entered into a contingent fee arrangement related to the County’s participation in the Waiver Program;

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k. The County has not entered and will not enter into any agreement to condition either the amount of the Public Funds transferred by the County or the amount of the Waiver Program Payments the Hospital receive on the amount of indigent care the Hospital has provided or will provide;

l. The County has not entered and will not enter into any agreement to condition the amount of the Hospital’s indigent care obligations on either the amount of Public Funds transferred by the County to HHSC or the amount of Waiver Program Payments the Hospital may be eligible to receive;

m. With regard to any escrow, trust or other financial mechanism (an Account) utilized in connection with this Agreement or an IGT issued for a payment period that occurs after the Effective Date of this Agreement, the following representations are true and correct:

(1) The amount of any Account is not conditioned or contingent on the amount of indigent care services that the Hospital provided or will provide;

(2) The County has disclosed the existence of any Account to HHSC; and

(3) Any such Account will not be used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Hospital;

n. The County has not received and will not receive refunds of payments the County made or makes to the Hospital for any purpose in consideration for an IGT of Public Funds by the County to HHSC to support the Waiver Program Payments;

o. The County has not received and will not receive any cash or in-kind transfers from the Hospital or any other entity acting on behalf of the Hospital other than transfers and transactions that:

(1) Following the date this Agreement is executed, are unrelated to the administration of the Waiver Program or the delivery of indigent care services under this Agreement;

(2) Constitute fair market value for goods or services rendered or provided by the County to the Hospital; and

(3) Represent independent, bona fide transactions negotiated at arms-length and in the ordinary course of business between the Hospital and the County; and

p. The County has not:

(1) Assigned or agreed to assign a contractual or statutory obligation of the County to the Hospital or any other entity acting on behalf of the Hospital; or

116


(2) Authorized or consented to the assumption of a statutory or contractual obligation of the County by the Hospital or any other entity acting on behalf of the Hospital.

ARTICLE III OBLIGATIONS OF THE HOSPITAL

3.1 Agreement to Cooperate. The Hospital agrees to work cooperatively with the County to

improve access, availability, efficiency, delivery, and funding for Health Care Services provided to the Indigent.

3.2 Provision of Care. The Hospital agrees to provide Health Care Services and meet all requirements for treating the Indigent; provided, however, the Hospital shall not provide Health Care Services for which the County has a continuing contractual or statutory obligation.

3.3 Reports to the County Treasurer. To enable the County to perform its retrospective evaluation of the Health Care Services under Section 4.2, the Hospital will provide quarterly reports to the County Treasurer regarding the amounts and types of health care the Hospital has provided to the Indigent. The Hospital shall provide such reports to the County Treasurer within ninety (90) days after the end of each such period.

ARTICLE IV

OBLIGATIONS OF THE COUNTY

4.1 Agreement to Cooperate with the Hospital. The County agrees to work cooperatively with the Hospital to improve access, availability, efficiency, delivery, and funding for Health Care Services.

4.2 Retrospective Evaluation of Services. Consistent with its constitutional, statutory and fiduciary obligations, the County may retrospectively evaluate the amount and impact of the Hospital’s delivery of the Health Care Services and may rely on such historical information in determining whether to continue this Agreement with the Hospital, whether the Hospital’s participation benefited the community, whether the Hospital’s continued participation is likely to continue to benefit the community and/or to provide accountability to taxpayers.

ARTICLE V MISCELLANEOUS

5.1 Term and Termination. The term of this Agreement shall be one year from the

Effective Date and shall automatically continue thereafter for additional terms of one year each, unless terminated in accordance with this Section 5.1. Either party may terminate this Agreement with ninety (90) days advance written notice of termination.

5.2 Compliance with HIPAA. To the extent applicable to this Agreement, the Hospital and the County agree to comply with the Health Insurance Portability and Accountability Act

117


of 1996, as codified at 42 U.S.C. Section 1320d, et seq. (HIPAA) and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the Federal Privacy Regulations), the federal security standards contained in 45 C.F.R. Parts 160, 162 and 164 (the Federal Security Regulations), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the Federal Electronic Transaction Regulations), all as amended from time to time and, all collectively referred to herein as HIPAA Requirements. The Hospital and the County agree not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of this Agreement. In addition, the Hospital and the County agree to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information.

5.3 Access to Records. As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Hospital or the County shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after the rendering of such services. If the Hospital or the County carries out any of the duties of this Agreement through a subcontract with a value of $10,000.00 or more over a twelve (12) month period with a related individual or organization, the Hospital or the County agrees to include this requirement in any such subcontract. This Section is included pursuant to and is governed by the requirements of 42 U.S.C. § 1395x(v)(1) and the regulations thereto.

5.4 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows:

If to County: Hays County 111 East San Antonio Street, Suite 300 San Marcos, Texas 78666

Attn: Bert Cobb, County Judge If to Hospital: Rollins Brook Community Hospital

608 North Key Avenue Lampasas, Texas 76550 Attn: Chief Executive Officer

With copies to: Eric J. Weatherford

Husch Blackwell, L.L.P. 2001 Ross Avenue, Suite 2000 Dallas, Texas 75201

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5.5 Relationship between the Parties. The relationship between the County and the Hospital is solely a contractual relationship between independent contractors. Neither party hereto is an agent or employee of the other party.

5.7 Governing Law. This Agreement shall be governed by the laws of the State of Texas.

5.8 Venue. Venue for any action involving the County arising out of this Agreement shall exclusively lie in State County Court in Lampasas County, Texas.

5.9 Assignment. No party may assign any right, obligation, or responsibility under this Agreement.

5.10 No Third Party Beneficiary. The parties to this Agreement do not intend to establish any third party beneficiary relationships by virtue of this Agreement.

5.11 Entire Agreement. This Agreement represents the entire agreement and understanding of the Parties hereto with respect to the subject matter hereof, and all prior and concurrent agreements, understandings, representations and warranties with respect to such subject matter, whether written or oral, are and have been merged herein and superseded hereby.

5.12 Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement, binding on all of the parties hereto. A facsimile copy or scanned image of an executed, original counterpart shall be deemed for all purposes to be, and may be relied upon as, an original, in which case each party shall immediately provide fully executed originals to the others.

(Signature Page Follows)

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IN WITNESS WHEREOF, the parties have executed this Indigent Care Affiliation Agreement as of the date and year set forth above.

HAYS COUNTY

By: Bert Cobb, County Judge

acting in his official capacity and not individually

120


IN WITNESS WHEREOF, the parties have executed this Indigent Care Affiliation Agreement as of the date and year set forth above.

METROPLEX ADVENTIST HOSPITAL, INC. D/B/A ROLLINS BROOK COMMUNITY HOSPITAL

By:

Carlyle Walton, President & Chief Executive Officer

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AGENDA ITEM

Discuss and possible action to approve the appointment of Tom Richey to replace Doyle Krumrey as a member of Emergency Services District #3.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY N/A

SUMMARY 24B49B74B99B124B149B174B199B224BResume for Tom Richey is attached. Tom Richey will fill the unexpired term of Doyle Krumrey. Tom Richey will serve the term ending 12/31/2018.

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Thomas W. Richey, CPP® P.O. Box 1533, San Marcos, Texas 78667

Certified Protection Professional- Physical Security Industry Accomplished professional, consistently awarded for achievements and performance in the physical

security industry Effective in performing Security Risk Assessments to identify threats and vulnerabilities and in offering

sound mitigation techniques and counter measure solutions Proven leadership capabilities in team direction and proficient Project Management skills- essential in

the implementation of complex integrated enterprise physical security systems Recognized as a successful problem solver utilizing innovative solutions

Certifications and Achievements • ASIS- Certified Protection Professional (CPP®) • Secret Security Clearance- Dept. of Homeland Security • Degree in Electronics Technologies • Management and Leadership Certified- University of Texas • Certified in Managing Projects- University of Texas • TEEX Certified in Enhanced Threat and Risk Assessments • Chemical-terrorism Vulnerability Information (CVI) Certified • S2 Security Enterprise Certified • ExacqVision VMS Enterprise Certified • IP Networking Certified- IPVM • Experience with architecture and design of C-CURE access control products • Pelco Endura- Administrator Certified • GE/UTC Facility Commander Wnx Global- Engineer and Administrator • UTC Lenel OnGuard 2012 Platinum Certified • GE/UTC Secure Perfect- Engineer and Administrator • Casi Rusco Picture Perfect- Engineer and Administrator • ABM Data Systems- Phoenix Central Station Monitoring Software Administrator

Professional Skills

• 25 Plus years of proven experience in the public and private sector of the physical security industry • Highly motivated self-starter with a “can do” attitude • Accomplished areas of expertise:

o Extensive experience in Project Management of complex enterprise level integrated security system deployments

o Qualified in conducting comprehensive multi-disciplinary Security Risk, Vulnerability, and Threat Assessments

o Well versed in NERC-CIP standards that govern Electric Utilities Physical and Cyber Security requirements

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o Knowledgeable in DHS requirements related to Chemical Facilities (CFATS), and TSA regulations governing Marine Terminals (MTSA/TWIC)

o Skill in computer programming, software installation, configuration, and maintenance of software programs related to integrated enterprise level physical security systems

o Troubleshooting and problem solving abilities in determining the root cause of software and hardware related issues, and knowledge of the appropriate corrective actions

o Experience with Windows Server 2008, VMware Fusion, Windows 7, Windows XP, and Mac OS X operating systems

o Familiarity and insight in the maintenance of complex SQL databases- including clustered and replicated environments

o Knowledge of Crystal Reports scripting o Expertise in the configuration, maintenance and repair of integrated security systems o Technical writing skills- Comprehensive Risk Assessments, Specifications, Standards, Job Aids, etc… o Process Improvement- Ability to author policies and procedures to help streamline work flows and

increase efficiencies related to physical security initiatives • Supervisory and Team building talents:

o Skill in communicating effectively with team members, supervision/management and external organizations under normal and emergency conditions

o Mentor colleagues to help improve upon existing skills and develop new ones o Effectively oversee and guide teams of Account Executives and Project Managers o Work efficiently and independently without supervision o Capable of building effective professional relationships and fostering teamwork among peers and

subordinates o Able to balance and manage competing high priority work demands o Resourceful in office productivity applications (such as e-mail, word processing, spreadsheets, etc.)

• Extensive Technical knowledge of: o Design, configuration and implementation of IP networks in support of physical security systems o Security System specifications, standards, and guidelines o Access control system design, functionality, termination, integration, programming, and maintenance o Analog and IP camera systems, DVRs, NVRs, VMSs, and video analytics o Burglar and Fire alarm system concepts, functions, programming and operations o Central station monitoring equipment o Reading and interpreting system drawings, electrical schematics and blue prints o Fiber optic transceivers for IP networks, access control and CCTV systems components o Intercom systems- IP, standalone and PBX integrated

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Recent Professional Experience

2014-present Lower Colorado River Authority Supervisor, Physical Security Systems- LCRA Police

• At a senior level, provide business and operational oversight for all LCRA physical security systems protecting critical infrastructure (dams, power plants, transmission substations), facilities and employees

• Lead the physical security assessment team by performing assessments and providing counter measure recommendations to mitigate security risks and ensure compliance with regulatory requirements

• Supervise a team of physical security systems technicians responsible for the repair and maintenance of all LCRA physical security systems

• Manage multiple contracts with physical security vendors- responsible for creating scope of work, soliciting RFPs, review and award of projects and coordination and oversight of project installations

• Responsible for functional performance testing, commissioning and acceptance of new systems • Maintain knowledge of current security trends and threats that could impact LCRA critical infrastructure • Assist in the development of security plans to ensure the protection of LCRA employees and facilities and

provide budget recommendations and justifications to other work groups for future security system needs • Perform physical security audits to ensure the application of sound security practices • Work with staff throughout the company to ensure compliance with ERCOT, NERC and CJIS physical security

standards and regulations • Prepare physical security documentation and review for NERC locations. Prepare objective evidence for audits

and provide responses and testimony during audits.

2013-2014 MD Anderson Cancer Center Electronic Security Design/Project Management- UT Police at Houston

• Provide expertise and direction regarding institutional capital security projects to both internal and external project teams, addressing architectural, electronic, and operational protective measures

• Provide expertise, direction, and coordination of all disciplines in the completion of security vulnerability and risk assessments, and integration of security system designs

• Implement the development of procedures that improve the efficiency and effectiveness of UTP technical services to support capital projects

• Develop and administer security standards and specifications to ensure compliance with current institutional security systems

• Design, develop, and oversee implementation of solutions for system installation, including review of contractor submittals, periodic field observations, and system acceptance testing

• Prepare scope of work descriptions for project-specific requirements, develops budgetary estimates, and evaluates bids to obtain desired equipment consistent with current system applications

• Lead long term strategic planning and short term security solutions to maintain institutional security mission • Participate in analysis, design, project management, and application configuration programming for enterprise

level security applications

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2012-2013 Convergint Technologies National Accounts- Program Manager

• Embedded Program Manager for a San Antonio based Petroleum Company • Responsible for coordination, oversight, and deployment of Physical Security projects, upgrades, and

improvements across 10 facilities- ranging from corporate office environments, to data centers, to refineries and marine terminals

• Oversee a team of Account Executives and Project Mangers to provide guidance, communication, and coordination throughout the program

• Instrumental in development and implementation of corporate security standards , policies, and procedures • Interface directly with Guards, System Administrators, and IT staff to provide support and guidance in day-to-

day operation and maintenance of Physical Access Control and Video Surveillance systems • Research and develop new technologies that streamline operations, increase efficiencies, and reduce cost • Responsible for entire project lifecycle from proposal preparation, to purchase order processing, to project

implementation, completion, and invoicing- ensuring projects are completed on time and within budget •

2002-2012 Lower Colorado River Authority (LCRA) Sr. Security Systems Technician

• Member of Security Assessment team. Participate in physical security assessments at most LCRA facilities • Manage projects associated with physical security systems for new construction and existing infrastructure • Work directly with Cyber Security Coordinators to ensure physical security compliance with NERC-CIP Cyber

Security requirements • Perform complex installation, programming, calibration, maintenance, repair, testing, trouble-shooting and

inspection of security alarm systems, access control, intercom, entry and CCTV video systems at the senior level • Install, program, document, set up, wire, repair and/or replace CCTV video equipment used to obtain and

transmit video signals between various locations. This includes cameras, digital video recorders, video management systems, fiber optic transmission, and control equipment

• Install new systems, equipment changes and expansion of existing systems • Utilize in-depth knowledge of best practices and experience to provide process improvements • Take a new perspective to solve complex problems • Act as a resource for colleagues • Direct the work of other staff members and contractors/vendors • Repair card access equipment and signaling devices used to control gates and other access points • Perform systems integration and programming so that systems can share common components and interaction

occurs between systems • Use computer software to generate reports, program systems and produce system documentation • Train customers on use of assigned systems

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Education

1991 Southwest Institute of Technology, Austin, Tx. (Formerly known as Southwest School of Electronics) Associates Degree - Electronics Technolo gies 4.0 GPA Awarded for perfect attendance

Course included 1440 hours of training, 800 lab and 640 theory. Courses completed: robotics, fiber optics, lasers, microprocessors and interfacing, technical and digital mathematics, technical report writing, T.V., VCR, radio, solid state, AC/DC principals, and fabrication. Use of oscilloscope, digital multi-meter, and signal generators.

References

Eric Martinson, CPP Manager, Critical Infrastructure Protection & Resiliency LCRA Police

Kevin Popejoy Regional Vice President Convergint Technologies

Robert Force Director, Corporate Security Tesoro Companies

Joseph Kenworthy Branch President Sage Capital Bank San Marcos, Texas 78666

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AGENDA ITEM

Discussion and possible action to adopt an order by the Commissioners Court of Hays County, Texas authorizing the issuance of “Hays County, Texas Limited Tax Bonds”; levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; delegating the authority to certain members of the Commissioners Court and County staff to execute certain documents relating to the sale of the bonds; authorizing the execution of a paying agent/registrar agreement; and providing an effective date.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY 24B49B74B99B124B149B174B199B224BThese delegation/parameter bond orders are needed for the issuance of bonds authorized by the citizens of Hays County in November 2016.

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AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

AUTHORIZING THE ISSUANCE OF

“HAYS COUNTY, TEXAS LIMITED TAX BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE

Adopted: July 11, 2017

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TABLE OF CONTENTS

Definitions............................................................................................................ 2 SECTION 1. Authorization; Designation; Principal Amount; Purpose .................................... 4 SECTION 2. Fully Registered Obligations; Authorized Denominations; Stated Maturities; SECTION 3.

Interest Rates; Bond Date .................................................................................... 7 Payment of Bonds; Paying Agent/Registrar ........................................................ 7 SECTION 4. Redemption .......................................................................................................... 8 SECTION 5. Execution; Registration ...................................................................................... 10 SECTION 6. Registration; Transfer; Exchange of Bonds; Predecessor Bonds ...................... 10 SECTION 7. Initial Bond(s) .................................................................................................... 11 SECTION 8. Forms ................................................................................................................. 11 SECTION 9.

Bond Fund; Investments .................................................................................... 20 SECTION 10. Tax Levy ............................................................................................................ 21 SECTION 11. Application of Chapter 1208, Texas Government Codes .................................. 21 SECTION 12. Deposits to Bond Fund; Surplus Bond Proceeds ............................................... 21 SECTION 13. Security of Funds ............................................................................................... 22 SECTION 14. Remedies in Event of Default ............................................................................ 22 SECTION 15. Notices to Owners; Waiver ................................................................................ 22 SECTION 16. Cancellation ....................................................................................................... 23 SECTION 17. Mutilated, Destroyed, Lost and Stolen Bonds ................................................... 23 SECTION 18. Sale of Bonds; Authorization of Purchase Contract; Official Statement SECTION 19.

Approval; Use of Proceeds ................................................................................ 23 Covenants to Maintain Tax-Exempt Status ....................................................... 24 SECTION 20. Control and Custody of Bonds ........................................................................... 28 SECTION 21. Satisfaction of Obligation of County ................................................................. 28 SECTION 22. Printed Opinion .................................................................................................. 29 SECTION 23. CUSIP Numbers................................................................................................. 29 SECTION 24. Effect of Headings ............................................................................................. 29 SECTION 25. Order a Contract; Amendments; Outstanding Bonds ........................................ 29 SECTION 26. Benefits of the Order .......................................................................................... 30 SECTION 27. Inconsistent Provisions ...................................................................................... 30 SECTION 28. Construction of Terms ....................................................................................... 30 SECTION 29. Governing Law .................................................................................................. 30 SECTION 30. Severability ........................................................................................................ 30 SECTION 31. Incorporation of Preamble Recitals ................................................................... 30 SECTION 32. Authorization of Paying Agent/Registrar Agreement ........................................ 31 SECTION 33. Public Meeting ................................................................................................... 31 SECTION 34. Unavailability of Authorized Publication .......................................................... 31 SECTION 35. No Recourse Against County Officials .............................................................. 31 SECTION 36. Continuing Disclosure Undertaking .................................................................. 31 SECTION 37. Book-Entry Only System ................................................................................... 35 SECTION 38. Further Procedures ............................................................................................. 36 SECTION 39. Attorney General Examination Fee ................................................................... 36 SECTION 40. Effective Date .................................................................................................... 37 SECTION 41.

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SCHEDULE I — Approval Certificate EXHIBIT A — Form of Paying Agent/Registrar Agreement EXHIBIT B — Description of Annual Financial Information

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AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF “HAYS COUNTY, TEXAS LIMITED TAX BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING THE AUTHORITY TO CERTAIN MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, Hays County, Texas (the “County”), acting through its Commissioners Court of the County (the “Commissioners Court”), is authorized by the Constitution and the laws of the State of Texas, particularly Chapters 1251 and 1473, as amended, Texas Government Code, Chapter 292, as amended, of the Texas Government Code, to issue bonds for the purpose of making needed public improvements; and

WHEREAS, at an election held on November 8, 2016 (the “2016 Election”), in the County, the resident, qualified electors in the County authorized the issuance of $106,400,000 (the “Public Safety Facilities Authorization”) in bonds for the purpose of purchasing by acquisition, constructing, reconstructing, improving, and equipping public safety facilities, to wit: a co-located emergency communications/911 facility, a law enforcement center, a law enforcement training facility, and a county jail facility, including the acquisition or improvement of sites for such facilities (the “Public Safety Facilities Proposition”); and

WHEREAS, the Commissioners Court hereby finds and determines that it is necessary and advisable to authorize limited tax general obligation bonds of the County in the total principal amount not to exceed $106,400,000 (the “Bonds”) should be issued and sold at this time, being the first installment of the limited tax general obligation bonds approved and authorized to be issued at the 2016 Election for the purpose of funding the permanent improvements described in the Public Safety Facilities Proposition; and

WHEREAS, pursuant to Section 1371.053, as amended, Texas Government Code, the Commissioners Court desires to delegate the authority to effect the sale of the Bonds to an Authorized Representative (as defined herein); and

WHEREAS, in accordance with the provisions of Section 81.006, as amended, Texas Local Government Code, the Commissioners Court hereby finds and determines that this Order was adopted at a regularly scheduled meeting of the Commissioners Court; and

WHEREAS, the Commissioners Court hereby finds and determines that the issuance of the limited tax bonds from the Public Safety Facilities Authorization is in the best interests of the citizens of the County; and now, therefore,

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BE IT ORDERED BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS THAT:

Definitions. For all purposes of this Order (as defined below), except as SECTION 1.otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 20 and 37 of this Order have the meanings assigned to them in such Sections, and all such terms, include the plural as well as the singular; (ii) all references in this Order to designated “Sections” and other subdivisions are to the designated Sections and other subdivisions of this Order as originally adopted; and (iii) the words “herein”, “hereof’, and “hereunder” and other words of similar import refer to this Order as a whole and not to any particular Section or other subdivision.

A. “Approval Certificate” means one or more approval certificates approved by the Authorized Representative in connection with the issuance of a series of Bonds issued under this Order.

B. “Authorized Representative” means any of the County Judge, County Clerk and Ex-Officio Clerk of the Commissioners Court, County Treasurer, County Auditor and/or the General Counsel to the Commissioners Court.

C. “Bond Counsel” means Andrews Kurth Kenyon LLP or such other firm of nationally recognized bond counsel appointed by the County.

D. “Bond Date” means the date of the Bonds as designated by the Approval Certificate.

E. “Bond Fund” means the special fund created and established by the provisions of Section 10 of this Order.

F. “Bonds” means the “HAYS COUNTY, TEXAS LIMITED TAX BONDS, SERIES _____” authorized by this Order and subject to the terms and conditions set forth in the Approval Certificate, including the designation of the series, and certified or authenticated and delivered hereunder, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term “Bond” means any of the Bonds.

G. “Chapter 1371” means, Chapter 1371, as amended, Texas Government Code.

H. “Closing Date” means the date of physical delivery of the Initial Bond(s) in exchange for the payment in full by the Initial Purchaser thereof.

I. “County” means Hays County, Texas and where appropriate, the Commissioners Court of the County, as its governing body.

J. “Debt Service Requirements” means, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the County as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in

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the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto.

K. “Depository” means an official depository bank of the County.

L. “DTC” means The Depository Trust Company of New York, New York, or any successor securities depository.

M. “Expiration Date” means the expiration date specified in Section 2 of this Order.

N. “Fiscal Year” means the annual financial accounting period for the County now ending on September 30th of each year; provided, however, the Commissioners Court may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law.

O. “Government Securities”, as used herein, means (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than “AAA” or its equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than “AAA” or its equivalent.

P. “Initial Purchaser” means, collectively, the initial purchaser or purchasers or the underwriter or underwriters of the Bonds named in Approval Certificate.

Q. “Interest Payment Date” means the date semiannual interest is payable on the Bonds commencing on the interest commencement date as specified in the Approval Certificate, while any of the Bonds remain Outstanding.

R. “Order” means this order adopted by the Commissioners Court of the County on July 11, 2017 authorizing the issuance of the Bonds.

S. “Outstanding” when used in this Order with respect to Bonds means, as of the date of determination, all Bonds issued and delivered under this Order, except:

(1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation;

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(2) those Bonds for which payment has been duly provided by the County in accordance with the provisions of Section 22 of this Order; and

(3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 18 of this Order.

T. “Owner” or “Owners” means any Person who shall be the registered owner of any outstanding Bonds on the Security Register; provided, however, if the Bonds are in a securities depository system, registered owner shall include the beneficial own of the Bonds.

U. “Paying Agent/Registrar” means the paying agent/registrar designated by the Authorized Representative in an Approval Certificate, such other bank or trust company as may hereafter be appointed in substitution therefor or in addition thereto to perform the duties of the Paying Agent/Registrar in accordance with this Order.

V. “Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government, or any agency or political subdivision of a government.

W. “Purchase Contract” means the purchase contract between the County and the Initial Purchaser approved by an Authorized Representative.

X. “Record Date” means the date specified in Section 4 of this Order upon which the Person to whom payment is due on any Bond is determined, or as otherwise specified in the Approval Certificate.

Y. “Representation Letter” means the Blanket Letter of Representations between the County and DTC.

Z. “Security Register” means the register specified in Section 4 of this Order.

AA. “Stated Maturity” when used with respect to any Bond, means the date specified in such Bond as the fixed date on which the principal of such Bond is due and payable.

Authorization; Designation; Principal Amount; Purpose. Limited tax SECTION 2.bonds of the County shall be and are hereby authorized to be issued in the aggregate principal amount not to exceed $106,400,000, to be designated and bear the title “Hays County, Texas Limited Tax Bonds, Series ______” (the “Bonds”), for the purpose of providing funds for (i) purchasing by acquisition, constructing, reconstructing, improving, and equipping public safety facilities, to wit: a co-located emergency communications/911 facility, a law enforcement center, a law enforcement training facility, and a county jail facility, including the acquisition or improvement of sites for such facilities and (ii) paying the costs associated with the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Article VIII, Section 9 of the Texas Constitution, Chapters 1251 and 1473, as amended, Texas Government Code, Chapter 292, as amended, Texas Local Government Code, an election held in the County on November 8, 2016, and pursuant to the provisions of this Order adopted by the Commissioners

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Court on July 11, 2017. The series of such Bonds shall be designated by an Authorized Representative in the Approval Certificate.

As authorized by Chapter 1371, each Authorized Representative is hereby authorized, appointed, and designated as the representatives of the County authorized to act on behalf of the County in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Order, including approval of the following terms and provisions for the Bonds:

(1) the aggregate principal amount of the Bonds and of each maturity of the Bonds;

(2) the series designation of the Bonds;

(3) the rate of interest to be borne on the principal amount of each maturity;

(4) the interest payment dates;

(5) the extraordinary optional, optional, and/or mandatory redemption provisions;

(6) the pricing of the Bonds, including use of premium, discount, underwriters compensation, and costs of issuance;

(7) the bond insurer, if any;

(8) selection, replacement or confirmation, as applicable, of the Paying Agent/Registrar;

(9) the method by which the Bonds will be sold (competitive sale, negotiated underwriting, or direct private placement), including replacement, or confirmation, as applicable, of the underwriting syndicate, to consist of one or more financial institutions included in the County’s underwriters pool, and the establishment or confirmation, as applicable, of the respective roles of the members of such syndicate, which approval, replacement, and establishment (if any) shall supersede prior action or actions of the Commissioners Court concerning the same;

(10) the form in which the Bonds shall be issued; and

(11) all other terms and provisions of the Bonds and all other matters relating to the issuance, sale and delivery thereof, all of which shall be specified in the Approval Certificate.

The Bonds shall be issued within the following parameters:

(1) The principal amount of the Bonds authorized to be issued pursuant to this Order shall not exceed $106,400,000;

(2) The maximum maturity of the Bonds will be August 15, 2042; and

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(3) The maximum net effective per annum interest rate shall not exceed a rate greater than the maximum interest rate permitted by Chapter 1204, as amended, Texas Government Code (“Chapter 1204”), calculated in a manner consistent with the provisions of Chapter 1204.

Any Authorized Representative, acting for and on behalf of the County, is authorized to execute the Approval Certificate in substantially the form attached hereto as Schedule I. As specified above, the Bonds shall be issued in the principal amount not to exceed $106,400,000, the maximum maturity of the Bonds will be August 15, 2042, and the net effective per annum interest rate shall not exceed a rate greater than the maximum interest rate permitted by Chapter 1204, calculated in a manner consistent with the provisions of Chapter 1204.

The execution of the Approval Certificate shall evidence the sale date of the Bonds by the County to the Initial Purchaser in accordance with the provisions of Chapter 1371 and as set forth in Schedule I. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371.

Any Authorized Representative may approve modifications to this Order to conform to the terms of the Bonds, as approved by the Authorized Representative, and execute any instruments, agreements and other documents as the Authorized Representative shall deem necessary or appropriate in connection with the issuance, sale and delivery of the Bonds pursuant to this Order. Any finding by the Authorized Representative relating to the sale and delivery of the Bonds shall have the same force and effect as a finding or determination made by the Commissioners Court.

The authority of an Authorized Representative to act on behalf of the Commissioners Court in selling Bonds conferred by this Section and to execute a Purchase Contract pursuant to Section 19 shall expire at 11:59 p.m. on the 365th day following the date of this Order (the “Expiration Date”). Bonds sold pursuant to a Purchase Contract executed on or before the Expiration Date may be delivered after such date.

In satisfaction of Section 1201.022(a)(3), Texas Government Code, the Commissioners Court hereby determines that the delegation of the authority to the Authorized Representative to approve the final terms and conditions of each series of the Bonds as set forth in this Order is, and the decisions made by the Authorized Representative pursuant to such delegated authority and incorporated in an Approval Certificate will be, in the best interests of the County and shall have the same force and effect as if such determination were made by the Commissioners Court, and the Authorized Representative is hereby authorized to make and include in an Approval Certificate an appropriate finding to that effect. Any finding or determination made by the Authorized Representative relating to the issuance and sale of the Bonds and the execution of the Purchase Contract in connection therewith shall have the same force and effect as a finding or determination made by the Commissioners Court. Upon execution of the Approval Certificate, Bond Counsel is authorized to revise and complete this Order, if necessary, to reflect such final terms.

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Fully Registered Obligations; Authorized Denominations; Stated SECTION 3.Maturities; Interest Rates; Bond Date. The Bonds shall be numbered consecutively from R-l upward. The Bonds shall be in denominations of principal equal to $5,000 or any integral multiple thereof. The Bonds shall bear interest at the rates, mature, serially or otherwise, on the dates, in the years, and in the principal amounts, respectively, and dated all as set forth in the Approval Certificate to be executed and delivered by the Authorized Representative pursuant to Section 2 of this Order. The Approval Certificate is hereby incorporated in and made a part of this Order and shall be filed in the minutes of the Commissioners Court as a part of this Order.

The Bonds shall bear interest on the unpaid principal amounts from the Bond Date or as otherwise provided in the Approval Certificate, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, or prior redemption, while Outstanding, at the rates per annum shown in the schedule provided in the Approval Certificate (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on the Interest Payment Date, commencing as set forth in the Approval Certificate (the “Interest Payment Date”), while the Bonds are Outstanding.

Payment of Bonds; Paying Agent/Registrar. The principal of, premium, if SECTION 4.any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable without exchange or collection charges to the Owners of the Bonds, appearing on the Security Register maintained by the Paying Agent/Registrar, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.

The Authorized Representative’s selection and appointment of the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed, and the County agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the “Security Register”) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached hereto in substantially final form as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the County may prescribe. The County covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and shall be authorized by law to serve as a Paying Agent/Registrar.

The County reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or order terminating such agency. Additionally, the County agrees to promptly cause a written notice of this substitution to be sent to each Owner of the Bonds by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar.

Both principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the Owner or Owners

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maintained on behalf of the County by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds’ Stated Maturity or upon redemption of the Bonds, and (iii) on any other date for any other purpose. The County and the Paying Agent/Registrar, and any agent of either, shall treat the Owner as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the County nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary.

Principal of and premium, if any, on the Bonds, shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Owner whose name appears in the Security Register at the close of business on the last business day of the month next preceding an Interest Payment Date for the Bonds (the “Record Date”) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Owner appearing in the Security Register, or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Owner at the Owner’s risk and expense.

If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due.

In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date” — which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Owner of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice.

Redemption. SECTION 5.

A. Mandatory Redemption. The Bonds shall be subject, if at all, to mandatory redemption before their scheduled maturity as provided in the Approval Certificate.

B. Optional Redemption. The Bonds shall be subject, if at all, to optional redemption, before their scheduled maturity as provided in the Approval Certificate.

C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the County shall notify the Paying Agent/Registrar of its decision to

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exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the County to exercise the right to redeem Bonds shall be entered in the minutes of the Commissioners Court of the County.

D. Selection of Bonds for Redemption. If less than all of the Bonds are to be redeemed, the particular Bonds to be redeemed will be selected by the County in integral multiples of $5,000 within any one Stated Maturity. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot or other customary method the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000.

E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption to be sent by United States mail, first-class postage prepaid, in the name of the County and at the County’s expense, by the Paying Agent/Registrar to each Owner of a Bond to be redeemed in whole or in part at the address of the Owner appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Owner.

All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Owner. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as hereinabove provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Order. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the County to any registered securities depository and to any national information service that disseminates redemption notices.

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Execution; Registration. The Bonds shall be executed on behalf of the SECTION 6.County by its County Judge under the seal of the Commissioners Court reproduced or impressed thereon, registered by the County Treasurer, and countersigned by the County Clerk and Ex Officio Clerk of the Commissioners Court. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Bond Date, the proper officers of the County shall bind the County, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Initial Purchaser, and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code.

No Bond shall be entitled to any right or benefit under this Order, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9C hereof, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 9D hereof, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered.

Registration; Transfer; Exchange of Bonds; Predecessor Bonds. The SECTION 7.Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every Owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Owner, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Owner or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar.

Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the County shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer.

At the option of the Owner, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the County shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Owner requesting the exchange.

All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Owner at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the County, evidencing the same obligation to pay, and entitled to the same benefits under this Order, as the Bonds surrendered upon such transfer or exchange.

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All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Owner, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Owner requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange.

Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be “Predecessor Bonds,” evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 18 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond.

Neither the County nor the Paying Agent/Registrar shall be required to transfer or to exchange any Bond during the period beginning on a record date and ending on the next succeeding Interest Payment Date or to transfer or exchange any Bond called for redemption, in whole or in part, during the 45-day period prior to the date fixed for redemption of such Bond; provided, however, such limitation of transfer is not applicable to an exchange by the Owner of the uncalled balance of a Bond.

