FLATONIA) CITY OF FLATONIA REGULAR CITY COUNCIL MEETING Council Chambers/City Hall 125 E. South Main, Flatonia, Texas 78941 November 14, 2023 City Council Meeting 6:00 pm AGENDA Opening Agenda Call to Order Invocation & Pledge Citizens' Participation Police Chief Utility Director Code Enforcement City Manager Consent Agenda Reports October Activity October Report October Report October Report C1. Consider and take appropriate action on the October 4, 2023, meeting minutes. C2. Consider and take appropriate action on the October 16, 2023, meeting minutes. C3. Consider and take appropriate action on the financial statements for October 2023. Deliberation Agenda DA11.1.2023.1 Consider and take appropriate action to approve the Planning & Zoning variance request from John Estrada. Thej property is located at 507 W.1sStreet, Flatonia, Texas 78941,andis identified with Fayette County Appraisal District as PID#27407. The request is to seek relief Consider and take appropriate action to approve the Planning & Zoning variance request from CliffKozelsky. The property isl located at 103W.2nds Street, Flatonia, Texas 78941,and isi identified with Fayette County Appraisal District as PID #27427. The request is to seek in the required minimum width for a subdivision main thoroughfare. DA11.1.2023.2 reliefofthe required setback distance for an accessory structure. DA11.1.2023.3 DA11.1.2023.4 DA11.1.2023.5 DA11.1.2023.6 DAI1.1.2023.7 Consider and take appropriate action to approve appointing Herbert Mann and Ted Bratton to serve on the Housing Authority's Slate of Commissioners for a term oftwo (2): years. Consider and take appropriate action to accept the bid received onl November 13, 2023, for Consider and take appropriate action to accept the bid received on October 24, 2023, for the Consider and take appropriate action to approve the proposed projects using funds from the Consider and take appropriate action to approve transferring ownership oft the softball field to Flatonia Independent School District pursuant to Section 272/001(b)(1) and (5), Texas Consider and take appropriate action to approve an Amendment to the Lease previously entered into on December 7, 1995, between the Jerome Michael Post 94 of the American Consider and take appropriate action to approve transferring ownership ofthel baseball field to Flatonia Independent School District pursuant to Section 272.001(b)(1) and (5), Texas Consider and take appropriate action to approve the SignAd annual contract for $6,110 for Consider and take appropriate action to approve the nominee for the City of Flatonia representative on the Fayette County Appraisal District Board of Directors. the CDBG CDV21-0342 grant. GLO CDBG MIT #22-119-001-D359 grant. GLOCDBG MIT-MOD grant application. Local Government Code. DA11.1.2023.8 Legion of Flatonia, Texas, and the City of Flatonia. DA11.1.2023.9 Local Government Code. DA11.1.2023.10 DA11.1.2023.11 Adjournment the City of] Flatonia advertising billboard in Sealy, Texas. I,t the undersigned authority dol hereby certify thatt thel Notice ofl Meeting was] posted on1 thel bulletin board outside the front door of the City Hall oft the City of Flatonia, Texas, aj place convenient and readily accessible to the general public at alli times ands saidl Notice was posted on the following date and time November 10,2 2023,by 5:00 p.m. and remained so posted continuously for at least 721 hours preceding the scheduled time of said meeting. Jacqueline Ott, City Secretary, City of Flatonia NOTICE OF ASSISTANCE ATTHE PUBLIC MEETING EXECUTIVE SESSION STATEMENT The City Council reserves the right to adjourn into The Flatonia City Hall is wheelchair accessible. executive session at any time during the course of this Access to the building is available at the primary meeting to discuss any of the matters listed above, as entrance facing Main Street. Persons with disabilities authorized by the Texas Government Code, Section who plan to attend this meeting and who may need 551.071 (Consultations with Attorney), 551.072 auxiliary aids or serviçes such as interpreters for (Deliberations about Real Property), 551.073 persons who are deaf orl hearingi impaired, readers, or (Deliberations Regarding Gifts and Donations), 551.074 large print arer requested to contact the City Secretary's (Personnel Matters), 551.076 (Deliberations Regarding Office at 361-865-3548 or by FAX361-865-2817at Security Devices or Security Audits), 551.086 (Certain least two working days prior to the meeting sO that Public PowerUtilities: Competitive Matters)and: 551.087 appropriate arrangements can be made. (Deliberation Regarding Economic Development Negotiations). Agenda Removal Notice This Public Notice was removed from the official posting board at the Flatonia City Hall on the following date and time: By: Jacqueline Ott, City Secretary, City of Flatonia FLATONIA POLICE DEPARTMENT 205 E. South Main St. Flatonia, TX78941 Office: 361-865-3337 Fax: 361-865-3039 October 2023 Monthly Report To: From: Subject: Calls for Service: Flatonia City Council Flatonia Police Department October Monthly Report There were 377 calls for service for this month. Offense /Incident Report Activity: On October 3, 2023. Investigator Titus and Chief Dick responded to a call from a Prosperity Bank manager to assist an individual whom she believed to be the victim of an online scam. Chief Dick and Investigator Titus researched the purchase, contacted the subject, and determined the sale was fraudulent. Afterwards they were able to advise the victim to cancel the On October 15, 2023, Officer Roggenkamp conducted: at traffic stop. During the stop, Offiçer Roggenkamp asked pertinent questions that led to the discovery of a controlled: substance. Thei individual was arrested and transported the Fayette On October 25, 2023, Officers Amos, Titus, Tunis, and Chief Dick participated in the Flatonia ISD annual "Trunk or Treat." On October 27,28, and 29, all members oft the FPD provided security at Czhilispiel. During this time, normal patrol duties On October 29, 2023, Officer Kalina responded to a report of ani individual attempting to burglarize an apartment. Officer Kalina was able to locate and arrest the individual during the burglary and transport him to Fayette County. Jail. On October 30, 3023, Officer Amos and Chief Dick assisted Fayette County deputies in the apprehension of six individuals charged withi theft ofa a vehicle. Because Officer Amos and Chief Dick were prepared, their assistance was essential to the transaction. County Jail. Officers passed out candy and greeted over 300 children and parents. were: also maintained. arrest of these individuals. NOFURTHER DETAILED INFORMATION IS PUBLISHED DUE TO ON GOING INVESTIGATION OF CASES. Arrests and Pending Charges There were 2 (two) direct custody arrests for the month of October. Traffic Contacts: All Flatonia Police Officers, including command. staff, have conducted traffic control throughout the city and specificallyin the areas oft town that complaints have been received related to speeding and stop: sign violations. Flatonia officers will continue to conduct stationary and mobile radar and observe traffic at intersections to address the traffic concerns. In-Service Training and Events: Chief Dick completed multiple EMS related continuing education courses and one state mandated course required to maintain his arson investigator certification. August Type Number 13 2 7 3 6 165 0 1 1 103 4 2 2 5 3 2 80 17 4 2 3 71 4 43 543 Agency Assist Accidents Animal Complaint Citizen Assist Civil Matter Close Patrol Funeral Escort Ministerial Voucher Motorist Assist School Patrol/Security Suspicious Person Traffic Hazard Transient Call Walk In Disturbance Welfare Check Traffic Stops Incident Reports Offense Reports Follow Ups Scam Traffic Control Training Other Total Flatonia Police Department October 2023 10/2 Take water samples to Bastrop. Meet with school officials about fencing installation. Move Czhilispiel electric service to another pole due to future sidewalk construction. Dig holes in an area of the school, with manyunderground utilities until hydro-vac broke down. Start fall cleanup. Meet with pool contractor about care of new plaster. 