Notice of Flatonia City Council Regular Meeting  In: accordance with thej provisions of the' Texas Open! Meetings Act, Chapter 551,Texas Government Code, Noticei isl hereby given thata City Council Meeting willl bel held on Tuesday,September, 10,2024, beginning at 6:00 p.m. in the City Hall Council Chambers located at 125 E. South Main St., Flatonia, Texas, for the purpose of considering the following agenda items:  PUBLIC HEARING  Public Hearing Agenda PH9.2.2024.1  Public Hearing on the proposed budget for Fiscal Year 2025.  MEETING AGENDA  Opening Agenda Call to Order Invocation & Pledge Citizens' Participation Staff Reports Fire Chief Police Chief Utility Director City Manager Consent Agenda C1. C2. Discussion Agenda D1. Deliberation Agenda DA9.2.2024.1 DA9.2.2024.2 DA9.2.2024.3  August Report August Report August Report Augus! Report  Code Enforcement August Report  Consider and take appropriate action on the meeting minutes from August 22, 2024. Consider and take appropriate action on the financial reports from August 2024.  Discuss the 941 tax issue.  Consider and take appropriate action on Ordinance 2024.9.1, an ordinance adopting an Consider and take appropriate action on Ordinançe 2024.9.2, an ordinance adopting an Consider and take appropriate action on Ordinance 2024.9.3, an ordinance adopting the annual budget for the Fiscal Year 2025, including the general fund, the utility funds, the Hotel Occupancy Tax fund, and the Flatonia Economic Development Corporation fund. Consider: and take appropriate action on Resolution 2024.8.3A, an amended: resolution ofthe City ofFlatonia, Texas, authorizing the City Manager and Mayor to enteri into a contract to transferownership ofthe softball field at! McWhirter Park tot thel Flatonial Independent School  amendment to the general fund budget for Fiscal Year 2024. amendment to the electric fund budget for Fiscal Year 2024.  DA9.2.2024.4  District.    DA9.2.2024.5 DA9.2.2024.6 DA9.2.2024.7  Consider and take appropriate action on renewing the annual contract with no changes for Consider and take appropriate action on the request from the Economic Development Consider and take appropriate action on the Promotion and Tourism contracts with the Flatonia ChamberofCommere, the EA. Arnim Museum and Archives, and Flatonia Special Consider and take appropriate action on the interlocal agreement between Region 8  Flatonia Fire and Rescue.  Corporation to change the by-laws.  Projects.  DA9.2.2024.8 Adjournment  Eduçation Service Center and the City of Flatonia.  I,t thet undersigned authority dol hereby certify that the! Notice of! Meeting was posted on the bulletin board outside the front door ofthe City Hall oft the City ofFlatonia, Texas, aj place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time September 6,2024, by 5:00 p.m. and remained: soj posted continuously for atl least 721 hours  preceding the scheduled time ofs said meeting.  Jacqueline Ott, City Secretary  NOTICE OF ASSISTANCE ATTHE PUBLIC MEETING  EXECUTIVE SESSION STATEMENT  The City Council reserves the rightt to adjourn intoe executive session  Thel Flatonia City Halli is wheelchair accessible. Access tot the at any time during the course of this meeting to discuss any of the building is available at the primary entrance facing Main matters listed above, as authorized byt the Texas Government Code, Street. Persons with disabilities who plan to attend this Section 551.071 (Consultations with Attorney), 551.072 meeting and who may need auxiliary aids or services such as (Deliberations about Real Property), 551.073 (Deliberations interpreters for persons who are deaf or hearing impaired, Regarding Gifts and Donations), 551.074 (Personnel Matters), readers, or large print are requested to contact the City 551.076 (Deliberations Regarding Security Devices or Security Secretary'sOffice: at: 361-865-3548 or by FAX 361-865-2817 Audits), 551.086 (Certain Public Power Utilities: Competitive at least two working days prior to the mecting sO that Matters) and 551.087 (Deliberation Regarding Eçonomic This Public Notice was removed from the official posting board at the Flatonia City Hall on the following date and time:  appropriate arrangements can be made.  Development Negotiations).  Agenda Removal Notice  Date and" Time  Jacqueline Ott, City Secretary    FLATONIA  FLATONIA FIRE & RESCUE  216 WNorth Main St, Flatonia, TX 78941  AE  August 2024 Monthly Report  To: From: Subject:  Flatonia City Council Flatonia Fire & Rescue August 2024 Monthly Report  Calls for Service:  There were 13 calls for service in August, bringing the total to 100 calls from January to  August, 2024. The calls in August included the following:  3r medical assist calls 3 motor vehicle accidents 2 grass fires 1 equipment fire  21 fuel burner malfunctions with fire contained 10 cooking fire with fire contained 10 dispatched and canceled en route  Department Training:  The department trained on apparatus equipment handling and storage, with an  overview of where supplies are stored on the different units.  