Initial Bond(s). The Bonds herein authorized shall be initially issued SECTION 8.either (i) as a single fully registered Bond in the aggregate principal amount and with principal installments to become due and payable as provided in the Approval Certificate and numbered T-1, or (ii) as one (1) fully registered Bond for each year of Stated Maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward (collectively, the Initial Bond(s)) and, in either case, the Initial Bond(s) shall be registered in the name of the Initial Purchaser or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval and certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Initial Purchaser. Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, upon written instructions from the Initial Purchaser, or their designee, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts, and bearing applicable interest rates for transfer and delivery to the Owners named and at the addresses identified therefor; all in accordance with and pursuant to such written instructions from the Initial Purchaser, or their designee, and such other information and documentation as the Paying Agent/Registrar may reasonably require.

Forms. SECTION 9.

A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Order and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform

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Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the County or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond.

The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced.

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B. Form of Definitive Bond.

REGISTERED NO. ____

REGISTERED PRINCIPAL AMOUNT $___________________

United States of America State of Texas

HAYS COUNTY, TEXAS LIMITED TAX BOND, SERIES 20__*

Bond Date ________, 20__*

Interest Rate: Stated Maturity: CUSIP No.:

REGISTERED OWNER:

PRINCIPAL AMOUNT: DOLLARS

Hays County, Texas (the “County”), a body corporate and a political subdivision of the State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof (the “Owner”), on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Bond Date or from the most recent Interest Payment Date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on ________* and _________* of each year, commencing ________, 20__* (each an “Interest Payment Date”).

Principal and premium, if any, on this Bond shall be payable to the Owner hereof, upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest shall be payable to the Owner of this Bond (or one or more Predecessor Bonds, as defined in the Order hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each Interest Payment Date. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Owner hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Owner hereof at the Owner’s risk and expense. * To be completed in accordance with the Approval Certificate.

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This Bond is one of the series specified in its title issued in the aggregate principal amount of $____________* (the “Bonds”) pursuant to the authority conferred at an election held within the County on November 8, 2016 and by an order adopted by the governing body of the County (the “Order”), for the purpose of (i) purchasing by acquisition, constructing, reconstructing, improving, and equipping public safety facilities, to wit: a co-located emergency communications/911 facility, a law enforcement center, a law enforcement training facility, and a county jail facility, including the acquisition or improvement of sites for such facilities and (ii) paying the costs associated with the issuance of the Bonds, under and in conformity with the laws of the State of Texas, particularly Chapters 1251, 1371 and 1473, as amended, Texas Government Code, Chapter 292, as amended, Texas Local Government Code, Article VIII, Section 9 of the Texas Constitution and an election held in the County on November 8, 2016.

[The Bonds stated to mature on __________, 20__* and __________, 20__* are referred to as the “Term Bonds”. The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on ______* in each of the years as set forth below:

Term Bonds Stated to Mature

on _______, 20__


on _______, 20__

Year Principal

Amount ($) Year Principal

Amount ($) † †

†Payable at Stated Maturity.]

[The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the County, by the principal amount of any Term Bonds of such Stated Maturity which, at least 45 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the County and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the County with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth in the Order and not theretofore credited against a mandatory redemption requirement.]

[This Bond is not subject to optional redemption prior to maturity.] [As specified in the Order, the Bonds stated to mature on and after _________, 20__* may be redeemed prior to their Stated Maturities at the option of the County, on _________, 20__*, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first-class postage prepaid, to Owners of

* To be completed in accordance with the Approval Certificate.

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the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Order. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Owner hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Order for the then unredeemed balance of the principal sum hereof.]

Notwithstanding anything in the order to the contrary, the County may make any notice of redemption conditional on the occurrence of a condition precedent. In the event that the County chooses to provide a conditional notice of redemption, the County shall include in the notice of redemption that the redemption is conditioned upon the occurrence of a condition precedent. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an event of default. Further, in the case of a conditional redemption, the failure of the County to make money or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default.

If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given and not rescinded, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the County or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Owner of the unredeemed balance hereof in the event of its redemption in part.

The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied, within the limitations prescribed by law, upon all taxable property within the County.

Reference is hereby made to the Order, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Owner by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Order may be amended or supplemented with or without the consent of the Owners; the rights, duties, and obligations of the County and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Order. Capitalized terms used herein have the same meanings assigned in the Order.

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This Bond, subject to certain limitations contained in the Order, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, with the Assignment hereon, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Owner hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees.

The County and the Paying Agent/Registrar, and any agent of either, shall treat the Owner hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the County nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Owner appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice.

It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the County have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Order shall be construed in accordance with and shall be governed by the laws of the State of Texas.

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IN WITNESS WHEREOF, the Commissioners Court of the County has caused this Bond to be duly executed under the official seal of its Commissioners Court.

HAYS COUNTY, TEXAS

By County Judge

COUNTERSIGNED: REGISTERED:

By County Clerk and Ex-Officio Clerk of the Commissioners Court

By County Treasurer

(SEAL OF COMMISSIONERS COURT)


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C. 1 Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond(s) Only.

REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS

OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. ___________ THE STATE OF TEXAS §

I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas.

WITNESS my signature and seal of office this _________________________________.

Comptroller of Public Accounts of the State of Texas

(COMPTROLLER’S SEAL)

1 NOTE TO PRINTER: Not to appear on Definitive Bonds.

D. 2 Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only.

REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR

This Bond has been duly issued under the provisions of the within-mentioned Order; the Bond or Bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar.

Registered this date:

____________________________________, as Paying Agent/Registrar

By: Authorized Signature

2 NOTE TO PRINTER: Print on Definitive Bonds.

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E. Form of Assignment.

ASSIGNMENT

FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.

DATED:

NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular.

Signature guaranteed:

F. Form of Initial Bond(s).

The Initial Bond(s) shall be numbered T-1 or numbered consecutively from T-1 and upward, as applicable, and in the form set forth in paragraph B of this Section, except that the form of the single fully registered Initial Bond shall be modified as follows:

(1) immediately under the name of the Bonds the headings “Interest Rate _______“ and “Stated Maturity ______” shall both be completed “as shown below”;

(3) the heading “CUSIP” shall be omitted; and

(2) the first two paragraphs shall read as follows:

Registered Owner:

Principal Amount: : DOLLARS

Hays County, Texas (the “County”), a body corporate and a political subdivision of the State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above (the “Owner”), or the registered assigns thereof, the Principal Amounts specified above on the _________ day of __________* in each of the * To be completed in accordance with the Approval Certificate.

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years and in Principal Amounts and bearing interest at the per annum rates in accordance with the following schedule:

Years of Stated Maturity

Principal Amounts ($)

Interest Rates (%)

(Information to be inserted from schedule in Approval Certificate.)

(or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amounts hereof from the Bond Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on _________* and _________* in each year, commencing __________, 20__* (each an “Interest Payment Date”).

Principal and premium, if any, of this Bond shall be payable to the Owner hereof, upon its presentation and surrender, at the corporate trust office of _________________________, _________, _________* (the “Paying Agent/Registrar”). Interest shall be payable to the Owner of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each Interest Payment Date. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Owner hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar requested by, and at the risk and expense of, the Owner hereof.

G. Insurance Legend. If bond insurance is obtained by the County or the Initial Purchaser for the Bonds, the Definitive Bonds and the Initial Bond(s) shall bear an appropriate legend as provided by the insurer.

Bond Fund; Investments. SECTION 10.

B. Bond Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special Fund to be designated “Limited Tax Bonds, Series _____ Interest and Sinking Fund” (the “Bond Fund”), which series to be designated in accordance with the designation of the Bonds set forth in the Approval Certificate, which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 20. Authorized Representatives of the County are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause

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immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Bonds.

C. Investments. Pending the transfer of funds to the Paying Agent/Registrar, money in the Bond Fund may, at the option of the County, be invested in obligations identified in, and in accordance with the provisions of the “Public Funds Investment Act” (Chapter 2256, Texas Government Code, as amended); provided that all such investments shall be made in such a manner that the money required to be expended from said Bond Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the Bond Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. It is provided, however, that any interest earnings on proceeds of the Bonds which are required to be rebated to the United States of America in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section.

Tax Levy. To provide for the payment of the Debt Service Requirements SECTION 11.on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% of the outstanding principal amount of the Bonds (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars’ valuation of taxable property in the County, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The Commissioners Court hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the County for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the County.

Application of Chapter 1208, Texas Government Codes. Chapter 1208, SECTION 12.Texas Government Code, applies to the issuance of the Bonds and the pledge of taxes granted by the County under Section 11, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the pledge of the taxes granted by the County is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in this pledge, the County agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in this pledge to occur.

Deposits to Bond Fund; Surplus Bond Proceeds. The County hereby SECTION 13.covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax levied upon all taxable

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property within the County, within the limitations prescribed by law, or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity.

Accrued interest, if any, received from the Initial Purchaser of the Bonds shall be deposited to the Bond Fund and ad valorem taxes levied and collected shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes.

Security of Funds. All money on deposit in the Funds for which this SECTION 14.Order makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Order.

Remedies in Event of Default. In addition to all the rights and remedies SECTION 15.provided by the laws of the State of Texas, the County covenants and agrees particularly that in the event the County (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Order, the Owners of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the County and other officers of the County to observe and perform any covenant, condition, or obligation prescribed in this Order.

No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive.

Notices to Owners; Waiver. Wherever this Order provides for notice to SECTION 16.Owners of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Owner as it appears in the Security Register.

In any case where notice to Owners is given by mail, neither the failure to mail such notice to any particular Owners, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Owners. Where this Order provides for notice in any manner, such notice may be waived in writing by the Owner entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

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Cancellation. All Bonds surrendered for payment, transfer, redemption, SECTION 17.exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the County, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The County may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the County may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the County.

Mutilated, Destroyed, Lost and Stolen Bonds. If (1) any mutilated Bond is SECTION 18.surrendered to the Paying Agent/Registrar, or the County and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the County and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the County or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the County shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding.

In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the County in its discretion may, instead of issuing a new Bond, pay such Bond.

Upon the issuance of any new Bond, or payment in lieu thereof, under this Section, the County may require payment by the Owner of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses or charges (including attorney’s fees and the fees and expenses of the Paying Agent/Registrar) connected therewith.

Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the County, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Order equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds.

Sale of Bonds; Authorization of Purchase Contract; Official Statement SECTION 19.Approval; Use of Proceeds. A. The Bonds authorized by this Order shall be sold and delivered to the Initial Purchaser, who shall be designated in the Approval Certificate, having all the rights, benefits, and obligations of an Owner), at the price set forth in the Approval Certificate and, if applicable, in accordance with the terms of a purchase contract (the “Purchase Contract”), which an Authorized Representative is hereby authorized to execute. The Initial Bond(s) shall be registered in the name set forth in the Approval Certificate. The Commissioners Court hereby finds, determines and declares that the representations, warranties, and agreements of the County contained in the Purchase Contract, if applicable, are true and correct in all material respects and

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shall be honored and performed by the County. Delivery of the Bonds to the Initial Purchaser shall occur as soon as practicable after the adoption of this Order, upon payment therefor in accordance with the terms of the Approval Certificate.

B. Any Authorized Representative is hereby authorized to approve, in the name and on behalf of the County, in connection with the sale of the Bonds, the preparation and distribution of a Preliminary Official Statement and a final Official Statement relating to the Bonds to be used and distributed by the Initial Purchaser in marketing the Bonds. In addition, an Authorized Representative is authorized to deem such Preliminary Official Statement “final” for purposes of the Rule. The appropriate officials of the County are hereby authorized to sign such Official Statement and/or to deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds.

C. Proceeds from the sale of the Bonds shall be applied as follows:

(1) Accrued interest, if any, received from the Initial Purchaser shall be deposited into the Bond Fund.

(2) The proceeds from the sale of the Bonds, including any net original issue premium, shall, promptly upon receipt by the County, be applied in accordance with the provision set forth in the Approval Certificate.

(3) The balance of the proceeds derived from the sale of the Bonds (after paying costs of issuance and the other deposits referred to in paragraph (1) and (2) above) shall be deposited into the special construction account or accounts created for the projects to be constructed with the Bond proceeds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Order. Interest earned on the proceeds of the Bonds pending completion of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 13 of this Order.

Covenants to Maintain Tax-Exempt Status. SECTION 20.

A. Definitions. When used in this Section, the following terms have the following meanings:

“Code” means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date.

“Computation Date” has the meaning set forth in Section 1.148-1(b) of the Regulations.

“Gross Proceeds” means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds.

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“Investment” has the meaning set forth in Section 1.148-1(b) of the Regulations.

“Nonpurpose Investment” means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds.

“Rebate Amount” has the meaning set forth in Section 1.148-1(b) of the Regulations.

“Regulations” means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced.

“Yield” of

(1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and

(2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations.

B. Not to Cause Interest to Become Taxable. The County shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the County receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the County shall comply with each of the specific covenants in this Section.

C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become “private activity bonds” within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the County shall at all times prior to the last Stated Maturity of Bonds:

(1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and

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(2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the County or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes.

D. No Private Loan. Except to the extent that it will not cause the Bonds to become “private activity bonds” within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the County shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan.

E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become “arbitrage bonds” within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the County shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds.

F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the County shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder.

G. Information Report. The County shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe.

H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder:

(1) The County shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the County may commingle Gross Proceeds of the Bonds with other money of the County, provided that the County separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith.

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(2) Not less frequently than each Computation Date, the County shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The County shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date.

(3) As additional consideration for the purchase of the Bonds by the Initial Purchaser and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the County shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder.

(4) The County shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations.

I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the County shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm’s length and had the Yield of the Bonds not been relevant to either party.

J. Bonds Not Hedge Bonds.

(1) The County reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued.

(2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more.

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K. Elections. The County hereby directs and authorizes any Authorized Representatives to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date.

Control and Custody of Bonds. The County Judge shall be and is hereby SECTION 21.authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Initial Purchaser.

Furthermore, one or more Authorized Representatives, either or all, are hereby authorized and directed to furnish and execute such documents relating to the County and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the County’s financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Initial Purchaser and the initial exchange thereof for definitive Bonds.

Satisfaction of Obligation of County. If the County shall pay or cause to SECTION 22.be paid, or there shall otherwise be paid to the Owners, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Order, then the pledge of taxes levied under this Order and all covenants, agreements, and other obligations of the County to the Owners shall thereupon cease, terminate, and be discharged and satisfied.

Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The County covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 20 hereof).

Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow

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agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the County or deposited as directed by the County. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Bonds such money was deposited and is held in trust to pay shall upon the request of the County be remitted to the County against a written receipt therefor, subject to the unclaimed property laws of the State of Texas.

Notwithstanding any other provision of this Order to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the County expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds.

Printed Opinion. The Initial Purchaser’ obligation to accept delivery of SECTION 23.the Bonds is subject to its being furnished a final opinion of Andrews Kurth Kenyon LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for the Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds with appropriate certificate pertaining thereto executed by facsimile signature of the County Clerk of the County is hereby approved and authorized.

CUSIP Numbers. CUSIP numbers may be printed or typed on the SECTION 24.definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the County nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds.

Effect of Headings. The Section headings herein are for convenience only SECTION 25.and shall not affect the construction hereof.

Order a Contract; Amendments; Outstanding Bonds. This Order shall SECTION 26.constitute a contract with the Owners, from time to time, of the Bonds, binding on the County and its successors and assigns, and shall not be amended or repealed by the County as long as any Bond remains outstanding except as permitted in this Section. The County may, without the consent of or notice to any Owners, amend, change, or modify this Order as may be required (a) by the provisions hereof; (b) for the purpose of curing any ambiguity, inconsistency, or formal defect or omission herein; or (c) in connection with any other change which is not to the prejudice of the Owners. The County may, with the written consent of the Owners of the majority in aggregate principal amount of Bonds then outstanding affected thereby, amend,

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change, modify, or rescind any provisions of this Order; provided that without the consent of all of the Owners affected, no such amendment, change, modification, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Bonds or reduce the principal amount thereof or the rate of interest thereon; (ii) give any preference to any Bond over any other Bond; (iii) extend any waiver of default to subsequent defaults; or (iv) reduce the aggregate principal amount of Bonds required for consent to any such amendment, change, modification, or rescission. When the County desires to make any amendment or addition to or rescission of this Order requiring consent of the Owners, the County shall cause notice of the amendment, addition, or rescission described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the County may adopt such amendment, addition, or rescission in substantially such form, except as herein provided. No Owner may thereafter object to the adoption of such amendment, addition, or rescission, or to any of the provisions thereof, and such amendment, addition, or rescission shall be fully effective for all purposes.

Benefits of the Order. Nothing in this Order, expressed or implied, is SECTION 27.intended or shall be construed to confer upon any person other than the County, Bond Counsel, the Paying Agent/Registrar, and the Owners any right, remedy, or claim, legal or equitable, under or by reason of this Order or any provision hereof, this Order and all its provisions being intended to be and being for the sole and exclusive benefit of the County, Bond Counsel, the Paying Agent/Registrar, and the Owners.

Inconsistent Provisions. All orders and resolutions, or parts thereof, which SECTION 28.are in conflict or inconsistent with any provision of this Order are hereby repealed to the extent of such conflict and the provisions of this Order shall be and remain controlling as to the matters ordered herein.

Construction of Terms. If appropriate in the context of this Order, words SECTION 29.of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders.

Governing Law. This Order shall be construed and enforced in SECTION 30.accordance with the laws of the State of Texas and the United States of America.

Severability. If any provision of this Order or the application thereof to SECTION 31.any person or circumstance shall be held to be invalid, the remainder of this Order and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Commissioners Court hereby declares that this Order would have been enacted without such invalid provision.

Incorporation of Preamble Recitals. The recitals contained in the SECTION 32.preamble to this Order are hereby found to be true, and such recitals are hereby made a part of this Order for all purposes and are adopted as a part of the judgment and findings of the Commissioners Court.

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Authorization of Paying Agent/Registrar Agreement. The Commissioners SECTION 33.Court of the County hereby finds and determines that it is in the best interest of the County to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated herein by reference to the provisions of this Order.

Public Meeting. It is officially found, determined, and declared that the SECTION 34.meeting at which this Order is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Order, was given, all as required by Chapter 551, as amended, Texas Government Code.

Unavailability of Authorized Publication. If, because of the temporary or SECTION 35.permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Order shall be given in such other manner and at such time or times as in the judgment of the County or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Order be deemed to be in compliance with the requirements for publication thereof.

No Recourse Against County Officials. No recourse shall be had for the SECTION 36.payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Order against any official of the County or any person executing any Bond.

Continuing Disclosure Undertaking. SECTION 37.

A. Definitions.

As used in this Section, the following terms have the meanings ascribed to such terms below:

“EMMA” means the MSRB’s Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org.

“MSRB” means the Municipal Securities Rulemaking Board.

“Rule” means SEC Rule 15c2 12, as amended from time to time.

“SEC” means the United States Securities and Exchange Commission.

B. Annual Reports.

The County shall file annually with the MSRB, on or before March 31 of each year (or if the County’s Fiscal Year changes, within six months after the end of each Fiscal Year), commencing with Fiscal Year ending September 30, 2017, financial information and operating data with respect to the County of the general type included in the final Official Statement

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authorized by Section 19 of this Order being the information described in Exhibit B hereto and if not provided as part of such financial information and operating data, audited financial statements of the County, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit B hereto, or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the County commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the County shall provide unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the County must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor’s opinion on the statement, shall be filed in the office of the County Auditor on or before March 31 of each year (or if the County’s Fiscal Year changes, within 180 days after the last day of the County’s Fiscal Year). Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552.

The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB’s Internet Web site or filed with the SEC.

C. Event Notices.

The County shall provide notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event:

(1) Principal and interest payment delinquencies;

(2) Non-payment related defaults, if material;

(3) Unscheduled draws on debt service reserves reflecting financial difficulties;

(4) Unscheduled draws on credit enhancements reflecting financial difficulties;

(5) Substitution of credit or liquidity providers, or their failure to perform;

(6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds;

(7) Modifications to rights of holders of bonds, if material;

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(8) Bond calls, if material, and tender offers;

(9) Defeasances;

(10) Release, substitution, or sale of property securing repayment of bonds, if material;

(11) Rating changes;

(12) Bankruptcy, insolvency, receivership, or similar event of the County, which shall occur as described below;

(13) The consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and

(14) Appointment of a successor or additional trustee or the change of name of a trustee, if material.

For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the County in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the County, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the County.

The County shall notify the MSRB, in a timely manner, of any failure by the County to provide financial information or operating data in accordance with this Section by the time required by this Section.

D. Limitations, Disclaimers, and Amendments.

The County shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the County remains an “obligated person” with respect to the Bonds within the meaning of the Rule, except that the County in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding.

The provisions of this Section are for the sole benefit of the Owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The County undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby

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undertake to provide any other information that may be relevant or material to a complete presentation of the County’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The County does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date.

UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THE OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.

No default by the County in observing or performing its obligations under this Section shall constitute a breach of or default under this Order for purposes of any other provision of this Order.

Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the County under federal and state securities laws.

The provisions of this Section may be amended by the County from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the County, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Order that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the County (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Owners and beneficial owners of the Bonds. The County may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the County also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the County so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection B of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. If the County so amends the provisions of this Section, the County shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of

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the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided.

E. Information Format; Incorporation by Reference.

The County information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word-searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers.

Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the United States Securities and Exchange Commission.

Book-Entry Only System. SECTION 38.

It is intended that the Bonds initially be registered so as to participate in a securities depository system (the “DTC System”) with the Depository Trust Company, New York, New York, or any successor entity thereto (“DTC”), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bond(s) described in Section 8) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The County and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Representation Letter.

With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the County and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an “Indirect Participant”). Without limiting the immediately preceding sentence, the County and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than an Owner of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a Bond evidencing the obligation of the County to make payments of principal, premium, if any, and interest pursuant to this Order. Upon delivery by DTC to the Paying Agent/Registrar of written

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notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Order with respect to interest checks or drafts being mailed to the Owner, the word “Cede & Co.” in this Order shall refer to such new nominee of DTC.

In the event that (a) the County determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the County determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the County shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the County may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the County, or such depository’s agent or designee, and if the County and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Owners of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof.

Notwithstanding any other provision of this Order to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter.

Further Procedures. The officers and employees of the County are hereby SECTION 39.authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the County all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order, the initial sale and delivery of the Bonds, the Purchase Contract, if applicable, the Paying Agent/Registrar Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, the County Judge, or the County Clerk and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Order or to any of the instruments authorized and approved by this Order necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Order and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General’s office. In case any officer of the County whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.

Attorney General Examination Fee. The County recognizes that under SECTION 40.Section 1202.004, Texas Government Code, the Attorney General of Texas requires a nonrefundable examination fee be paid at the time of submission of the transcript of the proceedings authorizing the Bonds and that such fee is to be calculated as provided in said Section 1202.004. Bond Counsel is accommodating the County by paying such fee upon such submission of such transcript. Officials of the County are, however, hereby authorized to

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reimburse Bond Counsel such amount as soon as possible and whether or not the Bonds are ever delivered and such amount is hereby appropriated from available funds for such purpose. The County is also authorized to reimburse the fund used for such repayment with proceeds of the Bonds.

Effective Date. This Order shall be in force and effect from and after its SECTION 41.final passage and it is so ordered.

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S-1 Signature Page to the Limited Tax Bonds Order

HOU:3761876.1

PASSED AND ADOPTED on the _________ day of ____________, 20__.

HAYS COUNTY, TEXAS

County Judge

ATTEST:

County Clerk and Ex-Officio Clerk of the Commissioners Court


SCHEDULE I — Form of Approval Certificate EXHIBIT A — Form of Paying Agent/Registrar Agreement EXHIBIT B — Description of Annual Financial Information

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SCHEDULE I

APPROVAL CERTIFICATE

I, the undersigned, ____________, _______________ of Hays County, Texas (the “County”), pursuant to Section 2 of the order adopted on July 11, 2017 (the “Order”) authorizing the issuance of obligations designated as “Hays County, Texas Limited Tax Bonds, Series _______” (the “Bonds”) do hereby approve the following terms of the Bonds:

1. The method of sale of the Bonds is by ________________.

2. The Bonds are hereby sold and delivered to ______________ (the “Initial Purchaser”) for cash at a price of $__________ (representing the original principal amount of the Bonds of $__________, plus an original issue reoffering premium on the Bonds of $___________, plus accrued interest in the amount of $_________, and less an underwriter’s discount of $_____________), according to the following terms:

OR

The Bonds are hereby sold and shall be delivered to _______________, acting on behalf of itself and _______________ and _______________ (collectively, the “Initial Purchaser”) pursuant to the terms of the Purchase Contract, dated __________, 20__, between the County and the Initial Purchaser, for cash at a price of $______________ (being the par amount of the Bonds, less an underwriters’ discount of $___________, plus a net reoffering premium of $_____________), according to the following terms:

(i) the Bonds are dated ____________;

(ii) the interest rates, yields, and maturity schedule for the Bonds are as set forth below:


( ) Principal

Amounts($) Interest

Rates(%) Yield(%)

(iii) interest on the Bonds will accrue from _____________ and will be payable _____________ and _____________ in each year commencing ____________.

(iv) [the Bonds stated to mature on ___________, 20__ are referred to as the “Term Bonds”. The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such

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purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on ___________ in each of the years as set forth below:


on ___________, 20__ Year Principal Amount ($) 20__ 20__ *

*Payable at Stated Maturity.

The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the County, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the County and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the County with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth in the Order and not theretofore credited against a mandatory redemption requirement;]

(v) [the Bonds having Stated Maturities on and after ___________, 20__, shall be subject to redemption prior to Stated Maturity, at the option of the County, on ___________, 20__, or on any date thereafter, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption;]

(vi) the Form of Bonds shall be substantially in the forms set forth in Section 8 of the Order and Exhibit A attached hereto with appropriate insertions, and omissions, and substitutions completed in accordance with this Approval Certificate;

3. the County hereby finds that the principal amount of the Bonds, in the amount of $_______, [plus $___________ of the net reoffering premium generated in connection with the sale thereof] will be allocable to public safety facilities projects identified in the Public Safety Facilities Proposition and hereby determines that such principal amount shall count against the from the Public Safety Facilities Authorization as follows:]

Purposes Amounts

Authorized

Amounts Previously

Issued Amounts Sold

this Sale

Premium Allocated to Voted

Authorization Unissued Bonds Public Safety

Facilities $106,400,000 -- $__________ $__________ $__________

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4. The County hereby ratifies, confirms, and approves in all respects (a) the Preliminary Official Statement was, as of its date, “deemed final” in accordance with SEC Rule 15c2-12 and (b) the use and distribution of the Preliminary Official Statement by the Initial Purchaser in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale, [attached as Exhibit __] to the Purchase Contract (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Initial Purchaser are hereby authorized to use and distribute the final Official Statement, dated __________, 20__, in the reoffering, sale and delivery of the Bonds to the public.

5. The Paying Agent/Registrar of the Bonds is __________________.

6. The bond insurer of the Bonds is ______________.

7. The net effective interest rate on the Bonds is ____________%.

8. Bond proceed, including the net premium, shall be deposited or used as follows: (a) $___________ shall be deposited to the Bond Fund as accrued interest, (b) $____________ shall be deposited into the construction fund, (c) $___________ shall be used to pay costs of issuance, including underwriters’ discount, and (d) $___________ shall be deposited into the Bond Fund as excess premium.

9. Net original issue premium from the sale of the Bonds in the amount of $________ is allocated in the following manner: (a) $________ to pay the Initial Purchaser’ compensation, (b) $___________ is allocated against the County’s voted authorization and shall be deposited to the construction fund, (c) $_________ to pay certain costs of issuance and (d) $__________ shall be deposited to the Bond Fund as the rounding amount.

10. The County hereby confirms the representations, covenants, and warranties made with respect to continuing disclosure undertaking in Section 37 of the Order and Exhibit B attached hereto.

11. The undersigned Authorized Representative, upon consultation with the County’s financial advisor, hereby determines that the terms of the sale as set forth in this Certificate and the Order are in the County’s best interest.

12. In accordance with the requirements of the Order, this Certificate complies with and satisfies the terms and provisions of the Order in accordance with the delegation contained herein.

13. Capitalized terms utilized herein and not defined shall have the meanings ascribed thereto in the Order.

* * *

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EXECUTED AND DELIVERED THIS ___________________, 20__.

HAYS COUNTY, TEXAS

By: ____________________________________ Title: ___________________________________

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EXHIBIT A

PAYING AGENT/REGISTRAR AGREEMENT

THIS PAYING AGENT/REGISTRAR AGREEMENT entered into as of ____________, 20__ (this “Agreement”), by and between the HAYS COUNTY, TEXAS (the “Issuer”), and _______________________, _____, a banking association duly organized and existing under the laws of the United States of America (the “Bank”).

RECITALS

WHEREAS, the Issuer has duly authorized and provided for the issuance of its “Hays County, Texas Limited Tax Bonds, Series 20___” (the “Securities”), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon;

WHEREAS, the Securities are scheduled to be delivered to the initial purchaser thereof as provided in the Order;

WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of and interest on the Securities and with respect to the registration, transfer, and exchange thereof by the registered owners thereof;

WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities;

NOW, THEREFORE, it is mutually agreed as follows:

ARTICLE I. APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR

Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal of and interest on the Securities as the same become due and payable to the registered owners thereof, all in accordance with this Agreement and the Order.

The Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the Order.

The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities.

Section 1.02. Compensation. As compensation for the Bank’s services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this Agreement and thereafter the fees and

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amounts set forth in the Bank’s current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year.

In addition, the Issuer agrees to reimburse the Bank, upon its request, for all reasonable expenses, disbursements, and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel).

ARTICLE II. DEFINITIONS

Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:

“Approval Certificate” means one or more approval certificates approved by an Authorized Representative in connection with the issuance of a series of Securities issued under the Order.

“Authorized Representative” means any of the County Judge, the County Clerk, the County Auditor and/or the General Counsel to the Commissioners Court.

“Bank Office” means the designated principal corporate trust office of the Bank as indicated on the signature page hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office.

“Bank Principal Payment Office” means ______________, Texas.

“Commissioner’s Court” means the Commissioners Court of Hays County, Texas.

“Financial Advisor” means Specialized Public Finance Inc., or any successors thereto.

“Fiscal Year” means the fiscal year of the Issuer, ending September 30.

“Owner” and “Security Owner” means any Person who shall be the registered owner of any outstanding Bonds on the Security Register; provided, however, if the Bonds are in a securities depository system, registered owner shall include the beneficial own of the Bonds.

“Issuer Request” means a written request or order signed in the name of the Issuer by the Authorized Representative of the Issuer, any one or more of said officials, delivered to the Bank.

“Order” means the order of the governing body of the Issuer pursuant to which the Securities are issued, certified by the County Clerk of the Commissioners Court of Hays County, Texas, or any other officer of the Issuer, together with an approval certificate of a designated officer of the Issuer as authorized by the order approving the final terms of the sale of the Securities, and delivered to the Bank.

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“Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government, or any agency or political subdivision of a government.

“Predecessor Securities” of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to the Order).

“Redemption Date” when used with respect to any Security to be redeemed means the date fixed for such redemption pursuant to the terms of the Order.

“Responsible Officer” when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject.

“Security Register” means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfer of the Securities.

“Stated Maturity” means the date specified in the Order the principal of a Security is scheduled to be due and payable.

Section 2.02. Other Definitions. The terms “Bank”, “Issuer”, and “Securities (Security)” have the meanings assigned to them in the recital paragraphs of this Agreement.

The term “Paying Agent/Registrar” refers to the Bank in the performance of the duties and functions of this Agreement.

ARTICLE III. PAYING AGENT

Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Owner upon surrender of the Security to the Bank at the Bank Principal Payment Office.

As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Owner and preparing and sending checks by United States mail, first class postage prepaid, on each payment date, to the Owners of the Securities (or their Predecessor Securities) on the respective Record

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Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Owner at the Owner’s risk and expense.

Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Order.

ARTICLE IV. REGISTRAR

Section 4.01. Security Register; Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Principal Payment Office books and records (herein sometimes referred to as the “Security Register”) for recording the names and addresses of the Owners of the Securities, the transfer, exchange, and replacement of the Securities, and the payment of the principal of and interest on the Securities to the Owners and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges, and replacement of Securities shall be noted in the Security Register.

Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Owner thereof or his agent duly authorized in writing.

The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer, or exchange of the Securities.

To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Owners thereof will be completed and new Securities delivered to the Owner or the assignee of the Owner in not more than three business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Owner, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar.

Section 4.02. Securities. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political subdivisions or corporations for which it serves as registrar, or that is maintained for its own securities.

Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer, and exchange of the Securities in accordance with the Bank’s general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time.

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The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time.

Section 4.04. List of Security Owners. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form.

Unless required by law, the Bank will not release or disclose the contents of the Security Register to any Person other than an authorized officer or employee of the Issuer or to another Person, upon receipt of an Issuer Request, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register.

Section 4.05. Return of Cancelled Securities. All Securities surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Bank, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Bank and, if not already cancelled, shall be promptly cancelled by the Bank. The Issuer may at any time deliver to the Bank for cancellation any Securities previously authenticated and delivered which the Issuer may have acquired in any manner whatsoever, and all Securities so delivered shall be promptly cancelled by the Bank. All cancelled Securities held by the Bank shall be destroyed, and evidence of such destruction furnished to the Issuer at such reasonable intervals as it determines subject to applicable rules and regulations of the Securities and Exchange Commission.

Section 4.06. Mutilated, Destroyed, Lost, or Stolen Securities. The Issuer hereby instructs the Bank, subject to the applicable provisions of the Order, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an over issuance.

In case any Security shall be mutilated, or destroyed, lost, or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only after (i) the filing by the Owner thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss, or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution, and delivery of a replacement Security shall be borne by the Owner of the Security mutilated, or destroyed, lost, or stolen.

Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06.

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ARTICLE V. THE BANK

Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. The Bank is also authorized to transfer funds relating to the closing and final delivery of the Securities in the manner disclosed in the closing memorandum as prepared by the Issuer’s Financial Advisor or other agent. The Bank may act on a facsimile or e-mail transmission of the closing memorandum acknowledged by the Financial Advisor or the Issuer as the final closing memorandum. The Bank shall not be liable for any losses, costs, or expenses arising directly or indirectly from the Bank’s reliance upon and compliance with such instructions.

Section 5.02. Transfer of Funds. The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Securities in the manner disclosed in the closing memorandum approved by the Issuer as prepared by the Issuer’s Financial Advisor or other agent.

