i  Farmersville DISCOVER A TEXAS TREASURE FARMERSVILLE CITY COUNCIL REGULAR SESSION AGENDA May 8, 2018 6:00 P.M. Council Chambers, City Hall 205S S. Main Street  PRELIMINARY MATTERS Announcements  Call to Order, Roll Call, Prayer and Pledge of Allegiance Calendar of upcoming holidays and meetings  Upcoming meetings are subject to change dates or locations due to early voting for the upcoming elections. Please refer to the calendars in the City Council Agenda Packet or the City's website for those changes.  II.  PUBLIC COMMENT  Anyone wanting to speak is asked to speak at this time, with an individual time limit of three (3) minute. This forum is limited to a total of thirty (30) minutes. Ifa speaker inquiries about an item, the City Council or City Staff may only respond with: (1) a statement of specific factual information; (2) a recitation of existing policy; or (3) a proposal that the item be placed on the agenda of a future  meeting.  III. CONSENT AGENDA  Items in the Consent Agenda consist of non-controversial or housekeeping" items required by law. Council members may request prior to a motion and vote on the Consent Agenda that one or more Items be withdrawn from the Consent Agenda and considered individually. Following approval of the Consent Agenda, excepting the items requested to be removed, the City Council will consider and  act on each item sO withdrawn individually. A. City Council Minutes from 4-3-2018 B. Police Department Report C. Code Enforcement/Animal Control Report D. Fire Department Report    E. Municipal Court Report F. Warrant Officer Report G. Public Works Report H. Library Report I. City Manager's Report IV. INFORMATIONAL ITEMS  These Informational Items are intended solely to keep the City Council appraised of the actions and efforts of the various boards and commissions serving the City of Farmersville. Council members may deliberate and/or request further information or clarifiçation regarding any one or more of the items contained in this provision. City Council approval of, or action on, these items is not required  or requested.  A. FEDC (4A) Meeting Minutes B. FCDC (4B) Meeting Minutes C. Main Street Board Minutes D. Main Street Report READING OF ORDINANCES  V.  A. Consider, discuss and act upon the first and only reading of Ordinance #O- 2018-0508-001 regarding the adoption of the proposed complete rewrite and revision of the City of Farmersville's Comprehensive Zoning Ordinance. B. Consider, discuss and act upon the first and only reading of Ordinance #O- 2018-0508-002 regarding the adoption of the proposed complete rewrite and revision of the City of Farmersville's Subdivision Ordinance. C. Consider, discuss, and act upon Ordinance #0-2018-0508-003 Rory & Linda Brannum's petition requesting inclusion of land into the City of Farmersville's  Extra Territorial Jurisdiction (ETJ).  VI. REGULAR AGENDA  A. Presentation from TxDOT regarding U.S. Highway 380. B. Consider, discuss, and act upon Kimley-Horn's recommendation for contractor regarding the' Wastewater Treatment Plant 1 Rehabilitation. C. Consider, discuss, and act upon the Human Capital Management - Saas D. Consider, discuss, and act upon appointment of a new member to the North E. Presentation from Police Chief Mike Sullivan regarding police officer salaries.  License Agreement for the Police Department.  Texas Municipal Water Board. F. Update on Camden Park.    G. City Secretary Presentation regarding the utilization of technology for agenda  packets.  VII. EXECUTIVE SESSION  Discussion of Matters Permitted by Texas Government Code Section 551.071, 1. Discussion of matters protected by the attorney-client privilege:  CONSULTATION WITH ATTORNEY:  a)  Discussion of laws applicable to platting and cemeteries.  VIII. RECONVENE FROM EXECUTIVE SESSION AND DISCUSS/CONSIDER/ACT ON MATTERS DISCUSSED IN EXECUTIVE SESSION PERMITTED! BY SECTION 551.071 OF THE TEXAS GOVERNMENT CODE. IX. REQUESTS TO BE PLACED ON FUTURE AGENDAS  X. ADJOURNMENT  Dated this the 4TH day of May, 2018.  f. dER Diane C. Piwko, Mayor  The City Council reserves the right to adjourn into Executive Session at any time during the course oft this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code, including, but not limited! to, Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.175-183 (Deliberations about Homeland: Security Issues) anda as authorized by the Texas Tax Code, including, but not limiled to, Section Persons with disabilities who plan to attend this meeting andi who may need assistance should contact the City Secretary at 972- 782-6151 or Fax 972-782-6604. atl least two (2) working days priort tot the meeting sot that appropriate arrangements can be made. I,t the undersigned authority, do hereby certify that this Notice of Meeting was posted in the regular posting place of the City Hall building for Farmersville, Texas, in a place and manner convenient and readily accessible to the general public at all times, and said Notice was posted May 4, 2018 by 6:30 P.M. and remained sO posted continuously at  321.3022 (Sales Tax Information).  Handicap Parking is available in the front andi rear parking lot of the building.  least 72 hours proceeding the scheduled time of said meeting.  FARME  Sandra  Ce  Green, City Secretary  8VX35    . Preliminary Matters    MAY 2018 TUESDAY WEDNESDAY THURSDAY  SUNDAY  MONDAY  FRIDAY SATURDAY 4 Election Day Cinco del Mayo Celebration 11:00 am FFAI Banquet Farmers &F Fleas 9.00 am 11  1  2  3  5  City Amenities Board Meeting 4:15 pm  Early' Voting- General Elections 7:00 am -7:00 pm  6 Main Street  7 City Council  8  9  10  12  Meeting 4:45 pm Meeting 6:00 pm  FCDC (4B) Meeting 5:45 pm  13  14  15  16  17  18  19  Early Voting for Early Voting for Early Voting for Early' Voting for Early Voting for Fire Department Republican Primary Republican Primary Republican Primary Republican Primary Republican Primary Runoff Election 7a am Runoff Election 7 am Runoff Election 7a am Runoff Election 7 am Runoff Election7am  Democratic & 7p pm  Democratic & 7p pm  Democratic & 7p pm  Democratic & 7pm  Democratic & 7p pm FEDC (4A) Meeting 6:30 pm (@ Best Center) 24  Fish Fry  20 pm  21  22  23  25  26  P&ZI Meeting 6:30 City Council  Meeting 6:00 pm  FHS Graduation  Farmersville School Board Meeitng @ 7:00 pm 27 City Offices Closed- Memorial Day  28  29  30  31  Municipal Court 9:00 am    JUNE 2018  SUNDAY  MONDAY  TUESDAY WEDNESDAY THURSDAY  FRIDAY SATURDAY 1 thel Park 9:00 am Yard ofYard Sales! 9:00 am Summer Car Show & Music Fest 9:00 am 8  2  Summer Musicin Farmers & Fleas  3  4  5  6  7  9  Reading Club City Amenities Sign-Ups @ Library 2:00 pm 4:15 pm  Board Meeting  10  11  12  13  14  15  16  Main Street  City Council  Summer Reading 2:00 Pm  Meeting 4:45 pm Meeting 6:00 pm Club @ Library  FCDC( (4B) Meeting 5:45 pm  17 pm  18  19  20  21  22  23  P&ZI Meeting 6:30 Municipal Court Summer Reading FEDC(4A)  Audie Murphy Day & Parade  9:00 am  Club @ Library Meeting 6:30 pm  2:00 Pm  24  25  26  27  28  29  30  Farmersville Meeitng @ 7:00 pm  City Council  Summer Reading Building & 2:00 Pm  School Board Meeting 6:00 pm Club @ Library Property  Standars Meeting 6:00pm    JULY 2018  SUNDAY  MONDAY  TUESDAY WEDNESDAY THURSDAY  FRIDAY SATURDAY 6 9:00 am  1  2  3  4  5  7  City Office Closed City Amenities Summer Music in Farmers & Fleas  Holiday  Board Meeting the Park 4:15, pm  Sparks of Freedom 10  8 Main Street Meeting 4:45 pm am FCDC (4B) Meeting 5:45 pm City Council  9  11  12  13  14  Municipal Court 9:00 Summer Reading Medieval Times 2:00 Pm Special Program @ Library 1:00 pm Meeting 6:00 pm  Club @ Library  15 P&Z Meeting 6:30 pm  16  17  18  19  20  21  Summer Reading FEDC (4A) Club @ Library Meeting 6:30 pm 2:00 Pm  22  23  24  25  26  27  28  Farmersville School Board 9:00 am Meeitng @ 7:00 pm  Municipal Court Summer Reading Building & Property  Club @ Library Standards Meeting  2:00 Pm  6:00pm  City Counci! Meeting 6:00 pm  29  30  31    AUGUST 2018 TUESDAY WEDNESDAY THURSDAY  SUNDAY  MONDAY  FRIDAY SATURDAY 3 9:00am  1  2  4  Summer Reading City Amenities Summer Music in Farmers & Fleas  Club @ Library Board Meeting the Park  2:00 Pm  4:15 pm  5  6 9:00 am  7  8  9  10  11  Municipal Court Summer Reading  Club @ Library 2:00 Pm  12  13  14  15  16  17  18  Main Street  City Council  Summer Reading 1st Day of School  Meeting 4:45 pm Meeting 6:00 pm Club @ Library for FISD  2:00 Pm  FCDC (4B) Meeting 5:45 pm  FEDC (4A) Meeting 6:30 pm  19 pm  20  21  22  23  24  25  P&Z Meeting 6:30 Municipal Court  Building & Property Standards Meeting 6:00pm  9:00 am  Bug Tussle Car Trek 9:00 am  26  27  28  29  30  31  Farmersville School Board Meeitng @ 7:00 pm    II. Public Comment    Agenda Section Public Comment Section Number II Subject To From Date Attachment(s)  Public Comment Mayor and Council Members Ben White, City Manager May 8, 2018 None  Related Link(s) ntip/www.farmersvlelxcomlovernentlagendas and minutes/cit and Discussion individual time limit of three (3) minute. This forum is limited to a total  y council meetings.php  Consideration  Anyone wanting to speak is asked to speak at this time, with an of thirty (30) minutes. If a speaker inquiries about an item, the City Council or City Staff may only respond with: (1) a statement of specific factual information; (2) a recitation of existing policy; or (3)a proposal that the item be placed on the agenda of a future meeting.  Action  NA    III. Consent Agenda    Agenda Section Consent Agenda Section Number IIL.A Subject To From Date Attachment(s)  City Council Minutes from 4-3-2018 Mayor and Council Members Ben White, City Manager May 8, 2018  Farmersville City Council Meeting Minutes  Related Link(s) tpnamervlekcansikomsovempenlasendis and minutes/cit  ycouncil meetings.php City Council discussion as required. Motion/second/vote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Consideration and Discussion Action  Motion/second/vote to continue to a later date.    Farmersville DISCOVER A TEXAS TREASURE FARMERSVILLE CITY COUNCIL REGULAR SESSION MINUTES April 3, 2018, 6:00 P.M.  For  .  PRELIMINARY MATTERS  Mayor Piwko called the meeting to order at 6:00 p.m. Council members Craig Overstreet, Donny Mason, Mike Hurst, Todd Rolen and Michael Hesse were all present. City staff members Ben White, Sandra Green, Paula Jackson, Daphne Hamlin, Rick Ranspot, Mike Sullivan and City Attorney Alan Lathrom were also Prayer was led by Rick Ranspot, Warrant Officer for the City of Farmersville followed by the pledges to the United States flag and the Texas flag.  present.  Calendar of upcoming holidays and meetings was presented in the agenda The Texas Department of Transportation will hold public hearings for the Proposed Improvements to U.S. 380 from Denton County Line to Hunt County Line on Thursday, April 26, 2018; Tuesday, May 1, 2018; and Thursday, May 3, 2018. For specific times and locations please see the notice Ben White read the nomination and award that Chief Mike Sullivan received from the Texas Police Chief's Association and compliments his  packet.  posted in this agenda or on the City Hall window.  accomplishments.  Mayor Piwko also asked for a moment of silence for Bill Norwich who passed away and was a prominent member of the community. She indicated the  Council's extended condolences to his family.  II.  PUBLIC COMMENT  City Council Meeting Minutes for 4-3-2018  1    John Hart who resides at 18601 CR 646 asked about the status of the cemetery Mayor Piwko stated there has been no response from the IACC since the last John Hart also stated that on Old Josephine Road just north of the horse paddock there are pot holes in the road that are very big.  plat. update given.  Randy Smith who resides at 508 CR 610 addressed Council and brought up the floodplain areas on the Comprehensive Plan Workbook that had been approved by Council at a previous meeting. He read the definition of the open space in the Zoning Ordinance and explained he does noti feel there should be a restriction placed on the use in the floodplain. He stated he understood not having a home built in thet floodplain, but there is also concerns of wild animals becoming a problem. He also explained temporary uses were excluded for agriculture uses Mayor Piwko wanted to discuss Regular Agenda items A. regarding the J.W. Spain contract up in the agenda due to the Marvin Smith having another Marvin Smith who represents the Little League stated the insurance had been hard to obtain, but since. he has all the requirements now it will be easier to get Ben' White indicated all insurance and documents had been reviewed and they  and he felt concerned about the issue.  commitment. every year.  meet the City's requirements in the contract.  Motion to approve contract made by Todd Rolen 2nd to approve was Donny Mason All council members voted in favor  III. CONSENT AGENDA  Items in the Consent Agenda consist of non-controversial or housekeeping" items required by law. Council members may request prior to a motion and vote on the Consent Agenda that one or more Items be withdrawn from the Consent Agenda and considered individually. Following approval of the Consent Agenda, excepting the items requested to be removed, the City Council will consider and act on each  item SO withdrawn individually. A. City Council Minutes B. City Financial Report  Mayor Piwko pulled the City Financial Report for discussion.  City Council Meeting Minutes for 4-3-2018  2    Motion to approve City Council Minutes made by Craig Overstreet  2nd to approve was Mike Hurst All council members voted in favor  Mayor Piwko addressed the City Financial Report. She asked Daphne Hamlin if the budget was where it needed to be in order to fund the vehicle right now. She also asked if the electric enterprise fund will outperform last Ben' White stated the year is predicted to be a hotter summer, and we Mayor Piwko stated on the front page of the memo she asked for a correction to show that we are in the 5/12 of budget year.  year's amount.  usually play catch up during summer.  