Other News:  The fire department was able to raise close to $9,000 from our Dinner at Darlin's We are beginning to sell the first 2 of our 4 planned vehicles, with the other 2  fundraiser event  planned to be sold in a couple months.    E  FLATONIA POLICE DEPARTMENT 205 E. South Main St. Flatonia, TX7 78941 Office: 361-865-3337 Fax: 361-865-3039  August 2024 Monthly Report  To: From: Subject: Calls for Service:  Flatonia City Council Flatonia Police Department August Monthly Report  There were 266 calls for service for this month. Offense / Incident Report Activity:  On August 1, 2024, officers responded to an aggravated robbery/home invasion. The investigation has yielded two On August 11, 2024, Officer Taylor Amos was dispatched to ai fire near the electric vehicle chargers at the Timewise gas station. When Officer Amos arrived, she observed a small fire behind the electrical box near the electrical vehicle chargers. Officer Amos was able to contain the small fire and provide a description to the responding volunteer  felony warrants ati this time. This case is ongoing.  firefighters. Once firefighters arrived on scene, they managed the scene and fire.  On August 17, 2024, Officer Kalina was dispatched to S. Penn St. fora a report of a car that struck a building. Upon arrival, the suspect had already beeni identified and transported by MED 3f for treatment at a medical facility. The Flatonia VFD was on scene had the street sealed off for safety. Officer Kalia observed that the vehicle lost control, while traveling south and ran through a utility pole and entered into al building causing significant damage and disruption of pawer in On August 20, 2024, Officer Amos approached an individual: sitting on al bench int the city park who she recognized from ap previous interaction earlier that day. The man' was injured and out of water. He told the officer he had nowheret to stay and wasi in need of some personal items, sO officer Amos provided him with a bag donated by the Flatonia Rotary Club that contained miscellaneous toiletries and other items then, she contacted EMS at his request. Officer Amos stayed On Thursday, August 22, 2024, Chief Lee Dick, was off duty, when he received a call from a citizen in Flatonia stating that they had noticed behavior that caused concern for their neighbor, and they were concerned there might be a medical issue. Chief Dick responded tot the scene and observed the: situation to be exactly as described. Chief Dick tried both front and rear doors, with no contact at either door then attempted to call ai friend he knew to be a close acquaintance ofr resident, but they could not reach the subject either. Chief Dick then requested EMS and was advised by dispatch that  the area. This investigation is ongoing.  with thei individual until EMS arrived and transported him to the hospital.    the individual contacted them and advised he was fine. With that newi information, Chief Dick cancelled EMS, thanked On August 29, 2024, Officer Taylor Amos observed an SUV1 traveling at a high rate ofs speed. Officer Amos conducteda traffic stop and while talking with the driver, observed a controlled: substance in the vehicle. Officer Amos then conducted: a probable cause search oft the vehicle and seized the contraband for labi testing. NOFURTHER DETAILED INFORMATION IS PUBLISHED DUE TOON GOING INVESTIGATION OF CASES.  the friend oft the family for assistance provided, and departed the scene.  Arrests and Pending Charges  There were no in custody arrests for the month of August.  Traffic Contacts:  All Flatonia Police Officers, including command staff, have conducted traffic control throughout the city and specifically int 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 ati intersections to address the traffic concerns. On August 15, 2024, Sergeant Tunis met with Clover Connections Daycare staff to discuss security and safety drills for their business. Staff members walked Sergeant Tunis through the current plan and were offered advice on minor In August 2024, al background check was initiated for a potential employee. A "ride along" was also conducted to offer On August 6, 2024, Chief Dick, attended a webinar on1 tourniquet use and conversion, sponsored byt the National Association of Emergency Medical Technicians. This training was one hour of continuing education credit toward In August 2024, all officers completed mandatory online training of cyber security as required by the City of Flatonia. InA August 2024, Chief Dick and Investigator Titus attended a safety and security meeting at Flatonia ISD.  In-Service Training and Events:  improvements.  the applicant an opportunity to become familiar with law enforcement procedures.  recertifying his paramedic license.  