10/3 Take hydro-vac to R&B Truck repair in LG. Wirei in internet hub for Czhilispiel use. Secure Christmas lights on Henry K's building. Fall cleanup. 10/4 Find sewer line on lot at the corner of Old Hallettsville Rd & Hudson for new home construction. County working on 7ths St. Slick off remaining streets on this year's project. Remove small trees from Grifaldo property. Dig out fallen post oak @ 7 Acre. Fall cleanup. Video meeting with Befco & Langford about CDBG project (IH-10bore). 10/5 Maintenance of vehicles & shop Cut down dead tree on Garbade Ln. Water leak on 2nd & Colorado. Fall cleanup. 10/6 Repair water leak @ Balcones. Gol back around to pick up limbs. Work on 7th St. Flat on maintainer. Roller died and wouldn'tstart. Fall cleanup. 10/7 Fall cleanup all day. Evening call out for power outage on Freytag hill. 10/10 Fix flat on the maintainer with assistance from County. Cut 21 trees, damaged from storm, out of the power lines. Last round of limb pickup Meet with electrician & general contractor about the school project. Patching Shredding 10/11 Cut in extra return air inlet in AC unit for the main office of city hall. PU rewound aerator motor @ Electric Motor Service in LG. Cut trees out of primary line behind Rhinestone Angel. Build meter loopi for 7 acre park. 10/12 Put aerator motor back on and get aerator back in service. Make sewer and water taps for new house on Hudson & 2nd. Pull unused pole by S&5. 10/13 Take mower deck to Allan's welding for repair. Read meters. Untangle Czhilispiel sign. Touch up: streets for paving. Prime streets to be paved. Read meters. Read meters. course). 10/16 10/17 Pave streets plus had leftover to do 7th St from N. Converse most of the way to 609 (one Had new tire put on the maintainer after one blew out. 10/18 Reinstall repaired mower deck. Finished reading meters. Set pole for new house on Old Hallettsville & Hudson. Hook up meter loop on 95 @ Vyvjala Ln. 10/19 Hook up new electric service on 95 @ Vyvjala Ln. Clean up spoil around newly paved streets. Mowing & patching (pre-czh). Sewer blockage on WI North Main. Swap transformer and run secondary to pole on Old Hallettsville & Hudson. 10/20 10/23 Shredding, mowing, weed eating, patching (pre-czh). Shredding, mowing, weed eating (pre-czh). Disconnect meters for non-payment. 10/24 Czh prep. Meter re-reads. Discussions with Langford & Befco about projects to take the place of sludge removal. 10/25 Meter re-reads. Czh prep. Czh prep. 10/26 10/27 Finish prep. Hook up venders. After hours call for breaker tripping downtown. 10/28 Call for power out downtown, bad breaker, replaced. 10/29 Early am call to accident where at truck clipped off a pole and pulled an anchor out of the ground. Replaced pole & anchor, spliced wires in. Disconnect vendors as needed. Move panels from A&C out of the road. 10/30 Early am call for power out on S. La Grange. Trim tree and replace blown fuse. Tear down Czhilispiel. Pre-meeting meeting with Befco about GLO MOD projects. Meeting with Befco & Langford about GLO MOD projects. Towers have low water level, turn on boosters manually. Assist Mercer Control in restoring radio connection between the tower & boosters. (after hours) 10/31 Trim trees near primary on S. La Grange near Elm. Trim tree @ donut shop, requested by TDS. Repair water leak in the alley between 4th & 5thSt. off of Market. Clean out valve stacks for easier access for upcoming leak repairs. Of FLATONIA) CODE COMPLIANCE OFFICE 125 E. South Main St. PO Box 329 Flatonia, TX78941 Araceli Mancilla de Hernandez, Code Compliance Official Phone: 361-865-3548 Email: ode@c.latonia.tk.us To: Flatonia City Council From: Araceli Mancilla de Hernandez Subject: Monthly report Date: October 2023 Compliance Report Summary Phone calls made for: Trash/debris-1 In-person meetings: Trash/debris-1 5Citizen Concerns/Complaints Notes: Enrolled in Code Enforcement certification course November 13-17, 2023. City Manager's Report To: Mayor Geesaman & City Council From: Sonya Bishop, City Manager Date: November 14, 2023 Re: Monthly City Manager's Report CC: Staff Mayor and Council, . Planning and Zoning: During the planning and zoning on October 17, 2023, the following was voted on. a. The committee denied a variance at 103 W 2nd Street. The request was for a building b. The committee denied a request for a variance on the minimum requirement ofs street width. The committee asked the property owner to have plans drawn up and come John Estrada - request for subdivision plat approval at 507W.1S. Stephen Reddish - request for replat at 734 S. Market and 115S. Mesquite. setback by 10 feet. back to the committee for replating the property. Upcoming Planning and zoning items: Linda Wiley - request for replat at 714 S. Faires. 2. Economic Development: During a special called EDC meeting on October 4, 2023 a. A business incentive grant was issued tol FayCo Sports and Spine in the amount of b. A business incentive grant was issued tol Hey Poppy for $1010.42 $10,000.00. During the regular schedule meeting September 14, 2023, the following actions were taken. a. The EDC budget was agreed upon. b. Discussion for EDC to assist with the sewer projects. Discussion to move money into a 9-month CD. Code Enforcement: a. Ar report will be submitted. Road Construction: a. The crews finished the driveway at McWhirter Park. b. Jack will give updates regarding streets. Utility Projects: a.The GLO CDBG MIT SUP (22-119-001-D359 grant for the seweri is moving along. Opening bids were held on November 13th. This is a deliberation item at this meeting. Parks and Pool: a. The pool has been resurfaced. Wel have ai ten-year warranty. b. The restrooms at 7 Acre Park are in the process of being built. There are some concerns with the company. They are requesting more: money before the project is completed. Irequested documentation for warranty oft the restrooms and final payment will not be paid until iti is inspected and documented warranty is supplied. d. We extended the time for Memorial Park to be cleared of personal belongings, however, by the direction of the attorney items were: removed and put on the property owner's side. This was documented with pictures. Mr. Hardgrove, Ginny Sears, Jon and Imet at the park to verify property lines. Administration: a. Iwill be attending a conference on January 7-11. This conference is offered by TEEX and is] paid for by a grant from FEMA. Ia am taking advantage of all free classes they b. The restrooms are still under construction and there are some concerns. We are going to require some warranty documentation and an inspection prior to making the final payment. The builder asked for more money. Ireminded him per his contract he received 30% deposit and the final payment upon completion. He said he is out of C. The 150th celebration will be on Saturday November 18th. We worked very hard to get this together