Motion to approve City Financial Report made by Mike Hurst  2nd to approve was Todd Rolen All council members voted in favor  C. City Manager's Verbal Report  Update on Historic Preservation Ordinance  Ben White stated Reagan Rothenberger is going to be presenting the preliminary review to the Planning & Zoning Mayor Piwko wanted to request that Planning & Zoning have at least a month to reviewit. Then, a public hearing can be held to Ben White stated they are in the middle of the paving the streets. Almost all of the public improvements and the FONZI is complete. He also brought up the property at the entrance of Camden Park. Barry Bonds indicated it is tied up in a bond package. They have to separate it out and hope it can be available in May all inclusive right-of-way easement to the City. Itwould be very expensive for Camden Park to get that pulled out without it going through the bond process. Their fallback position is that they will make an all-inclusive right-of-way easement to the City and then they will come back in May to finalize everything regarding the property. Camden Park will have to submit a Final Plat to the City for review and filing with the county. The problem is Texas-New Mexico cannot process everything as quickly as it is needed. He wanted to bring up Regular Agenda Item 6, D regarding the right-of-way and asked  Commission on. April 16th.  allow citizens to express their views. Update on Camden Park wastewater  City Council Meeting Minutes for 4-3-2018  3    ifhe could receive direction from Council. He wanted to see if they would allow the Finlal Plat to go through with the easement shown, with all the wording being legal, and then allow Texas- New Mexico to come back in a month or so to give the City the final form. He indicated it may not be an issue if rain slows Donny Mason asked how long the Final Plat process would Ben' White stated all the public improvements have to be completed and approved before the Final Plat could be filed. Sandra Green explained once the Final Plat was submitted to the City it would need to go before the Planning & Zoning Commission and the City Council for approval. Ben' White indicated they might be a little behind the schedule Mayor Pike stated she would remove Regular Agenda item D. Ben White explained there was a request to develop a piece of land for an RV park, bed and breakfast, store, vending machines, bicycle rentals, and an equestrian center. They held ap pre-development meeting a few weeks ago and they have expressed a desire to have access to the trail. They have also discussed annexing into the City. He stated he has received concerns from home owners in the area about the development because of all the activity that it would generate. Mike Hurst asked about the layout of the facility. Ben' White explained the largest areas are the RVI Park and a Mayor Pike stated they have also discussed two or three bungalows and a permanent house for the onsite manager. Ben White indicated the property is in the county and the City does not have to grant access to the trail. The City Amenities Board has brought this topic up and are discussing if it is good  down the construction.  take.  they wanted. from the. agenda.  Update regarding the RVI Park along the Chaparral Trail  tent area.  for the City to allow access to the trail.  IV. INFORMATIONAL ITEMS  These Informational Items are intended solely to keep the City Council appraised of the actions and efforts of the various boards and commissions serving the City of  City Council Meeting Minutes for 4-3-2018  4    Farmersville. Council members may deliberate and/or request further information or clarification regarding any one or more of the items contained in this provision. City Council approval of, or action on, these items is not required or requested.  A. Texoma Housing Authority Documents  V. READING OF ORDINANCES  A. Consider, discuss and act upon the second reading of Ordinance #O-2018- 0313-002 approving a tariff authorizing an annual rate review mechanism as a substitution for the annual interim rate adjustment process defined by Section 104.301 of the Texas Utilities Code, and as negotiated between Atmos Energy Corp., Mid-Tex Division and the Steering Committee of Cities served by Atoms; requiring the company to reimburse cities' reasonable ratemaking expenses.  Motion to approve made by Donny Mason 2nd to approve was Craig Overstreet All council members voted ini favor  B. Consider, discuss and act upon the first and only reading of Ordinance #O- 2018-0403-001 regarding a proposed amendment to the Budget to allocate funds for the grant match for contract #7217129 for certain drainage issues around and about the location occupied by the Candy Kitchen and to transfer certain monies from the general fund reserves to the general fund operating account to facilitate the grant  match.  AN ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR 2017 - 2018 IN ACCORDANCE WITH EXISTING STATUTORY REQUIREMENTS, APPROPRIATING THE VARIOUS AMOUNTS HEREIN; REPEALING ALL: PRIOR ORDINANCES AND ACTIONS IN CONFLICT HEREWITH; AND This Ordinance shall take effect immediately upon its adoption and publication in Mayor Piwko and Mike Hurst recused themselves due to a conflict of interest Ben White explained this item is for the Candy Kitchen drainage problem. He explained they are going to try and start the project in May.  PROVIDING FOR AN EFFECTIVE DATE. accordance with and as provided by Texas law. and they left the Council Chambers.  Motion to approve made by Craig Overstreet 2nd to approve was Todd Rolen All council members voted in favor Mayor Piwko and Mike Hurst returned to the room.  City Council Meeting Minutes for 4-3-2018  5    VI. REGULAR AGENDA  A. Consider, discuss and act upon the J.W. Spain Complex Little League contract.  This item was addressed earlier on the agenda.  B. Update from the City Amenities Board.  Miranda Martin addressed Council and gave an update on the City parks. She stated the Library and Civic Center's floors have been fixed and they are open again. The Senior Citizen's Center's parking lot is being worked on to meet ADA requirements and the parking lot will be lighted. The City Park large slide will be replaced with other equipment. The Southlake damaged playground is being removed and they are working with the 4B Board to fund something else fori that area. She indicated the LDS Church is helping with little project around town, and those are appreciated. Opening day for Rails- to-Trails is coming soon and the Summer Music in the Park series will be on June 1st, July 6th, and August 3rd. In regards to J.W. Spain, they are still  working with Halff & Associates on the parking lot.  C. Consider, discuss and act upon Gantt chart of staff time for working on Camden  Park, Big D Concrete, and other projects.  Ben White stated he was not sure what the Council was looking for. Mayor Piwko stated the Council was concerned staff would be overloaded with projects and they just wanted to see priorities and how they are  overlapping.  Ben White asked how detailed she wanted it. staff is working on the project ora contractor.  Mayor Piwko explained the beginning and the end of the project and if City Donny Mason asked how the City was doing on the waterline to Big D Ben White stated the boring permit is complete and the next step is to get a crewi to complete the boring. He explained the waterline will come after the City completes the work at the Candy Kitchen. The Library parking lot is underway then we will do the wastewater line on Summit Street. After that is complete we will go back to the Candy Kitchen, in between every other Mayor Piwko explained the Council was okay seeing the chart once a  Concrete.  interruption. quarter on the report.  D. Consider, discuss and act upon Texas-New Mexico property at the entrance of  Camden Park.  City Council Meeting Minutes for 4-3-2018  6    This item was addressed earlier in the agenda.  E. Consider, discuss and act upon Resolution #R-2018-0403-001 regarding the  renewal of the City Investment Policy.  Daphne Hamlin stated iti is an annual review and the City is staying very  conservative.  Motion to approve made by Mike Hurst 2nd to approve was Donny Mason Allo council members voted in favor  F. Consider, discuss and act upon proposal for new police vehicle.  Chief Sullivan explained the police department has a Tahoe that has high miles on it that is costing money for repairs. He explained the Tahoe's have a better resale value and there is a $3,000 difference in the Tahoe and the Explorer. He also stated another vehicle will need to be replaced soon because of the mileage. He explained the City can defer the first payment of Daphne Hamlin explained the money for a vehicle this year was in the debt Chief Sullivan indicated the money would have to be reallocated. He stated they would prefer the Tahoe because of resale value and because they are Ben White explained that once you get behind in replacing vehicles you stay Michael Hesse asked about the cost difference between a car and an SUV. Chief Sullivan shared the costs and it was realized that there was not much cost savings. Also, when comparing the Explorer and Tahoe on safety Chief Sullivan stated the Tahoe has always had a good safety rating because it is Mike Hurst asked if there would be a leasing agent they could go through to Chief Sullivan stated he is not aware of a program that leases police vehicles Ben White explained the vehicles should rotate every three years. Motion to approve vehicle purchase of either vehicle (Tahoe or Explored) and to rotate vehicles based on a three year payment  the vehicle until the next budget year if necessary.  service fund. bigger. behind.  lower to the ground.  allow them to turn it back in after three or sO years. like that because the vehicles are used heavily.  program made by Craig Overstreet 2nd to approve was Mike Hurst Allo council members voted in favor  G. Consider, discuss and act upon Resolution #R-2018-0403-002 regarding the  sale of surplus items for the Police Department.  City Council Meeting Minutes for 4-3-2018  7    Chief Sullivan explained they are allowing the Police Officer's to purchase the cameras, according to the Resolution, to use for off duty jobs. They will Mayor Piwko asked if the SRO's at the school district could purchase the Alan Lathrom indicated they could not based on how the Resolution was Craig Overstreet asked if there were any data or recordings on the cameras Chief Sullivan explained that all the cameras memories have been wiped  be purchased at market value.  camera's written.  that could cause privacy issues.  clean.  Motion to approve made by Donny Mason 2nd to approve was Todd Rolen Allo council members voted in favor  H. Consider, discuss and act upon Resolution #R-2018-0403-003 regarding the National Incident-Based Reporting System Grant for the Police Department. Chief Mike Sullivan explained if the grant was received it would be for $78,523.00. They are required by law to have reports for the state. They are tired of all the paperwork and this would lessen the paper being used. Notification of approval should be received in June if awarded to the police  départment.  Motion to approve made by Mike Hurst 2nd to approve was Michael Hesse Allo council members voted in favor  Consider, discuss and act upon an easement that grants the City of Farmersville the non-exclusive easement and right to construct, reconstruct and perpetually maintain sanitary sewer facilities and all necessary appurtenances on property along U.S. Highway 380 belonging to Jesus Tapia Villalba and Alejandro Tapia  Villalba.  Ben White asked to combine Item Ia and J on the agenda.  J. Consider, discuss and act upon two agreements between the City of Farmersville and Jesus Tapia Villalba and Alejandro Tapia Villalba allowing sewer taps on the owner's property in exchange for a sanitary sewer easement. Ben' White stated the City needed the easements on their properties for a sewer line. In exchange for the easement the City is going to grant sewer taps to the property owners to use at any time in the future.  City Council Meeting Minutes for 4-3-2018  8    Motion to approve made by Craig Overstreet 2nd to approve was Donny Mason All council members voted in favor  K. Consider, discuss and act upon an interlocal agreement with Collin County regarding Road and Bridge improvements within the City of Farmersville. Ben White explained he did not recommend the City enter into the agreement with the County. The City does not have the funds to have the Mayor Piwko asked ift the City did not approve the agreement would the County choose not to fix some of the roadways in the area. Alan Lathrom indicated the City needs a list of the projects they have in mind because the City cannot enter into a non-funded debt agreement. Mayor Piwko stated the Council would direct Ben White to negotiate another  County charge them when they fix roadways.  contract with Collin County.  Workshop  Mayor Piwko indicated City Council would move into the workshop for the proposed Zoning Ordinance and Subdivision Ordinance that was posted as a separate agenda fori the same meeting date and time. She indicated there was one item she wanted changed. In regards to infill, she does not feel that lots need to be restricted to 5 acres for PD - Planned Developments. Phyllis Jarrell with Kimley-Horn stated it was not unusual to have an acreage requirement for PD's to avoid spot zoning. But, we could add a provisions to the Ordinance that states as long as the property is fulfilling the goal of the City's Comprehensive Ordinance that it would be allowed under 5 acres. It Alan Lathrom explained the proposed Ordinance already has the language in itt that states a special finding would be necessary from the City Council to Michael Hesse asked about the Office zoning designation that was removed Drew Brawner explained that it was discussed with staff early on and it was decided to incorporate the Office district in the Neighborhood Services District and the Commercial District. Which category it fit in would depend on Mayor Piwko expressed concern of the Neighborhood Services definition not being clear to include other things other than offering of services helping the  would allow the infill areas in the City to be developed.  allow for a less than 5 acre lot to rezone. from the proposed Ordinance.  the intensity of the business.  City Council Meeting Minutes for 4-3-2018  9    neighborhood. She wanted the definition to show it would not be limited to Drew Brawner stated they will re-word Neighborhood Services to limit the Alan Lathrom suggested adding language in the Ordinance that would reflect the need for flexibility in the infill development when discussing Planned Craig Overstreet wanted to strike the Bradford Pear tree from the approved On the Subdivision Ordinance Craig Overstreet stated in regards to the variances it listed several items he just wanted clarification that all items had  only people who service the adjacent neighborhood.  uses available in that zoning district. Developments and acreage size.  list of trees.  to be met before a variance would be granted. Phyllis Jarrell stated all items had to be addressed. Ben White asked if someone does not plat property is there any  repercussion the City couid take.  Alan Lathrom explained that state law allows the City to issue citations and  they could withhold utilities from the property owners.  VII. EXECUTIVE SESSION  Mayor Piwko read the statement below and stated the City Council would enter Discussion of matters permitted by the following sections of Texas Government  into Executive Session at 7:43 p.m.  