August Type  Number  911 Hang Up Agency Assist Accidents Alarm  1 4 4 1 1 5 4  Aggravated Robbery Animal Complaint Citizen Assist    Civil Matter Close Patrol Criminal Mischief Criminal Trespass Disturbance Follow up Funeral Escort Harassment Incident Reports Inquest Missing Person Motorist Assist Offense Reports Possession of Cont. Sub. School Patrol/Security Suicidal Subject Suspicious Person Suspicious Vehicle Theft Traffic Stops Traffic Control Traffic Hazard Training Welfare Check Total  1 145 1 4 5 4 2 1 10 1 1 1 6 1 68 2 4 1 1 35 23 1 2 3 343  Flatonia Police Department    FLATONIA  UTILITIES DEPARTMENT Jack Pavlas, Utility Director 625 W US Highway 90 PO Box 329 Flatonia, TX 78941  Phone: 361-865-3548 Email: pavased.fatona.tkus  August Report  8/1  Explore best way to place new water line on 4th by the Catholic Church. Hit line with backhoe,  repaired.  Trimming street ROW on North Main from Penn, west.  8/2  Explore current piping on Mill St. Call Deen Construction to set up hot tap for Monday AM.  Repair water leak on Baca Loop. Clean curbs in the SW section of town.  Clear electrical ROW on 7th St. between S. Hudson & Penn. Call out to turn off water to high school (leak on customer side) Replace run capacitor and breaker on the north pool pump.  8/4 8/5  Start line replacement of 6" water line on 4th St. Deen Construction hot tapped line on Mill St. City  crew started running 6" PVC.  8/6  Power out at Raphael's Refuge. Pull in new URD cable & terminate. Clear electrical line back to main Bed & cover line run previous day on 4th St. (Old line was hit, repaired. Trench full of water).  feeder.  Attempt to locate existing water line on 4th St. (line not run straight)  8/7  Run pipe on 4th St. water line project. Will & Austin taking pool operator exam.  Shredding. Truck maintenance.    8/8 8/9  Work on water line by Catholic Church. Work on 4th St. water line.  Found sewer line full of roots, replaced lateral, install cleanout @ property line.  8/12 8/13  Work on 4th St water line  Take bucket truck to school to assist with football field light diagnosis.  Finish water line, crossover services to new line.  8/14 8/15 8/16  Read meters. Read meters. Read meters.  Repair 2 water leaks on 3rd near Mill.  8/17  Called out for broken pole due to car crash. Call in personnel, get material together, secure pole, notify businesses of pending outage. At daylight, killed power and replaced pole. (Assistance from Flatonia  PD & VFD)  8/19 8/20 .  Repair water leak on E. 11th. Misc light repair Water samples  Start water line replacement on 3rd St. by the Catholic Church.  Trip to LG to get sand for water project.  8/21  Repair meter & backflow device after truck drove off with it.  Work on 3rd St. water line. Check sewer blockage @ PD Get trucks inspected. Work on 3rd St. water line Auditors @ city hall Meter rereads.  8/22 . .    Flush on 3rd & Market.  8/23  Found tower low on water, checked boosters, found control circuit with no power. Set up bypass  power to get booster running. Repull wire from main to sub feed. Check valve access ini the area Hoffman will be working. Meet with Befco @ sewer plant lift station about berm tol be built.  8/25 8/26  Check water leak @ Legion Hall.  Cross over water customers to new line on W 3rd by the Catholic Church  Repair downed electric line west of Old Waelder Rd.  8/27  Clean up & basei in on W: 3rd. Repair water leak @ American Legion. Start on water leak on E. 4th St.  8/28  Clean up on W 3rd. Finish water leak on E. 4th St. Repair water leak on 3rd! St, Work on packing trench on 3rd St.  8/29  8/30  Replace water meter @ Flatonia National Bank. Sewer blockage @ Food Mart. Prep to pull booster with shorted motor @ Plant #3. Repair electric service drop @ 817 N. Main.    FLATONIA  CODE COMPLIANCE OFFICE 125 E. South Main St. PO Box 329 Flatonia, TX: 78941 To: Flatonia City Council From: Araceli Mancilla DeHernandez Subject: Monthly report Date: AUGUST2024 Compliance Report Summary  Araceli Mançilla DeHernandez, Code Compliance Official  Phone: 361-865-3548 Email: code@c.matona.tk.us  Citizen Concerns/Complaints- Field Investigation Spots- 17 Tall grass/weeds-10 Trash/debris-1 Buldingsystructures-3 Junk vehicles-2 2nd notice - Zoning Ordinance- Prohibited fowl- Prohibited discharge-  Letters sent for:  Notes:  There have been 71 filed closed successfully.  Debris removal- Overgrown grass/weeds- 6 Building moved/or demolished- Prohibited fowl Junk Vehicles-1  1. There is al house that is being demolished at the moment. They are working oni it slowly.    City Manager's Report  To: Mayor Seale & City Council From: Sonya Bishop, City Manager Date: September 10, 2024 Mayor and Council, Planning and Zoning: a) Nothing to report Economic Development: a) Nothing new to report Code Enforcement:  CC: Staff  a) Several letters have been mailed regarding tall grass, trash, tires, and other issues around the community. I would like to ask if citizens have a conçern or complaint and b) There continue to be citizen complaints regarding General Dollars lawn and other areas oftown. We take all complaints seriously and address them immediately.  ifthey contact code enforcement.  Road Construction: a) Utility Projects: Parks and Pool: Administration:  Jack will update a) Jack will give updates.  