Section 5.03. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank.

(b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts.

(c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it.

(d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Owner or an agent of the Owner. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer.

(e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.

(f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank.

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Section 5.04. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness.

The Bank shall in no event be liable to the Issuer, any Owner or Owners of any Security, or any other Person for any amount due on any Security from its own funds.

Section 5.05. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent.

Section 5.06. Money Held by Bank. A special depository account shall at all times be kept and maintained by the Bank for the receipt, safekeeping, and disbursement of money received from the Issuer and held hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Owners of the Securities, to the extent permitted by law, shall be continuously collateralized by securities or obligations which qualify and are eligible under the laws of the State of Texas to secure and be pledged as collateral for deposits of public funds by an instrumentality and political subdivision of the State of Texas to the extent that such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such account shall be made by check drawn on such account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment.

All funds at any time and from time to time provided to or held by the Bank hereunder shall be deemed, construed, and considered for all purposes as being provided to or held by the Bank in trust. The Bank acknowledges, covenants, and represents that it is acting herein in trust in relation to such funds, and is not accepting, holding, administering, or applying such funds as a banking depository, but solely as a paying agent for and on behalf of the Security thereto. The Owners shall be entitled to the same preferred claim and first lien on the funds so provided as are enjoyed by the beneficiaries of trust funds generally. The funds provided to the Bank hereunder shall not be subject to warrants, drafts or checks drawn by the Issuer and, except as expressly provided herein, shall not be subject to compromise, setoff, or other charge or diminution by the Bank.

The Bank shall be under no liability for interest on any money received by it hereunder.

Subject to the unclaimed property laws of the State of Texas and any provisions in the Resolution to the contrary, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for three years after final maturity of the Security has become due and payable will be paid by the Bank to the issuer, and the Owner of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such money shall thereupon cease. If the Issuer does not elect, the Bank is directed to report and dispose of the funds in compliance with Title 6 of the Texas Property Code, as amended.

Section 5.07. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred

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without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement.

Section 5.08. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where the administrative offices of the Issuer are located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein.

Section 5.09. Depository Trust Company Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for “Depository Trust Company” services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the “Operational Arrangements” currently in effect, which establish requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls.

Section 5.10. Reporting Requirements of Paying Agent/Registrar. To the extent required by the Code and the regulations promulgated and pertaining thereto, it shall be the duty of the Paying Agent/Registrar, on behalf of the Issuer, to report to the owners of the Certificates and the Internal Revenue Service (i) the amount of “reportable payments”, if any, subject to backup withholding during each year and the amount of tax withheld, if any, with respect to payments of the Certificates and (ii) the amount of interest or amount treating as interest on the Certificates and required to be included in gross income of the owner thereof.

Section 5.11. Merger, Conversion, Consolidation, or Succession. Any corporation into which the Paying Agent/Registrar may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion, or consolidation to which the Paying Agent/Registrar shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Paying Agent/Registrar shall be the successor of the Paying Agent/Registrar hereunder without the execution or filing of any paper or any further act on the part of either of the parties hereto.

ARTICLE VI. MISCELLANEOUS PROVISIONS

Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto.

Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other.

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Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page of this Agreement.

Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof.

Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not.

Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder.

Section 6.08. Entire Agreement. This Agreement and the Order constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Order, the Order shall govern.

Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement.

Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Owners thereof or (ii) may be earlier terminated by either party upon 60 days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Owners of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay, or otherwise adversely affect the payment of the Securities.

Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer.

The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement.

Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

___________________________________ By:________________________________ Title:_______________________________ Address:____________________________

____________________________ (BANK SEAL)

HAYS COUNTY, TEXAS Attest: By _________________________________ By _________________________________

County Clerk and Ex-Officio Clerk County Judge of the Commissioners Court of Address: 712 S. Stagecoach Trail, Ste. 2008 Hays County San Marcos, Texas 78666


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Schedule A

Paying Agent/Registrar Fee Schedule

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EXHIBIT B

Description of Annual Financial Information*

The following information is referred to in Section 37 of this Order.

Annual Financial Statements and Operating Data

The financial information and operating data with respect to the County to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below:

1. The County’s audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the County appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year.

2. Tables [1 through 5 and 7 through 12] as disclosed in the Official Statement and in Appendix B.

Accounting Principles

The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time.

_____________________________ * Subject to any changes prescribed by the Approval Certificate.

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CERTIFICATE OF COUNTY CLERK

THE STATE OF TEXAS § § COUNTY OF HAYS §

THE UNDERSIGNED HEREBY CERTIFIES that:

1. The Commissioners Court (the “Court”) of Hays County, Texas (the “County”), convened on the 11th day of July, 2017 in regular session in the regular meeting place of the Court in the County Courthouse (the “Meeting”), which Meeting was at all times open to the public, the duly constituted officers and members of the Court being as follows:

Bert Cobb, M.D. County Judge Debbie Gonzales Ingalsbe Commissioner, Precinct No. 1 Mark Jones Commissioner, Precinct No. 2 Will Conley Commissioner, Precinct No. 3 Ray Whisenant Commissioner, Precinct No. 4

and all of such persons were present at the Meeting, except the following: , thus constituting a quorum. Among other business considered at the Meeting, the attached order (the “Order”) entitled:

AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF “HAYS COUNTY, TEXAS LIMITED TAX BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE

was introduced for the due consideration of the Court. After presentation and discussion of the Order, a motion was made by Commissioner that the Order be passed and adopted. The motion was seconded by Commissioner and carried by the following vote:

voted “For” voted “Against” “Abstained”

all as shown in the official Minutes of the Court for the Meeting.

2. The attached Order is a true and correct copy of the original on file in the official records of the County; the duly qualified and acting members of the Court on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the Court was given actual notice of the time, place, and purpose of the Meeting and

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had actual notice that the Order would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Order, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code.

IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the Commissioners Court, this 11th day of July, 2017.

County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County, Texas


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AGENDA ITEM

Discussion and possible action to adopt an order by the Commissioners Court of Hays County, Texas authorizing the issuance of “Hays County, Texas Unlimited Tax Road Bonds”; levying an annual ad valorem tax, without limit as to rate or amount, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; delegating authority to certain members of the Commissioners Court and County staff to execute certain documents relating to the sale of the bonds; authorizing the execution of a paying agent/registrar agreement; and providing an effective date.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY 24B49B74B99B124B149B174B199B224BThese delegation/parameter bond orders are needed for the issuance of bonds authorized by the citizens of Hays County in November 2016.

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AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS


“HAYS COUNTY, TEXAS UNLIMITED TAX ROAD BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHOUT LIMIT AS TO RATE OR AMOUNT, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE


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TABLE OF CONTENTS

Definitions ............................................................................................................. 2 SECTION 1. Authorization; Designation; Principal Amount; Purpose ...................................... 4 SECTION 2. Fully Registered Obligations; Authorized Denominations; Stated Maturities; SECTION 3.

Interest Rates; Bond Date ...................................................................................... 7 Payment of Bonds; Paying Agent/Registrar .......................................................... 7 SECTION 4. Redemption ........................................................................................................... 8 SECTION 5. Execution; Registration ....................................................................................... 10 SECTION 6. Registration; Transfer; Exchange of Bonds; Predecessor Bonds ........................ 10 SECTION 7. Initial Bond(s) ...................................................................................................... 11 SECTION 8. Forms ................................................................................................................... 12 SECTION 9. Bond Fund; Investments ...................................................................................... 19 SECTION 10. Tax Levy .............................................................................................................. 20 SECTION 11. Application of Chapter 1208, Texas Government Codes .................................... 21 SECTION 12. Deposits to Bond Fund; Surplus Bond Proceeds ................................................. 21 SECTION 13. Security of Funds ................................................................................................. 21 SECTION 14. Remedies in Event of Default ............................................................................. 21 SECTION 15. Notices to Owners; Waiver ................................................................................. 22 SECTION 16. Cancellation ......................................................................................................... 22 SECTION 17. Mutilated, Destroyed, Lost, and Stolen Bonds .................................................... 22 SECTION 18. Sale of Bonds; Approval of Purchase Contract; Official Statement Approval; Use SECTION 19.

of Proceeds .......................................................................................................... 23 Covenants to Maintain Tax-Exempt Status ......................................................... 24 SECTION 20. Control and Custody of Bonds ............................................................................ 27 SECTION 21. Satisfaction of Obligation of County ................................................................... 27 SECTION 22. Printed Opinion ................................................................................................... 28 SECTION 23. CUSIP Numbers .................................................................................................. 28 SECTION 24. Effect of Headings ............................................................................................... 29 SECTION 25. Order a Contract; Amendments; Outstanding Bonds .......................................... 29 SECTION 26. Benefits of the Order ........................................................................................... 29 SECTION 27. Inconsistent Provisions ........................................................................................ 29 SECTION 28. Governing Law .................................................................................................... 29 SECTION 29. Severability .......................................................................................................... 29 SECTION 30. Incorporation of Preamble Recitals ..................................................................... 30 SECTION 31. Construction of Terms ......................................................................................... 30 SECTION 32. Authorization of Paying Agent/Registrar Agreement ......................................... 30 SECTION 33. Public Meeting .................................................................................................... 30 SECTION 34. Unavailability of Authorized Publication ............................................................ 30 SECTION 35. No Recourse Against County Officials ............................................................... 30 SECTION 36. Continuing Disclosure Undertaking .................................................................... 30 SECTION 37. Book-Entry Only System .................................................................................... 34 SECTION 38. Further Procedures .............................................................................................. 35 SECTION 39. Attorney General Examination Fee ..................................................................... 36 SECTION 40. Effective Date ...................................................................................................... 36 SECTION 41.

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SCHEDULE I – Form of Approval Certificate EXHIBIT A – Form of Paying Agent/Registrar Agreement EXHIBIT B – Description of Annual Financial Information

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AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF “HAYS COUNTY, TEXAS UNLIMITED TAX ROAD BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHOUT LIMIT AS TO RATE OR AMOUNT, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, Hays County, Texas (the “County”), acting through its Commissioners Court of the County (the “Commissioners Court”), is authorized by the Constitution and the laws of the State of Texas, particularly Article III, Section 52, and Chapter 1471, as amended, Texas Government Code, to issue bonds to construct and maintain county roads, county road connectors, and/or State highways; and

WHEREAS, at an election held on November 8, 2016 (the “2016 Election”), in the County, the resident, qualified electors in the County authorized the issuance of $131,400,000 (the “Road Authorization”) in bonds for the purpose of the construction, acquisition by purchase, maintenance, and operation of macadamized, graveled, or paved roads or turnpikes, or in aid thereof, being, generally (but not by way of limitation), constructing, designing, improving, extending, expanding, upgrading and/or developing County roads, County road connectors, and/or State highways, including right-of-way acquisition, utility relocation, drainage improvements, environmental mitigation and conservation, pedestrian walkways and bicycle transportation improvements relating to these road improvements, low water crossing improvements, traffic safety, other safety, and operational improvements, and other road transportation related improvements (the “Road Proposition”); and

WHEREAS, the Commissioners Court hereby finds and determines that it is necessary and advisable to authorize unlimited tax general obligation bonds of the County in the total principal amount not to exceed $25,000,000 (the “Bonds”) should be issued and sold at this time, being the first installment of the unlimited tax general obligation bonds approved and authorized to be issued at the 2016 Election for the purpose of constructing and maintaining county road, county road connectors, and/or State highways described in the Road Proposition; and

WHEREAS, pursuant to Section 1371.053, as amended, Texas Government Code, as amended, the Commissioners Court desires to delegate the authority to effect the sale of the Bonds to an Authorized Representative (as defined herein); and

WHEREAS, in accordance with the provisions of Section 81.006, as amended, Texas Local Government Code, the Commissioners Court hereby finds and determines that this Order was adopted at a regularly scheduled meeting of the Commissioners Court; and

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WHEREAS, the Commissioners Court hereby finds and determines that the issuance of the unlimited tax bonds from the Road Authorization is in the best interests of the citizens of the County; and now, therefore,

BE IT ORDERED BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS THAT:

Definitions. For all purposes of this Order (as defined below), except as SECTION 1.otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 20 and 37 of this Order have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Order to designated “Sections” and other subdivisions are to the designated Sections and other subdivisions of this Order as originally adopted; and (iii) the words “herein”, “hereof’, and “hereunder” and other words of similar import refer to this Order as a whole and not to any particular Section or other subdivision.

A. “Approval Certificate” means one or more approval certificates approved by the Authorized Representative in connection with the issuance of a series of Bonds issued under this Order.

B. “Authorized Representative” means any of the County Judge, County Clerk and Ex-Officio Clerk of the Commissioners Court, County Treasurer, County Auditor and/or the General Counsel to the Commissioners Court.

C. “Bond Counsel” means Andrews Kurth Kenyon LLP or such other firm of nationally recognized bond counsel appointed by the County.

D. “Bond Date” means the date of the Bonds as designated by the Approval Certificate.

E. “Bond Fund” means the special fund created and established by the provisions of Section 10 of this Order.

F. “Bonds” means the “HAYS COUNTY, TEXAS UNLIMITED TAX ROAD BONDS, SERIES ______” authorized by this Order and subject to the terms and conditions set forth in the Approval Certificate, including the designation of the series, and certified or authenticated and delivered hereunder, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term “Bond” means any of the Bonds.

G. “Chapter 1371” means, Chapter 1371, as amended, Texas Government Code.

H. “Closing Date” means the date of physical delivery of the Initial Bond(s) in exchange for the payment in full by the Initial Purchaser thereof.

I. “County” means Hays County, Texas and, where appropriate, the Commissioners Court of the County as its governing body.

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J. “Debt Service Requirements” means, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the County as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto.

K. “Depository” means an official depository bank of the County.

L. “DTC” means The Depository Trust Company of New York, New York, or any successor securities depository.

M. “Expiration Date” means the expiration date specified in Section 2 of this Order.

N. “Fiscal Year” means the annual financial accounting period for the County now ending on September 30th of each year; provided, however, the Commissioners Court may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law.

O. “Government Securities”, as used herein, means (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than “AAA” or its equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than “AAA” or its equivalent.

P. “Initial Purchaser” means, collectively, the initial purchaser or purchasers or the underwriter or underwriters of the Bonds named in Approval Certificate.

Q. “Interest Payment Date” means the date semiannual interest is payable on the Bonds commencing on the interest commencement date as specified in the Approval Certificate, while any of the Bonds remain Outstanding.

R. “Order” means this order adopted by the Commissioners Court of the County on July 11, 2017 authorizing the issuance of the Bonds.

S. “Outstanding” when used in this Order with respect to Bonds means, as of the date of determination, all Bonds issued and delivered under this Order, except:

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(1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation;

(2) those Bonds for which payment has been duly provided by the County in accordance with the provisions of Section 22 of this Order; and

(3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 18 of this Order.

T. “Owner” or “Owners” means any Person who shall be the registered owner of any outstanding Bonds on the Security Register; provided, however, if the Bonds are in a securities depository system, registered owner shall include the beneficial own of the Bonds.

U. “Paying Agent/Registrar” means the paying agent/registrar designated by the Authorized Representative in an Approval Certificate, such other bank or trust company as may hereafter be appointed in substitution therefor or in addition thereto to perform the duties of the Paying Agent/Registrar in accordance with this Order

V. “Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government, or any agency or political subdivision of a government.

W. “Purchase Contract” means the purchase contract between the County and the Initial Purchaser approved by an Authorized Representative.

X. “Record Date” means the date specified in Section 4 of this Order upon which the Person to whom payment is due on any Bond is determined, or as otherwise specified in the Approval Certificate.

Y. “Representation Letter” means the Blanket Letter of Representations between the County and DTC.

Z. “Security Register” means the register specified in Section 4 of this Order.

AA. “Stated Maturity” when used with respect to any Bond, means the date specified in such Bond as the fixed date on which the principal of such Bond is due and payable.

Authorization; Designation; Principal Amount; Purpose. Unlimited tax SECTION 2.general obligation bonds of the County shall be and are hereby authorized to be issued in the aggregate principal amount not to exceed $25,000,000, to be designated and bear the title of “Hays County, Texas Unlimited Tax Road Bonds, Series _______” (the “Bonds”), for the purpose of providing funds for (i) the construction, acquisition by purchase, maintenance, and operation of macadamized, graveled, or paved roads or turnpikes, or in aid thereof, being, generally (but not by way of limitation), constructing, designing, improving, extending, expanding, upgrading and/or developing county roads, county road connectors, and/or state highways, including right-of-way acquisition, utility relocation, drainage improvements, environmental mitigation and conservation, pedestrian walkways and bicycle transportation

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improvements relating to these road improvements, low water crossing improvements, traffic safety, other safety, and operational improvements, and other road transportation related improvements, and (ii) payment of the costs of issuance relating to these Bonds, all in conformity with the laws of the State of Texas, particularly Article III, Section 52, as amended, of the Texas Constitution, Chapter 1471, as amended, Texas Government Code, an election held in the County on November 8, 2016, and pursuant to the provisions of this Order adopted by the Commissioners Court on July 11, 2017. The series of such Bonds shall be designated by an Authorized Representative in the Approval Certificate.

As authorized by Chapter 1371, each Authorized Representative is hereby authorized, appointed, and designated as the representatives of the County authorized to act on behalf of the County in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Order, including approval of the following terms and provisions for the Bonds:

(1) the aggregate principal amount of the Bonds and of each maturity of the Bonds;

(2) the series designation of the Bonds;

(3) the rate of interest to be borne on the principal amount of each maturity;

(4) the interest payment dates;

(5) the extraordinary optional, optional, and/or mandatory redemption provisions;

(6) the pricing of the Bonds, including use of premium, discount, underwriters compensation, and costs of issuance;

(7) the bond insurer, if any;

(8) selection, replacement or confirmation, as applicable, of the Paying Agent/Registrar;

(9) the method by which the Bonds will be sold (competitive sale, negotiated underwriting, or direct private placement), including replacement, or confirmation, as applicable, of the underwriting syndicate, to consist of one or more financial institutions included in the County’s underwriters pool, and the establishment or confirmation, as applicable, of the respective roles of the members of such syndicate, which approval, replacement, and establishment (if any) shall supersede prior action or actions of the Commissioners Court concerning the same;

(10) the form in which the Bonds shall be issued; and

(11) all other terms and provisions of the Bonds and all other matters relating to the issuance, sale and delivery thereof, all of which shall be specified in the Approval Certificate.

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The Bonds shall be issued within the following parameters:

(1) The principal amount of the Bonds authorized to be issued pursuant to this Order shall not exceed $25,000,000;

(2) The maximum maturity of the Bonds will be August 15, 2042; and

(3) The maximum net effective per annum interest rate shall not exceed a rate greater than the maximum interest rate permitted by Chapter 1204, as amended, Texas Government Code (“Chapter 1204”), calculated in a manner consistent with the provisions of Chapter 1204.

Any Authorized Representative, acting for and on behalf of the County, is authorized to execute the Approval Certificate in substantially the form attached hereto as Schedule I. As specified above, the Bonds shall be issued in the principal amount not to exceed $25,000,000, the maximum maturity of the Bonds will be August 15, 2042, and the net effective per annum interest rate shall not exceed a rate greater than the maximum interest rate permitted by Chapter 1204, calculated in a manner consistent with the provisions of Chapter 1204.

The execution of the Approval Certificate shall evidence the sale date of the Bonds by the County to the Initial Purchaser in accordance with the provisions of Chapter 1371 and as set forth in Schedule I. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371.

Any Authorized Representative may approve modifications to this Order to conform to the terms of the Bonds, as approved by the Authorized Representative, and execute any instruments, agreements and other documents as the Authorized Representative shall deem necessary or appropriate in connection with the issuance, sale and delivery of the Bonds pursuant to this Order. Any finding by the Authorized Representative relating to the sale and delivery of the Bonds shall have the same force and effect as a finding or determination made by the Commissioners Court.


In satisfaction of Section 1201.022(a)(3), Texas Government Code, the Commissioners Court hereby determines that the delegation of the authority to the Authorized Representative to approve the final terms and conditions of each series of the Bonds as set forth in this Order is, and the decisions made by the Authorized Representative pursuant to such delegated authority and incorporated in an Approval Certificate will be, in the best interests of the County and shall have the same force and effect as if such determination were made by the Commissioners Court, and the Authorized Representative is hereby authorized to make and include in an Approval Certificate an appropriate finding to that effect. Any finding or determination made by the

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Authorized Representative relating to the issuance and sale of the Bonds and the execution of the Purchase Contract in connection therewith shall have the same force and effect as a finding or determination made by the Commissioners Court. Upon execution of the Approval Certificate, Bond Counsel is authorized to revise and complete this Order, if necessary, to reflect such final terms.

Fully Registered Obligations; Authorized Denominations; Stated SECTION 3.Maturities; Interest Rates; Bond Date. The Bonds shall be numbered consecutively from R-l upward. The Bonds shall be in denominations of principal equal to $5,000 or any integral multiple thereof. The Bonds shall bear interest at the rates, mature, serially or otherwise, on the dates, in the years, and in the principal amounts, respectively, and dated all as set forth in the Approval Certificate to be executed and delivered by the Authorized Representative pursuant to Section 2 of this Order. The Approval Certificate is hereby incorporated in and made a part of this Order and shall be filed in the minutes of the Commissioners Court as a part of this Order.

The Bonds shall bear interest on the unpaid principal amounts from the Bond Date or as otherwise provided in the Approval Certificate, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, or prior redemption, while Outstanding, at the rates per annum shown in the schedule provided in the Approval Certificate (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on the Interest Payment Date, commencing as set forth in the Approval Certificate (the “Interest Payment Date”), while the Bonds are Outstanding.

Payment of Bonds; Paying Agent/Registrar. The principal of, premium, if SECTION 4.any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise shall be payable, without exchange or collection charges to the Owners of the Bonds appearing on the Security Register maintained by the Paying Agent/Registrar, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.

The Authorized Representative’s selection and appointment of the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed, and the County agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the “Security Register”) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached hereto in substantially final form as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the County may prescribe. The County covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and shall be authorized by law to serve as a Paying Agent/Registrar.

The County reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or order

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terminating such agency. Additionally, the County agrees to promptly cause a written notice of this substitution to be sent to each Owner of the Bonds by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar.

Both principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the Owner or Owners maintained on behalf of the County by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds’ Stated Maturity or upon redemption of the Bonds, and (iii) on any other date for any other purpose. The County and the Paying Agent/Registrar, and any agent of either, shall treat the Owner as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the County nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary.

Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Owner whose name appears in the Security Register at the close of business on the last business day of the month next preceding an Interest Payment Date for the Bonds (the “Record Date”) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Owner appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Owner at the Owner’s risk and expense.

If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due.

In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date” – which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Owner of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice.

Redemption. SECTION 5.

A. Mandatory Redemption. The Bonds shall be subject, if at all, to mandatory redemption before their scheduled maturity as provided in the Approval Certificate.

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B. Optional Redemption The Bonds shall be subject, if at all, to optional redemption, before their scheduled maturity as provided in the Approval Certificate.

C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the County shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the County to exercise the right to redeem Bonds shall be entered in the minutes of the Commissioners Court of the County.

D. Selection of Bonds for Redemption. If less than all of the Bonds are to be redeemed, the particular Bonds to be redeemed will be selected by the County in integral multiples of $5,000 within any one Stated Maturity. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot or other customary method the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000.

E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption to be sent by United States mail, first-class postage prepaid, in the name of the County and at the County’s expense, by the Paying Agent/Registrar to each Owner of a Bond to be redeemed in whole or in part at the address of the Owner appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Owner.

All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Owner. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as hereinabove provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Order. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but

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not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the County to any registered securities depository and to any national information service that disseminates redemption notices.

Execution; Registration. The Bonds shall be executed on behalf of the SECTION 6.County by its County Judge under the seal of the Commissioners Court reproduced or impressed thereon, registered by the County Treasurer, and countersigned by the County Clerk and Ex-Officio Clerk of the Commissioners Court. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Bond Date, the proper officers of the County shall bind the County, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Initial Purchaser and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code.

No Bond shall be entitled to any right or benefit under this Order, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9C hereof, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 9D hereof, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered.

Registration; Transfer; Exchange of Bonds; Predecessor Bonds. The SECTION 7.Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every Owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Owner, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/ Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Owner or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar.


At the option of the Owner, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the County shall execute, and the Paying Agent/Registrar shall register and deliver the Bonds to the Owner requesting the exchange.

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Initial Bond(s). The Bonds herein authorized shall be initially issued SECTION 8.either (i) as a single fully registered Bond in the aggregate principal amount and with principal installments to become due and payable as provided in the Approval Certificate and numbered T-1, or (ii) as one (1) fully registered Bond for each year of Stated Maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward (collectively, the Initial Bond(s)) and, in either case, the Initial Bond(s) shall be registered in the name of the Initial Purchaser or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval and certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Initial Purchaser. Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the Initial Purchaser, or their designee, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Owners named and at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Initial Purchaser, or their designee, and such other information and documentation as the Paying Agent/Registrar may reasonably require.

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Forms. SECTION 9.

A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Order and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the County or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond.

The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced.


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B. Form of Definitive Bond.

REGISTERED REGISTERED NO. _______ PRINCIPAL AMOUNT $ ___________________


HAYS COUNTY, TEXAS UNLIMITED TAX ROAD BOND, SERIES 20___*

Bond Date: Interest Rate: Stated Maturity: CUSIP No:

________, 20__*

REGISTERED OWNER: ________________________________________________________

PRINCIPAL AMOUNT: _______________________________________________ DOLLARS

Hays County, Texas (the “County”), a body corporate and a political subdivision of the State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof (the “Owner”), on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Bond Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on ________* and _________* of each year, commencing ________, 20__* (each an “Interest Payment Date”).

Principal and premium, if any, on this Bond shall be payable to the Owner hereof, upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Owner of this Bond (or one or more Predecessor Bonds, as defined in the Order hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each Interest Payment Date. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Owner hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Owner hereof at the Owner’s risk and expense.


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This Bond is one of the series specified in its title issued in the aggregate principal amount of $____________* (the “Bonds”) pursuant to the authority conferred at an election held in the County on November 8, 2016 and by an order adopted by the governing body of the County (the “Order”), for the purpose of providing funds for the (i) the construction, acquisition by purchase, maintenance, and operation of macadamized, graveled, or paved roads or turnpikes, or in aid thereof, being, generally (but not by way of limitation), constructing, designing, improving, extending, expanding, upgrading and/or developing county roads, county road connectors, and/or state highways, including right-of-way acquisition, utility relocation, drainage improvements, environmental mitigation and conservation, pedestrian walkways and bicycle transportation improvements relating to these road improvements, low water crossing improvements, traffic safety, other safety, and operational improvements, and other road transportation related improvements, and (ii) the payment of the costs of issuance relating to these Bonds, under and in conformity with the laws of the State of Texas, including Chapters 1371 and 1471, as amended, Texas Government Code, Article III, Section 52 of the Texas Constitution, and an election held in the County on November 8, 2016.

[The Bonds stated to mature on __________, 20__* and __________, 20__* are referred to as the “Term Bonds”. The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on __________* in each of the years as set forth below:

Term Bonds Stated to Mature on , 20__

Term Bonds Stated to Mature on , 20__

Year Principal

Amount ($) Year Principal

Amount ($) † †

†Payable at Stated Maturity.]

[The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the County, by the principal amount of any Term Bonds of such Stated Maturity which, at least 45 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the County and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the County with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth in the Order and not theretofore credited against a mandatory redemption requirement.]

[This Bond is not subject to optional redemption prior to maturity.][As specified in the Order, the Bonds stated to mature on and after __________, 20__* may be redeemed prior to their Stated Maturities, at the option of the County, on _________, 20__*, or on any date * To be completed in accordance with the Approval Certificate.

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thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first-class postage prepaid, to Owners of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Order. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Owner hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Order for the then unredeemed balance of the principal sum hereof.]

Notwithstanding anything in the order to the contrary, the County may make any notice of redemption conditional on the occurrence of a condition precedent. In the event that the County chooses to provide a conditional notice of redemption, the County shall include in the notice of redemption that the redemption is conditioned upon the occurrence of a condition precedent. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an event of default. Further, in the case of a conditional redemption, the failure of the County to make money or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default.

If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the County or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Owner of the unredeemed balance hereof in the event of its redemption in part.]

The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the County, without legal limit as to rate or amount.

Reference is hereby made to the Order, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Owner by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Order may be amended or supplemented with or without the consent of the Owners; the rights, duties, and obligations of the County and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof and deemed to be no longer

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Outstanding thereunder; and for the other terms and provisions specified in the Order. Capitalized terms used herein have the same meanings assigned in the Order.

This Bond, subject to certain limitations contained in the Order, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar with the Assignment hereon, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Owner hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees.

The County and the Paying Agent/Registrar, and any agent of either, shall treat the Owner hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the County nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Owner appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice.

It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the County have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium, if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Order shall be construed in accordance with and shall be governed by the laws of the State of Texas.

IN WITNESS WHEREOF, the Commissioners Court of the County has caused this Bond to be duly executed under the official seal of its Commissioners Court.

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HAYS COUNTY, TEXAS

By County Judge

COUNTERSIGNED: REGISTERED:

By __________________________________

By __________________________________

County Clerk and Ex-Officio Clerk of the Commissioners Court

County Treasurer


C. 1 Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond(s) Only.


OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. __________ THE STATE OF TEXAS §

I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas.

WITNESS my signature and seal of office this ________________________________

__________________________________________ Comptroller of Public Accounts of the State of Texas


1 NOTE TO PRINTER: Not to appear on Definitive Bonds

D. 2 Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only.

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REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR

This Bond has been duly issued under the provisions of the within-mentioned Order; the Bond or Bonds of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar.

Registered this date: ____________________________________, as Paying Agent/Registrar

____________________________________ By: ___________________________________ Authorized Signature 2 NOTE TO PRINTER: Print on Definitive Bonds.

E. Form of Assignment.

ASSIGNMENT

FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): ___________________________ ______________________________________________________________________________ (Social Security or other identifying number): ______________________________________ the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________ attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.

DATED: _____________________

NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular.

Signature guaranteed:

______________________________

F. Form of Initial Bond(s).

The Initial Bond(s) shall be numbered T-1 or numbered consecutively from T-1 and upward, as applicable, and in the form set forth in paragraph B of this Section, except that the form of the single fully registered Initial Bond shall be modified as follows:

(1) immediately under the name of the Bonds the headings “Interest Rate ______” and “Stated Maturity _______” shall both be completed “as shown below”;

(2) the heading “CUSIP” shall be omitted; and

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(3) the first two paragraphs shall read as follows:

Registered Owner: __________________________________________________

Principal Amount: ________________________________________ DOLLARS

Hays County, Texas (the “County”), a body corporate and a political subdivision of the State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above (the “Owner”), or the registered assigns thereof, the Principal Amounts specified above on the _____ day of _________* in each of the years and in Principal Amounts and bearing interest at the per annum rates in accordance with the following schedule:


Principal Amounts ($)

Interest Rates (%)

(Information to be inserted from schedule in Approval Certificate.)

(or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amounts hereof from the Bond Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for to Stated Maturity or prior redemption, while Outstanding, at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on _________* and ____________* in each year, commencing _________, 20__* (each an “Interest Payment Date”).

Principal, and premium if any, of this Bond shall be payable to the Owner hereof (the “Owner”), upon its presentation and surrender, at the corporate trust office of _____________________, ___________,* (the “Paying Agent/Registrar”). Interest shall be payable to the Owner of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each Interest Payment Date. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Owner hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Owner hereof.

G. Insurance Legend. If bond insurance is obtained by the County or the Initial Purchaser for the Bonds, the Definitive Bonds and the Initial Bond(s) shall bear an appropriate legend as provided by the insurer.

Bond Fund; Investments. SECTION 10.


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A. Bond Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special Fund to be designated “Unlimited Tax Road Bonds, Series _____,* Interest and Sinking Fund” (the “Bond Fund”), which series to be designated in accordance with the designation of the Bonds set forth in the Approval Certificate, which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 20. Authorized Representatives of the County are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Bonds.

B. Investments. Pending the transfer of funds to the Paying Agent/Registrar, money in the Bond Fund may, at the option of the County, be invested in obligations identified in, and in accordance with the provisions of the “Public Funds Investment Act” (Chapter 2256, Texas Government Code, as amended); provided that all such investments shall be made in such a manner that the money required to be expended from said Bond Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the Bond Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. It is provided, however, that any interest earnings on proceeds of the Bonds which are required to be rebated to the United States of America in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section.

Tax Levy. To provide for the payment as authorized by the provisions of SECTION 11.Article III, Section 52 of the Texas Constitution of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity, there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, without legal limit as to rate or amount, on each one hundred dollars’ valuation of taxable property in the County, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The Commissioners Court hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the County for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the County.


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Application of Chapter 1208, Texas Government Codes. Chapter 1208, SECTION 12.Texas Government Code, applies to the issuance of the Bonds and the pledge of taxes granted by the County under Section 11, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the pledge of the taxes granted by the County is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in this pledge, the County agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in this pledge to occur.

Deposits to Bond Fund; Surplus Bond Proceeds. The County hereby SECTION 13.covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of annual ad valorem tax levied upon all taxable property within the County, without legal limit as to rate or amount, or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity.

Accrued interest, if any, received from the Initial Purchaser of the Bonds shall be deposited to the Bond Fund and ad valorem taxes levied and collected shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes.

Security of Funds. All money on deposit in the Funds for which this SECTION 14.Order makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Order.

Remedies in Event of Default. In addition to all the rights and remedies SECTION 15.provided by the laws of the State of Texas, the County covenants and agrees particularly that in the event the County (a) defaults in the payments to be made to the Bond Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Order, the Owners of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the County and other officers of the County to observe and perform any covenant, condition, or obligation prescribed in this Order.

No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive.

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Notices to Owners; Waiver. Wherever this Order provides for notice to SECTION 16.Owners of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Owner as it appears in the Security Register.

In any case where notice to Owners is given by mail, neither the failure to mail such notice to any particular Owners, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Owners. Where this Order provides for notice in any manner, such notice may be waived in writing by the Owner entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Cancellation. All Bonds surrendered for payment, redemption, transfer, SECTION 17.exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the County, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The County may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the County may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the County.

Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond SECTION 18.is surrendered to the Paying Agent/Registrar, or the County and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the County and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the County or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the County shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding.

In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the County in its discretion may, instead of issuing a new Bond, pay such Bond.

Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the County may require payment by the Owner of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses or charges (including attorney’s fees and the fees and expenses of the Paying Agent/Registrar) connected therewith.

Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the County, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and

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shall be entitled to all the benefits of this Order equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds.

Sale of Bonds; Approval of Purchase Contract; Official Statement SECTION 19.Approval; Use of Proceeds. A. The Bonds authorized by this Order shall be sold and delivered to the Initial Purchaser, who shall be designated in the Approval Certificate, having all the rights, benefits, and obligations of an Owner), at the price set forth in the Approval Certificate and, if applicable, in accordance with the terms of a purchase contract (the “Purchase Contract”), which an Authorized Representative is hereby authorized to execute. The Initial Bond(s) shall be registered in the name set forth in the Approval Certificate. The Commissioners Court hereby finds, determines and declares that the representations, warranties, and agreements of the County contained in the Purchase Contract, if applicable, are true and correct in all material respects and shall be honored and performed by the County. Delivery of the Bonds to the Initial Purchaser shall occur as soon as practicable after the adoption of this Order, upon payment therefor in accordance with the terms of the Approval Certificate.

B. Any Authorized Representative is hereby authorized to approve, in the name and on behalf of the County, in connection with the sale of the Bonds, the preparation and distribution of a Preliminary Official Statement and a final Official Statement relating to the Bonds to be used and distributed by the Initial Purchaser in marketing the Bonds. In addition, an Authorized Representative is authorized to deem such Preliminary Official Statement “final” for purposes of the Rule. The appropriate officials of the County are hereby authorized to sign such Official Statement and/or to deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds.

C. Proceeds from the sale of the Bonds shall be applied as follows:

(1) Accrued interest, if any, received from the Initial Purchaser shall be deposited into the Bond Fund.

(2) The proceeds from the sale of the Bonds, including any net original issue premium, shall, promptly upon receipt by the County, be applied in accordance with the provision set forth in the Approval Certificate.

(3) The balance of the proceeds derived from the sale of the Bonds (after paying costs of issuance and the other deposits referred to in paragraph (1) and (2) above) shall be deposited into the special construction account or accounts created for the project to be constructed with the Bond proceeds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Order. Interest earned on the proceeds of the Bonds pending completion of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 13 of this Order.

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Covenants to Maintain Tax-Exempt Status. SECTION 20.

A. Definitions. When used in this Section, the following terms have the following meanings:








“Yield” of

(1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and

(2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations.

B. Not to Cause Interest to Become Taxable. The County shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the County receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the County shall comply with each of the specific covenants in this Section.

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C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become “private activity bonds” within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the County shall at all times prior to the last Stated Maturity of Bonds:

(1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and

(2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the County or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes.

D. No Private Loan. Except to the extent that it will not cause the Bonds to become “private activity bonds” within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the County shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan.

E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become “arbitrage bonds” within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the County shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds.

F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the County shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder.

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G. Information Report. The County shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe.

H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder:

(1) The County shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the County may commingle Gross Proceeds of the Bonds with other money of the County, provided that the County separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith.

(2) Not less frequently than each Computation Date, the County shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The County shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date.

(3) As additional consideration for the purchase of the Bonds by the Initial Purchaser and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the County shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder.

(4) The County shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations.

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I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the County shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm’s length and had the Yield of the Bonds not been relevant to either party.

J. Bonds Not Hedge Bonds.

(1) The County reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued.

(2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more.

K. Elections. The County hereby directs and authorizes any Authorized Representative to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date.

Control and Custody of Bonds. The County Judge shall be and is hereby SECTION 21.authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General, including the printing and supply of definitive Bonds, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Initial Purchaser.

Furthermore, one or more Authorized Representatives, either or all, are hereby authorized and directed to furnish and execute such documents relating to the County and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the County’s financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Initial Purchaser and the initial exchange thereof for definitive Bonds.

Satisfaction of Obligation of County. If the County shall pay or cause to SECTION 22.be paid, or there shall otherwise be paid to the Owners, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Order, then the pledge of taxes levied under this Order and all covenants, agreements, and other obligations of the County to the Owners shall thereupon cease, terminate, and be discharged and satisfied.

Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and

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held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The County covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 20 hereof).

Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the County or deposited as directed by the County. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Bonds such money was deposited and is held in trust to pay shall upon the request of the County be remitted to the County against a written receipt therefor, subject to the unclaimed property laws of the State of Texas.

Notwithstanding any other provision of this Order to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the County expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds.

Printed Opinion. The Initial Purchaser’s obligation to accept delivery of SECTION 23.the Bonds is subject to its being furnished a final opinion of Andrews Kurth Kenyon LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for the Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the County Clerk of the County is hereby approved and authorized.

CUSIP Numbers. CUSIP numbers may be printed or typed on the SECTION 24.definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP

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numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the County nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds.

Effect of Headings. The Section headings herein are for convenience only SECTION 25.and shall not affect the construction hereof.

Order a Contract; Amendments; Outstanding Bonds. The County SECTION 26.acknowledges that the covenants and obligations of the County herein contained are a material inducement to the purchase of the Bonds. This Order shall constitute a contract with the Owners from time to time, shall be binding on the County and its successors and assigns, and shall not be amended or repealed by the County so long as any Bond remains Outstanding except as permitted in this Section. The County may, without the consent of or notice to any Owners, from time to time and at any time, amend this Order in any manner not detrimental to the interests of the Owners, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the County may, with the written consent of Owners holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Order; provided, however, that, without the consent of all Owners of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission.

Benefits of the Order. Nothing in this Order, expressed or implied, is SECTION 27.intended or shall be construed to confer upon any person other than the County, Bond Counsel, the Paying Agent/Registrar, and the Owners, any right, remedy, or claim, legal or equitable, under or by reason of this Order or any provision hereof, this Order and all its provisions being intended to be and being for the sole and exclusive benefit of the County, Bond Counsel, the Paying Agent/Registrar, and the Owners.

Inconsistent Provisions. All orders and resolutions, or parts thereof, which SECTION 28.are in conflict or inconsistent with any provision of this Order are hereby repealed to the extent of such conflict, and the provisions of this Order shall be and remain controlling as to the matters ordered herein.

Governing Law. This Order shall be construed and enforced in SECTION 29.accordance with the laws of the State of Texas and the United States of America.

Severability. If any provision of this Order or the application thereof to SECTION 30.any person or circumstance shall be held to be invalid, the remainder of this Order and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Commissioners Court hereby declares that this Order would have been enacted without such invalid provision.

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Incorporation of Preamble Recitals. The recitals contained in the SECTION 31.preamble to the Order are hereby found to be true, and such recitals are hereby made a part of this Order for all purposes and are adopted as a part of the judgment and findings of the Commissioners Court.

Construction of Terms. If appropriate in the context of this Order, words SECTION 32.of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders.

Authorization of Paying Agent/Registrar Agreement. The Commissioners SECTION 33.Court of the County hereby finds and determines that it is in the best interest of the County to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Order.

Public Meeting. It is officially found, determined, and declared that the SECTION 34.meeting at which this Order is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Order, was given, all as required by Chapter 551, as amended, Texas Government Code.

Unavailability of Authorized Publication. If, because of the temporary or SECTION 35.permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Order shall be given in such other manner and at such time or times as in the judgment of the County or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Order be deemed to be in compliance with the requirements for publication thereof.

No Recourse Against County Officials. No recourse shall be had for the SECTION 36.payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Order against any official of the County or any person executing any Bond.

Continuing Disclosure Undertaking. SECTION 37.

A. Definitions.

As used in this Section, the following terms have the meanings ascribed to such terms below:



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B. Annual Reports.

The County shall file annually with the MSRB, on or before March 31 of each year (or if the County’s Fiscal Year changes, within six months after the end of each Fiscal Year) commencing with Fiscal Year ending September 30, 2017, financial information and operating data with respect to the County of the general type included in the final Official Statement authorized by Section 19 of this Order being the information described in Exhibit B hereto and if not provided as part of such financial information and operating data, audited financial statements of the County, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit B hereto, or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the County commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the County shall provide unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the County must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor’s opinion on the statement, shall be filed in the office of the County Auditor on or before March 31 of each year (or if the County’s Fiscal Year changes, within 180 days after the last day of the County’s Fiscal Year). Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552.


C. Event Notices.

The County shall provide notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event:





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(7) Modifications to rights of holders of bonds, if material;


(9) Defeasances;

(10) Release, substitution, or sale of property securing repayment of bonds, if material;





For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the County in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the County, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the County.


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D. Limitations, Disclaimers, and Amendments.

The County shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the County remains an “obligated person” with respect to the Bonds within the meaning of the Rule, except that the County in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding.

The provisions of this Section are for the sole benefit of the Owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The County undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the County’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The County does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date.

UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THE OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.



The provisions of this Section may be amended by the County from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the County, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Order that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the County (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Owners and beneficial owners of the Bonds. The County may also repeal or amend the provisions of this Section if the SEC amends

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or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the County also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the County so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection B of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. If the County so amends the provisions of this Section, the County shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided.

E. Information Format; Incorporation by Reference.

The County information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word-searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers.


Book-Entry Only System. SECTION 38.

It is intended that the Bonds initially be registered so as to participate in a securities depository system (the “DTC System”) with the Depository Trust Company, New York, New York, or any successor entity thereto (“DTC”), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bond(s) described in Section 8) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The County and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Representation Letter.

With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the County and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a “Depository Participant”) or to any person on behalf of whom such a

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Depository Participant holds an interest in the Bonds (an “Indirect Participant”). Without limiting the immediately preceding sentence, the County and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than an Owner of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a Bond evidencing the obligation of the County to make payments of principal, premium, if any, and interest pursuant to this Order. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Order with respect to interest checks or drafts being mailed to the Owner, the word “Cede & Co.” in this Order shall refer to such new nominee of DTC.

In the event that (a) the County determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the County determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the County shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the County may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the County, or such depository’s agent or designee, and if the County and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Owners of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof.

Notwithstanding any other provision of this Order to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter.

Further Procedures. The officers and employees of the County are hereby SECTION 39.authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the County all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, if applicable, and the Official Statement. In addition, prior to the initial delivery of the Bonds, the County Judge, or the County Clerk and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Order or to any of the instruments authorized and approved by this Order necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Order and as described in the Official Statement, (ii) obtain a rating from any of the national

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bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General’s office. In case any officer of the County whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.

Attorney General Examination Fee. The County recognizes that under SECTION 40.Section 1202.004, Texas Government Code, the Attorney General of Texas requires a nonrefundable examination fee be paid at the time of submission of the transcript of the proceedings authorizing the Bonds and that such fee is to be calculated as provided in said Section 1202.004. Bond Counsel is accommodating the County by paying such fee upon such submission of such transcript. Officials of the County are, however, hereby authorized to reimburse Bond Counsel such amount as soon as possible and whether or not the Bonds are ever delivered and such amount is hereby appropriated from available funds for such purpose. The County is also authorized to reimburse the fund used for such repayment with proceeds of the Bonds.

Effective Date. This Order shall be in force and effect from and after its SECTION 41.final passage, and it is so ordered.


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PASSED AND ADOPTED on the _________ day of ____________, 20__.

HAYS COUNTY, TEXAS

__________________________________________ County Judge

ATTEST:

____________________________________ County Clerk and Ex-Officio Clerk of the Commissioners Court


SCHEDULE I – Form of Approval Certificate EXHIBIT A – Form of Paying Agent/Registrar Agreement EXHIBIT B – Description of Annual Financial Information

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SCHEDULE I

APPROVAL CERTIFICATE

I, the undersigned, ____________, _______________ of Hays County, Texas (the “County”), pursuant to Section 2 of the order adopted on July 11, 2017 (the “Order”) authorizing the issuance of obligations designated as “Hays County, Texas Unlimited Tax Road Bonds, Series _______” (the “Bonds”) do hereby approve the following terms of the Bonds:


2. The Bonds are hereby sold and delivered to ______________ (the “Initial Purchaser”) for cash at a price of $__________ (representing the original principal amount of the Bonds of $__________, plus an original issue reoffering premium on the Bonds of $___________, plus accrued interest in the amount of $_________, and less an underwriter’s discount of $_____________), according to the following terms:

OR

The Bonds are hereby sold and shall be delivered to _______________, acting on behalf of itself and _______________ and _______________ (collectively, the “Initial Purchaser”) pursuant to the terms of the Purchase Contract, dated __________, 20__, between the County and the Initial Purchaser, for cash at a price of $______________ (being the par amount of the Bonds, less an underwriters’ discount of $___________, plus a net reoffering premium of $_____________), according to the following terms:




( ) Principal

Amounts($) Interest

Rates(%) Yield(%)

(iii) interest on the Bonds will accrue from _____________ and will be payable _____________ and _____________ in each year commencing ____________.

(iv) [the Bonds stated to mature on ___________, 20__ are referred to as the “Term Bonds”. The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such

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purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on ___________ in each of the years as set forth below:


on ___________, 20__ Year Principal Amount ($) 20__ 20__ *

*Payable at Stated Maturity.

The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the County, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the County and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the County with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth in the Order and not theretofore credited against a mandatory redemption requirement;]

(v) [the Bonds having Stated Maturities on and after ___________, 20__, shall be subject to redemption prior to Stated Maturity, at the option of the County, on ___________, 20__, or on any date thereafter, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption;]

(vi) the Form of Bonds shall be substantially in the forms set forth in Section 8 of the Order and Exhibit A attached hereto with appropriate insertions, and omissions, and substitutions completed in accordance with this Approval Certificate;

3. the County hereby finds that the principal amount of the Bonds, in the amount of $_______, [plus $___________ of the net reoffering premium generated in connection with the sale thereof] will be allocable to road facilities projects identified in the Road Proposition and hereby determines that such principal amount shall count against the from the Road Proposition as follows:]

Purposes Amounts

Authorized

Amounts Previously

Issued Amounts Sold

this Sale

Premium Allocated to Voted

Authorization Unissued Bonds Roads $131,400,000 -- $__________ $__________ $__________

4. The County hereby ratifies, confirms, and approves in all respects (a) the Preliminary Official Statement was, as of its date, “deemed final” in accordance with SEC

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Rule 15c2-12 and (b) the use and distribution of the Preliminary Official Statement by the Initial Purchaser in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale, [attached as Exhibit __] to the Purchase Contract (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Initial Purchaser are hereby authorized to use and distribute the final Official Statement, dated __________, 20__, in the reoffering, sale and delivery of the Bonds to the public.

5. The Paying Agent/Registrar of the Bonds is __________________.

6. The bond insurer of the Bonds is ______________.

7. The net effective interest rate on the Bonds is ____________%.

8. Bond proceed, including the net premium, shall be deposited or used as follows: (a) $___________ shall be deposited to the Bond Fund as accrued interest, (b) $____________ shall be deposited into the construction fund, (c) $___________ shall be used to pay costs of issuance, including underwriters’ discount, and (d) $___________ shall be deposited into the Bond Fund as excess premium.

9. Net original issue premium from the sale of the Bonds in the amount of $________ is allocated in the following manner: (a) $________ to pay the Initial Purchaser’s compensation, (b) $___________ is allocated against the County’s voted authorization and shall be deposited to the construction fund, (c) $_________ to pay certain costs of issuance and (d) $__________ shall be deposited to the Bond Fund as the rounding amount.

10. The County hereby confirms the representations, covenants, and warranties made with respect to continuing disclosure undertaking in Section 37 of the Order and Exhibit B attached hereto.

11. The undersigned Authorized Representative, upon consultation with the County’s financial advisor, hereby determines that the terms of the sale as set forth in this Certificate and the Order are in the County’s best interest.


13. Capitalized terms utilized herein and not defined shall have the meanings ascribed thereto in the Order.

* * *

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EXECUTED AND DELIVERED THIS ___________________, 20__.

HAYS COUNTY, TEXAS

By: ____________________________________ Title: ___________________________________

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EXHIBIT A


THIS PAYING AGENT/REGISTRAR AGREEMENT entered into as of ____________, 20__ (this “Agreement”), by and between the HAYS COUNTY, TEXAS (the “Issuer”), and _______________________, _____, a banking association duly organized and existing under the laws of the United States of America (the “Bank”).

RECITALS

WHEREAS, the Issuer has duly authorized and provided for the issuance of its “Hays County, Texas Unlimited Tax Road Bonds, Series 20__” (the “Securities”), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon;

WHEREAS, the Securities are scheduled to be delivered to the initial purchaser thereof as provided in the Order;








Section 1.02. Compensation. As compensation for the Bank’s services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank’s current fee schedule then in effect for services as Paying

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Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year.



Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:


“Authorized Representative” means any of the County Judge, the County Clerk, the County Auditor and/or the County Attorney.


“Bank Principal Payment Office” means ______________, Texas.

“Commissioner’s Court” means the Commissioners Court of Hays County, Texas.



“Owner” and “Security Owner” each means any Person who shall be the registered owner of any outstanding Bonds on the Security Register; provided, however, if the Bonds are in a securities depository system, registered owner shall include the beneficial own of the Bonds.


“Order” means the order of the governing body of the Issuer pursuant to which the Securities are issued, certified by the County Clerk of the Commissioners Court of Hays County, Texas, or any other officer of the Issuer, together with an approval certificate of a designated officer of the Issuer as authorized by the order approving the final terms of the sale of the Securities, and delivered to the Bank.


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Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Owner upon surrender of the Security to the Bank at the Bank Principal Payment Office.

As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Owner and preparing and sending checks by United States mail, first class postage prepaid, on each payment date, to the Owners of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Owner at the Owner’s risk and expense.


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Section 4.01. Security Register; Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Principal Payment Office books and records (herein sometimes referred to as the “Security Register”) for recording the names and addresses of the Owners of the Securities, the transfer, exchange, and replacement of the Securities, and the payment of the principal of and interest on the Securities to the Owners and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges, and replacement of Securities shall be noted in the Security Register.

Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Owner thereof or his agent duly authorized in writing.


To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Owners thereof will be completed and new Securities delivered to the Owner or the assignee of the Owner in not more than three business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Owner, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar.




Section 4.04. List of Security Owners. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security

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Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form.




In case any Security shall be mutilated, or destroyed, lost, or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only after (i) the filing by the Owner thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss, or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution, and delivery of a replacement Security shall be borne by the Owner of the Security mutilated, or destroyed, lost, or stolen.


ARTICLE V. THE BANK

Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. The Bank is also authorized to transfer funds relating to the closing and final delivery of the Securities in the manner disclosed in the closing memorandum as prepared by the Issuer’s Financial Advisor or other agent. The

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Bank may act on a facsimile or e-mail transmission of the closing memorandum acknowledged by the Financial Advisor or the Issuer as the final closing memorandum. The Bank shall not be liable for any losses, costs, or expenses arising directly or indirectly from the Bank’s reliance upon and compliance with such instructions.





(d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Owner or an agent of the Owner. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer.




The Bank shall in no event be liable to the Issuer, any Owner or Owners of any Security, or any other Person for any amount due on any Security from its own funds.

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Section 5.06. Money Held by Bank. A special depository account shall at all times be kept and maintained by the Bank for the receipt, safekeeping, and disbursement of money received from the Issuer and held hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Owners of the Securities, to the extent permitted by law, shall be continuously collateralized by securities or obligations which qualify and are eligible under the laws of the State of Texas to secure and be pledged as collateral for deposits of public funds by an instrumentality and political subdivision of the State of Texas to the extent that such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such account shall be made by check drawn on such account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment.

All funds at any time and from time to time provided to or held by the Bank hereunder shall be deemed, construed, and considered for all purposes as being provided to or held by the Bank in trust. The Bank acknowledges, covenants, and represents that it is acting herein in trust in relation to such funds, and is not accepting, holding, administering, or applying such funds as a banking depository, but solely as a paying agent for and on behalf of the Security thereto. The Owners shall be entitled to the same preferred claim and first lien on the funds so provided as are enjoyed by the beneficiaries of trust funds generally. The funds provided to the Bank hereunder shall not be subject to warrants, drafts or checks drawn by the Issuer and, except as expressly provided herein, shall not be subject to compromise, setoff, or other charge or diminution by the Bank.


Subject to the unclaimed property laws of the State of Texas and any provisions in the Resolution to the contrary, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for three years after final maturity of the Security has become due and payable will be paid by the Bank to the issuer, and the Owner of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such money shall thereupon cease. If the Issuer does not elect, the Bank is directed to report and dispose of the funds in compliance with Title 6 of the Texas Property Code, as amended.

Section 5.07. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement.

Section 5.08. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where the

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administrative offices of the Issuer are located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein.










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Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Owners thereof or (ii) may be earlier terminated by either party upon 60 days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Owners of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay, or otherwise adversely affect the payment of the Securities.





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A-10 Signature Page to Paying Agent/Registrar Agreement

HOU:3765316.1


___________________________________ By:_________________________________ Title:_______________________________

Address: ___________________________ ____________________________ (BANK SEAL)

HAYS COUNTY, TEXAS Attest: By:_________________________________ By:_________________________________

County Clerk and Ex-Officio Clerk County Judge of the Commissioners Court of Address: 712 S. Stagecoach Trail, Ste. 2008 Hays County San Marcos, Texas 78666


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Schedule A


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EXHIBIT B

Description of Annual Financial Information*


Annual Financial Statements and Operating Data

The financial information and operating data with respect to the County to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below:

(1) The County’s audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the County appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year.

(2) Tables [1 through 5 and 7 through 12] as disclosed in the Official Statement and in Appendix B.

Accounting Principles

The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time.

_____________________________ * Subject to any changes prescribed by the Approval Certificate.

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Bert Cobb, M.D. County Judge Debbie Gonzales Ingalsbe Commissioner, Precinct No. 1 Mark Jones Commissioner, Precinct No. 2 Will Conley Commissioner, Precinct No. 3 Ray Whisenant Commissioner, Precinct No. 4

and all of such persons were present at the Meeting, , except the following: , thus constituting a quorum. Among other business considered at the Meeting, the attached order (the “Order”) entitled:

AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF “HAYS COUNTY, TEXAS UNLIMITED TAX ROAD BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHOUT LIMIT AS TO RATE OR AMOUNT, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE


__ voted “For” voted “Against” “Abstained”


2. The attached Order is a true and correct copy of the original on file in the official records of the County; the duly qualified and acting members of the Court on the date of the

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Signature Page To Certificate For Order HOU:3765316.1

Meeting are those persons shown above, and, according to the records of my office, each member of the Court was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Order would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Order, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code.


__________________________________________ County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County, Texas


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AGENDA ITEM

Discussion and possible action to adopt an order by the Commissioners Court of Hays County, Texas authorizing the issuance of one or more series of “Hays County, Texas Limited Tax Refunding Bonds”; levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; delegating authority to certain County officials and County staff to execute certain documents related to the sale of the bonds; authorizing the execution of an escrow agreement and a paying agent/registrar agreement; and providing an effective date.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY 24B49B74B99B124B149B174B199B224BThis delegation/parameter bond order is needed for the issuance of refunding bonds, as recommended by Bond Counsel.

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ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS


ONE OR MORE SERIES OF “HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN COUNTY OFFICIALS AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATED TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE


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TABLE OF CONTENTS

SECTION 1. Definitions ..............................................................................................................2 SECTION 2. Authorization of the Bonds ....................................................................................5 SECTION 3. Date, Denominations, Numbers, and Maturities of and Interest on the Bonds ......7 SECTION 4. General Characteristics and Form of the Bonds .....................................................8 SECTION 5. County Funds .......................................................................................................22 SECTION 6. Investments and Security ......................................................................................23 SECTION 7. Tax Levy ...............................................................................................................24 SECTION 8. Deposits to Bond Fund .........................................................................................24 SECTION 9. Covenants Regarding Tax Matters .......................................................................24 SECTION 10. Payment of Bonds; Paying Agent/Registrar .........................................................28 SECTION 11. Initial Bond(s) .......................................................................................................28 SECTION 12. Exchange and Transfer of the Bonds ...................................................................29 SECTION 13. County Officers’ Duties .......................................................................................30 SECTION 14. Remedies of Owners ............................................................................................30 SECTION 15. Lost, Stolen, Destroyed, Damaged, or Mutilated Bonds; Destruction of Paid

Bonds ....................................................................................................................31 SECTION 16. Redemption ..........................................................................................................31 SECTION 17. Satisfaction of Obligation of County ....................................................................33 SECTION 18. Order a Contract; Amendments ............................................................................34 SECTION 19. Sale and Delivery of Bonds ..................................................................................34 SECTION 20. Designation of Escrow Agent and Approval of Escrow Agreement ....................35 SECTION 21. Use of Proceeds ....................................................................................................35 SECTION 22. Matters Related to Refunding ...............................................................................35 SECTION 23. Continuing Disclosure Undertaking .....................................................................36 SECTION 24. Book-Entry Only System .....................................................................................39 SECTION 25. Perfection of Security ...........................................................................................41 SECTION 26. Further Procedures ...............................................................................................41 SECTION 27. Attorney General Examination Fee ......................................................................41 SECTION 28. Miscellaneous Provisions .....................................................................................42

SCHEDULE I – Candidates for Refunded Obligations EXHIBIT A – Form of the Approval Certificate EXHIBIT B – Form of Paying Agent/Registrar Agreement EXHIBIT C – Form of Notice of Redemption EXHIBIT D – Description of Annual Financial Information

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ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF “HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN COUNTY OFFICIALS AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATED TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Commissioners Court (the “Commissioners Court”) of Hays County, Texas (the “County”) has previously authorized and there is presently outstanding the obligations of the County, described in Schedule I attached hereto; and

WHEREAS, the County desires to refund certain of its outstanding obligations identified in Schedule I which are callable and designated by an authorized representative in an approval certificate to be refunded (the “Refunded Obligations”); and

WHEREAS, Chapter 1207, Texas Government Code, as amended (“Chapter 1207”), authorizes the County to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available funds or resources, directly with any place of payment for the Refunded Obligations, a trust company or commercial bank which is not a depository of the County (the “Escrow Agent”), and such deposit, when made in accordance with Chapter 1207 and the orders authorizing the issuance of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and

WHEREAS, Chapter 1207 further authorizes the County to enter into an escrow agreement with an Escrow Agent with respect to the safekeeping, investment, reinvestment, administration, and disposition of any such deposit, upon such terms and conditions as the County and such Escrow Agent may agree, provided that such deposits may be invested and reinvested in obligations permitted under Chapter 1207, which obligations shall mature and bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment or prepayment of the refunded obligations; and

WHEREAS, the Commissioners Court hereby finds and declares a public purpose and deems it advisable to refund the Refunded Obligations in order to effect a gross debt service savings and a present value saving in interest costs; and that such benefit is sufficient consideration for the refunding of the Refunded Obligations, and that the issuance of the refunding bonds is in the best interests of the County; and

WHEREAS, the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bonds hereinafter authorized; and

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WHEREAS, in accordance with the provisions of Section 81.006, Texas Local Government Code, as amended, the Commissioners Court hereby finds and determines that this order was adopted at a regularly scheduled meeting of the Commissioners Court; and

WHEREAS, the Commissioners Court herby finds and determines that the issuance of the limited tax refunding bonds is in the most reasonable and advantageous and are in best interest of the citizens of the County;

NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS THAT:

DEFINITIONS. For all purposes of this Order (as defined below), except SECTION 1. as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 9 and 23 of this Order have the meanings assigned to them such Sections, and all such terms, include the plural as well as the singular; (ii) all references in this Order to designated “Sections” and other subdivisions are to the designated Sections and other subdivisions of this Order as originally adopted; and (iii) the words “herein”, “hereof’, and “hereunder” and other words of similar import refer to this Order as a whole and not to any particular Section or other subdivision.

“Approval Certificate” means one or more approval certificates approved by the (a)Authorized Representative in connection with the issuance of a series of Bonds issued under this Order.

“Authorized Representative” means any of the County Judge, the County Clerk, (b)the County Treasurer, the County Auditor and/or the General Counsel to the Commissioners Court.

“Bond Counsel” means Andrews Kurth Kenyon LLP or such other firm of (c)nationally recognized bond counsel appointed by the County.

“Bond Fund” means the special fund created and established by the provisions of (d)Section 5 of this Order.

“Bonds” means one or more series of bonds authorized by this Order and any (e)Approval Certificate relating to such bonds.

“Code” means the Internal Revenue Code of 1986, as amended. (f)

“County” means Hays County, Texas and, where appropriate, the Commissioners (g)Court of the County as its governing body.

“Current Interest Bonds” means those Bonds on which interest is paid (h)semiannually on the Interest Payment Dates.

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“Debt Service Requirements” means, as of any particular date of computation, (i)with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the County as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto.

“Depository” means an official depository bank of the County. (j)

“DTC” means The Depository Trust Company of New York, New York, or any (k)successor securities depository.

“Escrow Agent” means the escrow agent designated by the Authorized (l)Representative in an Approval Certificate, or any successor thereto.

“Escrow Agreement” means an escrow agreement, deposit agreement or similar (m)agreement dated as of the dated date of the Bonds specified in an Approval Certificate.

“Expiration Date” means the expiration date specified in Section 2 of this Order. (n)

“Fiscal Year” means the annual financial accounting period for the County now (o)ending on September 30th of each year; provided, however, the Commissioners Court may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law.

“Government Securities” means (i) direct noncallable obligations of the United (p)States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than “AAA” or its equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than “AAA” or its equivalent.

“Initial Purchaser” means, collectively, the initial purchaser or initial purchasers (q)or underwriter or underwriters named in an Approval Certificate.

“Interest Payment Date” means the date semiannual interest is payable on the (r)Bonds commencing on the interest commencement date as specified in the Approval Certificate, while any of the Bonds remain Outstanding.

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“Order” means this “Order Authorizing the Issuance of One or More Series of (s)Hays County, Texas Limited Tax Refunding Bonds; Establishing Procedures for Selling and Delivering The Bonds; Delegating the Authority to Certain County Officials and County Staff to Execute Certain Documents Related to the Sale of the Bonds; Authorizing the Execution of an Escrow Agreement and a Paying Agent/Registrar Agreement; and Providing an Effective Date” adopted by the Commissioners Court on July 11, 2017, together with any Approval Certificates.

“Outstanding” when used in this Order with respect to Bonds means, as of the (t)date of determination, all Bonds issued and delivered under this Order, except:

(i) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation;

(ii) those Bonds for which payment has been duly provided by the County in accordance with the provisions of Section 17 of this Order; and

(iii) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 15 of this Order.

“Owners” means any Person who shall be the registered owner of any outstanding (u)Bonds on the Security Register; provided, however, if the Bonds are in a securities depository system, registered owner shall include the beneficial own of the Bonds.

“Paying Agent/Registrar” means the paying agent/registrar designated by the (v)Authorized Representative in an Approval Certificate, such other bank or trust company as may hereafter be appointed in substitution therefor or in addition thereto to perform the duties of the Paying Agent/Registrar in accordance with this Order.

“Paying Agent/Registrar Agreement” means the agreement, dated as of the Bond (w)Date of the Bonds specified in an Approval Certificate, between the Paying Agent/Registrar and the County relating to the registration, authentication, and transfer of the Bonds, in substantially the form attached hereto as Exhibit B.

“Person” means any individual, corporation, partnership, joint venture, (x)association, joint stock company, trust, unincorporated organization or government, or any agency or political subdivision of a government.

“Premium Capital Appreciation Bonds” means those Bonds bearing compound (y)interest at the rate set out in an Approval Certificate to accrete from their date of delivery and compounding on the dates set forth in an Approval Certificate, payable only at maturity.

“Purchase Contract” means a purchase contract between the County and any (z)Initial Purchaser approved by an Authorized Representative.

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“Record Date” means the date specified in Section 4 of this Order upon which the (aa)Person to whom payment is due on any Bond is determined, or as otherwise specified in an Approval Certificate.

“Refunded Obligations” means the County's outstanding debt described in (bb)Schedule I attached hereto to be refunded or defeased with the proceeds of the Bonds as provided in an Approval Certificate.

“Representation Letter” means the Blanket Letter of Representations between the (cc)County and DTC.

“Security Register” means the books of registration kept by the Paying (dd)Agent/Registrar in which are maintained the names and addresses of and the principal amounts registered to each Owner.

“Stated Maturity” when used with respect to any Bond, means the date specified (ee)in such Bond as the fixed date on which the principal of such Bond is due and payable.

“Tax-Exempt Bond” means any Bond, the interest on which is excludable from (ff)gross income for federal income tax purposes.

“Taxable Bond” means any Bond, the interest on which is not excludable from (gg)gross income for federal income tax purposes.

AUTHORIZATION OF THE BONDS. There is hereby ordered to be SECTION 2. issued, under and by virtue of the laws of the State of Texas, including particularly Chapter 1207, Texas Government Code, as amended, one or more series of bonds of the County to be known as “HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS, SERIES ________” (the “Bonds”), payable from ad valorem taxes as provided in this Order, for the purposes described in the “Form of Bonds” contained in Section 4 hereof. The series of such Bonds shall be designated by the Authorized Representative in an Approval Certificate.

As authorized by Chapters 1207 and 1371, Texas Government Code, as amended, each Authorized Representative is each hereby authorized, appointed, and designated as a representative of the County authorized to act on behalf of the County in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Order, including determining the following:

the obligations to be refunded; (a)

the aggregate principal amount of the Bonds; (b)

the date, form, and series designation of the Bonds; (c)

designation of all or any of the Bonds as Tax-Exempt Bonds or Taxable Bonds; (d)

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the aggregate principal amount of each maturity of the Bonds and the rate of (e)interest to be borne on the principal amount of each maturity;

the interest payment dates; (f)

the allocation of any premium generated from the sale of the Bonds; (g)

the optional, extraordinary optional, and/or mandatory redemption provisions; (h)

pricing of the bonds, including use of premium, discount, underwriters’ (i)compensation, and costs of issuance;

bond insurer, if any; (j)

the form of the Escrow Agreement and selection of the escrow agent; (k)

the selection of the paying agent/registrar; and (l)

method by which the Bonds will be sold (competitive sale, negotiated (m)underwriting, or direct private placement), including selection, replacement, or confirmation, as applicable, of the underwriting syndicate, to consist of one or more financial institutions included in the County's underwriters pool, and the establishment or confirmation, as applicable, of the respective roles of the members of such syndicate, which approval, replacement, and establishment (if any) shall supersede prior action or actions of the Commissioners Court concerning the same.

Any Authorized Representative, acting for and on behalf of the County, is authorized to execute the Approval Certificate in substantially the form as attached hereto as Exhibit A. The Bonds shall be issued in the aggregate principal amount not to exceed $95,000,000; the maximum maturity of the Bonds will February 15, 2038; the refunding must result in a net present value savings of at least 3.00%, including the County's cash contribution, if any; and the net effective per annum rate, calculated in a manner consistent with the provisions of Chapter 1204, Texas Government Code, as amended, shall not exceed the maximum net effective per annum rate permitted thereunder.