Code Chapter 551:  A. Section 551.071, Consultation with Attorney  1. Consultation with City Attorney regarding laws and issues applicable to cemeteries and plats and the plat of the cemetery proposed by the Islamic  Association of Collin County in the City's ETJ  VII. RECONVENE FROM EXECUTIVE SESSION AND DBCUESCOASIDEACION MATTERS DISCUSSED IN EXECUTIVE SESSION PERMITTED BY SECTION Mayor Piwko stated City Council would reconvene from Executive Session at  551.071 OF THE TEXAS GOVERNMENT CODE. 8:29 p.m. and not action would be taken.  City Council Meeting Minutes for 4-3-2018  10    VIII. REQUESTS TO BE PLACED ON FUTURE AGENDAS  Todd Rolen wanted to review the e-cigs guidelines set out by the City. Craig Overstreet wanted an update on the Riding Club Area contract. Mayor Piwko wanted to see the Intro through the Housing sections of the Comprehensive Plan on the agenda for them to review. Mayor Piwko also asked Ben White when the Capital Improvements Plan would  come before Council.  IX. ADJOURNMENT  Meeting was adjourned at 8:31 p.m.  APPROVE:  Diane C. Piwko, Mayor  ATTEST:  Sandra Green, City Secretary  City Council Meeting Minutes for 4-3-2018  11    Agenda Section Consent Agenda Section Number III.B Subject To From Date Attachment(s)  Police Department Report Mayor and Council Members Ben White, City Manager May 8, 2018 Police Department Report ycouncil meetings.php City Council discussion as required. Motion/second/vote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Related Link(s) ittp/www.farmersvletxcom/govermentlagendas and minutes/cit  Consideration and Discussion Action  Motion/secondvote to continue to a later date.    Farmersville Police Department 134 North Washington Street Farmersville, TX7 75442 972-782-6141  POLICE FARMERSVILE  TEXAS EST.1S49  Farmersville Police Department  Monthly Report April-18  Total Calls For Service: Tier1 1Crimes Robbery: Assault: Theft: Burglary: Motor' Vehicle Theft:  461  Tier 2Crimes Forgery: Fraud: Criminal Mischief: Weapons: DWI:  0 1 3 2 0  0 1 2 2 1 1 0 1  Public Intoxication: Disorderly Conduct: Drugs:  Miscellaneous Traffic Stops: Citations: Alarms:  161 Major Accidents:  0 7 44  88 (102 violations) Minor Accidents:  3  Agency Assist:  Cases filed with the District Attorney'sOfice:  Felony: Misdemeanor:  4 5    2 @ o - 8  a  9  0  ajwas Joj sies jo. paquunN    - C e e  o  sawpojo.aqunN    2 sawpoyo paquunN  9    2 E de C o  9  6 9 5 DB W 8 15 D0 sawyojo.aqunn  n    Agenda Section Consent Agenda Section Number III.C Subject To From Date  Code EnforcementAnimal Control Report Mayor and Council Members Ben White, City Manager May 8, 2018  Attachment(s) 1. Code Enforcement Report  2. Animal Control Report ycouncil meetings.php City Council discussion as required. Motion/secondvote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Related Link(s) ntipwww.armersylelxcom/governmentl'agendas and minutes/cit  Consideration and Discussion Action  Motion/second/vote to continue to a later date.            9        2 € e  6        0                0  - 10 -  I9 o0 9 Ne    -  - = P d0  9    x x  xxx  x x    a  *    on fishing and small boating. Ms. Craddock-Clarki noted the importance of the park asi it once wasa Chairman Politz asked about the survey that was sent out to the schools in Farmersville to determine what the students would like to see. Some desires are realistic and unrealistic. A pool would be a major liability and difficult to maintain for a city our size. Perhaps splash pads would be more appropriate. Furthermore, basketball courts are a serious need. The school has some tennis courts for the public to use, but basketball courts are lacking. We could think about a basketball court in several areas, perhaps the open area near the Onion Shed, or Ramblers Park. Perhaps as volleyball court near the: splash pad at Farmersville Parkway. Ms. Craddock-Clarki noted the need in the areai for students to work out and play during vacations from school. Mr. White discussed the concept of an enclosed workout center. somewhere int the city that could charge as small fee for use. It could have indoor courts and various amenities such as ai running track and meeting spaces. Ms. Craddock-Clark mentioned! how people ini town are building basketball courts because there isn'tone for the citizens to use. Mr. White asked the board to keepi in mind the safety aspect of an enclosed and self-contained center like this. Ity would set a great precedent for our town. Chairman Politzpointed out the new YMCA in North Rockwall and how fulli iti is most oft the time. Dr. Goldstein noted that church facilities in town are often available for citizen's use. Mr. White stated that we have the land, wej just need to work on building up the plan for the use ofit as recreation space. Mr. White showed the board thes survey that was sent to the students. It was discussed that iti is less than two years old. Mr. White stressed to take al look at thej plan and offer any thoughts at ai future Mr. Rothenberger led discussion on the Central Business District survey and re-iterated much ofwhat was discussed at the earlier Main Street Workshop. Mr. Rothenberger noted that some data needs to be updated especially regarding the uses oft the buildings and their vacancy. Furthermore the Main Street board discussed thei issue ofland use oft the open areas south of downtown. We should encourage some kind of mixed use. Ms. Hershey asked what exactly are the parameters of the central business, district. Mr. Rothenberger pointed out that the' "Central Area" district which is downtown proper, and the "Commercial" area int the immediate perimeter. There are several districts inj play with Main Street. First and foremost is thel National Register District, then the "Main Street District" which includes many private homes which may become commercially used in future years. Some oft the goals mentioned in the workbook are good.. A goal that Iwould like see better discussed is the issue ofal Historic Preservation Ordinance and its upkeep. That is ai major issue that Iam preparing toi tackle and seek to communicate. The Main Street board discussed the amenities that are currently in downtown. The onlyi issue that we might see are the addition ofr new benches, but for the most part downtown has a lot ofwhat's needed. Traffic flow has been ar major discussion ofl late, sol Mr. White and staff will install a "Keep Right" sign at the bullnose of downtown that is the intersection of! McKinney and Main Street. Ini regards tol branding, Mr. Rothenberger has loosely been using the term, "downtown is thej jewel box", playing offof Farmersville is a' Texas Treasure. A goal Mr. Rothenberger and board agreed oni is the placement ofa mural on al building in downtown. Donna Williams and Clay Potter have offered their buildings as potential places for a mural. Mr. Rothenberger discussed that though hei is appreciative of 4B's payment and upkeep of the two billboards, perhaps we could use those billboards toi target casual shoppers or visitors to the downtown, rather than focusing solely on riders for1 the trail. Mr. Rothenberger briefly discussed design standards and role that thel Historic Preservation Ordinance will playi in that. Mr. Rothenberger mentioned the need to the Main Street for the desire to pursue Certified Local Govemnment status through the' Texas Historical Commission. This can helpi in acquiring grants and can help support the historic preservation efforts ofthe city. There was brief discussion among the 4B Board and Mr. Rothenberger about the new "National Register District" signs and the existing one thati is now damaged.  country club and really the center ofcommunity events.  meeting.  Mr. White stated thati it will be repaired soon.    The Main Street board thought that most of the goals were reasonabie. There were discussions ofvacancy taxes and' other methods to reduce vacancy and hopefully encourage building owners to rent their buildings for a more reasonable rate. Mr. Rothenberger discussed aj possible goal of working with 4A to broaden the spectrum oft the façade grant and think ofways those funds could be used for other uses, such as finish out or rent subsidies. Mr. Rothenberger also stressed his goal ofensuring that the Historic Preservation Ordinance is communicated well int the near future as interest in the general community Mr. White stated the need for the board to feel free to advise staffn moving forward on theiri ideas. Mr. Rothenberger and Mr. White and other staff will bet taking a stab in working to make the comprehensive Chairman Politz discussed the great work that had been done increasing the workbook. 4B needs tol be careful in deciding where it wants to goi in the near future without over promising. Priorities changed recently with the playground equipment and the senior center, and that future priories need to be looked in Dr. Goldstein briefly discussed thei idea of passing the "Taste of Farmersville" event on to another entity int town. First Methodist may not be able to continuei it, and it would be a great fundraiser for whatever organization would like to take it on. General discussion among the board suggested that this might be a  grows.  plan more concise soi iti is easier to read.  this manner.  good Chamber of Commerce event.  DISCUSSION OF PLACING ITEMS ON FUTURE AGENDAS  There was general discussion of an update on1 the playground equipment and that Mr. White would give  an update at the next meeting. ADJOURNMENT Signatures:  There being no further business, John Politz adjourned the meeting at 7:32F PM.  John Politz,  GCsCpak dynthia Craddock-Clark, ,Secretary  aA    AMPIPSVIIECOMDUNITY DEVELOPMENT CORPORATIONBOARD (4B)  MINUTES -March 12, 2018 5:45P.M. City Council Chambers  PRELIMINARY MATTERS  Thel Farmersville Community Development Corporation Board met on March 12, 2018 in the City Council Chambers at City Hall, President John Politz called the meeting to order at 5:45 p.m. and announced that a quorum was present after roll call. The following board members were present: John Politz, Katherine Hershey, Jesse Nelsen, Tobey Ferguson, and Mike Goldstein. Others recognized were Mayor Diane Piwko, Reagan Rothenberger, Main Street Manager; City Manager Ben' White, Donna  Williams, Randy Smith, Phil Fielder, and Randy Rice. Chairman John Politz opened the floor for comments.  POBLICI COMMENT  Randy Smith from 508 CR 610: spoke on: zoning issues hes sees in the in the comprehensive plan regarding floodmaps. Areas ofland outside oft the city limits may be restricted to certain uses among annexation, which could seriously affect the uses oft the property. He will be presenting this issue to other boards as John Politz from 211 Hill Street spoke on thei issue that thel Main Street Manager has been told to not attend specific meetings. His jobs summary states that hisj job is to serve as an advocate for downtown issues, He has heard that thel Mayor has specifically told the Main Street Manager to not attend MI Meetings. Furthermore, Mr. Politz believes that the mayor should nol give direction to a city employee. Mr. Politz believes that thel Main Street Manager should attend any meeting he desires to and make decisions on which meetings are priorities. Chairman Politzi recognized Mayor Piwko. The Mayor stated that the agreement between the 4B Board and the City of Farmersville states that the day to day operations of thel Main Street Manager is at the discretion oft the City Manager. The mayor stated that council members and the mayor have discussed one on one with the City Manager their vision ofv what the Main Street Manager should do. They believe that the Chamber ofCommercel MI Event Committee is not being representative of the: all downtown. Further discussion wasl held at length between Chairman Politz and] Mayor Piwko regarding thel Main Street Manager. In short, Chairman Politz believes that the Main Street Manager should be allowed to attend whatever meetings he so chooses without obstruction from the city council or mayor. Thel Mayor believes that the professional contract allows for such direction to Dr. Mike Goldstein made ar motion to end the discussion at 6:17p.m., Katherine Hershey Seconded. CONSIDER FOR APFROVALFFBRUARY 12,2018 MEETINGI MINUTES Tobey Ferguson made ai motion to approve the minutes of February 12, 2018 as written. Motion was CONSIDERATION. AND POSSIBLE APPROVALOFI ITEMS FORI PAYMENT $1,189.75 Reagan Rothenberger travel expense reimbursement. $595.000 City of Farmersville Reimbursement for Main Street Conference Expense. $194.00 City of Farmersville, Quickbooks Pro software for Main Street Manager. $475.00 Brown Outdoor Adverting, $200.00 Texas Bulletins, $30.00  well.  be given through the City Manager. Public comments were closed at 6:17p.m..  seconded by Dr. Mike Goldstein andj passed unanimously.  