for the city. Office staffhave volunteered much oft their time. We have live music, vendors, food trucks, a kid zone with bouncy houses. Should be fun for everyone. We encouraged ALL businesses to participate. There is a soup contest and d. We had the old police station tested for asbestos and we are getting bids to have it offer that relate to the city business. pocket over $8,500.00 because of the plumber. aj pie in the face. removed. Financial Report: a. The auditors are working on the 2020 they were in the office the week of October 23, b. We received a grant toj purchase Rifle Resistant Body Armor for the police department. This concludes the City Manager Report for submission at the October 4, 2023, City Council 2023. The grant is $11,986.70. meeting. FLATONIA 0 Minutes Flatonia City Council Regular Meeting October 4, 2023, at 6:00 p.m. Present: Mayor Mayor Pro Tem Councilmembers Dennis Geesaman Joanye Eversole Ginny Sears Allen Kocian Donna Cockrell Travis Seale Sonya Bishop Jacqueline Ott Lee Dick Jack Pavlas Barbara Boulware-Wells City Manager City Secretary Police Chief Utilities Director City Attorney Opening Agenda Call to Order Mayor Geesaman called the meeting to order at 6:01 p.m. Invocation & Pledge Councilman Kocian led the invocation and pledges. Reports Police Chief September Activity Councilwoman Cockrell asked about an accident that involved a police vehicle. Chief Dick reported no parties were harmed, and the vehicle is under insurance inspection for repair. Utility Director September Report thereafter. Councilwoman Cockrell commended the utility department on their excellent work during the microburst storm on September 14th and clean up Codel Enforcement September Report City Manager September Report City Manager Bishop clarified on her report that EDCi isi installing lights for the historic signs, not Memorial Park. She also added that we must hold a special city council meeting later this month to reject the bids received for the CDBG-CDV21-0342 grant, as the bids received were incomplete and cannot be accepted. It was decided that a Special City Council meeting would be held on Monday, October 16", at 5:00 p.m. to hold a vote. Councilman Seale voiced concerns on the quality of construction on the bathrooms at Garbade Park. City Attorney Boulware-Wells suggested hiring an inspector to ensure thej job is completed properly. Consent Agenda C1. Councilman Seale motioned to approve the September 12, 2023, meeting minutes. Councilwoman Cockrell seconded the motion. None opposed. Councilman Seale motioned to approve the September 21, 2023, meeting minutes. Councilwoman Cockrell seconded the motion. None opposed. Councilman Seale made a motion to approve the financial statements for September 2023. Mayor Pro Tem Eversole seconded the motion. None Motion carried. C2. Motion carried. C3. opposed. Motion carried. Discussion Agenda D1. Itv was discussed to fill the vacancy for the City of Flatonia representative on the Fayette County Appraisal District Board of Directors. Mayor Pro Tem Eversole suggested Jyl Stavinoha and stated she is waiting for a decision.. Ai formal vote will be held att the next regular city council meeting. It was discussed to review the Fiscal Year 2023-2024 budget for the D3. Chamberof Commerce. Deliberation Agenda DA10.1.2023.1 Councilwoman Sears moved to approve Resolution #2023.10.1 affirming the park boundaries for Memorial Park and directing the City Manager and City Attorney to coordinate cleanup and lighting of the park property, including removing any remaining personal items after ten (10) days. Mayor Pro Tem Eversole seconded the motion. None opposed. Motion carried. Councilman Seale and Councilman Kocian cautioned City Manager Bishop against appearing biased and targeting certain citizens. It was decided that City Attorney Boulware-Wells would write al letter and send it to both property owners adjacent to the park, giving them ten (10) days to clean up their personal items encroaching on park property. On the eleventh day, city workers will remove any remaining items. The city will not pursue financial compensation for any clean-up efforts made. However, if the problem persists, the adjacent property owners willl be held responsible for Councilman Seale moved to approve the proposed city projects using funds from the GLO MOD grant. The projects include sludge removal from the wastewater treatment plant, replacing water well #10, replacing AC water lines on1 the southwest side oftown, and upgrading from 6"to8 &" water line in the vicinity of Flatonia ISD. Mayor Pro Tem Eversole seconded the motion. None opposed. Motion carried. Councilman Seale asked how to prioritize projects to ensure the most critical projects are completed as funds are available. Alyssa Bickford, the City of] Flatonia's! project manager from Langford Community Management Services, verified the flexibility of the No action was taken to approve two designated parking spots in front of Clover Connection for use during morning drop-offhours. Mayor Pro Tem Eversole moved to approve Ordinance #2023.10.Irevising the code of ordinances to delete the curfew established in Ordinance #410 adopted March 3, 2007, an ordinance to establish curfew hours for minors of the City of Flatonia, Texas. Councilman Seale seconded the motion. Councilwoman Sears moved to approve Resolution #2023.10.2, updating the hazard mitigation action plan. Mayor Pro Tem Eversole seconded the Councilwoman Cockrell moved to approve the. Assessment and Collection Services contract with the Fayette County Appraisal District. Mayor Pro Tem Eversole seconded the motion. None opposed. Motion carried. Councilman Seale moved to approve Ordinance #2023.10.2, an ordinance relating to the use of hotel occupancy taxes for the construction of improvements related to interconnectivity and accessibility between municipal parks and local tourist attractions and lodging. Councilwoman Sears seconded the motion. None opposed. Motion carried. Mayor Pro Tem Eversole motioned to approve the proposed oil and gas lease with Rosewood Resources. The proposed property location is 21.936 acres, M. Muldoon League #14, A-76 and the W.A. Faires Survey, A-180 Fayette County, Texas. Councilwoman Cockrell seconded the motion. Councilman Seale moved to end the meeting. Mayor Pro Tem Eversole seconded the motion. None opposed. Motion carried. Mayor Geesaman breaking the established ordinance. DA10.1.2023.2 project list. DAI0.1.2023.3 DA10.1.2023.4 None opposed. Motion carried. DA10.1.2023.5 motion. None opposed. Motion carried. DA10.1.2023.6 DA10.1.2023.7 DAI0.1.2023.8 None opposed. Motion carried. Adjournment adjourned the meeting at 6:57 p.m. Signed Dennis Geesaman Mayor Attest Jacqueline Ott City Secretary FLATONIA) Minutes Flatonia City Council Special Meeting October 16, 2023, at 5:00 p.m. Present: Mayor Councilmembers City Manager City Secretary Absent Dennis Geesaman Ginny Sears Donna Cockrell Travis Seale Sonya Bishop Jacqueline Ott Joanye Eversole Allen Kocian Opening Agenda Call to Order Mayor Geesaman called the meeting to order at 5:00 p.m. Invocation & Pledge Mayor Geesaman led the invocation and pledges. Deliberation Agenda DA10.2.2023.1 Councilman Seale moved to approve rejecting the bids received on September 29, 2023, for the CDBG CDV21-0342 grant. Councilwoman Cockrell seconded the motion. Joseph Willrich from BEFCO Engineering was present to explain his recommendation to reject Councilman Seale moved to end the meeting. Councilwoman Cockrell seconded the motion. None opposed. Motion carried. Mayor Geesaman adjourned the meeting at 5:11 bids. Adjournment p.m. Signed Dennis Geesaman Mayor Attest Jacqueline Ott City Secretary Planning and Zoning Report Meeting held October 17,2023. Six members of the Flatonia Planning and Zoning Commission for the City of Flatonia were present and reviewed and made recommendations for the following agenda items: 10.1.2023.1 - Considered request. John Estrada for a variance on PID #27407, the property located at 507 West 1St Street, Flatonia, Texas 78941. The request was to seek reliefin the minimum width The item was tabled, and the commission advised Mr. Estrada to redesign the subdivision to meet requirement ofas subdivision main thoroughfàre. the setback requirements stated in the City ofFlatonia Code of Ordinances. Commissioners for: Increase in residential housing available. Commissioners against: Sighting safety concerns in emergencies. 