The execution of the Approval Certificate shall evidence the sale date of the Bonds by the County to the Initial Purchasers in accordance with the provisions of Chapter 1371 and as set forth in Exhibit A. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371.

Any Authorized Representative may approve modifications to this Order to conform to the terms of the Bonds, as approved by the Authorized Representative, and execute any instruments, agreements and other documents as the Authorized Representative shall deem necessary or appropriate in connection with the issuance, sale and delivery of the Bonds pursuant to this Order. Any finding by the Authorized Representative relating to the sale and delivery of

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the Bonds shall have the same force and effect as a finding or determination made by the Commissioners Court.


In satisfaction of Section 1201.022(a)(3), Texas Government Code, the Commissioners Court hereby determines that the delegation of the authority to the Authorized Representative to approve the final terms and conditions of each series of the Bonds as set forth in this Order is, and the decisions made by the Authorized Representative pursuant to such delegated authority and incorporated in an Approval Certificate will be, in the best interests of the County and shall have the same force and effect as if such determination were made by the Commissioners Court, and the Authorized Representative is hereby authorized to make and include in an Approval Certificate an appropriate finding to that effect. Any finding or determination made by the Authorized Representative relating to the issuance and sale of the Bonds and the execution of the Purchase Contract in connection therewith shall have the same force and effect as a finding or determination made by the Commissioners Court. Upon execution of the Approval Certificate, Bond Counsel is authorized to revise and complete this Order, if necessary, to reflect such final terms.

DATE, DENOMINATIONS, NUMBERS, AND MATURITIES OF AND SECTION 3. INTEREST ON THE BONDS. The Bonds shall be dated as set forth in the Approval Certificate (the “Bond Date”). Interest shall commence to accrue on the Bonds as set forth in the Approval Certificate. The Bonds shall be in the respective denominations and principal amounts hereinafter stated, payable to the Initial Purchaser (the “Initial Purchaser”), or to the registered assignee or assignees of the Bonds or any portion or portions thereof. The Bonds shall mature on the principal payment dates in each of the years and in the amounts and bear interest as set forth in the Approval Certificate.

The Bonds may be issued as Current Interest Bonds and/or Premium Capital Appreciation Bonds.

The Initial Current Interest Bond shall be numbered I-1 and all other Current (a)Interest Bonds shall be numbered in sequence beginning with R-1. Current Interest Bonds delivered on transfer of or in exchange for other Current Interest Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same day and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered.

The Premium Capital Appreciation Bonds, if any, shall be initially issued bearing (b)compound interest at the rates set out in the Approval Certificate. The Initial Premium Capital Appreciation Bond shall be numbered IPCAB-1 (together with the Initial Current Interest Bond, the “Initial Bonds”) and all other Premium Capital Appreciation Bonds shall be numbered in

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sequence beginning the RPCAB-1. Premium Capital Appreciation Bonds delivered on transfer of or in exchange for other Premium Capital Appreciation Bonds shall be numbered in order of their authentication by the Registrar, shall be in the Maturity Amount of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered.

GENERAL CHARACTERISTICS AND FORM OF THE BONDS. The SECTION 4. Bonds shall be issued, shall be payable, may be redeemable prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and the Bonds shall be sealed) all as provided, and in the manner indicated in the form set forth below. The Form of the Bonds, the Form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and manually endorsed on the Initial Bond (hereinafter defined), the Form of the Authentication Certificate, the Form of Insurance Statement, if any, and the Form of Assignment, which shall be, respectively, substantially as follows, with necessary and appropriate variations, omissions, and insertions as permitted or required by this Order and the Approval Certificate, and the definitions contained with each such form shall apply solely to such form:

Form of Current Interest Bonds. (a)

Form of Definitive Current Interest Bonds

[To be completed as determined in the Approval Certificate]


HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BOND, SERIES _______

NUMBER DENOMINATION R-__________ $____________ REGISTERED REGISTERED

INTEREST RATE

DATED DATE

MATURITY DATE CUSIP NO.

% _________, 20__

REGISTERED OWNER:

PRINCIPAL AMOUNT: DOLLARS ($__________)

HAYS COUNTY, TEXAS (the “County”), a body corporate and political subdivision of the State of Texas, for value received, promises to pay to the Registered Owner, specified above,

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or registered assignees (the “Owner”) on the Maturity Date, specified above, upon presentation and surrender of this Bond at the designated payment office of ______________________, ______, Texas, or its successor (the “Paying Agent/Registrar”), the Principal Amount, specified above, in lawful money of the United States of America, and to pay interest thereon at the Interest Rate, specified above, calculated on the basis of a 360-day year of twelve 30-day months, from the later of ___________________, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Bond is payable by check dated ___________, 20__ and each __________ and __________ thereafter, mailed to the Owner of record as shown on the books of registration kept by the Paying Agent/Registrar (the “Security Register”), as of the date which is the last business day of the month next preceding the interest payment date or in such other manner as may be acceptable to the Owner and the Paying Agent/Registrar. Notwithstanding the above paying procedures, upon written request to the County and the Paying Agent/Registrar, the Owner of at least $1,000,000 in principal amount may receive all payments of principal and interest hereon by wire transfer on each payment date. CUSIP number identification with appropriate dollar amount of payment pertaining to each CUSIP number (if more than one CUSIP number) must accompany all payments of interest and principal, whether by check or wire transfer. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the “Special Payment Date,” which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of the Owner appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bond, when due, in the manner set forth in the Order defined below.

THIS BOND is one of a series of Bonds, dated as of _________, 20__ (the “Bonds”) of like designation and tenor, except as to number, interest rate, denomination, and maturity issued pursuant to the Order adopted by the Commissioners Court of the County on July 11, 2017 and an “Approval Certificate” executed pursuant thereto (collectively, the “Order”), in the original aggregate principal amount of $_________ for the purpose of refunding certain outstanding bonds and to pay costs of issuance of the Bonds by virtue of the laws of the State of Texas, including particularly Chapters 1207 and 1371, Texas Government Code, as amended. [The Bonds are issued in part as “Current Interest Bonds”, which total in aggregate principal amount $_________ and pay accrued interest at stated intervals to the Owner and in part as “Premium Capital Appreciation Bonds”, which total in aggregate original principal amount, $________ and pay no accreted interest prior to Stated Maturity.] 1

1 Bracketed text to be included if Current Interest Bonds and Premium Capital Appreciation Bonds are issued.

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THE COUNTY RESERVES THE RIGHT to redeem the [Current Interest]1 Bonds maturing on or after ___________, 20__, in whole or in part, in integral multiples of $5,000, on ___________, 20__, or on any date thereafter. Such optional redemptions shall be at a redemption price of par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. If less than all of the Bonds are to be redeemed, the particular Bonds to be redeemed shall be selected by the County in integral multiples of $5,000 within any one maturity. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot or other customary method the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000.

[The following paragraph to be included if Term Bonds] THE BONDS maturing in ____________ (the “Term Bonds”) shall be subject to mandatory sinking fund redemption, in whole or in part (at a redemption price equal to the principal amount thereof and any accrued interest thereon to the date set for redemption), on ___________ in each of the years and in the amounts set forth below:

Redemption Date Principal Amount

$

(final maturity)

At least 30 days prior to the mandatory redemption date for the Term Bonds, the Paying Agent/Registrar shall select by lot the numbers of the Term Bonds to be redeemed. Any Term Bonds, or a portion thereof, not selected for prior redemption shall be paid on the date of final maturity. To the extent, however, that the Term Bonds of a maturity which at least 45 days prior to a mandatory redemption date (i) shall have been defeased or acquired by the County and delivered to the Paying Agent/Registrar for cancellation, (ii) have been previously purchased by the County and delivered to the Paying Agent/Registrar for cancellation or (ii) called for optional redemption in part and other than from a sinking fund redemption payment, the annual sinking fund payments therefore shall be reduced by the amount obtained by multiplying the principal amount of the Term Bonds of such maturity so purchased or redeemed by the ratio which each remaining annual sinking fund redemption payment therefore bears to the total sinking fund payments for such maturity, and by rounding each such payment to the nearest $5,000 integral.

AT LEAST 45 DAYS PRIOR TO THE DATE FIXED FOR ANY REDEMPTION OF BONDS or portions thereof prior to maturity a written notice of such redemption shall be given by the County to the Paying Agent/Registrar, and the Paying Agent/Registrar shall send a copy

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of such notice at least 30 days prior to the date fixed for redemption by United States mail, first class, postage prepaid, addressed to the Owner of each Bond to be redeemed in whole or in part at the address shown on the Security Register; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption.

NOTWITHSTANDING ANYTHING IN THE ORDER TO THE CONTRARY, the County may make any notice of redemption conditional on the occurrence of a condition precedent. In the event that the County chooses to provide a conditional notice of redemption, the County shall include in the notice of redemption that the redemption is conditioned upon the occurrence of a condition precedent. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an event of default. Further, in the case of a conditional redemption, the failure of the County to make money or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default.

IF THIS BOND (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given and not rescinded, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the County or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Owner of the unredeemed balance hereof in the event of its redemption in part.

THE BONDS are issued pursuant to the Order whereunder the County covenants to levy a continuing, direct, annual ad valorem tax on taxable property within the County, within the limitations prescribed by law, for each year while any part of the Bonds are considered outstanding under the provisions of the Order, in a sufficient amount to pay interest on each Bond as it becomes due, to provide for the payment of the principal or maturing amounts, as appropriate, of the Bonds when due, and to pay the expenses of assessing and collecting such tax. Reference is hereby made to the Order for provisions with respect to the custody and application of the County's funds, remedies in the event of a default hereunder or thereunder, and the other rights of the Owner.

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THIS BOND IS TRANSFERABLE OR EXCHANGEABLE only upon presentation and surrender at the designated payment office of the Paying Agent/Registrar. If a Bond is being transferred, it shall be duly endorsed for transfer or accompanied by an assignment duly executed by the Owner, or his authorized representative, subject to the terms and conditions of the Order. If a Bond is being exchanged, it shall be in the principal amount of $5,000 or any integral multiple thereof, all subject to the terms and conditions of the Order. The Owner of this Bond shall be deemed and treated by the County and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the County and the Paying Agent/Registrar shall not be affected by any notice to the contrary.

IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the County, resigns, or otherwise ceases to act as such, the County has covenanted in the Order that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the Owner.

IT IS HEREBY CERTIFIED, COVENANTED, AND REPRESENTED that all acts, conditions, and things necessary to be done precedent to the issuance of the Bonds in order to render the same legal, valid, and binding obligations of the County have happened and have been accomplished and performed in regular and due time, form, and manner, as required by law; that provision has been made for the payment of the principal of and interest on, or maturing amounts of (as appropriate) the Bonds by the levy of a continuing, direct, annual ad valorem tax upon all taxable property within the County, within the limit prescribed by law; and that issuance of the Bonds does not exceed any constitutional or statutory limitation.

BY BECOMING the Owner of this Bond, the Owner thereby acknowledges all of the terms and provisions of the Order, agrees to be bound by such terms and provisions, and agrees that the terms and provisions of this Bond and the Order constitute a contract between each Owner and the County.

IN WITNESS WHEREOF this Bond has been signed with the manual or facsimile signature of the County Judge of the County and countersigned with the manual or facsimile signature of the County Clerk of the County, and registered by the manual or facsimile signature of the County Treasurer of the County, and the official seal of the Commissioners Court of the County has been duly impressed, or placed in facsimile, on this Bond.

HAYS COUNTY, TEXAS

County Judge

COUNTERSIGNED:

_______________________________________ County Clerk and Ex-Officio Clerk of the

REGISTERED:

__________________________________ County Treasurer of Hays County, Texas

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Commissioners Court of Hays County, Texas



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Form of Initial Current Interest Bond. (b)

[To be completed as determined in the Approval Certificate]

The Initial [Current Interest] Bond shall be in the form set forth above for the Definitive [Current Interest] Bond, except the following shall replace the heading and the first paragraph:

NO. I-1 $_________


HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BOND, SERIES ______

Dated Date: __________________, 20___

Registered Owner: ___________________________

Principal Amount: _______________________________________ ($_________)

HAYS COUNTY, TEXAS, a body corporate and a political subdivision of the State of Texas (the “County”), for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner, specified above, or the registered assigns thereof (the “Owner”), the Principal Amount, specified above, with principal installments payable on ___________ in each of the years, and bearing interest at per annum rates in accordance with the following schedule:

YEARS OF STATED MATURITIES

PRINCIPAL INSTALLMENTS

INTEREST RATE

$ %

(Information to be inserted from Approval Certificate)

INTEREST on the unpaid Principal Amount hereof from the Dated Date, specified above, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for shall be paid computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on __________ and __________ of each year, commencing _____________, 20__.

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THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The final payment of principal of this Bond shall be paid to the Owner hereof upon presentation and surrender of this Bond at final maturity, at the designated payment office of _______________________, _________, Texas, which is the “Paying Agent/Registrar” for this Bond. The payment of principal installments and interest on this Bond shall be made by the Paying Agent/Registrar to the Owner hereof as shown by the Security Register kept by the Paying Agent/Registrar at the close of business on the Record Date by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the County required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, postage prepaid, on each such payment date, to the Owner hereof at its address as it appears on the Security Register. The record date (“Record Date”) for payments hereon means the last business day of the month preceding a scheduled payment. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the “Special Payment Date,” which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of the Owner appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due, in the manner set forth in the Order defined below.


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Form of Premium Capital Appreciation Bonds. (c)

Form of Definitive Premium Capital Appreciation Bonds

[To be completed as determined in the Approval Certificate.]

REGISTERED NO. RPCAB ____________

REGISTERED MATURITY AMOUNT _____________


HAYS COUNTY LIMITED TAX REFUNDING BOND, SERIES _____

Bond Date: Stated Yield: Stated Maturity:

CUSIP No.:

REGISTERED OWNER:

MATURITY AMOUNT: DOLLARS

The Hays County, Texas, a body corporate and political subdivision in the State of Texas (the “County”), for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof (the “Owner”), on the Stated Maturity date specified above, the Maturity Amount stated above. The Maturity Amount of this Bond represents the accretion of the original principal amount of this Bond (including the initial premium, if any, paid therefor) from the date of initial delivery of this Bond to the Purchaser thereof to its Stated Maturity and such accretion in value occurs at the above Stated Yield and compounds on ________, 20__, and semiannually thereafter on __________ and __________. A table of the “Accreted Values” per $5,000 “Accreted Value” at Stated Maturity is printed on the reverse side of this Bond. The term “Accreted Value”, as used herein, means the original principal amount of this Bond plus the initial premium, if any, paid therefor with interest thereon compounded semiannually from __________ or __________, as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on __________ or __________) at the Stated Yield for the Stated Maturity shown above and in the Table of Accreted Values printed hereon. For any date other than __________ or __________, the Accreted Value of this Bond shall be determined by a straight

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line interpolation between the values for the applicable semiannual compounding dates (based on 30-day months).

The Maturity Amount of this Bond is payable at its Stated Maturity to the Owner hereof, upon presentation and surrender, at the corporate trust office of ________________, _______, Texas which is the “Paying Agent/Registrar” executing the registration certificate appearing hereon, or its successor. Payments of principal of and accreted and compounded interest on this Bond shall be without exchange or collection charges to the Owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.

This Bond is one of the series specified in its title issued in the aggregate original principal amount of $____________ (the “Bonds”) pursuant to an order adopted by the Commissioners Court of the County (the “Order”) for the purpose of refunding certain outstanding bonds and to pay costs of issuance of the Bonds by virtue of the laws of the State of Texas, particularly Chapters 1207 and 1371, Texas Government Code, as amended. The Bonds are issued in part as “Current Interest Bonds”, which total in aggregate principal amount $_________ and pay accrued interest at stated intervals to the Owner and in part as “Premium Capital Appreciation Bonds”, which total in aggregate original principal amount, $________ and pay no accreted interest prior to Stated Maturity.

As specified in the Order, the Premium Capital Appreciation Bonds are not subject to redemption prior to Stated Maturity.

The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the County.

Reference is hereby made to the Order, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Owner of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Order may be amended or supplemented with or without the consent of the Owner; the rights, duties, and obligations of the County and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its Stated Maturity and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Order.

This Bond, subject to certain limitations contained in the Order, may be transferred on the Security Register only upon its presentation and surrender at the corporate trust office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the Owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, accreting interest at the same rate, and of the same aggregate Maturity Amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees.

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The County and the Paying Agent/Registrar, and any agent of either, shall treat the Owner whose name appears on the Security Register (i) on the date of surrender of this Bond as the Owner entitled to payment of the Maturity Amount at its Stated Maturity and (ii) on any other date as the Owner for all other purposes, and neither the County nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary.

It is hereby certified, recited, represented, and declared that the County is a duly organized and legally existing government agency under and by virtue of the laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions, and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the County have been properly done, have happened, and have been performed in regular and due time, form and manner as required by the laws of the State of Texas and the Order; that the Bonds do not exceed any Constitutional or statutory limitations; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or application thereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications of this Bond shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Order shall be construed in accordance with and shall be governed by the laws of the State of Texas.

IN WITNESS WHEREOF this Bond has been signed with the manual or facsimile signature of the County Judge of the County and countersigned with the manual or facsimile signature of the County Clerk of the County, and registered by the manual or facsimile signature of the County Treasurer of the County, and the official seal of the Commissioners Court of the County has been duly impressed, or placed in facsimile, on this Bond.

HAYS COUNTY, TEXAS

County Judge

COUNTERSIGNED:

_____________________________________ County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County, Texas

REGISTERED:

__________________________________ County Treasurer of Hays County, Texas


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TABLE OF ACCRETED VALUES (to be on reverse side)

Form of Initial Premium Capital Appreciation Bond

The Initial Premium Capital Appreciation Bond shall be in the form set forth above for the Definitive Premium Capital Appreciation Bond, except the following Heading and first paragraph shall be amended to read as follows:

REGISTERED NO. IPCAB-1

REGISTERED MATURITY AMOUNT $_________


HAY COUNTY, TEXAS LIMITED TAX REFUNDING BOND, _________

BOND DATE: ________________, 20__

REGISTERED OWNER:

MATURITY AMOUNT: ________________________________________________ DOLLARS

The Hays County, Texas, a body corporate and political subdivision in the State of Texas (the “County”), for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof (the “Owner”) the aggregate Maturity Amount stated above on __________ in each of the years and in installments in accordance with the following schedule:

Years of Stated

Maturity

Original Principal

Amounts ($)

Stated Maturity

Amounts ($)

Stated

Yields (%)*

(Information to be inserted from Approval Certificate).

*based on initial premium paid


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Form of Statement of Insurance. (d)

STATEMENT OF INSURANCE

[Information to be inserted from Approval Certificate.]

Form of Registration Certificate of the Comptroller of Public Accounts (to be (e)printed on or attached to only the Initial Bonds).


OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. ___________ THE STATE OF TEXAS §

I HEREBY CERTIFY that this Bond has been examined, certified as to validity and

approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas.

WITNESS my signature and seal of office this _________________________________.

Comptroller of Public Accounts of the State of Texas



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Form of Authentication Certificate (to be printed on the Definitive Bonds only). (f)

AUTHENTICATION CERTIFICATE

It is hereby certified that this Bond has been issued under the provisions of the Order described on the face of this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.

_______________________________________, ________, Texas as Paying Agent/Registrar

Dated __________ By Authorized Representative

Form of Assignment. (g)

ASSIGNMENT

FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto

/ / (Please insert Social Security or (Please print name and address, including zip code, of Transferee) Taxpayer Identification of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ___________________________________________________________________ attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises.

Dated: ______________

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Signature Guaranteed:

NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.

NOTICE: The signature above must correspond with the name of the Owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever.

The following abbreviations, when used in the Assignment above or on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations:

TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - _________________ Custodian _________________ (Cust) (Minor) under Uniform Gifts to Minors Act _____________________________________ (State)

Additional abbreviations may also be used though not in the list above.

[END OF FORMS]

In case any officer of the County whose manual or facsimile signature shall appear on any Bond shall cease to be such officer before the delivery of any such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. Any Bond which bears the facsimile signature of such person who at the actual time of the delivery of such Bond shall be an officer authorized to sign such Bond, but who at the date of such Bonds was not such an officer, shall be validly and sufficiently signed for such purpose as if such person had been such officer as the date of such Bond. The County authorizes the printing of a true and correct copy of an opinion of Bond Counsel, relating to the validity and enforceability of the Bonds under Texas law and the status of interest on the Bonds under federal income tax laws on the reverse side of each of the Bonds over a certificate of identification executed by the facsimile signature of the County Clerk of the County, and also authorizes the imprinting of CUSIP (the American Bankers Association's Committee on Uniform Securities Identification Procedures) numbers on the Bonds; provided, however, that the failure of such opinion, certificate, or CUSIP numbers to appear on any Bond, or any errors therein or in any part of the Bond the form of which is not included in this Order, shall in no way affect the validity or enforceability of the Bonds or relieve the Initial Purchaser of its obligation to accept delivery of and pay for the Bonds.

COUNTY FUNDS. (a) Bond Fund. For the purpose of paying the SECTION 5. interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special fund to be designated “Limited Tax

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Refunding Bonds, Series _____ Interest and Sinking Fund (the “Bond Fund”), which series to be designated in accordance with the designation of the Bonds set forth in the Approval Certificate, which fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 9. Authorized Representatives of the County are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Bonds. The net proceeds of all ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Bond Fund.

Escrow Fund. The Escrow Fund is the fund established and held by the Escrow (b)Agent pursuant to the Escrow Agreement into which certain proceeds of the Bonds, in the amount specified in the Escrow Agreement (net of any cash contribution of the Issuer made for the purpose of accomplishing the redemption of the Refunded Obligations), shall be placed. The Escrow Fund shall be used to pay the costs necessary or appropriate to accomplish payment of the Refunded Obligations, at the earlier of maturity or redemption thereof, in accordance with the provisions of the respective orders of the County authorizing their issuance.

INVESTMENTS AND SECURITY. (a) Investment of Funds. Pending SECTION 6. the transfer of funds to the Paying Agent/Registrar, money in the Bond Fund may, at the option of the County, be invested in obligations identified in, and in accordance with the provisions of the “Public Funds Investment Act” (Chapter 2256, Texas Government Code, as amended); provided that all such investments shall be made in such a manner that the money required to be expended from said Bond Fund will be available at the proper time or times. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds.

Amounts Received from Investments. Except as otherwise provided by law, (b)amounts received from the investment of any money in the Bond Fund shall be retained therein. Interest earnings derived from the investment of proceeds of the Refunded Obligations, if any, shall be used as provided in the Escrow Agreement. It is provided, however, that any interest earnings on proceeds of the Bonds which are required to be rebated to the United States of America in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section.

Security for Funds. All money on deposit in the Funds for which this Order (c)makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Order..

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TAX LEVY. To provide for the payment of the Debt Service SECTION 7. Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% of the outstanding principal amount of the Bonds (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars’ valuation of taxable property in the County, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The Commissioners Court hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the County for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the County.

DEPOSITS TO BOND FUND. Accrued interest, if any, received from the SECTION 8. Initial Purchasers of the Bonds shall be deposited to the Bond Fund. The County hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity.

COVENANTS REGARDING TAX MATTERS. SECTION 9.

Definitions. When used in this Section, the following terms have the following (a)meanings:







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“Yield” of

(i) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and

(ii) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations.

Not to Cause Interest to Become Taxable. The County shall not use, permit the (b)use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the County receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the County shall comply with each of the specific covenants in this Section.

No Private Use or Private Payments. Except to the extent that it will not cause the (c)Bonds to become “private activity bonds” within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the County shall at all times prior to the last Stated Maturity of Bonds:

(i) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and

(ii) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the County or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes.

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No Private Loan. Except to the extent that it will not cause the Bonds to become (d)“private activity bonds” within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the County shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan.

Not to Invest at Higher Yield. Except to the extent that it will not cause the (e)Bonds to become “arbitrage bonds” within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the County shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds.

Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the (f)Code and the Regulations and rulings thereunder, the County shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder.

Information Report. The County shall timely file the information required by (g)section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe.

Rebate of Arbitrage Profits. Except to the extent otherwise provided in section (h)148(f) of the Code and the Regulations and rulings thereunder:

(i) The County shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the County may commingle Gross Proceeds of the Bonds with other money of the County, provided that the County separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith.

(ii) Not less frequently than each Computation Date, the County shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The County shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date.

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(iii) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the County shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder.

(iv) The County shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations.

Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of (i)the Code and the Regulations and rulings thereunder, the County shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm’s length and had the Yield of the Bonds not been relevant to either party.

Bonds Not Hedge Bonds. (j)

(i) The County reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued.

(ii) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more.

Covenants Regarding Sale, Lease, or Disposition of Financed Property. The (k)County covenants that the County will regulate the use of the property financed, directly or indirectly, with the proceeds of the Refunded Obligations and will not sell, lease, or otherwise dispose of such property unless (i) the County takes the remedial measures as may be required by the Code and the regulations and rulings thereunder in order to preserve the exclusion from gross

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income of interest on the Bonds under section 103 of the Code or (ii) the County seeks the advice of nationally recognized bond counsel with respect to such sale, lease, or other disposition.

PAYMENT OF BONDS; PAYING AGENT/REGISTRAR. The SECTION 10. Authorized Representative’s selection and appointment of the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed. The principal of and the accrued interest on the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America, which, on the date of payment, is legal tender for the payment of debts due the United States of America, as described in the Form of Bonds in Section 4 hereof.

The County, the Paying Agent/Registrar, and any other person may treat the Owner as the absolute owner of such Bonds for the purpose of making and receiving payment of the principal thereof and for the further purpose of receiving payment of the interest thereon and for all other purposes, whether or not such Bond is overdue, and neither the County nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Order shall be valid and effectual and shall discharge the liability of the County and the Paying Agent/Registrar upon such Bond to the extent of the sums paid.

So long as any Bonds remain outstanding, the Paying Agent/Registrar shall keep the Security Register at one of its corporate trust offices in Texas in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Order.

The County may at any time and from time to time appoint another Paying Agent/Registrar in substitution for the previous Paying Agent/Registrar provided that any such Paying Agent/Registrar shall be a national or state banking institution, shall be an association or a corporation organized and doing business under the laws of the United States of America or any state, authorized under such laws to exercise trust powers, shall be subject to supervision or examination by federal or state authority, and shall be authorized by law to serve as a paying agent/registrar. In such event, the County shall give notice by United States mail, first-class, postage prepaid to each Owner. Any bank or trust company with or into which any Paying Agent/Registrar may be merged or consolidated, or to which the assets and business of Paying Agent/Registrar may be sold or otherwise transferred, shall be deemed the successor of such Paying Agent/Registrar for the purposes of this Order.

The County Judge and the County Clerk of the County are hereby authorized to enter into, execute, and deliver the Paying Agent/Registrar Agreement with the initial Paying Agent/Registrar in substantially the form of Exhibit B.

INITIAL BOND(S). Initially, the Initial Bond (numbered I-1) or the SECTION 11. Initial Bonds (numbered I-1 and IPCAB-1), as applicable, and representing the entire principal amount of Bonds shall be registered in the name of the Initial Purchaser or the designee thereof and shall be executed and submitted to the Attorney General of Texas for approval, and thereupon certified by the Comptroller of Public Accounts of the State of Texas or her duly authorized agent, by manual signature. At any time thereafter, the Owner may deliver the Initial

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Bond to the Paying Agent/Registrar for exchange, accompanied by instructions from the Owner or such designee designating the person, maturities, and principal amounts to and in which the Initial Bond are to be transferred and the addresses of such persons, and the Paying Agent/Registrar shall thereupon register and deliver such Bonds upon authorization of the County as provided in such instructions. Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, upon written instructions from the Initial Purchaser, or their designee, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts, and bearing applicable interest rates for transfer and delivery to the Owners named and at the addresses identified therefor; all in accordance with and pursuant to such written instructions from the Initial Purchaser, or their designee, and such other information and documentation as the Paying Agent/Registrar may reasonably require.

EXCHANGE AND TRANSFER OF THE BONDS. The Paying SECTION 12. Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Owner, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Owner or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar.


At the option of the Owner, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the County shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Owner requesting the exchange.



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COUNTY OFFICERS’ DUTIES. (a) Issuance of Bonds. The County SECTION 13. Judge of the County shall submit the Initial Bond or Initial Bonds, as applicable, the record of the proceedings authorizing the issuance of the Bonds, and any and all necessary orders, certificates, and records to the Attorney General of the State of Texas for his investigation. After obtaining the approval of the Attorney General, the County Judge of the County shall cause the Initial Bond or Initial Bonds, as applicable, to be registered by the Comptroller of Public Accounts of the State of Texas. The officers or acting officers of the Commissioners Court are authorized to execute and deliver on behalf of the Commissioners Court such certificates and instruments as may be necessary or appropriate prior to the delivery of and payment for the Bonds to and by the Initial Purchaser.

Execution of Order. The County Clerk of the County is authorized to execute the (b)certificate to which this Order is attached on behalf of the Commissioners Court and to do any and all things proper and necessary to carry out the intent hereof.

REMEDIES OF OWNERS. In addition to all rights and remedies of any SECTION 14. Owner of the Bonds provided by the laws of the State of Texas, the County and the Commissioners Court covenant and agree that in the event the County defaults in the payment of the principal of or interest on any of the Bonds when due, fails to make the payments required by this Order to be made into the Bond Fund, or defaults in the observance or performance of any of the covenants, conditions, or obligations set forth in this Order, the Owner of any of the Bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the Commissioners Court and other officers of the County to observe and perform any covenant, obligation, or condition prescribed in this Order.

No delay or omission by any Owner to exercise any right or power accruing to such Owner upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Order shall be available to any Owner of any of the Bonds and shall be cumulative of all other existing remedies.

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LOST, STOLEN, DESTROYED, DAMAGED, OR MUTILATED SECTION 15. BONDS; DESTRUCTION OF PAID BONDS. (a) Replacement Bonds. In the event any outstanding Bond shall become lost, stolen, destroyed, damaged, or mutilated, at the request of the Owner thereof, the County shall cause to be executed, registered by the Paying Agent/Registrar, and delivered a substitute Bond of like date and tenor, in exchange and substitution for and upon cancellation of such mutilated or damaged Bond, or in lieu of and substitution for such Bond, lost, stolen, or destroyed, subject to the provisions of subsections (b), (c), (d), and (e) of this Section.

Application and Indemnity. Application for exchange and substitution of lost, (b)stolen, destroyed, damaged, or mutilated Bonds shall be made to the County. In every case the applicant for a substitute Bond shall furnish to the County such deposit for fees and costs as may be required by the County to save it and the Paying Agent/Registrar harmless from liability. In every case of loss, theft, or destruction of a Bond, the applicant shall also furnish to the County indemnity to the County's satisfaction and shall file with the County evidence to the County's satisfaction of the loss, theft, or destruction and of the ownership of such Bond. In every case of damage or mutilation of a Bond, the applicant shall surrender the Bond so damaged or mutilated to the Paying Agent/Registrar.

Matured Bonds. Notwithstanding the foregoing provisions of this Section, in the (c)event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of or interest on the Bonds, the County may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a substitute Bond, if any, provided security or indemnity is furnished as above provided in this Section.

Expense of Issuance. Upon the issuance of any substitute Bonds, the County may (d)charge the Owner of such Bond with all fees and costs incurred in connection therewith. Every substitute Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, destroyed, damaged, or mutilated shall constitute a contractual obligation of the County, whether or not the lost, stolen, destroyed, damaged, or mutilated Bonds shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Order equally and proportionately with any and all other Bonds duly issued under this Order.

Authority to Issue Substitute Bonds. This Order shall constitute sufficient (e)authority for the issuance of any such substitute Bonds without necessity of further action by the Commissioners Court or any other body or person, and the issuance of such substitute Bonds is hereby authorized, notwithstanding any other provisions of this Order.

Destruction of Paid Bonds. At any time subsequent to six months after the (f)payment thereof, the Paying Agent/Registrar is authorized to cancel and destroy any Bonds duly paid and shall furnish to the County a certificate evidencing such destruction.

REDEMPTION. (a) Mandatory Redemption. The Bonds shall be SECTION 16. subject, if at all, to mandatory redemption before their scheduled maturity as provided in the Approval Certificate.

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Optional Redemption. The Bonds shall be subject, if at all, to optional (b)redemption, before their scheduled maturity as provided in the Approval Certificate.

Exercise of Redemption Option. At least forty-five (45) days prior to a date set (c)for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the County shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the County to exercise the right to redeem Bonds shall be entered in the minutes of the Commissioners Court of the County.

Selection of Bonds for Redemption. If less than all of the Bonds are to be (d)redeemed, the particular Bonds to be redeemed will be selected by the County in integral multiples of $5,000 within any one Stated Maturity. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot or other customary method the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000.

Notice of Redemption. Not less than thirty (30) days prior to a redemption date (e)for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption to be sent by United States mail, first-class postage prepaid, in the name of the County and at the County’s expense, by the Paying Agent/Registrar to each Owner of a Bond to be redeemed in whole or in part at the address of the Owner appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Owner.

All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Owner. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as hereinabove provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Order. This notice may also be published once in a financial publication, journal, or reporter of

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general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the County to any registered securities depository and to any national information service that disseminates redemption notices. The Approval Certificate shall designate the early redemption dates and redemption price of the Bonds, if any, and any mandatory redemption before the schedule maturity of the Bonds.

SATISFACTION OF OBLIGATION OF COUNTY. If the County shall SECTION 17. pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Order, then the pledge of taxes levied under this Order and all covenants, agreements, and other obligations of the County to the Owners shall thereupon cease, terminate, and be discharged and satisfied.

Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The County covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 20 hereof).

Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the County or deposited as directed by the County. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Bonds such money was deposited and is held in trust to pay shall upon the request of the County be remitted to the County against a written receipt therefor, subject to the unclaimed property laws of the State of Texas.

Notwithstanding any other provision of this Order to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the

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payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the County expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds.