Farmersville Community Development Corporation Minutes March 12, 2018    TLCI Netcomm. Cynthia Craddock-Clark moved to apprové the payments. Dr. Mike Goldstein seconded, CONSIDERATION AND POSSIBLE. ACTION REGARDING FINANCIAL: STATEMENTS FOR Tobey Ferguson moved to approve thel February 2018 financial statements as presented.. Jesse Nelson DISCUSSION. AND POSSIBLE. ACTION REGARDING A NEW EZ-UP CANOPY A canopy is used by the city and] Main Street for various events, most particularly Farmers andl Fleas each month. Iti is in very poors shape. Mr. Rothenberger asked for S500 to go toward purchasing the new canopy. The new canopy will look exactly the same as the old one. Tobey Ferguson made a motion to approve the purchase, Katherine Hershey seconded. The motion passed unanimously. POSSIBLE. ACTION REGARDING' THE COMPREHENSIVE PLAN Mr. Rothenberger wanted to make sure that the board members didn'thave any further comments they wanted to add. In the coming months, city staff willl be working to whittle down the plani into as shorter and easier to1 read version. Chairmain Politz asked about why there was nothing pertaining to thei new water treatment plant. Mr. White stated that its should1 be in there and he will make sure it'si in the final product. Mr. Rothenberger stated that another question was regarding a basketball court, which was discussed at length in the March 5th Workshop. Chairman Politz also asked about the population andl how the city believes that thej population is near 5,000 even though the comprehensive plan points to the current population is only 3,800. Mr. White stated that therei is thought that the new Camden Park developments, as well as thej potential two apartments willl bring us to the! 5,000 population mark sooner Since thel large pieces ofe equipment are on hold, the city has gone ahead and ordered the small pieces of equipment. The Chamber of Commerce will provide ai new bike rack and repair station. There is nothing major new going on in downtown at the moment. The city is working on a new contract with the Riding Club for the Southlake Park property. The "two girls" statue has been installed in the park for the dedication, but it was sent back so that the dedication plaque could be attached to the rock. The parking lot of thes senior center is well underway. Wiringi is being laid andi ist ready for concrete. The city workers are doing the work. Thej pedestals are inj place and waiting for lighting. Dr. Goldstein asked about funding. The Centennial Committee has paid for a large portion oft the lighting. Mr. White is now working on the roofoft the! Senior Center which has developed some leaks. Mr. White thanked the board for their comments on the comprehensive plan. The LDS Church has offered tol help on special projects if needed. Thel Main Street grant has all been approved and the Candy Kitchen portion will be started al little before May. The main project willl begini in! May. There is al large amount of planning going into this project soi iti is taking some time. Work on Camden Park continues at a brisk pace, whereas the apartments will move ahead as slower pace. The new wastewater system is a major project thati ist making progress. The city has been working with KCS to get a water line to the Big D Concrete Plant. Farmersville Clean Up Day costs are considerably lower that we believed. Therei isa a chance that Sanitation Services are Mr. Rothenberger reported that thel Farmers and Fleas market went well and everyone believed it went well except thati it was cold. Mr. Rothenberger has been working on the Historic Preservation Ordinance. Shopping Guides are being distributed as fast as they can. The monthly report has been submitted to the Texas Main Street center. Mr. Rothenberger. spoke with Debral Drescher, the' Texas Main Street coordinator. Shel has offered her support as best as she can. Mr. Rothenberger gave a tour to potential  whichj passed unanimously.  FEBRUARY2018. AND ANYI REQUIRED BUDGET. AMENDMENTS  seconded the motion, which passed unanimously.  that expected. There was no action taken. CITY MANAGER: REPORT- BEN WHITE  covering the costs themselves.  MAINSTREET MANAGER REPORT- REAGAN. ROTHENBERGER  Farmersville Community Development Corporation Minutes March 12, 2018    purchasers oft the 109 College Street house. Mr. Rofhenberger has been working on the comprehensive plan, most specifically the Central Business District Study. Mr. Rothenberger: attended the Chamber of Commerce Lunch andl Leam. Mr. Rothenberger mentioned that he met with Mary Berry as al board member and downtown! business owner, andi reiterated that] hei is open for discussion with board members and wants to work with each of them as much as possible. Met with Councilman Overstreet to discuss the role ofMain Street Manager. Spent a considerable amount oft time preparing for the workshop meetings. Mr. Rothenberger is thinking of getting better signage to direct people to the downtown. Mr. Rothenberger gave a talk to thel Rotary Club. Furthermore, he attended the Audie Murphy Day! Meeting and thel Farmersville: Heritage Museum Meeting. Thel National Register Plaques willl hopefully come in fairlys soon. Mr. Rothenberger is studying wayfaring signage. A substantial amount of time has been spent withl Ms. Williams regarding the Candy Kitchen. There are potential tenants we are talking with. Tobey Ferguson asked Mr. Rothenberger ifhe would like to discuss his vision oft the program in the future. Mr. Rothenberger agreed that he would like to in the future once he understands how he would like to go.  DISCUSSION OF PLACINGITEMS ON FUTORE AGENDAS There were no items noted tol be added on ai future agenda.  ADJOURNMENT Signatures:  There being no further business, John Politz adjoured the mecting at 7:01 PM.  John  Cynthia  Gp.Gdicla  Craddock-Clark, Secretary  lR4  Farmersville Community Development Corporation Minutes March 12, 2018    Agenda Section Informational Items Section Number IV.C Subject To From Date Attachment(s)  Main Street Board Minutes Mayor and Council Members Ben White, City Manager May 8, 2018 Main Street Board Minutes ycouncil meetings.php City Council discussion as required. Motion/secondvote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. Nor motion, no action  Related Link(s) ntip/www.farmersylelxcomlsovernmenl'agendas and minutes/cit  Consideration and Discussion Action  Motion/second/vote to continue to a later date.    Farmersville Main Street Board Mihutes March 12,2018 City Hall  Call to Order, Roll Call, Recognition ofVisitors:  Meeting called to order: at 4:45 PMI by President Randy Rice. Present were board members President Randy Rice, Doris Cooks, and Glenda Hart.. Also present werel Mayor Diane Piwko, Councilman Donny Mason and City Manager Ben White. No one wished to come forward  for public comments.  Consider. fora approval February 12th, 2018 Meeting Minutes:  There was no discussion regarding the February 12th, 2018: meeting minutes; motion to approve was made by Glenda Hart, Doris Cooks seconded. Minutes werea approved as  presented unanimously.  Consider for approval February 2018 Financial Statement:  The statement was approved as presented.  Consider, discuss with possible action for new cover: and sides for Main Street Mr. Rothenberger asked that the Main Street board approve Reagan to approach 4B to ask for $500 in funding. Doris Cooks made the motion, and Glenda Hart seconded. The board  Canopy: and weights. passed unanimously.  National Register District Plaque  Mr. Rothenberger. stated that the National Register District Plaque on the west side oft the square was hit. The city public works crewl has removed the sign and will be working ona a way to repairi it with a new pole. A new pole can be ordered from Southwell Co. ifneeded. The future two signs will be attached to the poles with tamper proof screws rather than  welding.  Change Order for Historic Marker Plaques for Buildings  Mr. Rothenberger discussed that the previous Main Street Manager, Mrs. Wolf, had ordered plaques for five different buildings in the downtown area. The' Texas Historical Commission has refunded this money as they do not provide the plaques any more. Mr. Rothenberger suggested that the money be used on a couple of nicer signs, perhaps onel being on cityk hall, that better describes the building rather than merely denoting it as al historic property. Ms. Cooks asked ifiti is still important to note these other buildings with plaques. Mr. Rothenberger stated he: sees these different buildings with different levels ofh historicism. Putting aj plaque on the city hall willl have much more visibility than one on the annex  building, sO why not have al nicer one on high traffic buildings.  Main Street Manager Report:  Farmers and Fleas at the beginning of the month had a fair attendance but was very cold. Mr. Rothenberger is working very quickly on the Historic Preservation Ordinance, The shopping guides have been edited and are] printed and are consistently being delivered to  1    Ithel businesses. Thei monthly report was sent to the Tèxas Historical Commission. Mr, Rothenberger spoke with the Texas Main Street program director Debra Drescher. Mr. Rothenberger met with thej potential purchasers of109 College Street. Thesei individuals were interested in using as al bed and breakfast. Mr. Rothenberger reviewed and edited the Farmersville Comprehensive Plan workbook and prepared for the workshop earlier in the month. Mr. Rothenberger: stated that al lot of people have discussed an issues with directional signage. Mr. Rothenberger was able to speak to Rotary Club. There wasa a successful Audie Murphy Day meeting to get the event off of the ground. Furthermore, Mr. Rothenberger has begun getting involved with the Heritage Museum. Mr. Rothenberger has been managing the Farmersville Main Street Facebook page. Mr. Rothenberger discussed his work on design guidelines in the Historic Preservation Ordinance and howi ifadopted, this ordinance will help to preserve the downtown. Mr. Rothenberger has stated he met with most oft thel building owners and has met with Doris Williams several times to discuss progress on the Candy Kitchen building. President Rice asked the board ift there were any  questions for Mr. Rothenberger; there were none. City Manager Report and Comments  Mr. White led discussion of several projects. There are discussions for playground equipment that will replace the slides in the city park. Rambler Park: splash pad has seen the addition oft the new: statue. Ith has been removed and the new plaque will be installed on it very soon and it will be replaced. The senior center is seeing the new parkingl lot lighting goingi in. Most oft the trenches have been replaced. The library willl be opened tomorrow and the new floori is very nice. Mr. White thanked thel board for theirwork: and support of the Comprehensive Plan.' The city amenities board has thought oft the some projects for the LDS Church. The Main Street grant has made progress and the contractor has been selected. Work in the Candy Kitchen may starti in April ahead of other work that will take place in May.Work on Camden Park continues and streets will go in fairly soon. Two apartment  complexes are potentially online for construction.  Workshop Meeting Review: the month. There were: no comments. Discussion of placing items on future. agendas: Add Main Street Manager as a signer on1 thel bank account.  Mr. Rothenberger: asked ifthere were any questions about the workshop meeting earlier in  Adjournment: With no furtherbusiness to discuss, the meeting was adjourned by Randy  Rice at 5:09PM dRic Randy Rice, President  Wb - Kim Smith-Cole, Secretary  2    Agenda Section Informational Items Section Number IV.D Subject To From Date  Main Street Report Mayor and Council Members Ben White, City Manager May 8, 2018  Attachment(s) Main Street Monthly Report  Related Link(s) ntp-/www.farmersvletxcomlgovernmentlagendas and minutes/cit  ycouncil meetings.php City Council discussion as required. Motion/second/vote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. Nor motion, no action  Consideration and Discussion Action  Motion/second/vote to continue to a later date.    Main Street Monthly Report April 2018 Reported by Reagan Rothenberger  Farmersville nIscorns Month Month 9 5,6,9 9 10 16 17,18,19 18,19 23 24 26,27  nar  ORGANIZATIONADNADMINISTRATIONA Studying past files.  Editing the proposed Historic Preservation Ordinance & Summary Document Submitted March Reports to the Texas Historical Commission Prepared all documents pertaining to the February Main Street and 4B Meetings Attended and supported the Main Street & 4B Board Meetings  Attended City Council Meeting Planning and Zoning Meeting.  Prepared for and was available for questions regarding the Historic Preservation Ordinance at the Tested new downtown sound system in varying locations to determine interference. Preparation for Audiel Murphy Day Meeting & Heritage Museum meeting.  Prepared for and supported a 4B Special Meeting Audie Murphy Day preparation and documentation. Farmers and Fleas Preparation  PROMOTION:  7 19 19 Month Month Month DESIGN: 16 19 30 Month Month Month Month Month  Farmers and Fleas was cancelled due to weather. Third Audie Murphy Day Meeting Farmersville Heritage Museum Meeting.  Attended several small Audie Murphy Day subcommittee meetings; parade, vets, merchandise, etc. Managed the Farmersville Main Street Facebook Page and monitored advertising campaign.  Evaluating, redesigning, and reprinting pamphlets for redistribution.  Answered questions regarding the Historic Preservation Ordinance at the P&Z Meeting. Walked downtown with engineers and crew to learn ofl Main Street ADA project. Will be ready to Meeting with new owners of 109 College Street home to assist inj preservation efforts.  communicate changes coming to downtown to building owners. Determining locations for potential new wayfaring signage. Continued to meet with many business owners.  ECONOMIC RESTRUCTURING:  Working with as strong tenant who is now moving toward opening a restaurant at 124 McKinney St. Working with a strong tenant who is making progress in opening an event centeri int the Candy Kitchen.  Working with two individuals interested in 111McKinney St.    V. Reading of Ordinances    Agenda Section Reading of Ordinances  Section Number V.A Subject  Consider, discuss and act upon the first and only reading of Ordinance #0-2018-0508-001 regarding the adoption of the proposed complete rewrite and revision oft the City of Farmersville's  Comprehensive Zoning Ordinance. Mayor and Council Members Ben White, City Manager May 8, 2018  To From Date Attachment(s)  Ordinance #0-2018-0508-001 Final Draft - Zoning Ordinance  Related Link(s) itip/www.farmersvlelxcomgovernenlagendas and minutes/cit  ycouncil meetings.php City Council discussion as required. Motion/second/vote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Consideration and Discussion Action  Motion/second/vote to continue to a later date.    CITY OF FARMERSVILLE ORDINANCE NO. 2018-0508-001  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERSVILLE, TEXAS, BY DELETING CHAPTER 77, ENTITLED "ZONING," IN ITS ENTIRETY AND ADOPTING AND ENACTING THE PROPOSED NEW REGULATIONS CONTROLLING AND PERTAINING TO ZONING THAT ARE ATTACHED HERETO AS EXHIBIT 1 AND ENTITLED COMPREHENSIVE ZONING ORDINANCE" TO BE CODIFIED AS CHAPTER 77 OF THE FARMERSVILLE CODE AND ENTITLED "COMPREHENSIVE ZONING ORDINANCE"; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; RESERVING ALL EXISTING RIGHTS AND REMEDIES; PROVIDING FOR IMMUNITY; PROVIDING FOR NJUNCTIONS; PROVIDING FOR A PENALTY; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A SAVINGS  CLAUSE; AND PROVIDING AN EFFECTIVE DATE  WHEREAS, the City of Farmersville, Texas, (the "City") is a Type A General = Law Municipality located in Collin County having a population of less than 5,000 persons as determined by the most recent federal census, created in accordance with the provisions of Chapter 6 of the Local Government Code, and operating pursuant to the WHEREAS, the City Council of the City of Farmersville, Texas, finds and determines that the City's current Zoning regulations, recorded in Chapter 77 of the Code of Ordinances, City of Farmersville, Texas are in need of numerous revisions to better WHEREAS, the City Council of the City of Farmersville, Texas, finds and determines that it is in the best interest of the public health, safety and general welfare of the citizens of Farmersville, Texas, to completely delete Chapter 77, Zoning," of the Farmersville Code in its entirety and adopt and enact the proposed new regulations attached hereto as Exhibit 1 that will hereafter control and pertain to zoning to be codified in the Farmersville Code as Chapter 77, Comprehensive Zoning Ordinance"; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  enabling legislation of the State of Texas; and  serve the needs of the City; and  FARMERSVILLE, TEXAS, THAT: Section 1. FINDINGS  All of the above premises are found to be true and correct and are incorporated into the  body of this Ordinance as if set forth in their entirety.  