10.1.2023.2 - Considered request from CliffKozelsky for a variance on PID #27427, the property located at 103 West 2nd Street, Flatonia, Texas 78941.The1 request was to seekreliefofthe: required The item was denied for recommendation to the City Council by a 4-2 commission vote. setback distance for an accessory structure. Commissioners for: The property line is already on a forty-foot (40') setback due to city easement. Commissioners against: Sighting aesthetics of established setbacks. Report filed by: Jacqueline Ott City Secretary City of Flatonia Planning and Zoning Commission CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.1 Consider and take appropriate action to approve the Planning & Zoning variance request from John Estrada. The property is located at 507 W. IsStreet, Flatonia, Texas 78941, and isi identified with Fayette County Appraisal District as PID #27407. The request is to seek relief in the required minimum width for a subdivision main thoroughfare. Summary: A Planning & Zoning request to seek relief in the required minimum width for a subdivision main thoroughfare. Option(s): Imove to approve the Planning & Zoning variance request from John Estrada. The property is located at 507 W. 1sSt Street, Flatonia, Texas 78941, and is identified with) Fayette County Appraisal District as PID #27407. The request is to seek reliefin the required minimum width for a subdivision main thoroughfare. Ifyou are opposed to not 2nd or make any motion. Ifa a motion is not made, the item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. City of Flatonia Zoning Review Request Form Request for Zoning Change ($100.00 Application fee) Request for Variance ($100.00 Application fee) Request for Conditional Use Permit ($100.00 Application fee) C Other-explain below (Application fee $ Dateg23 Receipt 722131 Name ofProperty Owner_ SSnlhron Physical address ofproperty affected_ 6M Ww % 6t Requested change. 5ne S Arn Appraisal District PropertyID# Zone_ B-3 Mailing address ofp property owner_ 15laGaages Contact phone number ofproperty owner_ 5-h05-a6n Email address_ kMie Check all ofthei ifems for documentation you's are providing for your hearing: Map(s) Survey Photograph(s) Plans/blueprint PowerPoint presentation Other Additional information may ber necessary. s Signature ofProperty Owner REQUEST IS APPROVED FOR CITY USEONLY: L Date of notification to City 8-69-13 NOTES: DENIED m. Deadline to notify property owners by mail I. Deadline for publication inj paper 9-25-23 P&ZMeeting date: 10-17-23 6m City Council Mecting date: SCOLORADOST : 3 - S N 33333333333 9 FLATONIA/ CITY OF FLATONIA 125E. Souchl Main Streer PO. Box3 329 Flatonia.TX78941 (361)865-3548 (361)865-2817fax October 5, 2023 Notice to Landowners Variance Application An application has been filed by. John Estrada with the City of Flatonia requesting a variance in subdivision street regulations at an undeveloped lot located at 507 W 15S Street, Flatonia, Texas 78941. AI Public Hearing on the requested variance to the minimum width requirement ofa subdivision main thoroughfare, based on the recommendation of the committee appointed by the City Council. Aj public hearing with the Planning and Zoning Commission will be held on Tuesday, October 17, 2023, at the Flatonia City Hall (125 E. South Main Street) at 6:00 p.m. concerning this request. The Flatonia Planning and Zoning Commission will make a recommendation tot the Flatonia City Council regarding the request. The City Council will hold a second public hearing on Tuesday, November 14, 2023, at 6:00 p.m. and may act on the recommendation from the Planning and Zoning Commission. The public hearing is open to any interested person. Opinions, objections, and/or comments on this matter may be expressed in writing or in person at the hearing. The reply form inçluded in this letter can be used Notice oft the public hearing has already been published int the Flatonia Argus. Ify you have any questions regarding this notice or the. Zoning Change Application, please contact City Manager Sonya Bishop at ify you would like to submit written comments. manager@c.latonalkis or 361-865-3548. WWW.FLATONIATX.COV 463' w.ri7 276' 150' APAKIMENIS 48,600 Fr2 1.12. Acrcs [40' 21,000F12 0-482A. 140 180 50 50 4 2 7,000 Fr2 7,000 Fr2 140' 140' 50 7000 Fr2- 146' 146' 5400 PT? 5400 F2 5406 54c0 5400 loo F12 FT2 Fr2 (o0 loo loo' looi loo' 54 54 54' 54' 54' 42' Az! 0.1767Ac. 7696: FT7 1 52' 50' 50' 42' 50' 0.1767 Ac. & *" 4 52 76% F12 52' 769h FTL 52' 52' 52' 52' 468' 52' 52' B-3 Set Backs as Fon Zt Line tv shwchure/Pken)E DSFA/DFSD Ain F+2- S,000 Dip width - SoF+ in Front yordl- 25F+ iN Side Yac- SPr - Coenar 2SPH- Strest sile Pr whow adsncent to R/) RGML Yonl- a5Pt (Y0 lot depth - IOpT-Lmin R2l rayne) depth oP Crcper lot I00-88, TA- F+R TS akRs Budins Cwerfe Rer lot- syo wvtal aR CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.2 Consider and take appropriate action to approve the Planning & Zoning variance request from Cliff Kozelsky. The property is located at 103 W. 2nd Street, Flatonia, Texas 78941, and is identified with Fayette County Appraisal District as PID #27427. The request is to seek reliefoft the required setback distance for an accessory structure. Summary: A Planning & Zoning request to seek relief of the required setback distance for an accessory structure. Option(s): Imove to approve the Planning & Zoning variance request from Cliff Kozelsky. The property is located at 103 W. 2nd Street, Flatonia, Texas 78941, and is identified with Fayette County Appraisal District as PID #27427. The request ist to seek relief of the required setback distance for an accessory structure. Ifyou are opposed to not 2nd or make any motion. If a motion is not made, the item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. City of Flatonia Zoning Review Request Request for Zoning Change ($100.00 Application Fee) - Request for Variance ($100.00 Application Fee) Request for Conditional Use Permit ($100.00 Application Fee) Other-explain below (Application Fee Date turned in to City Ofics8-ZS-C3 Receipt # 222503 Name ofl Property Owner_ CLIEE KOZELSKY Physical address of property affected_ 103 3 aub ST Appraisal District Property ID Number Zoning of property (ifknown). RI 27427 Requested change ACcEESoR STRNETURE Foom PAOPEATY LINE SET BACK Mailing address of property owner_ 103 W 2No ST Contact phone number of property owner_ 361-798 --0693 FLATONIA Tk 7884/ Other Information (attach additional page ifnecessary): Additional information may be necessary. Signature of] Property Owner - FOR CITY USE ONLY: Date ofnotification to Ciy.8-23-23 Deadline for