Court tables San Marcos‑Hays EMS asset distribution; ESD 9 seeks larger share

Hays County commissioners on June 23 heard updates on the planned dissolution of San Marcos‑Hays County EMS, which the city and county created in the 1980s and which now intends to cease operations effective Sept. 30. County counsel and budget staff described prior county contributions (including ARPA grants), and San Marcos officials and the EMS board reported an inventory and pending decisions on how to wind up the nonprofit’s affairs.

ESD 9 Commissioner Erin Abel and ESD 9 vice president Carla Sisk told the court ESD 9 expects an equitable distribution, saying ESD 9 and local ESDs contributed the majority of operating dollars in recent years and were concerned that a strict application of the bylaws’ 50/50 language could leave districts under‑compensated. “We provided more than 50% of their budget dollars for years…we need a more equitable split,” ESD 9 said.

San Marcos‑Hays EMS board members and the city’s fire chief, who serves as board president, cautioned that liabilities and wind‑up costs (union bargaining, payroll, leases) must be subtracted from any gross asset figure before any distribution. County budget staff reported county operational contributions since 1994 of roughly $5.39 million (not including ARPA grants), and also noted ARPA equipment grants totaling several hundred thousand dollars.

The court declined to act and directed San Marcos‑Hays EMS to provide the interlocal agreement, bylaws, and an itemized asset list for review. Commissioners asked staff to compute historical county contributions and liabilities and to return within two weeks. The court emphasized equitable treatment of taxpayers and cautioned that assets titled to the nonprofit are distinct from county or city property, and outstanding liabilities must be satisfied during wind‑up.