a) TEEX will be holding a class at the FVD sometime in October. We will work with the b) We were awarded a $500.000.00 CDBG grant from Texas land and Agriculture for waterline repairs and upgrades. This will replace the booster. piping tie ins and electrical controls. Iwill be attending a mandatory meeting on October 2374 in Austin.  Fire chief to work out the details.  Permits  BP-ELECTRICAL MFVU-I MOBILE FOOD VENDING UNIT MOVING- MOVING STRUCTURE PEDDLER - PEDDLER'S PERMIT RR- REROOF PERMIT SETBACKS-F PLACEMENT CHECK SPEVENT: - SPECIAL EVENT PERMIT  3 1 1 1 1 1 2  Financial Report:  a) The audit is still going.  This concludes the City Manager Report for submission at the September 10, 2024, City Council  meeting.    Minutes Flatonia City Council Special Meeting August 22, 2024, at 5:00 p.m.  Public Hearing  PH8.3.2024.1  The public hearing on the proposed tax rate for Fiscal Year 2025 was opened at 5:00 p.m. No citizens were present for participation. The public  hearing was closed at 5:01 p.m.  Meeting Agenda  Present: Mayor Mayor Pro Tem Councilmembers  Travis Seale Joanye Eversole Ginny Sears Allen Kocian Josh Homan Donna Cockrell Sonya Bishop Jacqueline Ott Jack Pavlas Chris Swenning  City Manager City Secretary Utility Director Fire Chief Opening Agenda Call to Order  Utility Supervisor Steve Cobler  Mayor Seale called the meeting to order at 5:02 p.m.  Invocation & Pledge Mayor Seale led the invocation and pledges.  Citizen Participation None Workshop Agenda WS8.3.2024.1 Consent Agenda C1.  The council members discussed the budget for Fiscal Year 2025. The next budget workshop was scheduled for Monday, September 9.  Councilwoman Cockrell motioned to approve the August 13,2024, meeting minutes. Councilman Kocian seconded the motion. None opposed. Motion  carried unanimously.    Deliberation Agenda DA8.3.2024.1  Mayor Pro Tem Eversole motioned to approve the request to increase the maximum funds allowed per quarter in the Promotion and Tourism contracts, which will be renewed for one year. Councilwoman Cockrell seconded the motion. None opposed. Motion carried unanimously. Councilwoman Sears motioned to approve Ordinance 2024.8.2, an ordinançe levying ad valorem taxes for Fiscal Year 2025. Councilman Kocian seconded the motion. None opposed. Motion carried unanimously. Councilwoman Sears motioned to approve Resolution 2024.8.3, a resolution to transfer ownership of the softball field at McWhirter Park to the Flatonia Independent School District. Councilwoman Cockrell seconded the motion. None opposed. Motion carried unanimously. Mayor Seale proposed a budget workshop for Monday, September 9, 2024, to review the proposed budget for the wastewater fund. A public hearing to approve the proposed budget will be held at the next regular meeting on Tuesday, September 10, 2024. Councilman Kocian motioned to end the meeting. Mayor Pro Tem Eversole seconded the motion. None opposed. Motion carried unanimously. Mayor Seale adjourned the meeting  DA8.3.2024.2  DA8.3.2024.3  Adjournment  at 7:03 p.m.  Signed  Travis Seale Mayor Attest  Jacqueline Ott City Secretary    8  5  a a  3 a S la  I DE I Da  E    8 &    88888 00000  0888 o  8  800000 wn  %" w    88888 000  3  9N0000 o  & a    8888 8 0000  0  de  88 00  200000 o  &    aecce0ee A A A A AAA a AAAAA A    -  a d8    : :  A    om a  3  :  &  AR  A    65  3 -  > 4  8 16  -  BA        00  sn de 1e    o  - 3  88 w  D  - e    88888 0 0000  16 -  280900 o  28 d0    N  088 00  00008  88 00  90000 o  8" :    S d0    1        2        2        1    l9 S E    Ea58as            e8            008000 o o  00 sle            a        888    6%o        V                     3            a  60            CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA9.2.2024.1 Consider and take appropriate action on Ordinance 2024.9.1, an  ordinance adopting an amendment to the general fund budget for  Fiscal Year 2024.  Summary: Approve an ordinance. Option(s):  Imove to approve Ordinance 2024.9.1, an ordinance adopting an amendment to Ify you are opposed to not 2nd or make any motion. If a motion is not made, the  the general fund budget for Fiscal Year 2024.  item is dead.  Sears:  Homan:  Kocian: Mayor Seale:  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.    Ordinance 2024.9.1  AN APPROPRIATION ORDINANCE ADOPTING AN AMENDMENT TO THE GENERAL FUND BUDGET  FOR1 THE FISCAL YEAR2 2024.  WHEREAS, the needs of the City of Flatonia have changed since the Fiscal Year WHEREAS, it has become necessary to adjust some of the allocations made in the NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE  2024 budget was passed; and  general fund budget to better meet the needs oft the city;  CITY OF FLATONIA, TEXAS:  That the general fund budget for the Fiscal Year 2024 be amended as follows: See  Attachment A  Increase revenues and expenditures by $75,449.64.  PASSED and APPROVED on this 10th day of September 2024.  