ORDER A CONTRACT; AMENDMENTS. This Order shall constitute a SECTION 18. contract with the Owners, from time to time, of the Bonds, binding on the County and its successors and assigns, and shall not be amended or repealed by the County as long as any Bond remains outstanding except as permitted in this Section. The County may, without the consent of or notice to any Owners, amend, change, or modify this Order as may be required (a) by the provisions hereof; (b) for the purpose of curing any ambiguity, inconsistency, or formal defect or omission herein; or (c) in connection with any other change which is not to the prejudice of the Owners. The County may, with the written consent of the Owners of the majority in aggregate principal amount of Bonds then outstanding affected thereby, amend, change, modify, or rescind any provisions of this Order; provided that without the consent of all of the Owners affected, no such amendment, change, modification, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Bonds or reduce the principal amount thereof or the rate of interest thereon; (ii) give any preference to any Bond over any other Bond; (iii) extend any waiver of default to subsequent defaults; or (iv) reduce the aggregate principal amount of Bonds required for consent to any such amendment, change, modification, or rescission. When the County desires to make any amendment or addition to or rescission of this Order requiring consent of the Owners, the County shall cause notice of the amendment, addition, or rescission described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the County may adopt such amendment, addition, or rescission in substantially such form, except as herein provided. No Owner may thereafter object to the adoption of such amendment, addition, or rescission, or to any of the provisions thereof, and such amendment, addition, or rescission shall be fully effective for all purposes.

SALE AND DELIVERY OF BONDS. (a) Sale of Bonds. The sale of the SECTION 19. Bonds to the Initial Purchaser pursuant to the Approval Certificate is hereby confirmed and delivery of the Bonds to the Initial Purchaser shall be made as soon as practicable after the adoption of this Order, upon payment therefor, if applicable, in accordance with the Purchase Contract. The Authorized Representatives are hereby authorized to sign and deliver the Purchase Contract. The Initial Bond or Initial Bonds, as applicable, shall be registered in the name set forth in the Approval Certificate.

Approval of Official Statement. An Authorized Representative is hereby directed (b)to approve the form and content of the Preliminary Official Statement and the final Official Statement relating to the Bonds and any addenda, supplement, or amendment thereto, and approve the distribution of such Official Statement in the reoffering of the Bonds by the Initial

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Purchaser in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. In addition, an Authorized Representative is authorized to deem such Preliminary Official Statement “final” for purposes of the Rule. The form and content of and the distribution and use of the Preliminary Official Statement as approved by an Authorized Representative is approved.

Legal Opinion. The Initial Purchaser's obligation to accept delivery of the Bonds (c)is subject to their being furnished an opinion of Bond Counsel, such opinion to be dated and delivered as of the date of delivery and payment for the Bonds.

Registration and Delivery. Upon the registration of the Initial Bond, or Initial (d)Bonds, as applicable, the Comptroller of Public Accounts of the State of Texas is authorized and instruct to deliver the Initial Bond pursuant to the instruction of the County Judge of the County for delivery to the Initial Purchaser.

DESIGNATION OF ESCROW AGENT AND APPROVAL OF SECTION 20. ESCROW AGREEMENT. The Escrow Agent shall be designated by an Authorized Representative in the Approval Certificate. The County Judge of the County is hereby authorized and directed to execute and deliver, and the County Clerk of the County is hereby authorized and directed to attest, the Escrow Agreement.

USE OF PROCEEDS. The proceeds from the sale of the Bonds shall be SECTION 21. to be used to retire the Refunded Obligations, to pay costs of issuance of the Bonds, and as otherwise described in the Approval Certificate.

MATTERS RELATED TO REFUNDING. In order that the County shall SECTION 22. satisfy in a timely manner all of its obligations under this Order, the County Judge and all other appropriate officers and agents of the County, are hereby authorized and directed to take all other actions that are reasonably necessary to provide for the refunding of the Refunded Obligations, including, without limitation, executing and delivering on behalf of the County all certificates, consents, receipts, requests, notices, and other documents as may be reasonably necessary to satisfy the County's obligations under this Order and to direct the transfer and application of funds of the County consistent with the provisions of this Order.

The County hereby authorizes and directs notices of redemption of the Refunded Obligations to be given in accordance with the orders authorizing the issuance of the Refunded Obligations, as provided substantially in the form attached hereto as Exhibit C. The Refunded Obligations are hereby called for redemption as set forth in the Approval Certificate.

To assure the purchase of the “Escrowed Securities,” if any, referred to in the Escrow Agreement, the County Judge and the Escrow Agent are hereby authorized to subscribe for, agree to purchase, and purchase the Escrowed Securities, in such amounts and maturities and bearing interest at such rates as may be provided for in the Escrow Agreement, and to execute any and all subscriptions, purchase agreements, commitments, letters of authorization, and other

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documents necessary to effectuate the foregoing, and any actions heretofore taken for such purpose are hereby ratified and approved.

CONTINUING DISCLOSURE UNDERTAKING. SECTION 23.

Definitions. As used in this Section, the following terms have the meanings (a)ascribed to such terms below:





Annual Reports. The County shall file annually with the MSRB, on or before (b)March 31 of each year (or if the County’s Fiscal Year changes, within six months after the end of each Fiscal Year), commencing with Fiscal Year ending September 30, 2017, financial information and operating data with respect to the County of the general type included in the final Official Statement authorized by Section 19 of this Order being the information described in Exhibit B hereto and if not provided as part of such financial information and operating data, audited financial statements of the County, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit B hereto, or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the County commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the County shall provide unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the County must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor’s opinion on the statement, shall be filed in the office of the County Auditor on or before March 31 of each year (or if the County’s Fiscal Year changes, within 180 days after the last day of the County’s Fiscal Year.) Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552.


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Event Notices. The County shall provide notice of any of the following events (c)with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event:







(7) Modifications to rights of holders of the Bonds, if material;


(9) Defeasances;

(10) Release, substitution, or sale of property securing repayment of the Bonds, if material;





For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent,

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or similar officer for the County in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the County, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the County.


Limitations, Disclaimers, and Amendments. The County shall be obligated to (d)observe and perform the covenants specified in this Section for so long as, but only for so long as, the County remains an “obligated person” with respect to the Bonds within the meaning of the Rule, except that the County in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding.

The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The County undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the County’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The County does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date.

UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.



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The provisions of this Section may be amended by the County from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the County, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Order that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the County (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The County may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the County also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the County so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection B of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. If the County so amends the provisions of this Section, the County shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided.

Information Format - Incorporation by Reference. The County information (e)required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word-searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers.


BOOK-ENTRY ONLY SYSTEM. It is intended that the Bonds initially SECTION 24. be registered so as to participate in a securities depository system (the “DTC System”) with the Depository Trust Company, New York, New York, or any successor entity thereto (“DTC”), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bond(s) described in Section 11) in the form of a separate single definitive Bond. Upon

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issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The County and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Representation Letter.

With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the County and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an “Indirect Participant”). Without limiting the immediately preceding sentence, the County and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a Bond evidencing the obligation of the County to make payments of principal, premium, if any, and interest pursuant to this Order. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Order with respect to interest checks or drafts being mailed to the Holder, the word “Cede & Co.” in this Order shall refer to such new nominee of DTC.

In the event that (a) the County determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the County determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the County shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the County may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the County, or such depository’s agent or designee, and if the County and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof.

Notwithstanding any other provision of this Order to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter having an interest in the Bonds as shown on the records of DTC provided by DTC to the County. The

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County undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the County to make any determination described in (ii) or (iii) above.

Whenever, during the term of the Bonds, the beneficial ownership thereof is determined by a book entry at DTC, the requirements in this Order of holding, delivering, or transferring Bonds shall be deemed modified to require the appropriate person or entity to meet the requirement of DTC as to registering or transferring the book entry to produce the same effect.

If at any time, DTC ceases to own the Bonds, all references herein to DTC shall be of no further force or effect.

PERFECTION OF SECURITY. Chapter 1208, Texas Government Code, SECTION 25. applies to the issuance of the Bonds and the pledge of the proceeds of ad valorem taxes thereto, and such pledge is, therefore, valid, effective, and perfected. Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that the pledge of the ad valorem tax proceeds is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, in order to preserve to the Owners of the Bonds a security interest in such pledge, the County agrees to take such measures as it determines are reasonable and necessary to enable a filing of a security interest in said pledge to occur.

FURTHER PROCEDURES. The Authorized Representatives, and all SECTION 26. other officers, employees, attorneys, and agents of the County, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the County, all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order, the initial sale and delivery of the Bonds, the Purchase Contract, if any, and the Official Statement. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Prior to the initial delivery of the Bonds, the County Judge and the County Clerk of the County and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Order or to any of the instruments authorized and approved by this Order necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Order and as described in any Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office.

ATTORNEY GENERAL EXAMINATION FEE. The County recognizes SECTION 27. that under Section 1202.004, Texas Government Code, the Attorney General of Texas requires a nonrefundable examination fee be paid at the time of submission of the transcript of the proceedings authorizing the Bonds and that such fee is to be calculated as provided in said Section 1202.004. Bond Counsel is accommodating the County by paying such fee upon such submission of such transcript. Officials of the County are, however, hereby authorized to reimburse Bond Counsel such amount as soon as possible and whether or not the Bonds are ever delivered and such amount is hereby appropriated from available funds for such purpose. The

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County is also authorized to reimburse the fund used for such repayment with proceeds of the Bonds.

MISCELLANEOUS PROVISIONS. (a) Titles Not Restrictive. The titles SECTION 28. assigned to the various sections of this Order are for convenience only and shall not be considered restrictive of the subject matter of any section or of any part of this Order.

Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in (b)conflict or inconsistent with any provision of this Order are hereby repealed and declared to be inapplicable, and the provisions of this Order shall be and remain controlling as to the matters prescribed herein.

Severability. If any word, phrase, clause, paragraph, sentence, part, portion, or (c)provision of this Order or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Order shall nevertheless be valid and the Commissioners Court hereby declares that this Order would have been enacted without such invalid word, phrase, clause, paragraph, sentence, part, portion, or provisions.

Governing Law. This Order shall be construed and enforced in accordance with (d)the laws of the State of Texas.

Open Meeting. The Commissioners Court officially finds and determines that the (e)meeting at which this Order is adopted was open to the public; and that public notice of the time, place, and purpose of such meeting was given, all as required by Chapter 551, Texas Government Code, as amended.

Incorporation of Preamble. The preamble to this Order is incorporated by (f)reference in this Order.

Effective Date. This Order shall be in force and effect from and after its final (g)passage, and it is so ordered.


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PASSED AND APPROVED this _____ day of ____________, 2017.

HAYS COUNTY, TEXAS

County Judge

ATTEST: County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County, Texas (SEAL OF COMMISSIONERS COURT)

SCHEDULE I – Candidates for Refunded Obligations EXHIBIT A – Form of the Approval Certificate EXHIBIT B – Form of Paying Agent/Registrar Agreement EXHIBIT C – Form of Notice of Redemption EXHIBIT D – Description of Annual Financial Information

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SCHEDULE I

CANDIDATES FOR REFUNDED OBLIGATIONS

All Outstanding Bonds Issued by the County, including the Following

Limited Tax Bonds, Series 2007 Limited Tax Bonds, Series 2008 Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2009 Pass-Through Toll Revenue and Limited Tax Bonds, Series 2009 Unlimited Tax Road Bonds, Series 2009 Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 Unlimited Tax Refunding Bonds, Series 2010 Limited Tax Bonds, Series 2011 Pass-Through Toll Revenue and Unlimited Tax Bonds, Series 2011 Unlimited Tax Road Bonds, Series 2011 Limited Tax Refunding Bonds, Series 2012 Limited Tax Refunding Bonds, Series 2013 Pass-Through Toll Revenue and Unlimited Tax Bonds, Series 2013 Limited Tax Refunding Bonds, Series 2014 Limited Tax Refunding Bonds, Series 2015 Pass-Through Toll Revenue and Unlimited Tax Bonds, Series 2015 Limited Tax Refunding Bonds, Series 2016 Pass-Through Toll Revenue and Limited Tax Bonds, Series 2016

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EXHIBIT A

FORM OF APPROVAL CERTIFICATE

The undersigned, being an Authorized Representative of the Hays County, Texas (the

“County”), pursuant to Section 2 of the Order adopted on July 11, 2017 (the “Order”) authorizing the issuance of “HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS, SERIES ______” (the “Bonds”) does hereby approve the following terms of the Bonds:


2. The Bonds are hereby sold and delivered to ______________ (the “Initial Purchaser”) for cash at a price of $__________ (representing the original principal amount of the Bonds of $__________, plus an original issue reoffering premium on the Bonds of $___________, plus accrued interest in the amount of $_________, and less an Underwriters' discount of $_____________), according to the following terms:

OR

The Bonds are hereby sold and shall be delivered to _______________, acting on behalf of itself and _______________ and _______________ (collectively, the “Initial Purchasers”) pursuant to the terms of the Purchase Contract, dated __________, 20__, between the County and the Purchasers, for cash at a price of $______________ (being the par amount of the Bonds, less an underwriters’ discount of $___________, plus a net reoffering premium of $_____________), according to the following terms:




(_________)

Principal

Installments Interest

Rate Initial Yield

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The Bonds shall bear interest at the rates set forth above from the later of [the Bond Date][the date of initial delivery], or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360-day year of twelve 30-day months, and shall be payable on _________, 20__, and semiannually thereafter on __________ and __________ until maturity or prior redemption.

c. [The Bonds stated to mature on _________, 20___ are referred to as the “Term Bonds.” The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on _____________ in each of the years as set forth below:

Term Bonds Stated to Mature on _______, 20__ Year Principal Amount ($)

*

_______________ *Payable at Stated Maturity.]

The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the County, by the principal amount of any Term Bonds of such Stated Maturity which, at least 45 days prior to the mandatory redemption date (i) shall have been defeased or acquired by the County and delivered to the Paying Agent/Registrar for cancellation, (ii) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the County with money in the Bond Fund, or (iii) shall have been redeemed pursuant to the optional redemption provisions set forth in the Order and not theretofore credited against a mandatory redemption requirement;]

d. [The Bonds scheduled to mature on and after ________, 20__, shall be redeemable prior to their scheduled maturities, in whole or in part, at the option of the County, on _________, 20__, or on any date thereafter, in principal amounts of $5,000 or any integral multiple thereof at the par value thereof plus accrued interest to the date of redemption.]

e. The Initial Bond shall each be registered in the name of the Initial Purchaser.

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3. The Bonds shall be titled as set forth in the first paragraph hereof, and shall otherwise be as set forth in the Form of Bonds provided in the Order, as amended to include the terms set forth herein and in the Form of Bonds in Exhibit A attached to this Approval Certificate.

4. The Bonds are in amounts sufficient together with certain other lawfully available funds of the County to refund the Refunded Obligations set forth in Exhibit B hereto and to pay the costs of issuing the Bonds. The Refunded Obligations are hereby called for redemption and shall be subject to redemption as set forth in the Notice of Redemption attached hereto as Exhibit C.

5. _________________________________________ is hereby designated as Escrow Agent for the Refunded Obligations.

6. _________________________________________ is hereby designated as Paying Agent/Registrar for the Bonds.

7. As shown in the schedule attached hereto as Exhibit D, the refunding will result in a net present value savings of approximately $_________ or _______%. The net effective interest rate is _______________%.

8. The net original issue premium from the sale of the Bonds in the amount of $___________ is allocated in the following manner: $__________ to pay the Initial Purchaser's compensation, $_________ to be deposited to the Escrow Fund, $____________ to pay certain costs of issuance, and $____________ of excess premium to the Bond Fund.

9. The County hereby ratifies, confirms, and approves in all respects (a) the Preliminary Official Statement was, as of its date, “deemed final” in accordance with Rule 15c2-12 under the Securities and Exchange Act of 1934 and (b) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale, [attached as Exhibit __] to the Purchase Contract (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated __________, 20__, in the reoffering, sale and delivery of the Bonds to the public.

10. The County hereby confirms the representations, covenants, and warranties made with respect to continuing disclosure undertaking in Section 23 of the Order and Exhibit E attached hereto.

11. The undersigned Authorized Representative, upon consultation with the County's Financial Advisor, hereby determines that the terms of the sale as set forth in this Certificate are in the County's best interest.


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EXECUTED AND DELIVERED this ______________________, 20__.

HAYS COUNTY, TEXAS

________________________________________ Authorized Representative

297

Exhibit A

Form of Bond

298

Exhibit B

Refunded Obligations

299

Exhibit C

Notice of Redemption

300

Exhibit D

Schedule of Refunded Obligations and Debt Service Savings

301

Exhibit E

Descript of Annual Financial Information

Annual Financial Statements and Operating Data. The financial information and operating data with respect to the County to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below:

(a) The County’s audited financial statements for the most recently concluded Fiscal Year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the County appended to the Official Statement as Appendix B, but for the most recently concluded Fiscal Year.

(b) Tables [1 through 5 and 7 through 12] as disclosed in the Official Statement and in Appendix B.

Accounting Principles. The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time.

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EXHIBIT B

FORM OF


THIS PAYING AGENT/REGISTRAR AGREEMENT entered into as of ________, 20__, (this “Agreement”), by and between the HAYS COUNTY, TEXAS (the “Issuer”), and ____________________________________, a banking association duly organized and existing under the laws of the United States of America (the “Bank”).

RECITALS

WHEREAS, the Issuer has duly authorized and provided for the issuance of its “Hays County, Texas Limited Tax Refunding Bonds, Series ______” (the “Securities”), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon;

WHEREAS, the Securities are scheduled to be delivered to the initial purchaser thereof as provided in the Order (hereinafter defined);








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Section 1.02. Compensation. As compensation for the Bank’s services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Schedule A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank’s current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year.



Section 2.01 Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:


“Authorized Representative” means any of the County Judge, the County Clerk, the County Auditor and/or the General Counsel to Commissioners Court.


“Bank Principal Payment Office” means ________, _______.

“Board” means the Commissioners Court of Hays County, Texas.



“Holder” and “Security Holder” each means the Person in whose name a Security is registered in the Security Register.


“Order” means the order of the governing body of the Issuer pursuant to which the Securities are issued, certified by the County Clerk of the Commissioners Court of Hays County, Texas, or any other officer of the Issuer, together with an Approval Certificate of a designated officer of the Issuer as authorized by the order approving the final terms of the sale of the Securities, and delivered to the Bank.

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Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the Bank Principal Payment Office.

As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the respective Record

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Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder’s risk and expense.



Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Principal Payment Office books and records (herein sometimes referred to as the “Security Register”) for recording the names and addresses of the Holders of the Securities, the transfer, exchange, and replacement of the Securities, and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges, and replacement of Securities shall be noted in the Security Register.

Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing.


To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar.



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Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form.




In case any Security shall be mutilated, or destroyed, lost, or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss, or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution, and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost, or stolen.


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ARTICLE V. THE BANK

Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. The Bank is also authorized to transfer funds relating to the closing and final delivery of the Securities in the manner disclosed in the closing memorandum as prepared by the Issuer’s Financial Advisor or other agent. The Bank may act on a facsimile or e-mail transmission of the closing memorandum acknowledged by the Financial Advisor or the Issuer as the final closing memorandum. The Bank shall not be liable for any losses, costs, or expenses arising directly or indirectly from the Bank’s reliance upon and compliance with such instructions.





(d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer.



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The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds.


Section 5.06. Money Held by Bank. A special depository account shall at all times be kept and maintained by the Bank for the receipt, safekeeping, and disbursement of money received from the Issuer and held hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities, to the extent permitted by law, shall be continuously collateralized by securities or obligations which qualify and are eligible under the laws of the State of Texas to secure and be pledged as collateral for deposits of public funds by an instrumentality and political subdivision of the State of Texas to the extent that such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such account shall be made by check drawn on such account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment.

All funds at any time and from time to time provided to or held by the Bank hereunder shall be deemed, construed, and considered for all purposes as being provided to or held by the Bank in trust. The Bank acknowledges, covenants, and represents that it is acting herein in trust in relation to such funds, and is not accepting, holding, administering, or applying such funds as a banking depository, but solely as a paying agent for and on behalf of the Security thereto. The Holders shall be entitled to the same preferred claim and first lien on the funds so provided as are enjoyed by the beneficiaries of trust funds generally. The funds provided to the Bank hereunder shall not be subject to warrants, drafts or checks drawn by the Issuer and, except as expressly provided herein, shall not be subject to compromise, setoff, or other charge or diminution by the Bank.


Subject to the unclaimed property laws of the State of Texas and any provisions in the Resolution to the contrary, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for three years after final maturity of the Security has become due and payable will be paid by the Bank to the issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such money shall thereupon cease. If the Issuer does not elect, the Bank is directed to report and dispose of the funds in compliance with Title 6 of the Texas Property Code, as amended.

Section 5.07. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred

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without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement.

Section 5.08. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where the administrative offices of the Issuer are located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein.







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Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon 60 days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay, or otherwise adversely affect the payment of the Securities.




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____________________________________

By _______________________________ Title ______________________________

Address: _____________________________ _____________________________

Attest:

By ______________________________ County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County

HAYS COUNTY, TEXAS

By ____________________________ County Judge

Address: 712 S. Stagecoach Trail Ste. 2008 San Marcos, Texas 78666


312

SCHEDULE A


313

EXHIBIT C

FORM OF NOTICE OF REDEMPTION

NOTICE IS HEREBY GIVEN that Hays County, Texas (the “County”), acting through its Commissioners Court (the “Court”), has called for redemption the following outstanding obligations:

“HAYS COUNTY, TEXAS ______________, SERIES ____”, dated _______, ____ (the “Bonds”), bearing interest, and stated to mature on __________ in each year as follows:

STATED

MATURITY (__________)

YIELD

PRESENT CUSIP

NUMBERS

PRINCIPAL AMOUNT

REDEEMED

TOTAL *Represents a Term

Bond

THE _________ DAY OF __________, 20__ (the “Redemption Date”) is the date fixed for redemption of the Bonds as authorized by the order authorizing the issuance of the Bonds and as directed by the Court pursuant to an order adopted on July 11, 2017 and an approval certificate dated _________, 2017 of a designated official of the County as authorized by the order. You are hereby notified that the Bonds should be presented for redemption on or before the Redemption Date and that interest shall cease to accrue from and after that date, and that on such date there shall become due and payable on each of the Bonds the redemption price equal to the principal amount thereof, without premium, plus unpaid accrued interest to the Redemption Date.

NOTICE IS FURTHER GIVEN that the Bonds will be payable at and should be submitted either in person or by certified or registered mail to _____________, at the following address:

In compliance with section 1441 of the Internal Revenue Code and the attendant regulations, the redeeming institution is required to withhold 30% of the principal amount of the Bonds being redeemed unless it is provided with a Form W-9 certifying the holders social security number or federal employer tax identification number, a Form W-8 Withholding Certificate establishing a lower rate of withholding, or other documentation acceptable to the redeeming institution and the Internal Revenue Service.

THIS NOTICE is issued and given pursuant to the option of redemption reserved to the County in the proceedings authorizing the issuance of the Bonds.

WITNESS MY OFFICIAL SIGNATURE this ______________, 20__.

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HAYS COUNTY, TEXAS

_______________________________________ County Clerk

*The CUSIP number is included solely for the convenience of the Bondholders. Neither the County, the Escrow Agent, Bond Counsel, nor the Paying Agent/Registrar shall be responsible for the selection or the use of the CUSIP number, nor is any representation made as to its correctness on the Bonds or as indicated in any redemption notice.

315

EXHIBIT D

DESCRIPTION OF ANNUAL FINANCIAL INFORMATION


Annual Financial Statements and Operating Data. The financial information and operating data with respect to the County to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below:

(a) The County’s audited financial statements for the most recently concluded Fiscal Year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the County appended to the Official Statement as Appendix B, but for the most recently concluded Fiscal Year.

(b) [Tables 1 through 5 and 7 through 12 as disclosed in the Official Statement and in Appendix B.]2

Accounting Principles. The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time.

2 To consistent with Official Statement relating to each series of refunding bonds issued hereunder.

316





Bert Cobb, M.D. County Judge Debbie Ingalsbe Commissioner, Precinct No. 1 Mark Jones Commissioner, Precinct No. 2 Will Conley Commissioner, Precinct No. 3 Ray Whisenant Commissioner, Precinct No. 4

and all of such persons were present at the Meeting, except the following: , thus constituting a quorum. Among other business considered at the Meeting, the attached order (the “Order”) entitled:

ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF “HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN COUNTY OFFICIALS AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATED TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE


voted “For” voted “Against” “Abstained”


2. The attached Order is a true and correct copy of the original on file in the official records of the County; the duly qualified and acting members of the Court on the date of the

317

Meeting are those persons shown above, and, according to the records of my office, each member of the Court was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Order would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Order, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code.


__________________________________ County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County, Texas


318




AGENDA ITEM

11am-Workshop regarding Elections in Hays County, including but not limited to the use of equipment in Elections. Discussion and possible action may follow, including but not limited to receipt of a recommendation from the Election Equipment Advisory Committee and actions thereon.


WORKSHOP July 11, 2017 TBD

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:



INGALSBE CONLEY

SUMMARY See attached materials.

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326

Hays County Canvass — Total Voters — Official Hays County, TX — General Election — November 08, 2016

Precincts Reporting 49 of 49 = 100.00%Total Number of Voters : 73,589 of 116,501 = 63.17%Page 1 of 51 11/22/2016 12:04 PM

STRAIGHT PARTY

Precinct AbsenteeBallots

Cast

EarlyBallots

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ElectionBallots

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TotalBallots

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DEM

DEM

OC

RA

TIC

LIB

LIB

ERTA

RIA

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RegisteredVoters

PercentTurnout

REP

REP

UB

LIC

AN

110 74 756 1049 1742 60.22% 289 296 18 5 608219111 9 653 718 420 170.95% 178 196 6 6 38656112 97 606 1074 2360 45.51% 151 427 19 6 603371113 232 1441 2239 4240 52.81% 398 893 32 15 1338566120 116 1479 2439 5479 44.52% 389 1112 68 29 1598844125 43 747 1217 2200 55.32% 310 448 25 10 793427127 112 1813 2862 4885 58.59% 864 972 51 33 1920937129 81 1721 2579 4485 57.50% 648 971 47 20 1686777221 150 1938 2732 4011 68.11% 852 763 36 10 1661644223 67 799 1203 2309 52.10% 312 429 20 8 769337224 201 3340 4347 5841 74.42% 1371 1017 52 21 2461806225 66 842 1052 1503 69.99% 360 201 7 1 569144226 179 1332 1915 2700 70.93% 574 443 22 13 1052404228 198 2719 3854 6185 62.31% 1022 1394 56 29 2501937229 29 507 837 2097 39.91% 177 391 12 11 591301230 91 730 1016 1434 70.85% 325 202 11 4 542195232 96 986 1348 1894 71.17% 533 250 13 0 796266234 23 246 512 1011 50.64% 145 196 2 5 348243236 24 553 699 814 85.87% 291 131 8 1 431122238 0 2 2 2 100.00% 0 0 0 0 00301 0 0 0 0 00.00% 0 0 0 0 00315 170 1344 1936 3094 62.57% 595 325 15 12 947422316 114 418 681 1297 52.51% 198 169 14 4 385149317 11 151 241 475 50.74% 33 86 3 3 12579318 1 28 47 113 41.59% 6 7 3 1 1718330 53 581 902 1700 53.06% 122 245 17 15 399268332 97 1267 1993 3674 54.25% 365 623 38 35 1061629333 254 2172 2812 3720 75.59% 980 536 19 13 1548386334 5 859 1406 2928 48.02% 320 675 32 14 1041542335 195 1745 2217 3153 70.31% 818 444 20 12 1294277336 137 1484 2298 3956 58.09% 573 617 51 26 1267677337 340 2689 3495 4744 73.67% 1351 639 29 9 2028466339 71 569 758 1072 70.71% 326 109 8 1 444118413 0 254 424 965 43.94% 74 207 14 7 302170414 41 401 719 1518 47.36% 105 334 12 10 461277415 17 676 1174 2330 50.39% 236 538 25 21 820481416 1 38 63 158 39.87% 14 28 1 2 4524417 23 448 692 948 73.00% 230 178 4 2 414221418 0 3 4 10 40.00% 0 2 0 0 21419 52 791 1111 1691 65.70% 376 276 12 6 670268

327



STRAIGHT PARTY


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DEM

DEM

OC

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LIB

ERTA

RIA

N

GR

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N

Tota

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RegisteredVoters

PercentTurnout

REP

REP

UB

LIC

AN

420 24 354 470 719 65.37% 151 117 2 2 27292421 3 24 31 37 83.78% 8 2 0 0 104440 77 1022 1386 1897 73.06% 525 243 21 7 796287441 132 1678 2162 2938 73.59% 857 393 26 7 1283352442 155 1392 1871 2520 74.25% 612 457 21 5 1095324443 224 2821 3628 4600 78.87% 1418 749 50 10 2227583444 286 3173 4064 5507 73.80% 1510 762 39 17 2328605447 64 696 1263 2159 58.50% 359 327 19 13 718503449 151 1547 2046 2866 71.39% 778 329 26 5 1138348Totals 4586 51835 17167 73588 116401 22129 20149 1026 486 43790

328



Con

tinue

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President-Vice President President-VP


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NJi

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DA

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SCO

TTC

UB

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EFLI

NG

RegisteredVoters

PercentTurnout

REP

Don

ald

J. T

rum

p / M

ike

Penc

e

110 74 757 1050 1842 57.00% 486 473 47 5 2 0 1219111 9 653 718 420 170.95% 290 364 38 12 0 0 056112 97 606 1074 2360 45.51% 262 680 69 30 0 0 0371113 232 1441 2239 4240 52.81% 604 1416 127 35 0 0 0566120 116 1479 2439 5479 44.52% 583 1603 141 61 0 0 0844125 43 747 1217 2200 55.32% 467 649 58 18 0 0 0427127 112 1813 2862 4885 58.59% 1249 1381 146 41 1 0 0937129 81 1721 2579 4485 57.50% 974 1386 123 29 1 0 0777221 150 1938 2732 4011 68.11% 1227 1239 150 24 4 1 0644223 67 799 1203 2309 52.10% 491 627 39 17 0 0 0337224 201 3340 4347 5841 74.42% 2164 1759 239 43 5 1 0806225 66 842 1052 1503 69.99% 619 362 37 7 0 0 0144226 179 1332 1915 2700 70.93% 957 800 99 22 0 0 0404228 198 2719 3854 6185 62.31% 1537 2016 181 47 1 0 0937229 29 507 837 2097 39.91% 262 499 39 14 1 0 0301230 91 730 1016 1434 70.85% 518 401 57 17 0 1 0195232 96 986 1348 1894 71.17% 821 436 60 7 0 0 0266234 23 246 512 1011 50.64% 212 258 13 9 0 0 0243236 24 553 699 814 85.87% 405 241 36 2 0 0 0122238 0 2 2 2 100.00% 2 0 0 0 0 0 00301 0 0 0 0 00.00% 0 0 0 0 0 0 00315 170 1344 1936 3094 62.57% 1074 691 85 31 3 0 0422316 114 418 681 1297 52.51% 313 302 38 9 0 0 0149317 11 151 241 475 50.74% 69 140 14 12 0 0 079318 1 28 47 113 41.59% 14 24 3 2 0 0 018330 53 581 902 1700 53.06% 229 527 74 39 0 0 0268332 97 1267 1993 3674 54.25% 628 1119 124 79 2 0 0629333 254 2172 2812 3720 75.59% 1559 1064 87 34 0 0 0386334 5 859 1406 2928 48.02% 390 920 59 17 0 0 0542335 195 1745 2217 3153 70.31% 1242 819 79 30 0 0 0277336 137 1484 2298 3956 58.09% 892 1108 171 75 0 0 0677337 340 2689 3495 4744 73.67% 2057 1187 137 33 1 0 0466339 71 569 758 1072 70.71% 483 213 34 7 0 0 0118413 0 254 424 965 43.94% 92 290 30 6 0 0 0170414 41 401 719 1518 47.36% 151 487 39 21 0 0 0277415 17 676 1174 2330 50.39% 294 758 64 33 1 0 0481416 1 38 63 158 39.87% 24 32 4 1 0 0 024417 23 448 692 948 73.00% 330 309 20 8 0 0 0221418 0 3 4 10 40.00% 2 2 0 0 0 0 01419 52 791 1111 1691 65.70% 566 451 50 10 1 0 0268

329





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ElectionBallots

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TotalBallots

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DEM

Hill

ary

Clin

ton

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LIB

Gar

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hnso

n /

Will

iam

Wel

d

GR

NJi

ll St

ein

/ Aja

mu

Bar

aka

DA

RR

ELC

AST

LE

SCO

TTC

UB

BLE

R

TOM

HO

EFLI

NG

RegisteredVoters

PercentTurnout

REP

Don

ald

J. T

rum

p / M

ike

Penc

e

420 24 354 470 719 65.37% 256 187 12 7 0 0 092421 3 24 31 37 83.78% 15 15 0 0 0 0 04440 77 1022 1386 1897 73.06% 823 459 59 12 0 0 0287441 132 1678 2162 2938 73.59% 1285 688 109 20 1 0 1352442 155 1392 1871 2520 74.25% 898 816 83 21 0 1 0324443 224 2821 3628 4600 78.87% 1950 1342 190 39 0 0 1583444 286 3173 4064 5507 73.80% 2235 1489 208 36 0 1 0605447 64 696 1263 2159 58.50% 597 541 72 23 0 0 2503449 151 1547 2046 2866 71.39% 1228 654 86 16 0 0 0348Totals 4586 51836 17167 73589 116501 33826 33224 3630 1061 24 5 5