publication in paper_ 9-25-23 Deadline for notification of property owners by mail/o3-23 NOTES: 9/7/23, 1:51 PM Interactive Map- - Fayette CAD-0 Official Site 1of3 Shop construction. The dimensions of the shop will be 32' x 42' and we would like to build as close to the property line as possible. The distance from the drainage ditch property line is 20' and from street to property line is 40' currently. tps/ayetecad.orginteractve-map 1/2 SMARKETST SPENN' ST SUDSON ST SFAIRES,ST 1 X & AA ARARRE AEAEEE CITY OF FLATONIA FLATONIA 125E.Southi Main Streer PO. Box 329 Flaconia, TX7 78941 (361)865-3548 361)865-2817fax October 5, 2023 Notice to Landowners Variance Application An application has been filed with the City of Flatonia requesting a variance to lower the required setback A Public Hearing on the requested variance to lower the required setback distance for an accessory structure based on the recommendation of the committee appointed by the City Council. Ap public hearing with the Planning and! Zoning Commission will be held on Tuesday, October 17,2023, at the Flatonia City Hall (125E E. South Main Street) at 6:00 p.m. The Flatonia Planning and Zoning Commission will make ai recommendation to the Flatonia City Council regarding the request. The will hold a second public hearing on Tuesday, November 14, 2023, at 6:00 p.m. and may act on distance for an açcessory structure at 103 W. 2nd Street, Flatonia, Texas 78941. Council City the rccommendation from the Planning and Zoning Commission. Thej public hearingi is opent to anyi interested person. Opinions, objections, and/or comments on this matter may be expressed in writing or inj person at the hearing. The reply form included in this letter can be used Notice of the public hearing has already been published in the Flatonia Argus. Ifyoul have any questions regarding this notice or the Zoning Change Application, please contact City Manager Sonya Bishop at ifyou would like to submit written comments. managenas ci.flatonia.x.s or 361-865-3548. WWWFLATONIATX.GOV IUILUILJ, 3.34 PM IUSVV ana Sl- Googie Maps 103W: 2nd St PID27427 GoogleMaps / latonia Secon Plaosl PArkRd SL EQMHWICVAR Google Mapc data 02023 Google 200ftL 103 W 2nd St Building L Save 0 Nearby Directions Sendto phone Share Elatanin ATV.700A41A90 03W 2-st. 0G I e - : I 3 9 a CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.3 Consider and take appropriate action to approve appointing Herbert Mann and Ted Bratton to serve on the Housing Authority's Slate of Commissioners for a term oftwo (2): years. Summary: Appointing nominees to the Housing Authority's: Slate ofCommissioners. Option(s): Imove to approve appointing Herbert Mann and Ted Bratton to serve on the Housing Authority's Slate of Commissioners for a term oft two (2): years. If you are opposed to not 2nd or make any motion. If a motion is not made, the item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrel!: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. "HIGH PERFORMER" HOUSINGAUTHORITY OF THE CITYOFFLATONIA 701 EASTMULBERRYPO. BOX152 FLATONIA, TEXAS 78941 (361) 865-2534 361)86-2599-FAX October 25, 2023 City Manager Sonya Bishop City of Flatonia P.O. Box 329 Flatonia, Texas 78941 Dear Sonya Bishop: Please place on the agenda, for the next scheduled city council meeting, the Mayor's appointment ofHerbert Mann and Ted Bratton to serve on the Housing Authority's Slate of All terms shall be for two years commencing with appointment date and ending on November These prospective commissioners have been in contact with the Housing Authority and have Mayor Dennis Geesaman will need to complete the Certificate of Appointment forms, for these Thank you for your cooperation. Please call or come by my office, in the event you have any Commissioners. 14, ,2025. agreed to serve in this capacity. appointments, as attached and return to the Housing Authority. questions or concerns. Sincerely, Executive Director Sg gmejsew CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.4 Consider and take appropriate action to accept the bid received on November 13, 2023, for the CDBG CDV21-0342 grant. Summary: Approval of grant bids. Option(s): Imove to approve and accept the bid received on November 13, 2023, for the Ifyou are opposed to not 2nd or make any motion. Ifa motion is not made, the CDBG CDV21-0342 grant. item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.5 Consider and take appropriate action to accept the bid received on October 24, 2023, for the GLO CDBG MIT #22-119-001-D359 grant. Summary: Approval of grant bids. Option(s): Imove to approve and accept the bid received on October 24, 2023, for the GLO - Ify you are opposed to not 2nd or make any motion. If a motion is not made, the CDBG MIT #22-119-001-D359 grant. item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.6 Consider and take appropriate action to approve the proposed projects using funds from the GLO CDBG MIT-MOD grant application. Summary: Approval of grant bids. Option(s): Imove to approve the proposed projects using funds from the GLO CDBG MIT- Ifyou are opposed to not 2nd or make any motion. Ifa motion is not made, the MOD grant application. item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. JARESLN WESSELSLN. DAdZ 1.25'PVf DAd NWALNUT ST 6PVC JUREKE SELMST ISNVO3dS, 6/ DAd.9 b NMESQUITES ST ZPVC 8PVC s HACKBERRY ST % 6PVC 6ACL 6'PVC DAd 6PVC MIDpLES 6PVC SMIPDLEST_ERYC moa ONVERS SCONVERSEST gPVC PV9 SMABKETST uv Mdset BSIOAUBOIS) Mate SMaikels SZFATZHOUSSIRA D1a149 B C L @ o CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.7 Consider and take appropriate action to approve transferring ownership of the softball field to Flatonia Independent School District pursuant to Section 272/001(b)(1) and (5), Texas Local Government Code. Summary: Approval ofland transfer from the City of Flatonia to Flatonia ISD. Option(s): Imove to approve transferring ownership oft the softball field to Flatonia Independent School District pursuant to Section 272/001(b)(1) and (5), Texas I Ifyou are opposed to not 2nd or make any motion. If a motion is not made, the Local Government Code. item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.8 Consider and take appropriate action to approve an Amendment to the Lease previously entered into on December 7, 1995, between the Jerome Michael Post 94 of the American Legion of Flatonia, Texas, and the City of Flatonia. Summary: Approval of an amended lease between the City of Flatonia and the American Legion. Option(s): Imove to approve an Amendment to the Lease previously entered into on December 7,1 1995, between the. Jerome Michael Post 94 ofthe American Legion Ify you are opposed to not 2nd or make any motion. If a motion is not made, the of] Flatonia, Texas, and the City of Flatonia. item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. LEASE AMENDMENT AGREEMENT THE CITY OF FLATONIA AND THE AMERICAN LEGION OF FLATONIA, TEXAS BETWEEN Whereas, the parties entered into a lease on December 7, 1995 ("Lease"), for the City of Flatonia (City) to lease property identified in Exhibit A ("Leased Premises"), which includes park and recreational property, to the American Legion of Flatonia (ALF); Whereas, for a period of years prior to the effective date of this contract, the Flatonia Independent School District (FISD) has been the primary user of the ballfield within the Leased Premises; Whereas, FISD has also accepted primary responsibility for the physical and Whereas, the ballfields require significant improvement toretrain their usefulness Whereas, the parties desire toamend the Lease, as providedherein, toenable FISD This Lease Amendment Agreement (hereinafter "Amended Lease") is made and entered into by and between the Jerome Michael Post 94 of the American Legion of Flatonia, Texas, referred to in this Amended Lease as Lessee, and the City of Flatonia, located in Fayette County, Texas, referred to in this Amended Lease as Lessor. financial burden of maintaining the ballfield within the Leased Premises; which FISD desires to do at their own expense; to make the desired improvements; ARTICLE .DESCRIPTION OF PREMISES 1.01 Lessor leases to Lessee, and Lessee accepts, and hires Lessor as herein provided, that certain real property, with the improvements, fixtures, equipment thereon, all in their present condition, near Flatonia, Fayette County, Texas, shown in Exhibit A. The parties will update and clarify with a survey provided by the City no more than 12 months after the effective date oft this lease to be entitled Exhibit B. Any addition to this Amended Lease must be approved in writing by both parties. 