CITY OF FLATONIA, TEXAS  Travis Seale Mayor ATTEST  Jacqueline Ott City Secretary  City ofl Flatonia Ordinance 2024.9.1  page lofl  Adopted September 10, 2024    - - B  8 oo 60  - de 10 8  -    888 :  a  de : 6  8 de  -  o o 9        CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA9.2.2024.2 Consider and take appropriate action on Ordinance 2024.9.2, an  ordinance adopting an amendment to the electric fund budget for  Fiscal Year 2024.  Summary: Approve an ordinance. Option(s):  Imove to approve Ordinance 2024.9.2, an ordinance adopting an amendment to If you are opposed to not 2nd or make any motion. If a motion is not made, the  the general fund budget for Fiscal Year 2024.  item is dead.  Sears:  Homan:  Kocian: Mayor Seale:  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.    Ordinance 2024.9.2  AN APPROPRIATION ORDINANCE ADOPTING AN AMENDMENT TO THE ELECTRIC FUND BUDGET  FOR THE FISCAL YEAR: 2024.  WHEREAS, the needs of the City of Flatonia have changed since the Fiscal Year WHEREAS, it has become necessary to adjust some of the allocations made in the NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE  2024 budget was passed; and  electric fund budget to better meet the needs of the city;  CITY OF FLATONIA, TEXAS:  That the electric fund budget for the Fiscal Year 2024 be amended as follows: See  Attachment A  Increase revenues and expenditures by $86,561.25.  PASSED and APPROVED on this 10th day of September 2024.  CITY OF FLATONIA, TEXAS  Travis Seale Mayor ATTEST  Jacqueline Ott City Secretary  City of Flatonia Ordinance 2024.9.2  page lof1  Adopted September 10, 2024        CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA9.2.2024.3 Consider and take appropriate action on Ordinance 2024.9.3, an  ordinance adopting the annual budget for the Fiscal Year 2025, including the general fund, the utility funds, the Hotel Occupancy Tax fund, and the Flatonia Economic Development Corporation fund.  Summary: Approve an ordinance. Option(s):  Imove to approve Ordinance 2024.9.3, an ordinance adopting the annual budget for the Fiscal Year 2025, including the general fund, the utility funds, the Hotel Occupancy Tax fund, and the Flatonia Economic Development Corporation fund. - Ify you are opposed to not 2nd or make any motion. If a motion is not made, the  item is dead.  Sears:  Homan:  Kocian: Mayor Seale:  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.    ORDINANCE 2024.9.3  AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR 2025, INCLUDING THE GENERAL FUND, THE UTILITY FUNDS, THE HOTEL OCCUPANCY TAX FUND, AND THE FLATONIA ECONOMIC DEVELOPMENT CORPORATION FUND.  WHEREAS, the annual budget for the City of Flatonia, Texas (appended as Exhibit"A") for the fiscal year beginning October 1, 2024, and ending September 30, 2025, was duly  presented to the City Council by the City Manager; and  WHEREAS, a public hearing on said budget was ordered by the City Council and was held on September 10, 2024, and notice of said public hearing was caused to be given by the City  Council; and  WHEREAS, said notice was published in the Flatonia Argus and said public hearing was  held according to said notice. FLATONIA, TEXAS:  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the City Manager's proposed budget for the fiscal year beginning October 1,  2024, and ending September 30, 2025, as shown in words and figures in Exhibit "A", is hereby approved in all respects and adopted as the budget of the City of Flatonia, Texas, in compliance with provisions of Chapter 1, Section 5 of the Flatonia City Code which sets forth certain very specific requirements as to the  City of Flatonia.  SECTION2. That there is hereby appropriated the sum of $2,461,186 to the General Fund for  the payment of operating expenses and necessary capital outlay for the City  Government.  SECTION 3. That there is hereby appropriated the sum of$1,187,569 to the Water Fund for the SECTION 4. That there is hereby appropriated the sum of $1,036,479 to the Wastewater Fund  operating expenses and necessary capital outlay for the Water Department.  for the operating expenses and necessary capital outlay for the Wastewater  Department.  SECTION 5. That there is hereby appropriated the sum of $3,482,577 to the Electric Fund for SECTION 6. That the City Council hereby confers upon the City Manager general authority to  the operating expenses and necessary capital outlay for the Electric Department. contract for expenditures without further approval of the Council for all budgeted  City ofl Flatonia Ordinance 2024.9.3  Page 10 of2  Adopted September 10, 2024    items the cost of which do not exceed the constitutional and statutory  requirements for competitive bidding.  SECTION7 7. That this ordinance shall become effective from and after its passage.  PASSED AND APPROVED on the 10th dayofSeptember 2024.  Mayor Travis Seale: Mayor Pro Tem Joanye Eversole: Aye Councilwoman Ginny Sears: Councilman Josh Homan: Councilman Allen Kocian: Councilwoman Donna Cockrell: Aye  Aye_ Aye Aye Aye  I Nay Nay. ;Nay. I Nay. Nay. Nay.  