Ordinance No. 2018-0508-001  Page 1 of5    Section 2. CURRENT CHAPTER 77 OF THE FARMERSVILLE CODE DELETED From and after the effective date of this Ordinance, Chapter 77, entitled "Zoning," is Section 3. EXHIBIT 1, ATTACHED TO THIS ORDINANCE, ENTITLED  hereby deleted ini its entirety.  COMPREHENSIVE ZONING ORDINANCE" IS HEREBY ADOPTED AND ENACTED AS THE NEW ZONING ORDINANCE FOR THE CITY OF FARMERSVILLE, TEXAS, AND SHALL BE CODIFIED AS CHAPTER 77 OF THE FARMERSVILLE CODE AND ENTITLED  COMPREHENSIVE ZONING ORDINANCE  From and after the effective date of this Ordinance, Exhibit 1 that is attached to this Ordinance and entitled Comprehensive Zoning Ordinance" is hereby adopted and enacted as the zoning ordinance for the City of Farmersville, Texas. Iti is further directed that such Exhibit 1 shall be codified in the Farmersville Code as Chapter 77 and be  entitled Comprehensive Zoning Ordinance." Section 4. REPEALER CLAUSE  This Ordinance shall be cumulative of all other Ordinances, resolutions, andlor policies of the City, whether written or otherwise, and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Any and all ordinances, resolutions, and/or policies of the City, whether written or otherwise, which are in any manner in conflict with or inconsistent with this Ordinance shall be and are hereby  repealed to the extent of such conflict andlorinconsistency.  Section 5. SEVERABILITY CLAUSE  Itis is hereby declared to be the intention of the City Council that the several provisions of this Ordinance are severable, and if any court of competent jurisdiction shall judge any provisions of this Ordinance to be illegal, invalid, or unenforceable, such judgment shall not affect any other provisions of this Ordinance which are not specifically designated  as being illegal, invalid or unenforceable.  Section 6. RESERVATION OF EXISTING RIGHTS AND REMEDIES  All rights and remedies of the City of Farmersville are expressly saved as to any and all violations of the provisions of any Ordinances which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until  final disposition by the courts.  Ordinance No. 2018-0508-001  Page 20f5    Section7 7. IMMUNITY  All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Farmersville in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or  permitted in the discharge of his said duties. Section 8. INJUNCTIONS  Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Farmersville in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Farmersville.  Section 9. PENALTY  Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Farmersville, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($ 2,000.00) for each offense; and each and every day such violation  shall continue shall be deemed to constitute a separate offense.  Section 10. PUBLICATION  The City Secretary of the City of Farmersville is hereby directed to publish in the Official Newspaper of the City of Farmersville the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Local Government Code.  Section 11. ENGROSSMENT AND ENROLLMENT  The City Secretary of the City of Farmersville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the City Council of the City of Farmersville and by filing this Ordinance in the  Ordinance records of the City. Section 12. SAVINGS  All rights and remedies of the City of Farmersville are expressly saved as to any and all violations of the provisions of any Ordinances which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until  final disposition by the courts.  Ordinance No. 2018-0508-001  Page 3of5    Section 13. EFFECTIVE DATE  This Ordinance shall take effect immediately upon its adoption and publication in  accordance with and as provided by Texas law. PASSED on first and only reading on the  day of  2018, at properly scheduled meetings of the City Council of the City of Farmersville, Texas, there being a quorum present, and approved by the Mayor on the date set out  below.  APPROVED THIS  DAY OF APPROVED: BY:  2018.  Diane C. Piwko Mayor  ATTEST:  Sandra Green City Secretary  APPROVED AS TO FORM AND LEGALITY:  Alan D. Lathrom City Attorney  Ordinance No. 2018-0508-001  Page 4 of5    Exhibit1 1  Comprenensive Zoning Ordinance  (Consisting of  pages.)  Ordinance No. 2018-0508-001  Page 5 of5    Agenda Section Reading of Ordinances  Section Number V.B Subject  Consider, discuss and act upon the first and only reading of Ordinance #0-2018-0508-002 regarding the adoption of the proposed complete rewrite and revision of the City of Farmersville's  Subdivision Ordinance. Mayor and Council Members Ben White, City Manager May 8, 2018  To From Date Attachment(s)  Ordinance #0-2018-0508-002 Final Draft - Subdivison Ordinance  Related Link(s) ittp-/www.farmersvlelxcomlpovermenlagendas and minutes/cit  ycouncil meetings.php City Council discussion as required. Motion/second/vote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Consideration and Discussion Action  Motion/second/vote to continue to al later date.    CITY OF FARMERSVILLE ORDINANCE NO. 2018-0508-002  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERSVILLE, TEXAS, BY DELETING CHAPTER 65, ENTITLED SUBDIVISIONS, IN ITS ENTIRETY AND ADOPTING AND ENACTING THE PROPOSED NEW REGULATIONS CONTROLLING AND PERTAINING TO SUBDIVISIONS THAT ARE ATTACHED HERETO AS EXHIBIT 1 AND ENTITLED "SUBDIVISION ORDINANCE" TO BE CODIFIED AS CHAPTER 65 OF THE ORDINANCE"; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; RESERVING ALL EXISTING RIGHTS AND REMEDIES; PROVIDING FOR IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR A PENALTY; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING ASAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE  FARMERSVILLE  CODE AND  ENTITLED  "SUBDIVISION  WHEREAS, the City of Farmersville, Texas, (the "City") is a Type A General - Law Municipality located in Collin County having a population of less than 5,000 persons as determined by the most recent federal census, created in accordance with the provisions of Chapter 6 of the Local Government Code, and operating pursuant to the WHEREAS, the City Council of the City of Farmersville, Texas, finds and determines that the City's current subdivision regulations, recorded in Chapter 65 of the Code of Ordinances, City of Farmersville, Texas are in need of numerous revisions to better WHEREAS, the City Council of the City of Farmersville, Texas, finds and determines that it is in the best interest of the public health, safety and general welfare of the citizens of Farmersville, Texas, to completely delete Chapter 65, Subdivisions," of the Farmersville Code in its entirety and adopt and enact the proposed new regulations attached hereto as Exhibit 1 that will hereafter control and pertain to subdivisions to be codified in the Farmersville Code as Chapter 65, Subdivision Ordinance"; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  enabling legislation oft the State of Texas; and  serve the needs of the City; and  FARMERSVILLE, TEXAS, THAT: Section 1. FINDINGS  All of the above premises are found to be true and correct and are incorporated into the  body of this Ordinance as if set forth in their entirety.  Ordinance No. 2018-0508-002  Page 1 of5    Section 2. CURRENT CHAPTER 65 OF THE FARMERSVILLE CODE DELETED From and after the effective date of this Ordinance, Chapter 65, entitled Subdivisions," Section3 3. EXHIBIT 1, ATTACHED TO THIS ORDINANCE, ENTITLED  is hereby deleted in its entirety.  "SUBDIVISION ORDINANCE" IS HEREBY ADOPTED AND ENACTED AS THE NEW SUBDIVISIONS ORDINANCE FOR THE CITY OF FARMERSVILLE, TEXAS, AND SHALL BE CODIFIED AS CHAPTER 65 OF THE FARMERSVILLE CODE AND ENTITLED "SUBDIVISION  ORDINANCE"  From and after the effective date of this Ordinance, Exhibit 1 that is attached to this Ordinance and entitled Subdivision Ordinance" is hereby adopted and enacted as the subdivisions ordinance for the City of Farmersville, Texas. It is further directed that such Exhibit 1 shall be codified in the Farmersville Code as Chapter 65 and be entitled  Subdivision Ordinance." Section 4. REPEALER CLAUSE  This Ordinance shall be cumulative of all other Ordinances, resolutions, and/or policies of the City, whether written or otherwise, and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Any and all ordinances, resolutions, and/or policies of the City, whether written or otherwise, which are in any manner in conflict with or inconsistent with this Ordinance shall be and are hereby  repealed to the extent of such conflict and/or inconsistency.  Section5. SEVERABILITY CLAUSE  Itis hereby declared to be the intention of the City Council that the several provisions of this Ordinance are severable, and if any court of competent jurisdiction shall judge any provisions of this Ordinance to be illegal, invalid, or unenforceable, such judgment shall not affect any other provisions of this Ordinance which are not specifically designated  as being illegal, invalid or unenforceable.  Section 6. RESERVATION OF EXISTING RIGHTS AND REMEDIES  All rights and remedies of the City of Farmersville are expressly saved as to any and all violations of the provisions of any Ordinances which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until  final disposition by the courts.  Ordinance No. 2018-0508-002  Page 20f5    Section7 7. IMMUNITY  All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Farmersville in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or  permitted in the discharge of his said duties. Section 8. INJUNCTIONS  Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Farmersville in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance ori in the Code of the City of Farmersville.  Section 9. PENALTY  Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Farmersville, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($ 2,000.00) for each offense; and each and every day such violation  shall continue shall be deemed to constitute a separate offense.  Section 10. PUBLICATION  The City Secretary of the City of Farmersville is hereby directed to publish in the Official Newspaper of the City of Farmersville the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Local Government Code.  Section 11. ENGROSSMENT AND ENROLLMENT  The City Secretary of the City of Farmersville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the City Council of the City of Farmersville and by filing this Ordinance in the  Ordinance records of the City. Section 12. SAVINGS  All rights and remedies of the City of Farmersville are expressly saved as to any and all violations of the provisions of any Ordinances which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and ail pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until  final disposition by the courts.  Ordinance No. 2018-0508-002  Page 3of5    Section 13. EFFECTIVE DATE  This Ordinance shall take effect immediately upon its adoption and publication in  accordance with and as provided by Texas law. PASSED on first and only reading on the  day of  2018, at properly scheduled meetings of the City Council of the City of Farmersville, Texas, there being a quorum present, and approved by the Mayor on the date set out  below.  APPROVED THIS  DAY OF. APPROVED: BY:  2018.  Diane C. Piwko Mayor  ATTEST:  Sandra Green City Secretary  APPROVED AS TO FORM AND LEGALITY:  Alan D. Lathrom City Attorney  Ordinance No. 2018-0508-002  Page 4 of5    Exhibit 1 Subdivision Ordinance (Consisting of  pages.)  Ordinance No. 2018-0508-002  Page 5 of5    Agenda Section Regular Agenda Section Number V.C Subject To From Date Attachment(s)  Consider, discuss, and act upon Ordinance #0-2018-0508,003 regarding Rory & Linda Brannum's petition requesting inclusion of land into the City of Farmersville's Extra Territorial Jurisdiction (ETJ).  Mayor and Council Members Ben White, City Manager May 8, 2018  Ordinance #0-2018-0508-003 Concept Layout Map showing ETJboundary  Related Link(s) itlp/www.farmersvlelxcom/overmentlagendas and minutes/cit  y council meetings.php City Council discussion as required. Motion/secondvote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Consideration and Discussion Action  Motion/secondvote to continue to a later date.    CITY OF FARMERSVILLE ORDINANCE#0-2018-0508-03  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS ACCEPTING LAND INTO THE EXTRATERRITORAL JURISDICTION OF THE CITY OF FARMERSVILLE; PROVIDING FOR TERMS AND CONDITIONS REGARDING ACCEPTING LAND INTO THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF FARMERSVILLE; PROVIDING FOR THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY CLERK AND THE UPDATING OF THE CITY'S OFFICIAL MAP; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND SETTING AND PROVIDING FOR AN EFFECTIVE WHEREAS, the City of Farmersville, Texas ("City") has received a petition ("Petition") dated May 3, 2018, from the owner of certain property ("Property") requesting that the City include the Property within the City's extraterritorial jurisdiction ("ETJ"); and WHEREAS, the Petition is attached hereto as Exhibit 1 and incorporated by reference WHEREAS, the City Council of the City of Farmersville, Texas ("City Council"), has reviewed the Petition, along with the condition set forth in the Petition that the City will agree not to annex the Property for a period of five (5) years from the date that the Property is included in the City's ETJ, unless the owner of the Property gives written WHEREAS, the City Council of the City of Farmersville, Texas finds that it is in the best interest of the public health, safety and welfare to add the Property into the City's ETJ, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  DATE.  as ifset out in its entirety in the body of this Ordinance; and  consent to the City to annex the Property; and  subject to the condition set forth in the Petition.  FARMERSVILLE, TEXAS THAT:  SECTION1. INCORPORATION OF FINDINGS  All of the above premises are hereby found to be true and correct legislative and factual determinations of the City of Farmersville and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION2. EXPANSION OF EATRATERRITORAL JURISDICTION  Pursuant to Texas Local Government Code Section 42.022(b), the City hereby accepts and incorporates the Property, which consists of an approximately 9.448 acre tract of land located in Collin County, Texas, more particularly described in the Collin County Appraisal District property records as Abstract A0448 William Hemphill Survey, Sheet 1, Tract 24, and as shown as metes and bounds in Exhibit A attached to the Petition, into and as part of the City's ETJ effective immediately upon the passage of this Ordinance.  