1.02 The Leased Premises does not include the restrooms and storage room on then northern part of the covered patio in the northwest corner ofthe building. Lessee is not responsible for the upkeep oft the described restrooms or the storage room. 1.03 The Leased Premises also does not include the Mineral Estate ("Mineral Estate and Rights"). "Mineral Estate"means all oil, gas, and otheri minerals in and under and that may be produced from the Property, any royalty under any existing or future mineral lease covering any part ofthe Property, executiver rights (including the right tos sign ar mineral lease covering any part of the Property), implied rights of ingress and egress, exploration and development rights, production and drilling rights, mineral lease payments, and all related rights and benefits. The Mineral Estate does NOT include water, sand, gravel, limestone, building stone, caliche, surfaçe shale, near-surface lignite, and iron, but DOES include the reasonable use oft these surface materials for mining, drilling, exploring, operating, developing, or removing the oil, gas, and other minerals from the Property. (a) Subject to subsection (b), Lessor reserves for itself all of the Mineral Estate (b) Lessor doesnot waive rights ofi ingress and egress and ofreasonable use ofthe Property (including surface materials) that are part ofthe Mineral Estate and Rights formining, drilling, exploring, operating, developing, or removing the oil, gas, and other minerals. Lessor shall coordinate any exercise or use of all rights relative to the Mineral Estate reserved hereunderwith Lessee prior to exercising or using such owned by City under the Lease and the Amended Lease. rights. ARTICLE2 2. TERM 2.01 This Amended Lease will start on the effective datel herein and continue for 99: years, ending on the month and dates signed below in 2121 unless terminated earlier by either party. ARTICLE 3. RENT 3.01 The rent of this Amended Lease is the sum of Fifty and NO/100 Dollars ($50.00) per year due and payable on the first day of each January, beginning January 1, 2024, and continuing annually thereafter. ARTICLE 4. USE, RIGHTS, AND RESPONSIBILITES 4.01 Lessee shall only use the Leased Premises for a public community hall, meeting hall, and recreational hall. Lessee will not have any use of the baseball fieldsas they are excluded from the Leased Property. 4.02 Lessor shall retain the right to encumber or sell its interest in the Leased Premises if said sale or transferi is made subject to the terms of this Amended Lease. 4.03 Lessee shall not commit, orallow tol be committed,any waste on the Leased Premises, create or allow any nuisance to exist on thel Leased Premises, or permit any use of the Leased Premises for any purposes that are unlawful or not permitted by this agreement. Lessee shall comply with all laws, rules, and orders of Federal, State, or Municipal Govemnments, and shall promptly comply with any requirements of any insurer covering the Leased Premises. 4.04 Lessee shall pay for any telephone, electricity, gas, water, and sewer serviçes fort the main hall. Exterior utilities, ifany, shall be paid forbyl Lessor. Lessor shall also pay forall engineering fees, architectural fees, and survey fees, involving the Leased Premises. 4.05 Lessor, at its expense, shall maintain and keep theexteriorofthel buildings the Premisxplumbingysem. electricalsystem, coolingandheatingsysem.sewerysem, fences, improvements, as identified in Exhibit C, Fixture and Appliance Lists, thereon/in in good repair. LESSOR shall resurfacethe parking lotand driveway on the premises as needed. Lessee shall be responsible for general cleaning and maintenance inside the building as well as maintenance, repair, permanent or temporary removal, and replaçement of fixtures and appliances sO listed on Exhibit C. Lessee shallmaintain and keep thei interior oft thel building in good repair;submitting written work requests as needed to the City Manager'soffice for repairs to be performed by Lessor and notice and permission requests for repairs and maintenance to bej performed by Lessee. Lessee shall also be responsible: for the maintenance and repair oft the Memorial Garden and its contents. Annually, no latert than 31 January, the Lessor and Lessee shall conduct a facility inspection to identify repair and maintenance issues/conçerns. A written report of this joint inspection shall be maintained by the City 4.06 Lessor reserves the right, and shall have the right, to enter the premises at 4.07 Lessee shall have the right to erect or place on the Leased Premises portable or removable structures. Lessee retains ownership to and the right to remove those portable Manager. reasonable times to inspect them. structures upon termination or expiration of this Amended Lease. 4.08 Lessee shall not have the right to develop all or any portion of the Mineral Estate owned by City under this Amended Lease. Lessor shall have the right to develop all or any ofthel Mineral Estate, and following such development, shall grant to Lessee the Royalties that such development provides after costs. ARTICLE5. INSURANCE AND INDEMNITY 5.01 Lessee, at its' own expense, shall provide, maintain, and enforce during the term of this Amended Lease, a Lessor's risk liability insurance policy written by a responsible company authorized to dol business in Texas, protecting Lessor against claims for damages in an amount equal to or greater than One Million Dollars, ($1,000,000.00) for bodily injuries and One Million Dollars $1,000,000.00)for property damage arising outof, ori in connection wit.,mncidemtsoceuring in, on, and/ora around theLeased! Premises. 5.02 Lessee shall deliver a proof of such coverage, and the applicable policy, annually to Lessor. Lessee agrees that if an insurançe policy is not provided to Lessor or is not kept in full force and effect for the entire term of the Amended Lease, and any extension thereof, Lessor may terminate this Amended Lease as provided in Article 6 herein, or may procure thei necessary insurance and charge such costs to Lessee on demand, or as additional rent installment. 