Abstain Abstain Abstain Abstain Abstain Abstain  Absent Absent Absent Absent Absent Absent  CITY OF FLATONIA, TEXAS  Travis Seale Mayor ATTEST  Jacqueline Ott City Secretary  APPROVED ASTO FORM  Barbara Boulware-Wells  City Attorney Page 2of2  City of Flatonia Ordinance 2024.9.3  Adopted September 10,2024    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA9.2.2024.4 Consider and take appropriate action on Resolution 2024.8.3A, an  amended resolution of the City of Flatonia, Texas, authorizing the City Manager and Mayor to enter into a contract to transfer ownership of the softball field at McWhirter Park to the Flatonia Independent  School District.  Summary: Approve a resolution. Option(s):  Imove to approve Resolution 2024.8.3A, an amended resolution of the City of Flatonia, Texas, authorizing the City Manager and Mayor to enter into a contract to transfer ownership oft the softball field at McWhirter Park to the Flatonia If you are opposed to not 2nd or make any motion. If a motion is not made, the  Independent School District.  item is dead.  Sears:  Homan:  Kocian: Mayor Seale:  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 a request and wishes to create a record as to why the denial is justified.    RESOLUTION 2024.8.3A  AN AMENDED RESOLUTION OF THE CITY OF FLATONIA, TEXAS, AUTHORIZING THE CITY MANAGER AND MAYOR1 TOI ENTER INTO A CONTRACT TO TRANSFER OWNERSHIP OF THE SOFTBALL FIELD AT MCWHIRTER PARK TO THE FLATONIA  INDEPENDENT SCHOOL DISTRICT  WHEREAS, the softball field currently owned by the City of Flatonia (hereinafter "City") and located at McWhirter Park cannot be used for any other purpose under their current zoning  and applicable laws;  WHEREAS, the Flatonia Independent School District (hereinafter "District") has the WHEREAS, the District currently uses and maintains the softball field at the District's WHEREAS, the softball field requires significant regard and other work requiring WHEREAS, the District desires to perform the required work to repair and improve the WHEREAS, the District cannot commit to expenditures relating to improvements and/or WHEREAS, the City Council held a public hearing on the issue of the transfer on June WHEREAS, the City desires to transfer the softball field to the District in accordance with $272.001(b)(1) and (5), Texas Local Government Code, as well as in accordance with the terms NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. Findings of Fact. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made aj part hereof fora all purposes as findings of 2. Action Authorized. The City Manager and Mayor are hereby authorized to take all steps necessary to transfer ownership of the softball field to the District pursuant to Sections 272.001(b)(I) and (5) of the Texas Local Goverment Code. The Mayor is authorized to  power of eminent domain under Texas Law;  own expense;  considerable financial investment;  softball field for its own use as well as ongoing public use; repairs on property that the District does not own or lease;  21,2023;  and conditions as set forth herein; FLATONIA, TEXAS, THAT:  fact.  enterinto agreements to effectuate the transfer on behalf of the City.  City ofl Flatonia Resolution 2024.8.3A  Page 1c of2  adopted September 10,2024    3. Value Determined; How' Transfer Effectuated. An appraisal was obtained for the softball field. Such appraisal determined a fair market value of $50,000.00 ("valuation") for the softball field. The district has already paid for considerable work to be done on the softball field. The Parties acknowledge that the current appraised value includes expenditures for improvements that the District previously made tot the softball field. The Parties further agree toallocate the value oft the past and current improvements made byt the District, together with the commitment for future improvements as full consideration paid to the City toward the valuation. Such valuation and ultimate "payment" of such valuation shall be addressed as "credits" given to the District toward the acquisition of the softball field at the fair market value for same. Ifs such past and current credits have not reached the full valuation, the City and District agree that future credits will be made toward such valuation. Upon reaching a final total of"credits"totaling: $50,000.00, the softball field shall be transferred to the District in the form of a Special Warranty Deed. No actual money shall be exchanged between the  Parties.  PASSED AND APPROVED on this, the 10th day of September 2024.  CITY OF FLATONIA, TEXAS  Travis Seale Mayor ATTEST  Jacqueline Ott City Secretary  APPROVED ASTO FORM  Barbara Boulware-Wells  City Attorney  City of Flatonia Resolution 2024.8.3A  Page 2 of2  adopted September 10, 2024    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA9.2.2024.5 Consider and take appropriate action on renewing the annual contract  with no changes for Flatonia Fire and Rescue.  Summary: Approve a contract. Option(s):  Imove to approve renewing the annual contract with no changes for Flatonia Fire - If you are opposed to not 2nd or make any motion. If a motion is not made, the  and Rescue. item is dead.  