Ordinance # 0-2018-0508-003  Page 1of3    SECTION3. AGREEMENT NOT TO ANNEX WITHOUT CONSENT  Pursuant to Texas Local Government Code Section 212.172, the City hereby agrees that it will not annex the Property for a period of five (5) years from the date that the Property is included in the City's ETJ, unless the owner of the Property gives written  consent to the City to annex the Property.  SECTION4. FILING WITH THE COUNTY; MAP UPDATE  The City Secretary is hereby directed to file with the County Clerk of Collin County, Texas, a certified copy of this Ordinance, together with a copy of the Petition, as required by Texas Local Government Code Section 212.172. City staff is also directed to update its official map to reflect the expansion of the City's ETJ, as required by Texas  Local Government Code Section 41.001(c). SECTION5. SEVERABILITY CLAUSE  It is not the intent of the City to include any territory within the City's ETJ over which it has no legal right to include, but to include only such territory as may be legally included within the City's ETJ and as described in the Petition. Should any part of the Property described in the Petition not be subject to the City's power to include said part of the Property within the City's ETJ, the City nevertheless expressly indicates its intent to include those portions of the Property within the City's ETJ for which the City has the legal authority to include. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Royse City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses  and phrases be declared unconstitutional or invalid.  SECTION6. REPEALER CLAUSE  All ordinances of the City of Farmersville, Texas, in conflict with the provisions of this  ordinance be, and the same are hereby, repealed.  SECTION7: EFFECTIVE DATE of the caption as required by law.  This Ordinance shall take effect immediately from and after it passage and publication  PASSED on first reading and only reading on the  day of  2018 at a properly noticed meeting of the City Council of the City of Farmersville, Texas, there being a quorum present, and approved by the Mayor on the date set out below.  Ordinance # 0-2018-0508-003  Page 2of3    APPROVED THIS  DAYOF. APPROVED:  2018.  BY:  Diane C. Piwko, Mayor  ATTEST:  Sandra Green, City Secretary  Ordinance # 0-2018-0508-003  Page 3of3    EXHIBIT 1  PETITION REQUESTING INCLUSION OF LAND INTO  THE CITY OF FARMERSVILLE'S EXTRATERRITORIAL JURISDICTION  TO THE MAYOR AND CITY COUNCIL OF FARMERSVILLE, TEXAS:  We, Linda Kathryn Brannum & Rory E. Brannum, the owners of the real property conveyed to us in the Special Warranty Deed recorded on April 5, 2018, in the Collin County Real Property Records as Clerk's Document Number 20180405000421010, a true and correct copy of which is attached hereto as Exhibit A (hereinafter referred to as (the "Property"), which land is adjacent to and contiguous to the City of Farmersville's extraterritorial jurisdiction ("Farmersville's ETJ"), hereby submits this unconditional and irrevocable petition requesting, and consenting to, the inclusion of the Property into Farmersville's ETJ, as authorized by Texas Local Government Code Section 42.022(b) provided that the City agrees it will not annex the Property for a period of five (5) years from the date that the Property is included in Farmersville's ETJ, unless I or my successor-in-nterest as owner of the Property gives written consent to the City of  Farmersville to annex the Property.  We hereby certify that the Property is contiguous and adjacent to the City of Farmersville, Texas, and that this Petition Requesting Inclusion of Land into the City of Farmersville's Extraterritorial Jurisdiction is signed and duly acknowledged by each and  every person having an interest in said land.  Name_Lindal Kathryn Brannum Title: Progerty Owner  AHB  By:  Nâme: RopE. Brannum Title: Propérty Owner  h  THE STATE OF TEXAS COUNTY OF Dallas  BEFORE ME, the undersigned authority, on this day personally appeared Linda Kathryn Brannum, in her capacity as owner of Property, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he she executed the same for the purposes and consideration therein expressed.  Given under my hand and seal of office, this  of day lay  344  2018.  MARY ELIZABETH WILCOX NotaryPublic, State of Texas My Commission Expires August 11, 2019  afhk AHr  Notary Piublic in and for Dalas  Texas.  County,    THE STATE OF TEXAS COUNTY OF. Dallas  BEFORE ME, the undersigned authority, on this day personally appeared Rory E. Brannum, in He? capacity as owner of Property, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this suk day of  2016.  Hlay  OHor County, Texas.  MARY ELIZABETH NotaryP Public. Stote ofl Texos My Commission Expires August 17. 2019  Ehabh  WILCOX  CAla  Notary Public in and for Dalas    EXHIBIT A  SPECIAL WARRANTY DEED Recorded on April 5, 2018, in the  Collin County Real Property Records as Clerk's Document. Number 20180405000421010    EXHIBIT A  eRtO/-S  20180405000421010 04/05/2018 02:30:10 PMI D1 1/4  NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER ORYOURI DRIVER'S LICENSE NUMBER.  SPECIAL WARRANTY DEED WIHVENDORSLEN,  STATE OF TEXAS COUNTYOF COLLIN  KNOW ALL PERSONS BY THESE PRESENTS:  THAT, GARY W. BRANNUM and CYNTHIA JERE BRANNUM, husband and wife, residents of the State of Texas (together, "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) In hand paid to Grantor by LINDA KATHRYN BRANNUM and RORY E. BRANNUM, (together, "Grantee"), whose mailing address is 2624 Dixiana Drive, Farmers Branch, Dallas County, Texas 75234, and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto Grantee all of Grantor's right, title, and interest in and to that certain real property located in Collin County, Texas, being more particularly described on Exhibit "A" altached hereto and made a part hereof for all purposes, together with all improvements and fixtures situated thereon and any and all appurtenances belonging or appertaining thereto (said real property and fixtures together with any and all of the related rights and appurtenances being herein collectively referred to as the TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in any way! belonging unto Grantee, its successors and assigns forever, subject to the matters herein stated; and Grantor does hereby bind itself andi its successors and assigns to warrant and forever defend all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise; provided that this conveyance and the warranty of Grantor herein contained are subject to (a) the matters herein stated and (b) the matters described on Exhibit "B" altached hereto (the "Permitted Encumbrances"), to the full extent same are valid and pertain to the Property. Grantor waives and releases all rights of GRANTEE, BY THE ACCEPTANCE OF THIS DEED ("DEED"), ACKNOWLEDGES THAT THE CONVEYANCE OF THE PROPERTY IS SPECIFICALLY MADE "AS-IS" AND WHERE-IS", WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN LIMITED), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE TEXAS BUSINESS AND COMMERCE CODE OR OTHERWISE. GRANTOR EXPRESSLY RETAINS A VENDOR'S LIEN AND SUPERIOR TITLE TO THE PROPERTYTO SECURE THE PAYMENT OF THAT CERTAIN PROMISSORY NOTE OF  "Property").  dower, curtesy, andl homestead.    Skuoror2s-L/097/185/MX  NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR  SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.  SPECIAL WARRANTY DEED (WITH VENDOR'S LIEN)  STATE OF TEXAS COUNTY OF COLLIN  KNOW ALL PERSONS BY THESE PRESENTS:  THAT, GARY W. BRANNUM and CYNTHIA JERE BRANNUM, husband and wife, residents of the State of Texas (together, "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to Grantor by LINDA KATHRYN BRANNUM and RORY E. BRANNUM, (together, 'Grantee"), whose mailing address is 2624 Dixiana Drive, Farmers Branch, Dallas County, Texas 75234, and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto Grantee all of Grantor's right, title, and interest in and to that certain real property located in Collin County, Texas, being more particularly described on Exhibit "A" attached hereto and made a part hereof for alli purposes, together with all improvements and fixtures situated thereon and any and all appurtenances belonging or appertaining thereto (said real property and fixtures together with any and all of the related rights and appurtenances being herein collectively referred to as the TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in any way belonging unto Grantee, its successors and assigns forever, subject to the matters herein stated; and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise; provided that this conveyance and the warranty of Grantor herein contained are subject to (a) the matters herein stated and (b) the matters described on Exhibit "B" attached hereto (the "Permitted Encumbrances"), to the full extent same are valid and pertain to the Property. Grantor waives and releases all rights of GRANTEE, BY THE ACCEPTANCE OF THIS DEED ("DEED"), ACKNOWLEDGES THAT THE CONVEYANCE OF THE PROPERTY IS SPECIFICALLY MADE "AS-IS" AND WHERE-IS", WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN LIMITED), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE TEXAS BUSINESS AND COMMERCE CODE OR OTHERWISE. GRANTOR EXPRESSLY RETAINS A VENDOR'S LIEN AND SUPERIOR TITLE TO THE PROPERTY TO SECURE THE PAYMENT OF THAT CERTAIN PROMISSORY NOTE OF  "Property").  dower, curtesy, and homestead.    EVEN DATE HEREWITH, MADE BY GRANTEE, PAYABLE TO GRANTOR, IN THE ORIGINAL PRINCIPAL AMOUNT OF ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100S All ad valorem taxes and assessments for the Property for the year 2018 have been prorated and Grantee hereby expressly assumes liability for the payment thereof for subsequent years. If such proration was based upon an estimate of such taxes and assessments for the year 2018, then upon demand Grantor and Grantee shall promptly and equitably adjust all such taxes and assessments as soon as actual figures for these items for calendar year 2018 are EXECUTED on the date of the acknowledgment herein below, to be effective as of the  DOLLARS ($125,000.00).  available. 5" day of April, 2018.  GRANTOR:  W. 60B Garyl Bfannum Cyhthia Jere-Brannum  GiRn Ban  STATE OF TEXAS COUNTY OFA  This instrument was acknowledged before me on the  of April, 2018, by GARY  W. BRANNUM. AND CYNTHIA.  Sf  JERE BRANNUM. MAVIS L. KILGORE/ ID#638895-5 Notary Public, Slate of1 My Commission Expires 12/14/2018  [SEAL] Commission My  R  Expires:  Printed Name of Notary  Notary ID: #:    EXHIBIT "A" LEGAL DESCRIPTION  File No.: 01128-61097  BEING all thatt tract of land in Collin County, Texas, out of the William Hemphill Survey, A-448, and being part oft that called 10.416 acres of land described in a deed to Ernest Brannum and Carol Ann Brannum as recorded in' Volume 1341, Page 753 of the Deed Records of Collin County, Texas, and being further BEGINNING at a point in the center of County Road No. 655, and at the Northwest corner of that called 0,97 acres of land described in a deed to Joe David Howington as recorded under CC# 20171229001716910 of the Official Public Records of Collin County, Texas, from which a 5/8 inch stee! rod found bears South 01 degrees 35 minutes 08 seconds West, 30.00 feet forv witness; THENCE South 01 degrees 35 minutes 08 seconds West, 150.00 feet to a 5/8 inch steel rod found at the THENCE South 88 degrees 41 minutes 47 seconds East, 281.00 feet to a point in the center of County Road No. 653, and at the Southeast comer of said 0.97 acres, from which a 5/8 inch steel rod found THENCE South 01 degrees 35 minutes 08 seconds West, 485.98 feet along the center of said County Road No. 653 to a point on the North line of the Kansas City Souther Railroad (100), and at the Southeast corner of said 10.416 acres, from which a 5/8 inch steel rod set bears North 64 degrees 22 THENCE North 64 degrees 22 minutes 03 seconds West (Directional Control Line), 788.52 feet along the THENCE Northwesterly, 763.61 feet along said railroad and a curve to the left having a radius of 2878.00 feet and a central angle of 15 degrees 12 minutes 08 seconds (Chord bears North 71 degrees 58 minutes 07 seconds' West, 761.37 feet) to a 5/81 inch steel rods set att the Southwest corner of said 10.416 acres; THENCE North 00 degrees 33 minutes 53 seconds East, 75.30 feet to a point in the center of said County Road No. 655, and at the Northwest corner of said 10.416 acres, from which a 5/8 inch steel rod THENCE South 89 degrees 30 minutes 46 seconds East, 1170.87 feet along the center ofs said County  described as follows:  Southwest comer of said 0.97 acres;  bears North 88 degrees 41 minutes 47 seconds West, 30.00 feet for witness;  minutes 03 seconds West, 32.85 feet for witness;  North line of said railroad to a 5/8 inch steel rod set at point of curve;  set! bears South 00 degrees 33 minutes 53 seconds West, 50.00 feet for witness; Road No. 655 to the POINT OF BEGINNING, containing 9.72 acres of land.  File No.: 01128-61097 ExhibitALegal Description  Page 1of1    Exhibit' "B"  PERMTTED ENCUMBRUANCES  All liens, easements, restrictions, conditions, covenants and encumbrances of record, and all zoning ordinances and govemmental regulations, to the extent the same are valid and subsisting and affect the Property, and except for ad valorem taxes assessed against the Property for the calendar year in which this conveyance becomes effective (the payment of  which taxes is hereby expressly assumed by Grantee).    Exhibit"B"  PERMITTED ENCUMBRUANCES  AII liens, easements, restrictions, conditions, covenants and encumbrances of record, and all zoning ordinances and govemmental regulations, to the extent the same are valid and subsisting and affect the Property, and exceptf for ad valorem taxes assessed against the Property fort the calendar year in whichi this conveyance beçomes effective (the payment of  which taxes is hereby expressly assumed by Grantee).  Fled and Recorded Oficial Public Records Stacey Kemp, County Clerk Collln County, TEXAS 04/05/2018 02:30:10 PM $38.00 CJAMAL 7018005900421010 fkne    CAUDD 153 ACRES THOMAS JOHN 20180219000171850 CRECONY C  CALED  RECNALD a vos DAASAAA 9a 1347  9NT  Ooet Resd 55  CALLED a97 Aes a syo HOG a pf722Md0171910 a47 Rdza or 1.017 ACRES 4302 a. F vor 1.288 ACRES 56.094 sa. FT  .74 CRES 61  2.835 ACRES 23,502 so. T.   shewn or overley ef Coiln ve M  SCALE 1"=100  CURVE bUS  CHO ENCTH CHORD BEARING DEA  4170 a  14493  VICINITY MAP (Nbt to Scole)  OVIDCD a  plet à le crecle 5 plated lots. caled In Formerile IsD. paled nin Zane N a seeled 46085C03404, duted JAine 2, g defined as orees pullde the 0zx ennual chence ation ef underground unes on Tenos Pane Coerdfinole Central Zone 4202, NADSS. ien ef thh of -  UBJLCT  Suhjec! Ineet l leccled  he omerntile hdpendent Seheel Dhirket (T4S0 Property. pgrtiolly. lpocled  y ef Fermers Teroe Jur Terrfioriol 55  by meee    E  B08    VI. Regular Agenda    Agenda Section Regular Agenda Section Number VI.A Subject To From Date Attachment(s)  Presentation from TxDOT regarding U.S. Highway 380.  