330





Cast

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Cast

EVA

NM

CM

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IN

RO

BER

TM

OR

RO

W

EMID

IOSO

LTYS

IK

DA

LE S

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LDIV

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Tota

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RegisteredVoters

PercentTurnout

LAU

REN

CE

KO

TLIK

OFF

110 74 757 1050 1842 57.00% 0 7 0 0 0 0 1021219111 9 653 718 420 170.95% 0 0 0 0 0 0 70456112 97 606 1074 2360 45.51% 1 2 0 0 0 0 1044371113 232 1441 2239 4240 52.81% 0 12 0 0 0 0 2194566120 116 1479 2439 5479 44.52% 0 8 0 0 0 0 2396844125 43 747 1217 2200 55.32% 2 1 0 0 0 0 1195427127 112 1813 2862 4885 58.59% 1 9 0 0 0 0 2828937129 81 1721 2579 4485 57.50% 0 11 0 0 0 0 2524777221 150 1938 2732 4011 68.11% 1 30 0 0 0 0 2676644223 67 799 1203 2309 52.10% 0 3 0 0 0 0 1177337224 201 3340 4347 5841 74.42% 1 39 0 0 0 0 4251806225 66 842 1052 1503 69.99% 0 2 0 0 0 0 1027144226 179 1332 1915 2700 70.93% 0 9 0 0 0 0 1887404228 198 2719 3854 6185 62.31% 0 12 0 0 0 1 3795937229 29 507 837 2097 39.91% 0 0 0 0 0 0 815301230 91 730 1016 1434 70.85% 0 2 0 0 0 0 996195232 96 986 1348 1894 71.17% 0 4 0 0 0 0 1328266234 23 246 512 1011 50.64% 0 1 0 0 0 0 493243236 24 553 699 814 85.87% 0 3 0 0 0 0 687122238 0 2 2 2 100.00% 0 0 0 0 0 0 20301 0 0 0 0 00.00% 0 0 0 0 0 0 00315 170 1344 1936 3094 62.57% 0 7 0 0 1 0 1892422316 114 418 681 1297 52.51% 0 1 0 0 0 0 663149317 11 151 241 475 50.74% 0 0 0 0 0 0 23579318 1 28 47 113 41.59% 0 0 0 0 0 0 4318330 53 581 902 1700 53.06% 0 6 0 1 0 0 876268332 97 1267 1993 3674 54.25% 1 10 0 0 0 0 1963629333 254 2172 2812 3720 75.59% 2 10 0 0 0 0 2756386334 5 859 1406 2928 48.02% 0 3 0 0 0 0 1389542335 195 1745 2217 3153 70.31% 2 4 1 0 0 0 2177277336 137 1484 2298 3956 58.09% 2 8 0 0 0 0 2256677337 340 2689 3495 4744 73.67% 1 12 0 0 0 0 3428466339 71 569 758 1072 70.71% 1 3 0 0 0 0 741118413 0 254 424 965 43.94% 0 2 0 0 0 0 420170414 41 401 719 1518 47.36% 0 4 0 0 0 0 702277415 17 676 1174 2330 50.39% 0 4 0 0 0 0 1154481416 1 38 63 158 39.87% 0 0 0 0 0 0 6124417 23 448 692 948 73.00% 0 6 0 0 0 0 673221418 0 3 4 10 40.00% 0 0 0 0 0 0 41419 52 791 1111 1691 65.70% 0 7 0 0 0 0 1085268

331





Cast

EarlyBallots

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ElectionBallots

Cast

TotalBallots

Cast

EVA

NM

CM

ULL

IN

RO

BER

TM

OR

RO

W

EMID

IOSO

LTYS

IK

DA

LE S

TEFF

ES

TON

Y VA

LDIV

IA

Tota

ls

RegisteredVoters

PercentTurnout

LAU

REN

CE

KO

TLIK

OFF

420 24 354 470 719 65.37% 0 1 0 0 0 0 46392421 3 24 31 37 83.78% 0 0 0 0 0 0 304440 77 1022 1386 1897 73.06% 5 5 0 0 0 0 1363287441 132 1678 2162 2938 73.59% 1 10 1 0 0 0 2116352442 155 1392 1871 2520 74.25% 1 14 0 0 0 0 1834324443 224 2821 3628 4600 78.87% 4 30 0 0 0 0 3556583444 286 3173 4064 5507 73.80% 5 22 1 0 0 0 3997605447 64 696 1263 2159 58.50% 0 3 0 0 0 0 1238503449 151 1547 2046 2866 71.39% 3 22 0 0 0 0 2009348Totals 4586 51836 17167 73589 116501 34 349 3 1 1 1 72164

332



US Representative, District 21 US REP 21


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Tom

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Tony

" D

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RegisteredVoters

PercentTurnout

REP

Lam

ar S

mith

111 9 119 184 320 57.50% 47 111 8 12 17856224 201 3340 4347 5841 74.42% 2359 1538 194 122 4213806225 66 842 1052 1503 69.99% 656 316 36 20 1028144226 179 1332 1915 2700 70.93% 1047 706 85 40 1878404232 96 986 1348 1894 71.17% 850 382 64 18 1314266315 170 1344 1936 3094 62.57% 1178 574 76 41 1869422316 114 418 681 1297 52.51% 335 266 30 19 650149330 53 581 902 1700 53.06% 263 480 64 59 866268332 97 1267 1993 3674 54.25% 669 1003 129 112 1913629336 137 1484 2298 3956 58.09% 966 990 168 100 2224677339 71 569 758 1072 70.71% 516 183 28 8 735118417 23 448 692 948 73.00% 376 270 18 13 677221420 24 354 470 719 65.37% 260 165 12 23 46092421 3 24 31 37 83.78% 19 9 1 0 294447 64 696 1263 2159 58.50% 632 487 62 44 1225503Totals 1307 13804 4759 19870 30914 10173 7480 975 631 19259

333





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Kat

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as

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arc

Schn

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rman

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RegisteredVoters

PercentTurnout

REP

Rog

er W

illia

ms

230 91 730 1016 1434 70.85% 559 376 49 984195236 24 553 699 814 85.87% 437 216 34 687122238 0 2 2 2 100.00% 2 0 0 20333 254 2172 2812 3720 75.59% 1627 1002 90 2719386335 195 1745 2217 3153 70.31% 1271 780 97 2148277337 340 2689 3495 4744 73.67% 2112 1156 130 3398466440 77 1022 1386 1897 73.06% 841 442 67 1350287441 132 1678 2162 2938 73.59% 1347 674 108 2129352442 155 1392 1871 2520 74.25% 965 776 93 1834324443 224 2821 3628 4600 78.87% 2160 1232 163 3555583444 286 3173 4064 5507 73.80% 2386 1391 193 3970605449 151 1547 2046 2866 71.39% 1276 636 86 1998348Totals 1929 19524 3945 25398 34195 14983 8681 1110 24774

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Lloy

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ogge

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Rhe

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osen

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NSc

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RegisteredVoters

PercentTurnout

REP

Susa

n N

arva

iz

110 74 756 1049 1742 60.22% 493 470 36 13 1012219112 97 606 1074 2360 45.51% 293 670 58 26 1047371113 232 1441 2239 4240 52.81% 714 1337 80 44 2175566120 116 1479 2439 5479 44.52% 676 1491 109 81 2357844125 43 747 1217 2200 55.32% 471 660 41 28 1200427127 112 1813 2862 4885 58.59% 1287 1370 101 44 2802937129 81 1721 2579 4485 57.50% 986 1402 92 40 2520777221 150 1938 2732 4011 68.11% 1287 1253 105 33 2678644223 67 799 1203 2309 52.10% 483 642 35 9 1169337228 198 2719 3854 6185 62.31% 1510 2063 141 56 3770937229 29 507 837 2097 39.91% 252 518 31 11 812301234 23 246 512 1011 50.64% 204 275 8 10 497243301 0 0 0 0 00.00% 0 0 0 0 00317 11 151 241 475 50.74% 81 132 13 11 23779318 1 28 47 113 41.59% 11 28 4 1 4418334 5 859 1406 2928 48.02% 420 842 56 36 1354542413 0 254 424 965 43.94% 108 266 22 9 405170414 41 401 719 1518 47.36% 165 456 30 32 683277415 17 676 1174 2330 50.39% 330 711 56 30 1127481416 1 38 63 158 39.87% 20 35 5 1 6124418 0 3 4 10 40.00% 1 3 0 0 41419 52 791 1111 1691 65.70% 549 482 47 9 1087268Totals 1350 17973 8463 27786 51192 10341 15106 1070 524 27041

335



Railroad Commissioner Railroad Commissioner


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RegisteredVoters

PercentTurnout

REP

Way

ne C

hris

tian

110 74 756 1049 1742 60.22% 460 431 50 47 988219111 9 653 718 420 170.95% 282 294 60 41 67756112 97 606 1074 2360 45.51% 238 600 83 95 1016371113 232 1441 2239 4240 52.81% 622 1222 128 132 2104566120 116 1479 2439 5479 44.52% 604 1369 188 156 2317844125 43 747 1217 2200 55.32% 456 593 69 62 1180427127 112 1813 2862 4885 58.59% 1238 1224 169 129 2760937129 81 1721 2579 4485 57.50% 952 1260 166 105 2483777221 150 1938 2732 4011 68.11% 1268 1063 201 96 2628644223 67 799 1203 2309 52.10% 456 571 67 53 1147337224 201 3340 4347 5841 74.42% 2196 1497 315 143 4151806225 66 842 1052 1503 69.99% 619 314 56 24 1013144226 179 1332 1915 2700 70.93% 968 702 126 66 1862404228 198 2719 3854 6185 62.31% 1499 1806 227 173 3705937229 29 507 837 2097 39.91% 240 475 46 39 800301230 91 730 1016 1434 70.85% 528 331 80 35 974195232 96 986 1348 1894 71.17% 796 382 90 29 1297266234 23 246 512 1011 50.64% 211 243 20 17 491243236 24 553 699 814 85.87% 417 188 53 19 677122238 0 2 2 2 100.00% 2 0 0 0 20301 0 0 0 0 00.00% 0 0 0 0 00315 170 1344 1936 3094 62.57% 1075 563 123 61 1822422316 114 418 681 1297 52.51% 305 263 46 30 644149317 11 151 241 475 50.74% 58 125 17 26 22679318 1 28 47 113 41.59% 12 20 6 5 4318330 53 581 902 1700 53.06% 242 423 100 91 856268332 97 1267 1993 3674 54.25% 618 943 171 162 1894629333 254 2172 2812 3720 75.59% 1528 903 195 78 2704386334 5 859 1406 2928 48.02% 411 784 61 75 1331542335 195 1745 2217 3153 70.31% 1205 698 159 72 2134277336 137 1484 2298 3956 58.09% 910 927 197 145 2179677337 340 2689 3495 4744 73.67% 2033 1050 210 75 3368466339 71 569 758 1072 70.71% 488 179 48 18 733118413 0 254 424 965 43.94% 108 240 31 22 401170414 41 401 719 1518 47.36% 146 415 52 56 669277415 17 676 1174 2330 50.39% 317 653 70 73 1113481416 1 38 63 158 39.87% 21 34 3 3 6124417 23 448 692 948 73.00% 347 256 42 24 669221418 0 3 4 10 40.00% 1 3 0 0 41419 52 791 1111 1691 65.70% 561 408 72 30 1071268

336



Railroad Commissioner Railroad Commissioner


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Gra

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Mar

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Tota

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RegisteredVoters

PercentTurnout

REP

Way

ne C

hris

tian

420 24 354 470 719 65.37% 254 166 13 20 45392421 3 24 31 37 83.78% 19 9 1 0 294440 77 1022 1386 1897 73.06% 809 389 103 36 1337287441 132 1678 2162 2938 73.59% 1282 591 188 52 2113352442 155 1392 1871 2520 74.25% 910 679 177 61 1827324443 224 2821 3628 4600 78.87% 2098 1069 281 76 3524583444 286 3173 4064 5507 73.80% 2268 1211 355 91 3925605447 64 696 1263 2159 58.50% 590 471 91 64 1216503449 151 1547 2046 2866 71.39% 1210 561 165 49 1985348Totals 4586 51835 17167 73588 116401 33878 28598 5171 2956 70603

337



Justice, Supreme Court, Place 3 Supreme Court, Place 3


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RegisteredVoters

PercentTurnout

REP

Deb

ra L

ehrm

ann

110 74 756 1049 1742 60.22% 474 428 47 42 991219111 9 653 718 420 170.95% 286 283 60 41 67056112 97 606 1074 2360 45.51% 257 597 99 71 1024371113 232 1441 2239 4240 52.81% 654 1228 122 105 2109566120 116 1479 2439 5479 44.52% 602 1407 189 130 2328844125 43 747 1217 2200 55.32% 474 582 76 50 1182427127 112 1813 2862 4885 58.59% 1285 1191 158 135 2769937129 81 1721 2579 4485 57.50% 1006 1231 149 106 2492777221 150 1938 2732 4011 68.11% 1314 1075 169 72 2630644223 67 799 1203 2309 52.10% 483 564 55 46 1148337224 201 3340 4347 5841 74.42% 2312 1481 236 138 4167806225 66 842 1052 1503 69.99% 639 311 44 20 1014144226 179 1332 1915 2700 70.93% 1011 704 94 59 1868404228 198 2719 3854 6185 62.31% 1576 1798 187 163 3724937229 29 507 837 2097 39.91% 249 468 44 49 810301230 91 730 1016 1434 70.85% 556 326 67 25 974195232 96 986 1348 1894 71.17% 831 379 79 19 1308266234 23 246 512 1011 50.64% 218 235 20 19 492243236 24 553 699 814 85.87% 444 188 30 16 678122238 0 2 2 2 100.00% 2 0 0 0 20301 0 0 0 0 00.00% 0 0 0 0 00315 170 1344 1936 3094 62.57% 1115 574 98 50 1837422316 114 418 681 1297 52.51% 332 255 36 25 648149317 11 151 241 475 50.74% 62 122 19 22 22579318 1 28 47 113 41.59% 14 23 5 3 4518330 53 581 902 1700 53.06% 247 458 89 63 857268332 97 1267 1993 3674 54.25% 627 969 181 122 1899629333 254 2172 2812 3720 75.59% 1611 894 148 54 2707386334 5 859 1406 2928 48.02% 416 792 77 57 1342542335 195 1745 2217 3153 70.31% 1247 710 140 49 2146277336 137 1484 2298 3956 58.09% 950 955 185 103 2193677337 340 2689 3495 4744 73.67% 2098 1064 168 53 3383466339 71 569 758 1072 70.71% 502 183 38 10 733118413 0 254 424 965 43.94% 112 252 22 15 401170414 41 401 719 1518 47.36% 153 415 48 55 671277415 17 676 1174 2330 50.39% 319 657 83 62 1121481416 1 38 63 158 39.87% 24 32 4 2 6224417 23 448 692 948 73.00% 368 261 24 19 672221418 0 3 4 10 40.00% 1 3 0 0 41419 52 791 1111 1691 65.70% 580 403 64 29 1076268

338





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ss

GR

NR

odol

fo R

iver

a M

unoz

Tota

ls

RegisteredVoters

PercentTurnout

REP

Deb

ra L

ehrm

ann

420 24 354 470 719 65.37% 256 167 16 15 45492421 3 24 31 37 83.78% 18 9 1 0 284440 77 1022 1386 1897 73.06% 833 382 94 21 1330287441 132 1678 2162 2938 73.59% 1327 593 155 37 2112352442 155 1392 1871 2520 74.25% 978 699 121 37 1835324443 224 2821 3628 4600 78.87% 2158 1109 214 49 3530583444 286 3173 4064 5507 73.80% 2373 1242 255 59 3929605447 64 696 1263 2159 58.50% 598 475 92 50 1215503449 151 1547 2046 2866 71.39% 1263 562 118 48 1991348Totals 4586 51835 17167 73588 116401 35255 28736 4420 2415 70826

339





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Dor

i Con

trer

as

Gar

za

LIB

Tom

Oxf

ord

GR

NC

harle

s E.

W

ater

bury

Tota

ls

RegisteredVoters

PercentTurnout

REP

Paul

Gre

en

110 74 756 1049 1742 60.22% 468 460 42 19 989219111 9 653 718 420 170.95% 284 328 46 16 67456112 97 606 1074 2360 45.51% 256 663 72 34 1025371113 232 1441 2239 4240 52.81% 637 1342 87 39 2105566120 116 1479 2439 5479 44.52% 592 1501 152 73 2318844125 43 747 1217 2200 55.32% 466 629 60 24 1179427127 112 1813 2862 4885 58.59% 1240 1341 136 52 2769937129 81 1721 2579 4485 57.50% 974 1339 127 37 2477777221 150 1938 2732 4011 68.11% 1312 1146 146 31 2635644223 67 799 1203 2309 52.10% 478 608 50 13 1149337224 201 3340 4347 5841 74.42% 2287 1613 207 64 4171806225 66 842 1052 1503 69.99% 629 339 37 8 1013144226 179 1332 1915 2700 70.93% 1017 734 88 24 1863404228 198 2719 3854 6185 62.31% 1540 1959 161 55 3715937229 29 507 837 2097 39.91% 248 503 39 15 805301230 91 730 1016 1434 70.85% 539 356 53 19 967195232 96 986 1348 1894 71.17% 828 411 57 11 1307266234 23 246 512 1011 50.64% 218 251 15 8 492243236 24 553 699 814 85.87% 436 202 28 8 674122238 0 2 2 2 100.00% 2 0 0 0 20301 0 0 0 0 00.00% 0 0 0 0 00315 170 1344 1936 3094 62.57% 1108 610 99 22 1839422316 114 418 681 1297 52.51% 335 269 29 14 647149317 11 151 241 475 50.74% 60 140 15 13 22879318 1 28 47 113 41.59% 13 25 5 2 4518330 53 581 902 1700 53.06% 247 490 74 44 855268332 97 1267 1993 3674 54.25% 638 1029 149 84 1900629333 254 2172 2812 3720 75.59% 1593 956 110 44 2703386334 5 859 1406 2928 48.02% 415 827 58 35 1335542335 195 1745 2217 3153 70.31% 1252 739 102 43 2136277336 137 1484 2298 3956 58.09% 932 1037 148 76 2193677337 340 2689 3495 4744 73.67% 2098 1084 144 43 3369466339 71 569 758 1072 70.71% 492 199 34 2 727118413 0 254 424 965 43.94% 107 263 21 9 400170414 41 401 719 1518 47.36% 146 445 57 27 675277415 17 676 1174 2330 50.39% 319 711 56 34 1120481416 1 38 63 158 39.87% 21 34 5 2 6224417 23 448 692 948 73.00% 353 286 25 7 671221418 0 3 4 10 40.00% 1 3 0 0 41419 52 791 1111 1691 65.70% 557 442 58 9 1066268

340





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Dor

i Con

trer

as

Gar

za

LIB

Tom

Oxf

ord

GR

NC

harle

s E.

W

ater

bury

Tota

ls

RegisteredVoters

PercentTurnout

REP

Paul

Gre

en

420 24 354 470 719 65.37% 259 169 16 6 45092421 3 24 31 37 83.78% 19 8 1 0 284440 77 1022 1386 1897 73.06% 835 414 70 17 1336287441 132 1678 2162 2938 73.59% 1315 633 135 26 2109352442 155 1392 1871 2520 74.25% 960 724 112 36 1832324443 224 2821 3628 4600 78.87% 2115 1183 193 33 3524583444 286 3173 4064 5507 73.80% 2361 1293 219 50 3923605447 64 696 1263 2159 58.50% 610 485 80 40 1215503449 151 1547 2046 2866 71.39% 1259 596 101 28 1984348Totals 4586 51835 17167 73588 116401 34871 30819 3719 1296 70705

341





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Sava

nnah

Rob

inso

n

LIB

Don

Ful

ton

GR

NJi

m C

hish

olm

Tota

ls

RegisteredVoters

PercentTurnout

REP

Eva

Guz

man

110 74 756 1049 1742 60.22% 497 431 50 15 993219111 9 653 718 420 170.95% 297 311 54 17 67956112 97 606 1074 2360 45.51% 281 633 73 35 1022371113 232 1441 2239 4240 52.81% 702 1266 91 40 2099566120 116 1479 2439 5479 44.52% 647 1454 149 72 2322844125 43 747 1217 2200 55.32% 491 597 66 24 1178427127 112 1813 2862 4885 58.59% 1329 1258 130 47 2764937129 81 1721 2579 4485 57.50% 1046 1270 121 41 2478777221 150 1938 2732 4011 68.11% 1341 1119 131 36 2627644223 67 799 1203 2309 52.10% 511 567 52 15 1145337224 201 3340 4347 5841 74.42% 2331 1535 233 70 4169806225 66 842 1052 1503 69.99% 655 318 31 9 1013144226 179 1332 1915 2700 70.93% 1012 719 95 29 1855404228 198 2719 3854 6185 62.31% 1641 1849 170 55 3715937229 29 507 837 2097 39.91% 268 474 47 19 808301230 91 730 1016 1434 70.85% 550 335 60 18 963195232 96 986 1348 1894 71.17% 838 392 62 12 1304266234 23 246 512 1011 50.64% 224 245 17 7 493243236 24 553 699 814 85.87% 442 184 35 10 671122238 0 2 2 2 100.00% 2 0 0 0 20301 0 0 0 0 00.00% 0 0 0 0 00315 170 1344 1936 3094 62.57% 1131 570 95 34 1830422316 114 418 681 1297 52.51% 324 270 36 15 645149317 11 151 241 475 50.74% 69 126 15 17 22779318 1 28 47 113 41.59% 15 23 4 3 4518330 53 581 902 1700 53.06% 257 469 82 45 853268332 97 1267 1993 3674 54.25% 662 992 164 79 1897629333 254 2172 2812 3720 75.59% 1612 927 107 49 2695386334 5 859 1406 2928 48.02% 430 812 60 33 1335542335 195 1745 2217 3153 70.31% 1245 729 108 50 2132277336 137 1484 2298 3956 58.09% 967 998 152 68 2185677337 340 2689 3495 4744 73.67% 2084 1082 150 52 3368466339 71 569 758 1072 70.71% 489 194 36 7 726118413 0 254 424 965 43.94% 114 252 27 5 398170414 41 401 719 1518 47.36% 159 431 51 29 670277415 17 676 1174 2330 50.39% 335 689 56 38 1118481416 1 38 63 158 39.87% 21 34 5 2 6224417 23 448 692 948 73.00% 372 266 22 10 670221418 0 3 4 10 40.00% 1 3 0 0 41419 52 791 1111 1691 65.70% 598 403 54 10 1065268

342





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Sava

nnah

Rob

inso

n

LIB

Don

Ful

ton

GR

NJi

m C

hish

olm

Tota

ls

RegisteredVoters

PercentTurnout

REP

Eva

Guz

man

420 24 354 470 719 65.37% 252 169 19 10 45092421 3 24 31 37 83.78% 18 9 1 0 284440 77 1022 1386 1897 73.06% 832 399 84 18 1333287441 132 1678 2162 2938 73.59% 1315 614 151 28 2108352442 155 1392 1871 2520 74.25% 973 717 110 28 1828324443 224 2821 3628 4600 78.87% 2153 1132 196 32 3513583444 286 3173 4064 5507 73.80% 2367 1260 239 55 3921605447 64 696 1263 2159 58.50% 622 483 72 38 1215503449 151 1547 2046 2866 71.39% 1256 582 116 19 1973348Totals 4586 51835 17167 73588 116401 35778 29592 3879 1345 70594

343



Judge, Court of Criminal Appeals, Place 2 Criminal Appeals, Place 2


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Law

renc

e"L

arry

" M

eyer

s

LIB

Mar

k A

sh

GR

NA

dam

Kin

g B

lack

wel

lR

epos

a

Tota

ls

RegisteredVoters

PercentTurnout

REP

Mar

y Lo

u K

eel

110 74 756 1049 1742 60.22% 485 427 57 17 986219111 9 653 718 420 170.95% 288 316 50 23 67756112 97 606 1074 2360 45.51% 260 628 79 50 1017371113 232 1441 2239 4240 52.81% 657 1273 100 48 2078566120 116 1479 2439 5479 44.52% 605 1454 171 83 2313844125 43 747 1217 2200 55.32% 469 605 72 31 1177427127 112 1813 2862 4885 58.59% 1274 1268 153 62 2757937129 81 1721 2579 4485 57.50% 1001 1274 148 47 2470777221 150 1938 2732 4011 68.11% 1329 1093 157 44 2623644223 67 799 1203 2309 52.10% 489 578 55 21 1143337224 201 3340 4347 5841 74.42% 2303 1527 249 72 4151806225 66 842 1052 1503 69.99% 643 323 37 5 1008144226 179 1332 1915 2700 70.93% 1011 724 92 25 1852404228 198 2719 3854 6185 62.31% 1584 1863 181 77 3705937229 29 507 837 2097 39.91% 246 488 45 30 809301230 91 730 1016 1434 70.85% 547 338 68 13 966195232 96 986 1348 1894 71.17% 835 400 55 11 1301266234 23 246 512 1011 50.64% 216 252 19 7 494243236 24 553 699 814 85.87% 444 187 30 9 670122238 0 2 2 2 100.00% 2 0 0 0 20301 0 0 0 0 00.00% 0 0 0 0 00315 170 1344 1936 3094 62.57% 1112 575 113 23 1823422316 114 418 681 1297 52.51% 333 261 34 12 640149317 11 151 241 475 50.74% 60 128 16 17 22179318 1 28 47 113 41.59% 14 23 6 2 4518330 53 581 902 1700 53.06% 238 465 93 50 846268332 97 1267 1993 3674 54.25% 637 969 178 101 1885629333 254 2172 2812 3720 75.59% 1605 930 113 38 2686386334 5 859 1406 2928 48.02% 411 817 68 35 1331542335 195 1745 2217 3153 70.31% 1234 729 115 45 2123277336 137 1484 2298 3956 58.09% 943 966 189 74 2172677337 340 2689 3495 4744 73.67% 2086 1059 168 42 3355466339 71 569 758 1072 70.71% 504 181 34 7 726118413 0 254 424 965 43.94% 108 247 36 8 399170414 41 401 719 1518 47.36% 154 433 46 41 674277415 17 676 1174 2330 50.39% 319 691 66 37 1113481416 1 38 63 158 39.87% 20 35 4 2 6124417 23 448 692 948 73.00% 371 266 27 6 670221418 0 3 4 10 40.00% 1 3 0 0 41419 52 791 1111 1691 65.70% 573 409 67 14 1063268

344





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Law

renc

e"L

arry

" M

eyer

s

LIB

Mar

k A

sh

GR

NA

dam

Kin

g B

lack

wel

lR

epos

a

Tota

ls

RegisteredVoters

PercentTurnout

REP

Mar

y Lo

u K

eel

420 24 354 470 719 65.37% 251 169 16 9 44592421 3 24 31 37 83.78% 17 10 1 0 284440 77 1022 1386 1897 73.06% 845 391 75 19 1330287441 132 1678 2162 2938 73.59% 1319 606 150 26 2101352442 155 1392 1871 2520 74.25% 970 709 107 38 1824324443 224 2821 3628 4600 78.87% 2149 1112 203 39 3503583444 286 3173 4064 5507 73.80% 2366 1254 238 52 3910605447 64 696 1263 2159 58.50% 624 462 87 36 1209503449 151 1547 2046 2866 71.39% 1260 571 111 29 1971348Totals 4586 51835 17167 73588 116401 35212 29489 4179 1477 70357

345





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Bet

sy J

ohns

on

LIB

Will

iam

Bry

an

Stra

nge,

III

GR

NJu

dith

Sand

ers-

Cas

tro

Tota

ls

RegisteredVoters

PercentTurnout

REP

Scot

t Wal

ker

110 74 756 1049 1742 60.22% 476 441 39 34 990219111 9 653 718 420 170.95% 282 319 45 31 67756112 97 606 1074 2360 45.51% 255 640 62 64 1021371113 232 1441 2239 4240 52.81% 661 1281 76 72 2090566120 116 1479 2439 5479 44.52% 591 1471 129 120 2311844125 43 747 1217 2200 55.32% 465 611 59 44 1179427127 112 1813 2862 4885 58.59% 1259 1277 122 105 2763937129 81 1721 2579 4485 57.50% 991 1283 123 78 2475777221 150 1938 2732 4011 68.11% 1314 1133 120 57 2624644223 67 799 1203 2309 52.10% 473 596 50 33 1152337224 201 3340 4347 5841 74.42% 2298 1569 188 105 4160806225 66 842 1052 1503 69.99% 646 329 27 11 1013144226 179 1332 1915 2700 70.93% 1014 724 70 47 1855404228 198 2719 3854 6185 62.31% 1550 1901 133 127 3711937229 29 507 837 2097 39.91% 249 485 36 39 809301230 91 730 1016 1434 70.85% 543 342 56 25 966195232 96 986 1348 1894 71.17% 825 413 49 16 1303266234 23 246 512 1011 50.64% 215 255 16 8 494243236 24 553 699 814 85.87% 436 202 23 7 668122238 0 2 2 2 100.00% 2 0 0 0 20301 0 0 0 0 00.00% 0 0 0 0 00315 170 1344 1936 3094 62.57% 1120 586 78 51 1835422316 114 418 681 1297 52.51% 324 271 21 18 634149317 11 151 241 475 50.74% 57 129 16 22 22479318 1 28 47 113 41.59% 14 22 5 4 4518330 53 581 902 1700 53.06% 245 470 62 68 845268332 97 1267 1993 3674 54.25% 634 1000 123 129 1886629333 254 2172 2812 3720 75.59% 1608 934 94 56 2692386334 5 859 1406 2928 48.02% 417 830 48 41 1336542335 195 1745 2217 3153 70.31% 1247 741 88 57 2133277336 137 1484 2298 3956 58.09% 926 1012 139 95 2172677337 340 2689 3495 4744 73.67% 2097 1089 130 46 3362466339 71 569 758 1072 70.71% 495 195 33 6 729118413 0 254 424 965 43.94% 105 264 18 16 403170414 41 401 719 1518 47.36% 155 426 42 48 671277415 17 676 1174 2330 50.39% 326 698 51 44 1119481416 1 38 63 158 39.87% 19 33 6 3 6124417 23 448 692 948 73.00% 352 281 18 17 668221418 0 3 4 10 40.00% 2 2 0 0 41419 52 791 1111 1691 65.70% 570 426 52 22 1070268

346





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Bet

sy J

ohns

on

LIB

Will

iam

Bry

an

Stra

nge,

III

GR

NJu

dith

Sand

ers-

Cas

tro

Tota

ls

RegisteredVoters

PercentTurnout

REP

Scot

t Wal

ker

420 24 354 470 719 65.37% 256 171 9 12 44892421 3 24 31 37 83.78% 17 9 1 0 274440 77 1022 1386 1897 73.06% 844 399 69 21 1333287441 132 1678 2162 2938 73.59% 1315 621 130 38 2104352442 155 1392 1871 2520 74.25% 966 723 84 47 1820324443 224 2821 3628 4600 78.87% 2139 1142 167 53 3501583444 286 3173 4064 5507 73.80% 2360 1280 203 65 3908605447 64 696 1263 2159 58.50% 614 481 61 50 1206503449 151 1547 2046 2866 71.39% 1255 593 89 33 1970348Totals 4586 51835 17167 73588 116401 35024 30100 3260 2085 70469

347





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Rob

ert B

urns

LIB

Mar

k W

. Ben

nett

Tota

ls

RegisteredVoters

PercentTurnout

REP

Mic

hael

E.

Kea

sler

110 74 756 1049 1742 60.22% 480 440 63 983219111 9 653 718 420 170.95% 286 319 69 67456112 97 606 1074 2360 45.51% 259 653 94 1006371113 232 1441 2239 4240 52.81% 646 1313 110 2069566120 116 1479 2439 5479 44.52% 610 1488 199 2297844125 43 747 1217 2200 55.32% 470 628 73 1171427127 112 1813 2862 4885 58.59% 1285 1291 165 2741937129 81 1721 2579 4485 57.50% 1012 1288 157 2457777221 150 1938 2732 4011 68.11% 1304 1144 167 2615644223 67 799 1203 2309 52.10% 479 589 69 1137337224 201 3340 4347 5841 74.42% 2302 1577 246 4125806225 66 842 1052 1503 69.99% 632 330 36 998144226 179 1332 1915 2700 70.93% 1014 741 90 1845404228 198 2719 3854 6185 62.31% 1579 1918 186 3683937229 29 507 837 2097 39.91% 253 501 52 806301230 91 730 1016 1434 70.85% 550 344 66 960195232 96 986 1348 1894 71.17% 837 390 71 1298266234 23 246 512 1011 50.64% 215 250 23 488243236 24 553 699 814 85.87% 435 193 38 666122238 0 2 2 2 100.00% 2 0 0 20301 0 0 0 0 00.00% 0 0 0 00315 170 1344 1936 3094 62.57% 1127 591 95 1813422316 114 418 681 1297 52.51% 322 273 41 636149317 11 151 241 475 50.74% 60 132 27 21979318 1 28 47 113 41.59% 15 25 5 4518330 53 581 902 1700 53.06% 251 495 90 836268332 97 1267 1993 3674 54.25% 649 1053 173 1875629333 254 2172 2812 3720 75.59% 1597 947 126 2670386334 5 859 1406 2928 48.02% 420 830 75 1325542335 195 1745 2217 3153 70.31% 1239 747 130 2116277336 137 1484 2298 3956 58.09% 944 1022 190 2156677337 340 2689 3495 4744 73.67% 2085 1084 166 3335466339 71 569 758 1072 70.71% 503 180 42 725118413 0 254 424 965 43.94% 109 268 19 396170414 41 401 719 1518 47.36% 156 456 55 667277415 17 676 1174 2330 50.39% 326 703 79 1108481416 1 38 63 158 39.87% 20 34 6 6024417 23 448 692 948 73.00% 365 274 26 665221418 0 3 4 10 40.00% 1 3 0 41419 52 791 1111 1691 65.70% 584 420 56 1060268

348





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Rob

ert B

urns

LIB

Mar

k W

. Ben

nett

Tota

ls

RegisteredVoters

PercentTurnout

REP

Mic

hael

E.