5.03 Lessee agrees to indemnify and hold harmless Lessor from and against all liabilities, claims, lawsuits, losses, damages, demands, debts, liens, costs, judgments, penalties, actions or causes ofaction that arise out of,pertain to, or relate tothei negligence, recklessness, or willful misconduct of Lessee. Lessee will further attempt to have all persons renting or using the Leased Premises execute an indemnity agreement in a form satisfactory to both Lessee and Lessor. ARTICLE 6. LEASE TERMINATION Termination By Right or For Cause 6.01 Inthe event Lessee fails to make the required payment by January 31 ofany given year, fails to maintain insurance on the premises, or otherwise violates the terms or conditions herein, Lessor may terminate the Amended Lease only after providing written notice to Lessee of the breach via Certified mail, return receipt requested, and providing Lessee with sixty (60) days opportunity to cure. The Lessor's only remedy for failure to pay is termination ofthe Amended Lease. Lessor may elect to unilaterally extend the cure period. 6.02 Lessee may terminate the Amended Lease at any time and for any reason witht thirty (30) days' notice. Lessor may also terminate the AmendedLeasei ifthebuilding isr rendered unfit for safe occupancy and Lessor is unable to make the necessary repairs. In that event, if the building is repaired and rendered fit for safe occupancy within 365 days oft termination, the City must offer for Lessee to resume the lease. ARTICLE 7. MISC 7.01 This Amended Lease and the covenants and conditions herein shall apply toand shall be binding on the heirs, successors, executors, administrators, and assigns of parties hereto. 7.02 This Amended Lease is entered into undert the laws of Texas. The venue for 7.03 This written instrument is a complete agreement between the parties. No agreement not reflected in this instrument shall be enforced against the parties. No amendments or alterations to this document shall be binding unless made in writing and any action shall be in Fayette County, Texas. duly executed by both parties. 7.04 Ifany term or provision ofany this Amended Lease shall be determined to be illegal or unenforceable all other terms and provisions of this Amended Lease shall nevertheless remain effective and shall be enforced to the fullest extent permitted by applicable law. This Amended Lease may be separately executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when SO executed shall be deemed to constitute one and the same Amended Lease. The undersigned Lessor and Lessee execute this Amended Lease the day of 2023 at Flatonia, Fayette County, Texas. LESSOR City of Flatonia, Texas LESSEE American Legion of Flatonia, Texas ATTEST: Tammy Louvier, City Secretary Exhibit C Fixture and Appliance Lists A. Fixtures and Appliances Repaired and Maintained by City of Flatonia I. 1 2 1 1 2 1 2 1 2 3 1 1 2 1 II. 3 1 1 1 1 8 1 2 6 4 1 1 1 3 3 3 Plumbing Fixtures Qty Fixture Description Vanity Sink Commode Vanity Sink Commode Urinal Vanity Sink Commode Vanity Sink Commode Urinal Location Main Hall Women's Restroom Main Hall Women's Restroom Main Hall Men's Restroom Main Hall Men's Restroom Main Hall Men's Restroom Meeting Room (Annex) Women's Restroom Meeting Room (Annex) Women's Restroom Meeting Room (Annex) Men's Restroom Meeting Room (Annex) Men's Restroom Meeting Room (Annex) Men's Restroom Food Prep Sink w/ Faucet Kettle Room Wall-mounted Spigot Countertop Sink w! Faucet Kitchen Wall-mounted Spigot Electrical Fixtures Qty Fixture Description Incandescent Light Incandescent Light Exhaust Fan Incandescent Light Incandescent Light 10 Ceiling Fan Florescent Light 21 Incandescent Light Incandescent Light Florescent Light LED Light Ceiling Fan w/ Light Incandescent Light FlorescentLight Incandescent Light Incandescent Light Florescent Light Incandescent Light Kettle Room Kitchen Location Main Hall Women's Restroom Main Hall Men's Restroom Main Hall Men's Restroom Main Hall - Gun Room Main Hall-E Bingo Room Main Hall Main Hall Main Hall Main Hall - Foyer Auxiliary Meeting Room Meeting Room (Annex) Meeting Room (Annex) Meeting Room (Annex)-F Foyer Meeting Room (Annex) Men's Restroom Meeting Room (Annex) Men's Restroom Meeting Room (Annex) Women's Restroom Bar(1 Fixture Inside Walk-in Cooler) Bar 2 1 5 9 1 Water Heater Walk-in Cooler Incandescent Light FlorescentLight Exhaust Fan Kitchen & Kettle Room (1 each) Kettle Room Kitchen (4), Kettle Room (1) Kitchen (4), Kettle Room (5) Kettle Room Location Bar Main Hall Meeting Room (Annex) III. Cooling and Heating Fixtures Qty Fixture Description Walk-in Cooler Air Conditioner/Heat Pump Air Conditioner/Heat Pump 1 3 1 IV. Fixtures and Appliances Repaired and Maintained by Americanlegion I. 1 2 1 1 1 1 II. 1 Electrical Fixtures Qty Fixture Description Window Air Conditioner Free-standing Beverage Cooler Chest Freezer Oven w/ Range Top Double Oven Countertop Microwave Alli interior lightbulbs and tubes Cooling and Heating Fixtures Propane Tank - 500 Gal Location Bar Bar Kitchen Kitchen Kitchen Throughout Location Auxiliary Meeting Room Qty Fixture Description Outside Meeting Room (Annex) III. Other Fixtures Qty Fixture Description Kettle & Gas burner Location Kettle Room 8 CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.9 Consider and take appropriate action to approve transferring ownership oft the baseball field to Flatonia Independent School District pursuant to Section 272.001(b)(1) and (5), Texas Local Government Code. Summary: Approval ofl land transfer from the City ofl Flatonia and Flatonia ISD. Option(s): Imove to approve transferring ownership of the baseball field to Flatonia Independent School District pursuant to Section 272.001(b)(1) and (5), Texas If you are opposed to not 2nd or make any motion. If a motion is not made, the Local Government Code. item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.10 Consider and take appropriate action to approve the SignAd annual contract for $6,110 for the City of Flatonia advertising billboard in Sealy, Texas. Summary: Approval of SignAd contract. Option(s): Imove to approve the SignAd annual contract for $6,110 for the City of] Flatonia Ifyou are opposed to not 2nd or make any motion. If a motion is not made, the advertising billboard in Sealy, Texas. itemi is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. SIGNAD OUTDOOR October 19, 2023 The City of Flatonia 125 E. South Main, PO BOX329 Flatonia, TX 78941 Re: Billboard Renewal Contract Ihope this letter finds you having a great day thus far. l've attached your billboard renewal contract for review. If you would like to continue advertising on the billboard, please sign and If you do not wish to continue advertising at this location, please let us know as soon as possible, as SignAd requires 30- day's prior written notice ofi intent to terminate a contract. If you would like to receive information on additiona/alternative locations, please let your return at your earliest convenience. account executive know what areas are ofi interest to you. Amy's contact information is as follows: Amy Morgan, 281-546-7469 pmy@anad.com Thanks sO much for your continued business! Please do not hesitate to contact us if you have any questions, comments or concerns. Regards, Shelley Ruffins Sales & Marketing Coordinator Sheleyesignad.com 1010 NORTH LooP. PO. Box 8626 HOUSTON, TX 77249. (713)861-6013- FAX_(713)861-2107 043120 045649 R 10/12/2023 SIGNAD Contract# Date: OUTDOOR P.O. Box 8626 Houston, TX 77249 713-861-6013 Customer: #: Agency Name: Address: Outdoor Advertising Contract C000230200 Client! Name: THE CITY OF FLATONIA City,State,Zip: FLATONIA, TX 78941 125 E. SOUTH MAIN, PO BOX329 Board Location Size 10x32 Start Datel 4-Week 4-Week End Date Period(s)* NetRate Contract Total $6,110.00 70960.3 I-10/3 3.2r mi E/OF FM 949/ Sealy-B-RHWB #ofV Vinyls Included: 1 RHWB 12/15/2023/ 12/12/2024 13.00 $470.00 