Sears:  Homan:  Kocian: Mayor Seale:  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:  DA9.2.2024.6 Consider and take appropriate action on the request from the  Economic Development Corporation to change the by-laws.  Summary:  Approve a change in EDCI by-laws.  Option(s):  Imove to approve the request from the Economic Development Corporation to I Ifyou are opposed to not 2nd or make any motion. Ifa motion is not made, the  change the by-laws. item is dead.  Sears:  Homan:  Kocian: Mayor Seale:  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.    ARTICLE III. MEMBERS  Section 3.01 MEMBERS  The Corporation shall have no members.  ARTICLE IV. DIRECTORS  Section 4.01 NUMBER. APPOINTMENT, AND TERM OF OFFICE  The business affairs of the Corporation shall be managed by a Board of seven (7) Directors, twe one of which shall be Flatonia City Council members. Five-(5) Six (6) Directors shall be non-City employees. Two additional members oft the Board: shall be the City Manager and City Secretary in an ex-officio capacity with no voting privileges. Directors shall be appointed by the City Council and serve at the pleasure of the City Council for staggered terms oftwo years, except as provided int the following. Toinitially establish staggering of terms, the City Council shall detemmine the terms oft thei initial Board. City Council members serving: as Directors should, to the fullest extent possible, havel Director terms match thei respective terms as a City Council member. City Council member serving as al Director shall serve: ai term oftwo years or until the expiration of their council term whichever is earlier. Other Directors appointed by the City Council shall be staggered to establish an overall Board composition that has no more than four Directors rotate normally at the conclusion ofthet temm. Unless otherwises specified, thei initial Board: shall begin on October1 1,2017.A Director completing a term, ifqualified, mayber reappointed at the discretion ofthe City Council. Notwithstanding any provisions herein to the contrary, a Director shall hold office until his/her successor shall Each Director shall be ai resident oft the City ofl Flatonia, be a resident ofl Fayette County, or reside at a place that is within ten (10) miles of the City of Flatonia's boundaries and is in a county bordering Fayette County. Any Director may be removed from the office by the City Council  havebeen appointed and qualified.  at will.  Section 4.02 VACANCIES  Inc case of a vacancy on the Board, the City Council shall appoint a successor to serve the remainder of the unexpired term. Any Director or officer may at any time resign. Resignations shall be made in writing to the Board President then forwarded to the City Council and shall take effect at the time specified in the resignation, or,ifn no time be specified, at the time of its receipt by the president of the Board. The acceptance of aresignation shall not be necessary to make it effective, unless expressly sop provided in the resignation.  Adopted January 9, 2018 Amended May 12, 2020 Amended June 9, 2020  Page 4of20    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA9.2.2024.7 Consider and take appropriate action on the promotion and tourism  contracts with the Flatonia Chamber of Commerce, EA Arnim Museum and Archives, and Flatonia Special Projects.  Summary: Approve contracts. Option(s):  - Imove to approve the promotion and tourism contracts with the Flatonia Chamber ofCommerce, EA Arnim Museum and Archives, and Flatonia Special Projects. If you are opposed to not 2nd or make any motion. If a motion is not made, the  item is dead.  Sears:  Homan:  Kocian: Mayor Seale:  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:  DA9.2.2024.8 Consider and take appropriate action on the interlocal agreement  between Region 8 Education Service Center and the City of Flatonia.  Summary:  Approve an interlocal agreement.  Option(s):  Imove to approve the interlocal agreement between Region 8 Education Service Ify you are opposed to not 2nd or make any motion. If a motion is not made, the  Center and the City of Flatonia.  item is dead.  Sears:  Homan:  Kocian: Mayor Seale:  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.    AN INTERLOCALAGREEMENT Between Region 81 Education Service Center and a TEXAS PUBLIC: ENTITY OR LOCALGOVERNMENT  (School, College, University, State, City, County, or Other Political Subdivision)  City of Flatonia, Texas TEXAS PUBLIC ENTITY NAME Region 8 Education Service Center Pittsburg, Texas  Control Number (TIPS will Assign) Schools enter County-District) Number  225 950 County-District Number  Texas Education Code $8.002 permits regional education service centers, at the direction of the Commissioner of Education, to provide serviçes to assist school districts, colleges and universities in improving student performance and increasing the efficiency and effectiveness of school, college and university operations. Authority for an Interlocal agreement to provide such serviçes is granted under Texas Goverment Code $ 791 et seq as amended. Cooperative Purchasing Services under this agreement are extended to all Texas State, City or County Government Agencies, or any other legallyeligible Local This Interlocal Agreement (hereinafter the "Agreement") is effective_ September 10.2024 and shall be automatically renewed unless either party gives sixty (60) days prior written notice of non- renewal. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be determined for cause at any time upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day  Government Entity as defined in the Texas Government Code $791.003.  period to cure any breach.  Statement of Services to bel Performed:  Region 8 Education Service Center, by this Agreement, agrees to provide ooperativepurchasing services to the above-named public entity through a Program known as The Interlocal Purchasing System (TIPS) The purpose oft the TIPS Program shall be to improve procurement process efficiencies and assist in achieving best value for participatingSchool District, University, College, Community College, City,  Program.  County or Other Public Agenciesthrough cooperative purchasing.  Roles of the TIPS Purchasing Cooperative:  Provide for the organizational structure oft the program. Provide staff for efficient operation oft the program. Promote marketing of the' TIPS Program.  Coordinate the Competitively Bid Process for all Vendor Awarded Contracts. Provide members with procedures for placing orders through TIPS POS System. Maintain filing system for Due Diligence Documentation. Collect fees from vendors to support the costs of operations ofTIPS.  Role of the Public Entity:  Commit to participate in thej program by an authorized signature on membership forms.  Designate al Primary Contact and Secondary Contact for entity.  Region 8 ESCTIPS Interlocal Agreement for Texas Members  Revised 2-27-2017-RP  Pagelof3    Commit to purchase products and services from TIPS Vendors when in the best interestoft the Submit Purchase Orders and/or Vendor Contracts through the TIPS PO System byemailing the  entity.  pdfd document to pspo@tups-usa.com,  Accept shipments of products ordered from Awarded Vendors. Process Payments to Awarded Vendors in a timely manner.  General Provisions:  The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement iss subject to all applicable present and future valid laws governing suchprograms. This Agreement shall be govemed by the law oft the State ofTexas and venue shall bei in thecounty in which the administrative offices of RESC 8 are located which is Camp County, Texas. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent oft the Ifany term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from legallyappropriated. and budgeted available funds for the current fiscal year No jointly owned property shall be created by this agreement and, therefore, no provision to dispose of Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation. The site of the mediation shall be in Camp County, Texas or a site mutually agreed by the parties. The selection oft the mediator shall be No Party to this Agreement waives or relinquishes anyi immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and This Agreement may be negotiated and transmitted between the Parties by electronic means and the terms  Parties.  force and effect.  ofeach such entity.  jointly held property is required.  mutually agreed. The cost ofmediation shall be shared equally. performance of the functions and obligations describedherein. and conditions agreed to are binding upon the Parties.  Authorization:  Region 8 Education Service Center and The Interlocal Purchasing System (TIPS) Program have entered  Region 8ESCTIPS Interlocal Agreement for Texas Members  Revised 2-27-2017-RP  Page 2of3    into an Agreement to provide cooperative purchasing opportunities to publicagencies.  This Agreement was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Thei individuals signing below are authorized to do so by the respective parties to this Agreement.  (Ifrequired by the entity.)  Member Entity:  Purchasing Cooperative Lead Agency: Region 81 Education Service Center  City ofF Flatonia, Texas Entity or District Name  By:  By:  Authorized Signature  Authorized. Signature  Dr. David Fitts  Title: Executive Director Region 8 ESC  Print Name: Travis Seale Title: Mayor Date  September 10,2024  Date  Public Entity Contactinformation Steve Cobler Primary Purchasing Person Name 625 US Highway 90 Street Address Flatonia, Texas 78941 City, State 361-865-3548 Telephone Number  361-865-2817 Fax Number  oDler@c.latonakus Primary Person Email Address Jackie Ott Secondary Person Name ettiy@alsonarkes Secondary Person Email Address  Zip  The state of Texas requires an Interlocal Agreement be approved by the respective entities governing  board. You may email completed Interlocal Agreement to tips@tips-usa.com.  Region 8 ESC TIPS Interlocal Agreement for Texas Members  Revsed2-27-2017-RP  Page 3of3