Kea

sler

420 24 354 470 719 65.37% 259 177 9 44592421 3 24 31 37 83.78% 15 11 1 274440 77 1022 1386 1897 73.06% 839 397 86 1322287441 132 1678 2162 2938 73.59% 1318 628 147 2093352442 155 1392 1871 2520 74.25% 970 731 111 1812324443 224 2821 3628 4600 78.87% 2152 1130 208 3490583444 286 3173 4064 5507 73.80% 2355 1292 248 3895605447 64 696 1263 2159 58.50% 621 480 93 1194503449 151 1547 2046 2866 71.39% 1252 591 112 1955348Totals 4586 51835 17167 73588 116401 35204 30371 4390 69965

349



Member, State Board of Education, District 5 State Board of Education, District 5


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Reb

ecca

Bel

l-Met

erea

u

LIB

Ric

ardo

Per

kins

Tota

ls

RegisteredVoters

PercentTurnout

REP

Ken

Mer

cer

110 74 635 928 1642 56.52% 410 416 50 876219111 9 119 184 320 57.50% 44 121 9 17456112 97 606 1074 2360 45.51% 248 693 73 1014371113 232 1441 2239 4240 52.81% 625 1363 102 2090566120 116 1479 2439 5479 44.52% 587 1561 160 2308844125 43 747 1217 2200 55.32% 472 635 66 1173427127 112 1813 2862 4885 58.59% 1227 1353 166 2746937129 81 1721 2579 4485 57.50% 982 1341 143 2466777221 150 1938 2732 4011 68.11% 1299 1168 148 2615644223 67 799 1203 2309 52.10% 464 605 71 1140337224 201 3340 4347 5841 74.42% 2251 1660 234 4145806225 66 842 1052 1503 69.99% 615 361 30 1006144226 179 1332 1915 2700 70.93% 976 797 80 1853404228 198 2719 3854 6185 62.31% 1534 1973 191 3698937229 29 507 837 2097 39.91% 253 505 47 805301230 91 654 940 1334 70.46% 492 356 50 898195232 96 986 1348 1894 71.17% 807 430 57 1294266234 23 246 512 1011 50.64% 219 251 21 491243236 24 553 699 814 85.87% 432 197 37 666122238 0 2 2 2 100.00% 1 0 1 20301 0 0 0 0 00.00% 0 0 0 00315 170 1344 1936 3094 62.57% 1055 686 92 1833422316 114 418 681 1297 52.51% 306 299 35 640149317 11 151 241 475 50.74% 60 147 18 22579318 1 28 47 113 41.59% 12 27 5 4418330 53 581 902 1700 53.06% 230 552 69 851268332 97 1267 1993 3674 54.25% 609 1130 149 1888629333 254 2172 2812 3720 75.59% 1564 980 132 2676386334 5 859 1406 2928 48.02% 411 852 65 1328542335 195 1745 2217 3153 70.31% 1244 768 113 2125277336 137 1484 2298 3956 58.09% 902 1118 156 2176677337 340 2689 3495 4744 73.67% 2058 1157 132 3347466339 71 569 758 1072 70.71% 482 211 33 726118413 0 254 424 965 43.94% 97 274 24 395170414 41 401 719 1518 47.36% 148 465 54 667277415 17 676 1174 2330 50.39% 309 732 68 1109481416 1 38 63 158 39.87% 21 36 2 5924417 23 448 692 948 73.00% 342 291 32 665221418 0 3 4 10 40.00% 1 3 0 41419 52 791 1111 1691 65.70% 567 436 59 1062268

350



Member, State Board of Education, District 5 State Board of Education, District 5


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Reb

ecca

Bel

l-Met

erea

u

LIB

Ric

ardo

Per

kins

Tota

ls

RegisteredVoters

PercentTurnout

REP

Ken

Mer

cer

420 24 354 470 719 65.37% 255 186 10 45192421 3 24 31 37 83.78% 16 11 0 274440 77 1022 1386 1897 73.06% 828 426 74 1328287441 132 1678 2162 2938 73.59% 1317 656 126 2099352442 155 1392 1871 2520 74.25% 952 763 101 1816324443 224 2821 3628 4600 78.87% 2098 1211 195 3504583444 286 3173 4064 5507 73.80% 2322 1350 238 3910605447 64 696 1263 2159 58.50% 592 521 85 1198503449 151 1547 2046 2866 71.39% 1229 627 106 1962348Totals 4586 51104 17167 72857 116101 33965 31701 3909 69575

351



State Senator, District 21 State Senator, District 21


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

DEM

Judi

th Z

affir

ini

110 74 756 1049 1742 60.22% 587 587219111 9 119 184 320 57.50% 140 14056112 97 606 1074 2360 45.51% 760 760371113 232 1441 2239 4240 52.81% 1559 1559566120 116 1479 2439 5479 44.52% 1747 1747844125 43 747 1217 2200 55.32% 764 764427127 112 1813 2862 4885 58.59% 1655 1655937229 29 507 837 2097 39.91% 572 572301234 23 246 512 1011 50.64% 310 310243301 0 0 0 0 00.00% 0 00316 114 418 681 1297 52.51% 362 362149317 11 151 241 475 50.74% 165 16579414 41 401 719 1518 47.36% 518 518277416 1 38 63 158 39.87% 40 4024417 23 448 692 948 73.00% 363 363221Totals 925 9170 4714 14809 28730 9542 9542

352



State Representative, District 45 State Representative, District 45


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Jaso

n A

. Isa

ac

110 74 635 928 1642 56.52% 527 527219111 9 119 184 320 57.50% 79 7956112 97 606 1074 2360 45.51% 408 408371113 232 1441 2239 4240 52.81% 1022 1022566120 116 1479 2439 5479 44.52% 1004 1004844125 43 747 1217 2200 55.32% 636 636427127 112 1813 2862 4885 58.59% 1621 1621937129 81 1721 2579 4485 57.50% 1315 1315777221 150 1938 2732 4011 68.11% 1654 1654644223 67 799 1203 2309 52.10% 629 629337224 201 3340 4347 5841 74.42% 2761 2761806225 66 842 1052 1503 69.99% 721 721144226 179 1332 1915 2700 70.93% 1202 1202404228 198 2719 3854 6185 62.31% 2041 2041937229 29 507 837 2097 39.91% 368 368301230 91 654 940 1334 70.46% 613 613195232 96 986 1348 1894 71.17% 936 936266234 23 246 512 1011 50.64% 279 279243236 24 553 699 814 85.87% 498 498122238 0 2 2 2 100.00% 2 20301 0 0 0 0 00.00% 0 00315 170 1344 1936 3094 62.57% 1316 1316422316 114 418 681 1297 52.51% 385 385149317 11 151 241 475 50.74% 108 10879318 1 28 47 113 41.59% 21 2118330 53 581 902 1700 53.06% 391 391268332 97 1267 1993 3674 54.25% 923 923629333 254 2172 2812 3720 75.59% 1858 1858386334 5 859 1406 2928 48.02% 615 615542335 195 1745 2217 3153 70.31% 1433 1433277336 137 1484 2298 3956 58.09% 1257 1257677337 340 2689 3495 4744 73.67% 2372 2372466339 71 569 758 1072 70.71% 552 552118413 0 254 424 965 43.94% 173 173170414 41 401 719 1518 47.36% 252 252277415 17 676 1174 2330 50.39% 504 504481416 1 38 63 158 39.87% 28 2824417 23 448 692 948 73.00% 435 435221418 0 3 4 10 40.00% 3 31419 52 791 1111 1691 65.70% 698 698268

353



State Representative, District 45 State Representative, District 45


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Jaso

n A

. Isa

ac

420 24 354 470 719 65.37% 299 29992421 3 24 31 37 83.78% 23 234440 77 1022 1386 1897 73.06% 976 976287441 132 1678 2162 2938 73.59% 1517 1517352442 155 1392 1871 2520 74.25% 1150 1150324443 224 2821 3628 4600 78.87% 2603 2603583444 286 3173 4064 5507 73.80% 2803 2803605447 64 696 1263 2159 58.50% 756 756503449 151 1547 2046 2866 71.39% 1471 1471348Totals 4586 51104 17167 72857 116101 43238 43238

354



Justice 3rd Court of Appeals District, Place 2 Justice 3rd Court of Appeals District, Place 2


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Cin

dy O

lson

B

ourla

nd

110 74 635 928 1642 56.52% 515 515219111 9 119 184 320 57.50% 77 7756112 97 606 1074 2360 45.51% 390 390371113 232 1441 2239 4240 52.81% 997 997566120 116 1479 2439 5479 44.52% 1003 1003844125 43 747 1217 2200 55.32% 620 620427127 112 1813 2862 4885 58.59% 1596 1596937129 81 1721 2579 4485 57.50% 1298 1298777221 150 1938 2732 4011 68.11% 1633 1633644223 67 799 1203 2309 52.10% 607 607337224 201 3340 4347 5841 74.42% 2751 2751806225 66 842 1052 1503 69.99% 704 704144226 179 1332 1915 2700 70.93% 1174 1174404228 198 2719 3854 6185 62.31% 2020 2020937229 29 507 837 2097 39.91% 364 364301230 91 654 940 1334 70.46% 600 600195232 96 986 1348 1894 71.17% 928 928266234 23 246 512 1011 50.64% 273 273243236 24 553 699 814 85.87% 488 488122238 0 2 2 2 100.00% 2 20301 0 0 0 0 00.00% 0 00315 170 1344 1936 3094 62.57% 1260 1260422316 114 418 681 1297 52.51% 379 379149317 11 151 241 475 50.74% 103 10379318 1 28 47 113 41.59% 21 2118330 53 581 902 1700 53.06% 373 373268332 97 1267 1993 3674 54.25% 910 910629333 254 2172 2812 3720 75.59% 1764 1764386334 5 859 1406 2928 48.02% 628 628542335 195 1745 2217 3153 70.31% 1391 1391277336 137 1484 2298 3956 58.09% 1214 1214677337 340 2689 3495 4744 73.67% 2321 2321466339 71 569 758 1072 70.71% 542 542118413 0 254 424 965 43.94% 173 173170414 41 401 719 1518 47.36% 245 245277415 17 676 1174 2330 50.39% 498 498481416 1 38 63 158 39.87% 30 3024417 23 448 692 948 73.00% 436 436221418 0 3 4 10 40.00% 3 31419 52 791 1111 1691 65.70% 693 693268

355





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Cin

dy O

lson

B

ourla

nd

420 24 354 470 719 65.37% 291 29192421 3 24 31 37 83.78% 20 204440 77 1022 1386 1897 73.06% 951 951287441 132 1678 2162 2938 73.59% 1489 1489352442 155 1392 1871 2520 74.25% 1123 1123324443 224 2821 3628 4600 78.87% 2483 2483583444 286 3173 4064 5507 73.80% 2725 2725605447 64 696 1263 2159 58.50% 744 744503449 151 1547 2046 2866 71.39% 1420 1420348Totals 4586 51104 17167 72857 116101 42270 42270

356





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Mel

issa

Goo

dwin

110 74 635 928 1642 56.52% 519 519219111 9 119 184 320 57.50% 75 7556112 97 606 1074 2360 45.51% 410 410371113 232 1441 2239 4240 52.81% 999 999566120 116 1479 2439 5479 44.52% 1007 1007844125 43 747 1217 2200 55.32% 625 625427127 112 1813 2862 4885 58.59% 1599 1599937129 81 1721 2579 4485 57.50% 1311 1311777221 150 1938 2732 4011 68.11% 1635 1635644223 67 799 1203 2309 52.10% 609 609337224 201 3340 4347 5841 74.42% 2749 2749806225 66 842 1052 1503 69.99% 710 710144226 179 1332 1915 2700 70.93% 1173 1173404228 198 2719 3854 6185 62.31% 2026 2026937229 29 507 837 2097 39.91% 363 363301230 91 654 940 1334 70.46% 604 604195232 96 986 1348 1894 71.17% 927 927266234 23 246 512 1011 50.64% 277 277243236 24 553 699 814 85.87% 486 486122238 0 2 2 2 100.00% 2 20301 0 0 0 0 00.00% 0 00315 170 1344 1936 3094 62.57% 1269 1269422316 114 418 681 1297 52.51% 380 380149317 11 151 241 475 50.74% 103 10379318 1 28 47 113 41.59% 22 2218330 53 581 902 1700 53.06% 368 368268332 97 1267 1993 3674 54.25% 906 906629333 254 2172 2812 3720 75.59% 1758 1758386334 5 859 1406 2928 48.02% 624 624542335 195 1745 2217 3153 70.31% 1387 1387277336 137 1484 2298 3956 58.09% 1212 1212677337 340 2689 3495 4744 73.67% 2314 2314466339 71 569 758 1072 70.71% 542 542118413 0 254 424 965 43.94% 170 170170414 41 401 719 1518 47.36% 245 245277415 17 676 1174 2330 50.39% 501 501481416 1 38 63 158 39.87% 29 2924417 23 448 692 948 73.00% 438 438221418 0 3 4 10 40.00% 3 31419 52 791 1111 1691 65.70% 696 696268

357





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Mel

issa

Goo

dwin

420 24 354 470 719 65.37% 291 29192421 3 24 31 37 83.78% 20 204440 77 1022 1386 1897 73.06% 954 954287441 132 1678 2162 2938 73.59% 1485 1485352442 155 1392 1871 2520 74.25% 1123 1123324443 224 2821 3628 4600 78.87% 2492 2492583444 286 3173 4064 5507 73.80% 2725 2725605447 64 696 1263 2159 58.50% 754 754503449 151 1547 2046 2866 71.39% 1420 1420348Totals 4586 51104 17167 72857 116101 42337 42337

358



District Judge, 22nd Judicial District District Judge, 22nd


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Bru

ce B

oyer

110 74 635 928 1642 56.52% 520 520219111 9 119 184 320 57.50% 75 7556112 97 606 1074 2360 45.51% 397 397371113 232 1441 2239 4240 52.81% 986 986566120 116 1479 2439 5479 44.52% 999 999844125 43 747 1217 2200 55.32% 626 626427127 112 1813 2862 4885 58.59% 1587 1587937129 81 1721 2579 4485 57.50% 1288 1288777221 150 1938 2732 4011 68.11% 1626 1626644223 67 799 1203 2309 52.10% 604 604337224 201 3340 4347 5841 74.42% 2734 2734806225 66 842 1052 1503 69.99% 706 706144226 179 1332 1915 2700 70.93% 1185 1185404228 198 2719 3854 6185 62.31% 2008 2008937229 29 507 837 2097 39.91% 352 352301230 91 654 940 1334 70.46% 596 596195232 96 986 1348 1894 71.17% 909 909266234 23 246 512 1011 50.64% 275 275243236 24 553 699 814 85.87% 481 481122238 0 2 2 2 100.00% 2 20301 0 0 0 0 00.00% 0 00315 170 1344 1936 3094 62.57% 1266 1266422316 114 418 681 1297 52.51% 378 378149317 11 151 241 475 50.74% 101 10179318 1 28 47 113 41.59% 22 2218330 53 581 902 1700 53.06% 371 371268332 97 1267 1993 3674 54.25% 903 903629333 254 2172 2812 3720 75.59% 1762 1762386334 5 859 1406 2928 48.02% 609 609542335 195 1745 2217 3153 70.31% 1387 1387277336 137 1484 2298 3956 58.09% 1212 1212677337 340 2689 3495 4744 73.67% 2318 2318466339 71 569 758 1072 70.71% 541 541118413 0 254 424 965 43.94% 168 168170414 41 401 719 1518 47.36% 246 246277415 17 676 1174 2330 50.39% 495 495481416 1 38 63 158 39.87% 29 2924417 23 448 692 948 73.00% 436 436221418 0 3 4 10 40.00% 3 31419 52 791 1111 1691 65.70% 686 686268

359



District Judge, 22nd Judicial District District Judge, 22nd


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Bru

ce B

oyer

420 24 354 470 719 65.37% 290 29092421 3 24 31 37 83.78% 20 204440 77 1022 1386 1897 73.06% 951 951287441 132 1678 2162 2938 73.59% 1481 1481352442 155 1392 1871 2520 74.25% 1113 1113324443 224 2821 3628 4600 78.87% 2478 2478583444 286 3173 4064 5507 73.80% 2702 2702605447 64 696 1263 2159 58.50% 742 742503449 151 1547 2046 2866 71.39% 1412 1412348Totals 4586 51104 17167 72857 116101 42078 42078

360



Sheriff Sheriff


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Rod

rigo

Am

aya

Tota

ls

RegisteredVoters

PercentTurnout

REP

Gar

y C

utle

r

110 74 635 928 1642 56.52% 447 441 888219111 9 119 184 320 57.50% 56 119 17556112 97 606 1074 2360 45.51% 309 711 1020371113 232 1441 2239 4240 52.81% 768 1344 2112566120 116 1479 2439 5479 44.52% 714 1587 2301844125 43 747 1217 2200 55.32% 528 650 1178427127 112 1813 2862 4885 58.59% 1362 1390 2752937129 81 1721 2579 4485 57.50% 1135 1335 2470777221 150 1938 2732 4011 68.11% 1461 1158 2619644223 67 799 1203 2309 52.10% 543 612 1155337224 201 3340 4347 5841 74.42% 2634 1557 4191806225 66 842 1052 1503 69.99% 679 341 1020144226 179 1332 1915 2700 70.93% 1157 701 1858404228 198 2719 3854 6185 62.31% 1747 1956 3703937229 29 507 837 2097 39.91% 296 505 801301230 91 654 940 1334 70.46% 582 324 906195232 96 986 1348 1894 71.17% 915 395 1310266234 23 246 512 1011 50.64% 220 271 491243236 24 553 699 814 85.87% 488 187 675122238 0 2 2 2 100.00% 2 0 20301 0 0 0 0 00.00% 0 0 00315 170 1344 1936 3094 62.57% 1287 572 1859422316 114 418 681 1297 52.51% 374 270 644149317 11 151 241 475 50.74% 72 156 22879318 1 28 47 113 41.59% 18 28 4618330 53 581 902 1700 53.06% 329 498 827268332 97 1267 1993 3674 54.25% 765 1099 1864629333 254 2172 2812 3720 75.59% 1818 896 2714386334 5 859 1406 2928 48.02% 433 894 1327542335 195 1745 2217 3153 70.31% 1448 689 2137277336 137 1484 2298 3956 58.09% 1094 1062 2156677337 340 2689 3495 4744 73.67% 2384 993 3377466339 71 569 758 1072 70.71% 566 172 738118413 0 254 424 965 43.94% 117 277 394170414 41 401 719 1518 47.36% 176 485 661277415 17 676 1174 2330 50.39% 344 759 1103481416 1 38 63 158 39.87% 26 35 6124417 23 448 692 948 73.00% 393 272 665221418 0 3 4 10 40.00% 3 1 41419 52 791 1111 1691 65.70% 633 438 1071268

361



Sheriff Sheriff


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Rod

rigo

Am

aya

Tota

ls

RegisteredVoters

PercentTurnout

REP

Gar

y C

utle

r

420 24 354 470 719 65.37% 272 181 45392421 3 24 31 37 83.78% 21 9 304440 77 1022 1386 1897 73.06% 947 401 1348287441 132 1678 2162 2938 73.59% 1491 613 2104352442 155 1392 1871 2520 74.25% 1098 722 1820324443 224 2821 3628 4600 78.87% 2444 1076 3520583444 286 3173 4064 5507 73.80% 2747 1202 3949605447 64 696 1263 2159 58.50% 672 532 1204503449 151 1547 2046 2866 71.39% 1497 489 1986348Totals 4586 51104 17167 72857 116101 39512 30405 69917

362



County Tax Assessor-Collector County Tax Assessor-Collector


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Luan

ne C

araw

ay

110 74 635 928 1642 56.52% 568 568219111 9 119 184 320 57.50% 86 8656112 97 606 1074 2360 45.51% 469 469371113 232 1441 2239 4240 52.81% 1090 1090566120 116 1479 2439 5479 44.52% 1019 1019844125 43 747 1217 2200 55.32% 667 667427127 112 1813 2862 4885 58.59% 1668 1668937129 81 1721 2579 4485 57.50% 1388 1388777221 150 1938 2732 4011 68.11% 1759 1759644223 67 799 1203 2309 52.10% 676 676337224 201 3340 4347 5841 74.42% 3008 3008806225 66 842 1052 1503 69.99% 770 770144226 179 1332 1915 2700 70.93% 1337 1337404228 198 2719 3854 6185 62.31% 2230 2230937229 29 507 837 2097 39.91% 399 399301230 91 654 940 1334 70.46% 683 683195232 96 986 1348 1894 71.17% 1009 1009266234 23 246 512 1011 50.64% 295 295243236 24 553 699 814 85.87% 515 515122238 0 2 2 2 100.00% 2 20301 0 0 0 0 00.00% 0 00315 170 1344 1936 3094 62.57% 1386 1386422316 114 418 681 1297 52.51% 419 419149317 11 151 241 475 50.74% 116 11679318 1 28 47 113 41.59% 24 2418330 53 581 902 1700 53.06% 433 433268332 97 1267 1993 3674 54.25% 980 980629333 254 2172 2812 3720 75.59% 1991 1991386334 5 859 1406 2928 48.02% 611 611542335 195 1745 2217 3153 70.31% 1579 1579277336 137 1484 2298 3956 58.09% 1308 1308677337 340 2689 3495 4744 73.67% 2568 2568466339 71 569 758 1072 70.71% 584 584118413 0 254 424 965 43.94% 165 165170414 41 401 719 1518 47.36% 258 258277415 17 676 1174 2330 50.39% 503 503481416 1 38 63 158 39.87% 31 3124417 23 448 692 948 73.00% 462 462221418 0 3 4 10 40.00% 3 31419 52 791 1111 1691 65.70% 756 756268

363



County Tax Assessor-Collector County Tax Assessor-Collector


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Luan

ne C

araw

ay

420 24 354 470 719 65.37% 314 31492421 3 24 31 37 83.78% 24 244440 77 1022 1386 1897 73.06% 1053 1053287441 132 1678 2162 2938 73.59% 1620 1620352442 155 1392 1871 2520 74.25% 1258 1258324443 224 2821 3628 4600 78.87% 2648 2648583444 286 3173 4064 5507 73.80% 3014 3014605447 64 696 1263 2159 58.50% 774 774503449 151 1547 2046 2866 71.39% 1564 1564348Totals 4586 51104 17167 72857 116101 46084 46084

364



County Commissioner, Pct. 1 Commissioner, Pct. 1


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

DEM

Deb

bie

Gon

zale

s In

gals

be

110 74 635 928 1642 56.52% 573 573219111 9 119 184 320 57.50% 140 14056112 97 606 1074 2360 45.51% 773 773371113 232 1441 2239 4240 52.81% 1580 1580566120 116 1479 2439 5479 44.52% 1761 1761844125 43 747 1217 2200 55.32% 769 769427127 112 1813 2862 4885 58.59% 1667 1667937129 81 1721 2579 4485 57.50% 1629 1629777Totals 764 8561 4197 13522 25611 8892 8892

365



County Commissioner, Pct. 3 Commissioner, Pct. 3


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Will

Con

ley

301 0 0 0 0 00.00% 0 00315 170 1344 1936 3094 62.57% 1355 1355422316 114 418 681 1297 52.51% 394 394149317 11 151 241 475 50.74% 101 10179318 1 28 47 113 41.59% 22 2218330 53 581 902 1700 53.06% 402 402268332 97 1267 1993 3674 54.25% 929 929629333 254 2172 2812 3720 75.59% 1959 1959386334 5 859 1406 2928 48.02% 615 615542335 195 1745 2217 3153 70.31% 1551 1551277336 137 1484 2298 3956 58.09% 1266 1266677337 340 2689 3495 4744 73.67% 2545 2545466339 71 569 758 1072 70.71% 571 571118Totals 1448 13307 4031 18786 29926 11710 11710

366



Justice of the Peace, Pct. 1, Place 1 JP, Pct. 1, Place 1


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

JoA

nne

Prad

o

Tota

ls

RegisteredVoters

PercentTurnout

REP

Sylv

ia D

eleo

n M

uzzy

110 74 635 928 1642 56.52% 459 430 889219111 9 119 184 320 57.50% 53 121 17456112 97 606 1074 2360 45.51% 342 690 1032371113 232 1441 2239 4240 52.81% 792 1328 2120566120 116 1479 2439 5479 44.52% 724 1574 2298844301 0 0 0 0 00.00% 0 0 00315 170 1344 1936 3094 62.57% 1225 629 1854422316 114 418 681 1297 52.51% 343 298 641149317 11 151 241 475 50.74% 78 150 22879318 1 28 47 113 41.59% 18 25 4318330 53 581 902 1700 53.06% 322 517 839268332 97 1267 1993 3674 54.25% 733 1134 1867629334 5 859 1406 2928 48.02% 455 862 1317542336 137 1484 2298 3956 58.09% 1056 1086 2142677413 0 254 424 965 43.94% 115 277 392170414 41 401 719 1518 47.36% 181 486 667277415 17 676 1174 2330 50.39% 356 750 1106481447 64 696 1263 2159 58.50% 657 537 1194503Totals 1238 12439 6271 19948 38250 7909 10894 18803

367



Justice of the Peace, Pct. 1, Place 2, unexpired term JP, Pct. 1, Place 2, unexp


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

DEM

Mag

gie

Her

nand

ezM

oren

o

110 74 635 928 1642 56.52% 548 548219111 9 119 184 320 57.50% 136 13656112 97 606 1074 2360 45.51% 764 764371113 232 1441 2239 4240 52.81% 1573 1573566120 116 1479 2439 5479 44.52% 1747 1747844301 0 0 0 0 00.00% 0 00315 170 1344 1936 3094 62.57% 986 986422316 114 418 681 1297 52.51% 360 360149317 11 151 241 475 50.74% 169 16979318 1 28 47 113 41.59% 31 3118330 53 581 902 1700 53.06% 621 621268332 97 1267 1993 3674 54.25% 1294 1294629334 5 859 1406 2928 48.02% 977 977542336 137 1484 2298 3956 58.09% 1357 1357677413 0 254 424 965 43.94% 303 303170414 41 401 719 1518 47.36% 515 515277415 17 676 1174 2330 50.39% 835 835481447 64 696 1263 2159 58.50% 668 668503Totals 1238 12439 6271 19948 38250 12884 12884

368



Constable, Precinct No. 1 Constable No. 1


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Dav

id L

. Pe

ters

on

Tota

ls

RegisteredVoters

PercentTurnout

REP

Saul

Med

rano

110 74 635 928 1642 56.52% 387 495 882219111 9 119 184 320 57.50% 45 128 17356112 97 606 1074 2360 45.51% 288 721 1009371113 232 1441 2239 4240 52.81% 682 1412 2094566120 116 1479 2439 5479 44.52% 663 1608 2271844301 0 0 0 0 00.00% 0 0 00315 170 1344 1936 3094 62.57% 928 909 1837422316 114 418 681 1297 52.51% 290 344 634149317 11 151 241 475 50.74% 70 152 22279318 1 28 47 113 41.59% 12 30 4218330 53 581 902 1700 53.06% 231 592 823268332 97 1267 1993 3674 54.25% 616 1227 1843629334 5 859 1406 2928 48.02% 435 880 1315542336 137 1484 2298 3956 58.09% 909 1216 2125677413 0 254 424 965 43.94% 120 268 388170414 41 401 719 1518 47.36% 170 482 652277415 17 676 1174 2330 50.39% 324 771 1095481447 64 696 1263 2159 58.50% 579 616 1195503Totals 1238 12439 6271 19948 38250 6749 11851 18600

369





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

DEM

Mic

hael

Tor

res

Tota

ls

RegisteredVoters

PercentTurnout

REP

Jam

es H

. Koh

ler

125 43 747 1217 2200 55.32% 510 656 1166427127 112 1813 2862 4885 58.59% 1299 1423 2722937129 81 1721 2579 4485 57.50% 1059 1391 2450777221 150 1938 2732 4011 68.11% 1380 1215 2595644223 67 799 1203 2309 52.10% 549 596 1145337225 66 842 1052 1503 69.99% 665 357 1022144229 29 507 837 2097 39.91% 295 504 799301416 1 38 63 158 39.87% 28 33 6124417 23 448 692 948 73.00% 372 288 660221418 0 3 4 10 40.00% 3 1 41419 52 791 1111 1691 65.70% 583 485 1068268420 24 354 470 719 65.37% 274 178 45292Totals 648 10001 4173 14822 25016 7017 7127 14144

370





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Ray

Hel

m

333 254 2172 2812 3720 75.59% 1879 1879386335 195 1745 2217 3153 70.31% 1481 1481277337 340 2689 3495 4744 73.67% 2497 2497466339 71 569 758 1072 70.71% 565 565118421 3 24 31 37 83.78% 20 204Totals 863 7199 1251 9313 12726 6442 6442

371





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

Ron

E. H

ood

236 24 553 699 814 85.87% 510 510122238 0 2 2 2 100.00% 2 20440 77 1022 1386 1897 73.06% 1056 1056287441 132 1678 2162 2938 73.59% 1603 1603352442 155 1392 1871 2520 74.25% 1166 1166324443 224 2821 3628 4600 78.87% 2625 2625583444 286 3173 4064 5507 73.80% 2951 2951605449 151 1547 2046 2866 71.39% 1531 1531348Totals 1049 12188 2621 15858 21144 11444 11444

372





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

Tota

ls

RegisteredVoters

PercentTurnout

REP

John

Elle

n

224 201 3340 4347 5841 74.42% 2849 2849806226 179 1332 1915 2700 70.93% 1209 1209404228 198 2719 3854 6185 62.31% 2074 2074937230 91 654 940 1334 70.46% 613 613195232 96 986 1348 1894 71.17% 950 950266234 23 246 512 1011 50.64% 279 279243Totals 788 9277 2851 12916 18965 7974 7974

373



Proposition 1 Hays Proposition 1


Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

AG

AIN

ST

Tota

ls

RegisteredVoters

PercentTurnout

FOR

110 74 635 928 1642 56.52% 444 308 752219111 9 119 184 320 57.50% 80 77 15756112 97 606 1074 2360 45.51% 443 417 860371113 232 1441 2239 4240 52.81% 1108 702 1810566120 116 1479 2439 5479 44.52% 1235 801 2036844125 43 747 1217 2200 55.32% 519 536 1055427127 112 1813 2862 4885 58.59% 1193 1262 2455937129 81 1721 2579 4485 57.50% 1214 1032 2246777221 150 1938 2732 4011 68.11% 1246 1140 2386644223 67 799 1203 2309 52.10% 504 504 1008337224 201 3340 4347 5841 74.42% 1892 1954 3846806225 66 842 1052 1503 69.99% 414 536 950144226 179 1332 1915 2700 70.93% 924 774 1698404228 198 2719 3854 6185 62.31% 1626 1627 3253937229 29 507 837 2097 39.91% 352 333 685301230 91 654 940 1334 70.46% 374 466 840195232 96 986 1348 1894 71.17% 536 691 1227266234 23 246 512 1011 50.64% 210 210 420243236 24 553 699 814 85.87% 257 374 631122238 0 2 2 2 100.00% 0 2 20301 0 0 0 0 00.00% 0 0 00315 170 1344 1936 3094 62.57% 985 719 1704422316 114 418 681 1297 52.51% 321 234 555149317 11 151 241 475 50.74% 103 96 19979318 1 28 47 113 41.59% 16 30 4618330 53 581 902 1700 53.06% 438 355 793268332 97 1267 1993 3674 54.25% 959 778 1737629333 254 2172 2812 3720 75.59% 1175 1306 2481386334 5 859 1406 2928 48.02% 814 346 1160542335 195 1745 2217 3153 70.31% 955 914 1869277336 137 1484 2298 3956 58.09% 1135 883 2018677337 340 2689 3495 4744 73.67% 1629 1380 3009466339 71 569 758 1072 70.71% 366 275 641118413 0 254 424 965 43.94% 249 111 360170414 41 401 719 1518 47.36% 365 208 573277415 17 676 1174 2330 50.39% 623 374 997481416 1 38 63 158 39.87% 26 26 5224417 23 448 692 948 73.00% 329 292 621221418 0 3 4 10 40.00% 0 3 31419 52 791 1111 1691 65.70% 395 580 975268

374





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

AG

AIN

ST

Tota

ls

RegisteredVoters

PercentTurnout

FOR

420 24 354 470 719 65.37% 184 223 40792421 3 24 31 37 83.78% 18 10 284440 77 1022 1386 1897 73.06% 509 728 1237287441 132 1678 2162 2938 73.59% 828 1096 1924352442 155 1392 1871 2520 74.25% 852 782 1634324443 224 2821 3628 4600 78.87% 1466 1813 3279583444 286 3173 4064 5507 73.80% 1692 1963 3655605447 64 696 1263 2159 58.50% 589 523 1112503449 151 1547 2046 2866 71.39% 740 1078 1818348Totals 4586 51104 17167 72857 116101 32332 30872 63204

375





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

AG

AIN

ST

Tota

ls

RegisteredVoters

PercentTurnout

FOR

110 74 635 928 1642 56.52% 488 261 749219111 9 119 184 320 57.50% 109 49 15856112 97 606 1074 2360 45.51% 572 301 873371113 232 1441 2239 4240 52.81% 1329 497 1826566120 116 1479 2439 5479 44.52% 1511 535 2046844125 43 747 1217 2200 55.32% 667 391 1058427127 112 1813 2862 4885 58.59% 1415 1028 2443937129 81 1721 2579 4485 57.50% 1425 795 2220777221 150 1938 2732 4011 68.11% 1412 989 2401644223 67 799 1203 2309 52.10% 603 412 1015337224 201 3340 4347 5841 74.42% 2219 1646 3865806225 66 842 1052 1503 69.99% 475 480 955144226 179 1332 1915 2700 70.93% 1041 668 1709404228 198 2719 3854 6185 62.31% 2012 1260 3272937229 29 507 837 2097 39.91% 410 278 688301230 91 654 940 1334 70.46% 419 422 841195232 96 986 1348 1894 71.17% 602 628 1230266234 23 246 512 1011 50.64% 267 152 419243236 24 553 699 814 85.87% 295 335 630122238 0 2 2 2 100.00% 1 1 20301 0 0 0 0 00.00% 0 0 00315 170 1344 1936 3094 62.57% 1069 616 1685422316 114 418 681 1297 52.51% 396 171 567149317 11 151 241 475 50.74% 129 67 19679318 1 28 47 113 41.59% 26 20 4618330 53 581 902 1700 53.06% 573 227 800268332 97 1267 1993 3674 54.25% 1253 501 1754629333 254 2172 2812 3720 75.59% 1243 1243 2486386334 5 859 1406 2928 48.02% 935 212 1147542335 195 1745 2217 3153 70.31% 1068 814 1882277336 137 1484 2298 3956 58.09% 1404 600 2004677337 340 2689 3495 4744 73.67% 1744 1293 3037466339 71 569 758 1072 70.71% 406 241 647118413 0 254 424 965 43.94% 284 72 356170414 41 401 719 1518 47.36% 461 128 589277415 17 676 1174 2330 50.39% 777 222 999481416 1 38 63 158 39.87% 29 24 5324417 23 448 692 948 73.00% 377 246 623221418 0 3 4 10 40.00% 2 1 31419 52 791 1111 1691 65.70% 481 505 986268

376





Cast

EarlyBallots

Cast

ElectionBallots

Cast

TotalBallots

Cast

AG

AIN

ST

Tota

ls

RegisteredVoters

PercentTurnout

FOR

420 24 354 470 719 65.37% 183 229 41292421 3 24 31 37 83.78% 18 12 304440 77 1022 1386 1897 73.06% 581 660 1241287441 132 1678 2162 2938 73.59% 927 1007 1934352442 155 1392 1871 2520 74.25% 942 710 1652324443 224 2821 3628 4600 78.87% 1641 1651 3292583444 286 3173 4064 5507 73.80% 1917 1745 3662605447 64 696 1263 2159 58.50% 748 356 1104503449 151 1547 2046 2866 71.39% 835 1003 1838348Totals 4586 51104 17167 72857 116101 37721 25704 63425

377




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct. 1. Possible action to follow in open court.


EXECUTIVE SESSION July 11, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Kennedy INGALSBE N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSummary to be provided in Executive Session.

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