Ashley Kontnier
KYLE — The city of Kyle was issued a preservation notice by the Hays County District Attorney’s Office Thursday, Jan. 15, due to concerns about agreements and financial deals facilitated under the leadership of the former mayor.
According to email correspondence from First Assistant District Attorney Gregg Cox, Kyle City Council, along with any employees that may have involvement in matters regarding American Structurepoint, Inc. (ASI), must preserve any and all records and communication regarding the company and its affiliates.
“The relationship between the City of Kyle and American Structurepoint, Inc. has been brought to the attention of the Hays County District Attorney’s Office,” Cox stated.
The ADA detailed the resignation of former mayor, Travis Mitchell, who vacated his position one year prior to the end of his term to take a job in the private sector.
“Before his departure, matters were approved by the Kyle City Council in favor of American Structurepoint, Inc,” he continued.
According to meeting documents, council awarded ASI a contract in the amount of $954,259 for preliminary engineering and development of a 30% schematic design for the roundabouts at the intersections Kohlers Crossing and Marketplace Avenue and at Kohlers Crossing and Kyle Crossing Sept. 16, 2025.
On Oct. 2, the city held a special meeting for an ASI presentation. Although Mitchell was not present for the meeting, he did not formally recuse himself from matters pertaining to ASI, claimed a press release from San Marcos attorney Chevo Pastrano.
Weeks later, on Oct. 21, another matter relating to ASI was on the council agenda. Mitchell was also absent for this meeting.
According to the press release, Mayor-elect Yvonne Flores-Cale met with Mitchell Dec. 22, at which time he “disclosed to her that he had accepted employment with American Structurepoint, Inc. He also asked her not to stop the planned roundabouts from progressing.”
“The former mayor is now employed by American Structurepoint, Inc. and this raises valid concerns about some of the financial deals that may warrant a closer review,” stated Cox.
The press release further stated that on Jan. 13, Flores-Cale was presented with plats that were approved Oct. 21 for her signature.
“Upon my advice, she has declined to ratify actions taken before her taking office,” Pastrano concluded.
The formal request from Cox outlined the correspondence that must be preserved and saved from spoliation, including city and personal emails, as well as text messages on city-issued or personal cell phones used to conduct city business, written documents and works product of ASI, all of which “may constitute evidence in an investigation.”
The email explained that failure to comply could result in felony charges, including tampering with physical evidence or tampering with governmental records.
