AGENDA CAPTION:
Title
Consider approval of Resolution 2026-137R, approving an Interlocal Agreement with Hays County authorizing the County to inspect food service establishments and other food related vendors located on county property that are within the corporate limits of the City of San Marcos; authorizing the City Manager, or her designee, to execute the agreement on behalf of the city; and declaring an effective date.
Body
Meeting date: August 18, 2026
Department: Neighborhood Enhancement
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Background Information:
The proposed interlocal agreement was requested by Hays County to allow them to inspect and permit food establishments located on County owned property within the city limits of San Marcos. The County identified Texas Health and Safety Code Section 437.003 which does not allow the County to require food establishments to seek a permit from the County if the vendor is located within the corporate limits of the City even when the vendor is operating on County owned property. Without the proposed ILA, the City would be responsible for inspecting all food establishments located within the City including food services at the Hays County Jail, for example, and any vendors during the farmers market located on County courthouse grounds. This agreement will require the County to take on the burden of inspecting all food establishments that they arrange for or allow on their property, just like they already do for any food establishments in the unincorporated areas of the County. This will save considerable staff time for the City of San Marcos. The agreement is revocable upon 30 days’ notice and will be up for renewal at the end of FY27.
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Recommendation:
Staff recommends approval of the Resolution.