4-Week Net1 Total $470.00 *4-Week Pedodsyis ana mpproximation THSCONTRACTIS NOT MAECTOCACELANoRVNE: sos STATEDHEREINL Total Contract Amount $6,110.00 The undersigned hereby authorizes SIGNAD, LTD. to print and execute from designs mulually agreed upon, on bulletin described above, (which is now and shall remain under SIGNAD, LTD. ownership and/or control) and upon conditions stated above. Client hereby promises to pay to the order of SIGNAD, LTO. in Houston, Harris County, Texas, their successors, or assigns, the Tolal Contract Amount" m periodie" four (4)" wéek installments, in the amount shown in the Period Rate column or Bs otherwise stated above, beginning on the Start Date. We further agree to pay for any displays not printed by reason of fallure on our part to furnish or approve copy within fifteen (15) days afler the SIGNAD, LTD signature date of this contract. Required upfront deposit will be applied towards the total contract sum. Signer(s) accept full financial responsibility. Any advertising agency that executes this outdoor advertising contract understands and agrees that they are a principal to the contraci and responsible for any and all payments Guarantor personally guarantees payment ofalls sums duet to SIGNAD, LTD undert this outdoor advertising contract. Payment terms are! NET10. SIGNAD Accounti Executive: Amy Morgan SignAdApproval: Title: OUTDOOR Cilent: THE CITYOF FLATONIA Printed Name: Signature: Guarantor: Title: Date: Date: CORPORATION PARTNERSHIP: a INOMDUAL[ NOTVALID UNTIL APPROVEDE BY ANC OFFICERC OF SIGNAD The signature above confirms thati have reade andu understood! the attached terms and conditions ofthiso contract. Contractno,: 045649 SIGNAD OUTDOOR CONTRACT TERMS & CONDITIONS FOR OUTDOOR. ADVERTISING 1. Provided thep payments agreed upon are not delinquent, agreed upon re-vinyls are to be given ata approximately regulari intervals in new copy submitted ora approved by advertiser, ore existing copy may be re- vinyled, ifr needed, ifnewo copy has not beens submitted or approved by SIGNAD, LTD. All re-vinyls fumished by SignAd must be used priort tot thel last 60 days oft the end date oft this contraçt. 2. Iluminated: spaces are tot be! lighted from sunset tor midnight unless otherwise: stated herein, Where agreedi illumination: service for any reasoni is notf fumished, ap pro rata credito of notr more than 10% ofthe applicable periodr rate for bulletin will ber rendered! by 3. Ifuse of contraçted ocation becomes impractical throughl loss ofl lease, obstruction of view, orf for any other cause, or service on same by materially interrupted, suche event shall not breach ort terminatet this contract, but such lost location may be replaced by another mulually agreed upon location ofe equal value and any servicel lost shall ber made withouta added charge by pro rata extension 4. Itis expressly agreed that SIGNAD. LTD. shall not bel held! liable forl loss or damage ona account of delays due tos strikes, fires, govemmental orr municipal laws, rules orr regulation ora acts ofF Providence, or war, nor forl liability tos secure specific material, orto maintain saido display or any partt thereof by reason ofa any! legislation) heretofore or hereafter enacted by the Federal Government, or any State or Municipal Govemment, or any rules or regulation made by any, departments oft the Federal, State or Municipal Govemment, orf for other causes. SIGNAD, LTDI reserves the rightt to cancel this contracti ifa an opportunityt to upgrade location stated 5. Itis expressly agreed that SIGNAD, LTO. shall not be! bound by any stipulations, representations or agreements note embodied in 6. Itis hereby agreed that upon advertiser's failure, neglect or delayt top pay herein specified, SIGNAD, LTD. may ati its option declare the fullo consideration hereof due and payable and add reasonable attorney fees which advertiser agreest top pay. Notice, protest and demand ond default are waived. Shoulds such defaultr remain uncured for a period oft thirty (30) days, SIGNAD, LTD. shall have the right tob block outs such display in an attempt tor resellt toa ap paying customer, Inv which case the undersigned shall still be liable fort the period oft time remaining undert this contract wherein such display remains unsold plus any additional costs associated with suchr resell. Such cost cani include, buti is notl limitedt to, vinyl cost, vinylr removal fee, andlorr resellf fee. Deposits will bef forfeitedi if this contract goesi into 7. Payments hereunder past due overs sixty (60) days fromt the date of biling shall bear interest at one and one-half(1 1/2%) percent ofo computed periodically on the 11th day ofe each billing period. The ANNUAL PERCENTAGE RATE is nineteen anda al half( (19.5%) percent per annum. Payments received shall bet first applied tos any suchi interest and then tot the oldesti invoices outstanding. 8. Fort the purposes oft this contract, NOTICE DATEI is thirly (30) days prior tot the original expiration date ass stated hereunder. SIGNAD, LTD. will guarantee advertiser first right ofr refusal ont renewal should such renewal bea agreed upon prior to! Notice Date. After Notice Date, nos guarantee is expressed ori implied ast toA Advertiser's rightt tor renew. Int the event written notice of cancellationis not received from Advertiser priort tol Notice Date, SIGNAD, LTD. may, ati its sole option, extend this contract, subject to any appliçable ratei increases, after expiration and continue advertising until thirly (30) days after receipt ofn notice. SignAd has the optiont to cancel Forleited re-vinyls wil not carry overt to ar new contract andi have nov value. SIGNAD, LTD. beginning the day SIGNAD, LTDI became aware ofo outage. ofexpirationa and/or cancellation date ofs said contract. herein arises. the contract. an uncured default. Itisa agreed that venuei is proper Harris County, Texas. extended contract with zero (0) daysr nolice. Initial: CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA11.1.2023.11 Consider and take appropriate action to approve the nominee for the City of Flatonia representative on the Fayette County Appraisal District Board of Directors. Summary: Appointing a nominee to the Fayette County Appraisal District Board of] Directors. Option(s): Imove to approve the nominee for the City of Flatonia representative on the Ifyou are opposed to not 2nd or make any motion. If a motion is not made, the Fayette County Appraisal District Board ofDirectors. item is dead. Sears: Seale: Kocian: Mayor Geesaman Cockrell: Mayor Pro Tem Eversole: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, ift the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. RESOLUTIONI NO. 2023.1L.1 A RESOLUTION OF THE CITY OF FLATONIA TO NOMINATE, APPOINT, AND CAST VOTES IN FAVOR OF APPRAISAL DISTRICTDIRECTORS WHEREAS, the Texas Tax Code authorizes the City of Flatonia to appoint candidates for the position of director of the Fayette County Appraisal District (CAD); and WHEREAS, the taxing entities which participate in Fayette CAD have provided that directors be appointed by individual or combined taxing entities rather than selected by voting entitlements based on levy; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FLATONIA THAT the following individual(s) be nominated and appointed for the position of director oft the Fayette County Appraisal District and that all votes assigned the City of Flatonia are hereby cast in favor of the appointment of the following individual(s): Dated this day of 2023. Presiding Officer Attested: Secretary