Mayor and Council Members Ben White, City Manager May 8, 2018 None  Related Link(s) ittp:/www.farmersvletxcomlgovernmentlagendas and minutes/cit  yc council meetings.php City Council discussion as required Motion/second/vote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Consideration and Discussion Action  Motion/second/vote to continue to a later date.    Agenda Section Regular Agenda Section Number VI.B Subject To From Date Attachment(s)  Consider, discuss, and act upon Kimley-Horn's recommendation for contractor regarding the Wastewater Treatment Plant 1  Rehabilitation.  Mayor and Council Members Ben White, City Manager May 8, 2018  Recommendation letter from Kimley-Horn  Related Link(s) itp/www.farmersvlelxcomlsovermentlagendas and minutes/cit  ycouncil meetings.php City Council discussion as required Motion/second/vote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Consideration and Discussion Action  Motion/secondvote to continue to a later date.    KimleyHorn  May 3, 2018 Mr. Ben White City of Farmersville 205 S. Main Farmersville, TX 75442 KHAN0.061290100 Dear Mr. White:  Re: Wastewater Treatment Plant 1 Rehabilitation - Bid Results  On May 1, 2018, sealed bids were received and opened by the City of Farmersville for the referenced  project. Asummary of the bids is below. Contractor Heritage Constructors, Inc. Eagle Contracting, L.P. Red River Construction Co. Gracon Construction, Inc. Felix Construction CO. LAMARC, Inc.  Total Base Bid $892,230.00 $891,000.00 $1,016,500.00 $1,060,900.00 $1,074,657.00 $1,176,264.00  Additive Bid Alternate $197,000.00 $216,000.00 $265,200.00 $210,000.00 $264,523.00 $317,000.00  Total Contract Value $1,089,230.00 $1,107,000.00 $1,281,700.00 $1,270,900.00 $1,339,180.00 $1,493,264.00  The detailed bid tabulation is attached for your review.  Kimley-Horn and Associates (KHA) has reviewed the lowest bidder's references, financial statements, andl has verified that the Contractor's bonding company is licensed int the State of Texas. Based on these reviews, it appears that Eagle Contracting, L.P. is the lowest responsible bidder.. Based on the City's available budget, Kimley-Horn recommends awarding the contract to Eagle Contracting, L.P.  for an amount of $891,000.00 for the Total Base Bid tol be Awarded. Ify youl have any questions or comments, please call me at (817)339-2255.  Very truly yours, TBPE No. F-928 AKs Kyle Kubista, P.E. Attachment  KIMLEY-HORN AND ASSOCIATES, INC.  KFTAUasacegoaeESadAyaien doc  kimiey-hom.com 801 Cherry Street, Unit 11, Suite 1300, Ft. Worth, TX76102  8173356511        Agenda Section Regular Agenda Section Number VI.C Subject To From Date Attachment(s)  Consider, discuss, and act upon the Human Capital Management - Saas License Agreement for the Police Department.  Mayor and Council Members Ben White, City Manager May 8, 2018 Agreement  Related Link(s) ittp/www.farmersvletxcomlsovernmentlagendas and minutes/cit  ycouncil meetings.php City Council discussion as required. Motion/second/vote Approve Approve with Updates - Disapprove - Approve Disapprove Move item to another agenda. No motion, no action  Consideration and Discussion Action  Motion/secondvote to continue to a later date.    PM AM  PM AM Corporation  Human Capital Management - Saas License Agreement  1. GENERAL: This Human Capital Management - Saas License Agreement ("Agreement) is a legally binding agreement between Farmersville, TX Police Department ("Licensee") with its principal offices at 205 S. Main, Farmersville, TX 75442 and PM AM Corporation ("PM AM") with its principal offices at 5430 LBJ Freeway, Suite 370, Dallas, TX 75240 and governs the terms and conditions that apply to delivery of Software as a Service ("Saas") services as described in this 2. SERVICE AND USE OF SERVICE: The Saas is a software application service which PM. AM owns, provides via the internet referred to herein as Human Capital Management, ("HCM" or "HCM Program"). HCM is used to manage Licensee's workforce. HCM allows for managing knowledge integration, distributing and tracking policy changes, and includes a broad assortment of tools used in the Performance Appraisal process. The software is installed at a server at PM AM or at PM. AM's election, at a third party. The service is used via internet or other data connection. Subject tot the terms and conditions oft this Agreement, PM AM grants to Licensee, the non-exclusive, non-transferrable, and non-sublicensable rights to use the HCM software during the term of this Agreement for the sole purpose of assisting Licensee in managing Licensee's workforce, including use to manage, train, test, assess, and track Licensee's internal talent using the HCM software and access controlled website ("HCM Website") for the management of Licensee's documents, records and other data ("Licensee Data"), which such purpose is hereinafter referred to as the "Permitted Purpose." Licensee may not use the HCM Program for any purpose other thant the Permitted Purpose. This license coversa and includes all related interfacing modules that may be used in order toi interface HCM  Agreement.  with existing onsite applications and processes.  Notwithstanding the preceding, Licensee may not resell, license or distribute the HCM software to any third party or use the HCM software for any purpose other than the, Permitted Purpose or share login information and passwords relating to the HCM Program with any third party; provided, however, Licensee may permit its employees to access the HCM Website to use the HCM software for the Permitted Purpose by assigning such employees a user  identification number and password ("Permitted Users").  From time to time during the term of this Agreement, PM AM may adopt and update rules pertaining to the use of the HCM Program and HCM Website. Licensee shall be bound by and observe, and Licensee shall cause its Permitted  Human Capital Management, HCM- Saas License Agreement  119    PM AM Corporation  Human Capital Management - Saas License Agreement  Users to observe, such updated rules in using the HCM program after receipt ofa copy of such rules or after such updated rules are posted on the HCM Website. 3. LICENSE VALIDITY: This license is valid during the term oft this Agreement sO long as Licensee are current on service fees and have not breached any of 4. TERM: The initial term of this Agreement shall bei for a period of one year commencing on 5/1/2018 and ending on the dayimmediately preceding the one- year anniversary of said commencement date ("Initial Term"), subject to earlier termination as set forth herein. Upon expiration of the Initial Term, this Agreement shall be subject to automatic extension from year to year thereafter (each an "Extended Term") on the same terms and conditions as set forth herein, unless either party notifies the other in writing at least 60 days prior to the expiration of the Initial Term or the Extended Term that such party will not further extend the 5. USER LEVEL: PM. AM will provide to Licensee with 20 user IDs necessary to permit Licensee's Permitted Users to access the HCM Program for the Permitted 6. SERVICE FEE: A onetime service fee of $975.00 for one year ofs service on a Net 30 days of invoice date. All fees payable under this Agreement are calculated based on the then current fee schedule as provided by PM AM from time to time. Access to data and services is conditioned upon the timely payment ofservice fees. Licensee agree to pay any sales, value-added or other similar taxes (collectively, "Sales Taxes") imposed by applicable law that PM AM must pay based on the services Licensee orders, except for taxes based on PM. AM's income. All amounts invoiced hereunder are due and payable within 30 days of the date of the invoice. Licensee, on behalf of itself and its Permitted Users, acknowledges and agrees that access to data and the services provided by PM AM hereunder are conditioned upon the timely payment of all Fees and Sales Taxes payable to PM  Licensee's obligations contained in this Agreement.  term of this Agreement.  Purpose.  AM in accordance with the terms of this Agreement.  Human Capital Management, HCM- Saas License Agreement  219    PM AM Corporation  Human Capital Management - Saas License Agreement  7. SERVICE AND SUPPORT: During the term of this Agreement, the following service and support is included within the annual fee: (a) training will be available to Licensee over the internet, and (b) customer service will be available from 8:30 am to 4:30 pm Central Standard Time, Monday through Friday, unless such day is aU.S. Federal or State holiday, via means oft telephone or over the internet through  the use of remote access software.  IfPM AM carries out an update or upgrade of the HCM software, it will be provided to Licensee free of charge. No guarantee is made that updates or upgrades will be available. IfLicensee requests a modification to the HCM: software, PM AM will provide to Licensee ai fee estimate and time estimate for providing the modification if applicable. At PM AM's election, the HCM software modification 8. RESTRICTIONS ON USE AND ACCESS TO HCM WEBSITE: Licensee shall have sole responsibilityandi liability for Licensee Data. Licensee shall not submit, or permit any ofi its Permitted Users to submit, to the HCM' Website any Licensee Data or other documents ori information that are: illegal, false, defamatory, or otherwise 9. SOFTWARE OWNERSHIP: All software and modules and modifications are the sole property of PM. AM and all rights not expressly granted to Licensee ini this Agreement are reserved by PM AM. PM AM is the owner of title, copyright, and other intellectual property. The software is licensed, not sold. The rights of use in this Agreement refer only to the object code and not to the source code. Neither Licensee nor its Permitted Users may reverse engineer, decompile, or otherwise disassemble the software or otherwise attempt to derive any source code related to the HCM software or any other technology used by PM AM to provides the services hereunder to Licensee. The HCM or the Saas services may not be copied orr modified in any manneri by Licensee, and Licensee shall cause its Permitted Users tonot copy or modify the HCMortl the Saas services in any manner. This Agreement does not grant to Licensee or its Permitted Users any rights to trademarks or 10. OWNERSHIP OF DATA: Unless otherwise contested by a third party, Licensee shall retain sole ownership of all data of Licensee entered into HCM by Licensee or its Permitted Users during the term of this Agreement. Licensee is responsible for maintaining the security and confidentiality of all usernames and passwords used by Licensee's Permitted Users. Subject tot the terms and conditions  shall be available to all of PM. AM's customers.  in violation of applicable federal or state law.  service marks of PM AM.  Human Capital Management, HCM Saas License Agreement  319    PM. AM Corporation  Human Capital Management- - Saas License Agreement  of this Agreement, Licensee grants PM AM a non-exclusive license to use and exploit the Licensee Data to the extent reasonably necessary to enable PM. AM to perform its obligations to Licensee under this Agreement. PM AM will use commercially reasonable efforts to keep Licensee Data protected. Upon request 11. DATAPRIVACY: Licensee and PM AM: both agree to maintain and obligate their employees to maintain the confidentiality of all information not generally known relating to this Agreement and HCM or the data of the other party which becomes accessible through the preparation and performance of this Agreement, and not to disclose such information to a third party. Notwithstanding the preceding, the confidentiality and non-disclosure obligations set forth in this Section do not apply to Licensee Data which (A) is generally. available to the public other than as a result of disclosure by PM AM, (B) PM. AM can establish was known to PM. AM before disclosure by Licensee, (C) is obtained by PM AM after the date hereof from at third party thati is lawfully in possession of such information and who is not under any obligation to keep such information confidential, and (D) is required or requested to be disclosed by court order, subpoena, data request or 12. DATA ACCESS: During the term of this Agreement and subject to thet terms hereof, PM AM will provide Licensee with 24/7 access to Licensee Data on the HCM platform atar minimum with 98% uptime, measured monthly, excluding the periods of maintenance, updates, upgrades, modification implementation, and Force Majeure Events (as defined herein). PM AM has the right to suspend or disconnect the service wholly or partly if necessary for repair, upgrade, or maintenance. PM AM will perform maintenance on a regular basis, communicate such maintenance on a reasonable basis, and if possible, communicate in advance and perform the maintenance on off-peak periods. If Licensee's Data becomes inaccessible due to problems at PM. AM's facilities other than during periods of maintenance, updates, upgrades, modification implementation, or a Force Majeure Event, PM AM will refund 1 day of service fees for every hour Licensee or its Permitted Users are not able to access Licensee data for a maximum of sixty (60) days; provided, if multiple Permitted Users are not able to access their respective data for the same hourly time period, such non-access shall be deemed to be for one hour, regardless of the number of Permitted Users denied access during such one hour period. Such payment is the sole remedy for failure of any service obligations or other breach of this Agreement by PM AM. Upon termination of this Agreement or Licensee  PM AM will provide backups to Licensee for Licensee'sstorage.  other legal process.  Human Capital Management, HCM Saas License. Agreement  419    PM AM Corporation  Human Capital Management - Saas License Agreement  migrates to any other platform PM AM will, upon written request from Licensee within 30 days after termination of this Agreement or the date Licensee migrates to another platform, whichever is applicable, provide a copy of any Licensee Data in PM AM's possession or under its control. Thereafter, PM AM: shall have no further  obligation to retain any Licensee Data.  13. TERMINATION:  (a) Termination by Licensee. There are no cancellation fees. Licensee may terminate this Agreement at any time without cause by providing PM AM with written notice of termination a minimum of 30 days prior to Licensee's desired  termination date.  (b) Termination by PM AM. If Licensee fails to make timely payments or breaches any other ofi its obligations hereunder, PM. AM mayi immediately block access to HCM and upon written notice to Licensee, terminate this Agreement effective immediately. In addition, to the rights and remedies set forth above, PM AM may terminate this Agreement at any time without cause upon written notice of termination to Licensee a minimum of 30 days prior to PM AM's desired  termination date.  (c) Effect of Termination. Upon the expiration or other termination of this Agreement, the access of Licensee and its Permitted Users to the HCM Program and platform shall immediatelyterminate, subject to the obligation ofPM AM to provide a copy of Licensee's Data in PM AM' possession to Licensee in accordance with the provisions of Section 12 hereof. The provisions of Sections 6, 9,10,11,13,15,16, 17, and 18 shall survive the expiration or termination of this 14. WARRANTY: PM AM represents and warrants that it has title and ownership of HCM and has the authority to grant the license hereunder. 15. DISCLAIMER OF WARRANTY: THE SOFTWARE AND ITS RELATED MATERIAL ARE PROVIDED "ASIS" AND WITHOUTWARRANTY OF ANY KIND, AND PM AM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL MEET ANY CUSTOMER REQUIREMENTS. PM AM  Agreement.  Human Capital Management, HCM Saas License Agreement  519    PM AM Corporation  Human Capital Management - Saas License Agreement  DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED UNINTERRUPTED, TIMELY, ERROR FREE OR MALWARE FREE. LICENSEE ACKNOWLEDGETHAT PMAMDOES NOT CONTROLTHE TRANSFEROFD DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECTTO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNCATION FACILITIES. PM AM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR  OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.  16. INDEMNIFICATIONE  (a) Indemnification by PM AM. SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SECTION 16, PM AM WILL DEFEND, INDEMNIFY, AND HOLD LICENSEE AND ITS OFFICERS AND DIRECTORS (OR MANAGERS, IF LICENSEE IS A LIMITED LIABILITY COMPANY OR GENERAL PARTNERS IF LICENSEE IS A PARTNERSHIPCTHE "LICENSEE INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES (COLLECTIVELY, LOSSES") BROUGHT AGAINST LICENSEE ALLEGING THAT LICENSEE'S USE OF THE HCM SOFTWARE INFRINGES ON A PATENT, COPYRIGHT, TRADEMARK, OR A TRADE SECRET OWNED BY SUCH THIRD PARTY. WITHIN SIXTY (60) DAYS AFTER BEING NOTIFIED OF THE CLAIM, PM AM SHALL, AT ITS OWN EXPENSE, EITHER (1) OBTAIN FOR LICENSEE THE RIGHT TO CONTINUE USING THE HCM SOFTWARE, (2) IF BOTH PARTIES AGREE, REPLACE OR MODIFYTHEMWITHCOMPATIBLE AND FUNCTIONALLY EQUIVALENT PRODUCTS THAT DO NOT INFRINGE UPON THE RIGHTS OF  THIRD PARTIES.  (b) Indemnification by Licensee. SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SECTION 16, LICENSEE WILL DEFEND, INDEMNIFY, AND HOLD PM AM AND ITS OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ALL LOSSES INCURRED BY PM AM ARISING FROM OR RELATED TO THE BREACH OF  LICENSEE'S DUTIES OR OBLIGATIONS HEREUNDER.  (c) Limitation on Indemnification Obligations. PM AM SHALL HAVE NO OBLIGATION TO INDEMNIFY THE LICENSEE INDEMNIFIED PARTIES TO THE EXTENT THAT THE ALLEGED INFRINGEMENT AROSE FROM THE  Human Capital Management, HCM- Saas License Agreement  619    PM AM Corporation  Human Capital Management - Saas License Agreement  MODIFICATION OF THE HCM SOFTWARE BY LICENSEE OR A PERMITTED USER OR RESULTED FROM THE USE OF THE HCM SOFTWARE FOR OTHER THAN A PERMITTED PURPOSE. IN ADDITION, IN NO EVENT WILL ANY INDEMNIFYNG PARTY BE RESPONSIBLE TO ANY INDEMNIFIED PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS OF PROFIT, LOSS OF USE, UNREALIZED SAVINGS, LOSS OF EARNINGS, OR BUSINESS OR PRODUCTION INTERRUPTION, INCIDENTAL, EXEMPLARY, OR PUNITIVE  DAMAGES.  (d) Notice and Defense ofl Indemnification Claim. Within 15 days after receipt by an indemnified party under Section 16(a) or (16(b) of notice of the commencement of any action, such indemnified party shall, if a claim in respect thereof is to be made against an indemnifying party under such Section, give written notice to the indemnifying party of the commencement thereof, but the failure sO to notify the indemnifying party shall not relieve it of any liability that it may have to any indemnified party except to the extent the indemnifying party demonstrates that the defense of such action is prejudiced thereby. In case any such action shall be brought against an indemnified party and it shall give written notice to the indemnifying party of the commencement thereof, the indemnifying party shall be entitled to participate therein and, to the extent that it may wish, to assume the defense thereof with counsel reasonably satisfactory to such indemnified party. Ifthe indemnifying party elects to assume the defense of such action, the indemnified party shall have the right to employ separate counsel ati its own expense and to participate in the defense thereof. Ifthe indemnifying party elects not to assume (or fails to assume) the defense of such action, the indemnified party shall be entitled to assume the defense of such action with counsel of its own choice, at the expense of the indemnifying party. If the action is asserted against both the indemnifying party and the indemnified party and there is a conflict of interests which renders it inappropriate for the same counsel to represent both the indemnifying party and the indemnified party, the indemnifying party shall be responsible for paying for separate counsel for the indemnified party; provided, however, that if there is more than one indemnified party, thei indemnifying party shall not be responsible for paying for more than one separate firm of attorneys to represent the indemnified parties, regardless of the number of indemnified parties. If the indemnifying party elects to assume the defense of such action, (a) no compromise or settlement thereof may be effected by the indemnifying party without the indemnified party's written consent (which shall not be unreasonably withheld) unless the sole relief provided is monetary  Human Capital Management, HCM Saas License Agreement  719    PM AM Corporation  Human Capital Management - Saas License Agreement  damages that are paid in full by the indemnifying party and (b) the indemnifying party shall have no liability with respect to any compromise or settlement thereof effected without its written consent (which shall not be unreasonably withheld). 17. LIABILITY: PM AM is released from its obligations to perform services under this Agreement! ifand to the extent that such failure is due to the occurrence of an act, event or condition which was not reasonably foreseeable and/or the consequences of which cannot reasonably be removed or avoided by PM AM, including, without limitation, national emergency, acts of God, strikes or other labor issues, disruption of electrical service, cable or network damage caused bya a third party, or natural disasters (a "Force Majeure Event"). PM AM's liabilityarising out of orin connection with a defect or failure ins service is limited to the correction oft the defect or failure or alternatively, the re-performance of the service, EXCEPT FOR PM AM'S OBLIGATION TO INDEMNIFY LICENSEE AGAINST A THIRD PARTY CLAIM FOR INFRINGEMENT PURSUANT TO THE PROVISIONS OF SECTION 16 HEREOF, IN NO EVENT WHATSOEVER SHALL PM AM BE LIABLE TO LICENSEE OR ITS SUCCESSORS OR ASSIGNS OR PERMITED USERS FOR MONETARY DAMAGES ATTRIBUTABLE TO ITS ACTIONS OR INACTIONS, WITH RESPECT TO THE HCM PROGRAM OR ITS SERVICES PROVIDED HEREUNDER, WHETHER FOR INDEMNIFICATION OR OTHERWISE. 18. GENERAL: THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO THE CONFLICT LAWS RULES OR CHOICE OF LAWS RULES THEREOF. VENUE FOR. ANY ACTION BROUGHT RELATING TOTHIS AGREEMENT OR LICENSEE'SUSE OF THE HCM SOFTWARE SHALL BE PROPER ONLY IN THE STATE. AND FEDERAL COURTS FOR DALLAS COUNTY, TEXAS, WHICH COURTS ARE THE EXCLUSIVE COUTS OF VENUE AND JURISDICTION. The headings are convenience only and do not effect the terms or provisions hereof. This Agreement may not be assigned by Licensee. This Agreement contains the entire agreement of the parties and supersedes any prior or contemporaneous agreement or discussion. This Agreement may be amended  only by written agreement signed by all parties.  The parties hereto caused this Agreement to be executed by their duly  authorized representatives.  Human Capital Management, HCM- Saas License Agreement  819    PM AM Corporation  Human Capital Management - Saas License Agreement  Farmersville. TX Police Department Name: Michael P. Sullivan  Title: Signature: Date:  ChiefofPolice  11  PM AM Corporation Name: Archit Kumar  Title: Signature: Date:  Director-H HCM a7 4/.20/.2018  Human Capital Management, HCM Saas License Agreement  919    Agenda Section Regular Agenda Section Number VI.D Subject To From Date  Consider, discuss, and act upon appointment of a new member to  the North Texas Municipal Water Board. Mayor and Council Members Ben White, City Manager May 8, 2018  Attachment(s) Letter from North Texas Municipal Water District  Related Link(s) ittp/www.farmersvletxcomlgovermentagendas and minutes/cit  ycouncil meetings.php City Council discussion as required. Motion/secondivote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Consideration and Discussion Action  Motion/second/vote to continue to a later date.    NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Uniry April 5,2018  Mr. Ben' White, City Manager City of Farmersville 205 South Main Street Farmersville, Texas 75442 Dear Mr. White:  RE: NTMWD BOARD MEMBER APPOINTMENT  The current term of office for some of the Directors of the North Texas Municipal Water District (NTMWD) Board will end in May. Please accept this as is your official notification that Mr. Wayne May's current term as an NTMWD Board Director will expire on May 31, 2018. The City Council has the option to either reappoint Mr. May or appoint a new Director to serve the term from June 1,2018, to May 31, 2020. The NTMWD appreciates the service Mr. May has provided to the NTMWD. He was appointed by the City of Farmersville in 2015 and currently serves on the Solid Waste and Personnel Committees. Ina accordance with the statute creating the District (Article 8280-141), the qualifications of al Directori include the following: "No person shall be appointed a Director unless he resides in and owns taxable property in the city from which hei is appointed. No member of a governing body of a city, and no employee ofa a city, shall be appointed as al Director."Under other state law, no other public official that receives compensation could be appointed. A list of roles and responsibilities of an NTMWD Board member is enclosed for Please notify my office in writing once the City Council has appointed. a Director for the new term. Should you have any questions or need additional information, please do not hesitate to contact my office.  reference.  Sincerely,  ZKoreb THOMAS W. KULA Executive Director  TWK/mcf Enclosure cc: Mr. Wayne May  Ms. Sandra Green, City Secretary  505E. Brown Street . P.O. Box 2408 Wylie, Texas 75098-2408 . Telephone: (972)442-5405 Fax:(972)295-6140    NTHWD.COM  NTMWD BOARD OF DIRECTORS ROLES AND RESPONSIBILITES  The North Texas Municipal Water District (NTMWD) Board of Directors serves as the governing body of NTMWD. The Board of Directors guides the NTMWD towards a sustainable future by adopting soundgovernance andi financial management policies and ensuring adequate resources to meet the region's needs. The Board has a responsibility to provide guidance to management and staff and ensure operations run smoothly and in accordance with the law. Some specific  responsibilities of the Board of Directors include:  Establish and support the NTMWD mission and purpose Select and evaluate the Executive Director/General Manager Set policies and ensure effective planning Ensure adequate financial resources Monitor and strengthen essential programs and services Protect assets and provide proper financial oversight Ensure legal and ethical integrity Enhance the organization's public standing  The Board of Directors meets monthly - generally on the 4th Thursday of each month. This schedule may be adjusted due to holidays. The Board of Directors also meets in Special Workshops semi-annually for long-term planning as well as on an as-needed basis for other  purposes.  Each Board member serves on at least two standing Committees, such as:  Water Wastewater Solid Waste FinancelAudit Personnel Insurance  Directors may also serve ont the Legislative Committee, Special Purposes Committees as needed,  and the Chairman of each Committee serves on the Policy Committee.    Agenda Section Regular Agenda Section Number VI.E Subject To From Date Attachment(s)  Presentation from Police Chief Mike Sullivan regarding police officer  salaries.  Mayor and Council Members Ben White, City Manager May 8, 2018 None  Related Link(s) itp-/ww.farmersvletxcomlgovernmentlagendas and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Chief Sullivan to lead discussion. City Council discussion as required.  Motion/secondvote Approve Approve with Updates Disapprove - Approve Disapprove Move item to another agenda. No motion, no action  Motion/second/vote to continue to a later date.    Agenda Section Regular Agenda Section Number VI.F Subject To From Date Attachment(s)  Update on Camden Park. Mayor and Council Members Ben White, City Manager May 8, 2018 None  Related Link(s) ittp/www.farmersvlelxcomlgovernmentlagendas and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Ben White to lead discussion. City Council discussion as required.  Motion/second/vote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. Nor motion, no action  Motion/second/vote to continue to a later date.    Agenda Section Regular Agenda Section Number VI.G Subject To From Date Attachment(s)  City Secretary Presentation regarding the utilization of technology for  agenda packets. Mayor and Council Members Ben White, City Manager May 8, 2018 None  Related Link(s) itipy/www.armersyletx.comlgovemnmenlagendas and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Sandra Green to lead discussion. City Council discussion as required.  Motion/secondvote Approve Approve with Updates Disapprove Approve Disapprove Move item to another agenda. No motion, no action  Motion/secondvote to continue to a later date.    VII. Executive Session    VIII. Reconvene From Executive Session    IX. Requests to be Placed on Future Agendas    X. Adjournment