-  a  9  3    /  3  e        N                N        N                                    10                2  o  e    N            -                3            88                                            -  -    D  D  e                                            80      3                    &                0o le 0 1e    5  e I                N    9o l88                            9                                3        Memo  To: From: Date: Subject:  Paul Prause, Melanie Berger Tamela Louvier December 19, 2022 Public Notice in Argus  Please run the following notice in the December 22, 2022, edition of the Argus. Please put the  notice in the legal section oft the paper. NOTICE OF PUBLIC HEARING  #1. Notice is hereby given that a public hearing will be held by the Planning and Zoning Commission of the City of Flatonia, Texas, at the Flatonia City Hall, 125 East South Main, #2. Notice is hereby given that a public hearing will be held by the City Council of the City of Flatonia, Texas, at the Flatonia City Hall, 125 East South Main, Flatonia, Texas, at 6:00 p.m. on  Flatonia, Texas, at 6:00 p.m. on Monday,January 9,2023.  Tuesday, January 10, 2023.  Formal requests for zoning review have been received by the City of Flatonia from:  Travis and Erin Seale requested the Planning and Zoning Commission to consider and take any necessary action on a lot located at, 523 E. North Main St, Flatonia, Tx 78941. The property is identified with Fayette County Appraisal District as PID 27849. The request is to seek reliefof the required property setback of an existing structure they will rebuild ini the same location. The Flatonia Planning and Zoning Commission will hold Public Hearing #1 on Monday, January 9,2023, and make recommendations to the Flatonia City Council regarding the request. The City Council will hold Public Hearing #2 on Tuesday, January 10, 2023, at 6 p.m. and may  act on the Planning and Zoning Commission recommendation. All interested citizens are invited to attend said meetings.    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 Offices: December 14,2022, Receipt # Name of Property Owner: Travis and Erin Seale  Physical address of property affected: 523E. North Main St. Flatonia, Tx 78941  Appraisal District Property ID Number: 27849  Zoning of property (ifk known): GC-Genera Cormerual Requested change: Travis and Erin Seale are requesting to seek reliefo oft the required property  setback of an existing structure they will rebuild in the same location. Mailing address of property owner: 523 E. North Main St. Flatonia, Tx 78941  Contact phone number of property owner: 210-630-9481 Other Information (attach additional page ifnecessary):  Additional information may be necessary.  Broperty Owner  APNL  FOR CITY USE ONLY:  Date of notification to City: December 14, 2022 Deadline for publication in paper: December 19. 2022  Deadline for notification of property owners by mail: December 22, 2022  NOTES:    222282222    IS31DS3W'S  NMESQUITE ST  N-CEDARST  a  NLAGRANGEST  1SBONVHO MIS    December 19, 2022  Notice to Landowners Zoning Change Application  An application has been filed with the City of Flatonia requesting a zoning change for a property Travis and Erin Seale have requested a variance for relief of the required property setback of an: existing structure they wish to rebuild in its same location on property they own: PID 27849, addressed with the Fayette County Appraisal District as 523 E. North Main St., Flatonia, Tx 78941. This property is currently zoned R-1 which allows site built and modular homes only. A public hearing with the Planning and Zoning Commission will be held on Monday, January 9, 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 to the Flatonia City Council regarding the request. The City Council will hold a second public hearing on Tuesday, January 9, 2023, at 6:00 p.m. and may act on the recommendation from the Planning and Zoning The public hearing is open to any interested person. Opinions, objections, and/or comments relative to this matter may be expressed in writing or in person at the hearing. The reply form included with this letter can be used ify you would like to submit written comments. Notice of the public hearing has already been published in the Flatonia Argus. If you have any questions regarding this notice or the Zoning Change Application, please contact City Manager  located in the area ofproperty you own.  Commission.  Sonya Bishop at AIAgTASLlAIOmAIUN or 361-865-3548.    Reply Form  In order to be on record, this form may be filled out and mailed to:  City of Flatonia Planning & Zoning Dept. P.O. Box 329 Flatonia, TX 78941  REPLY Name: Address: Phone: ( Inl Favor () Opposed Reasons and/or Comments:  EIATONIH WATINA! BANK 114 NLGgE B6K130 36/865 3800  ()Ido plan to speak at the public hearing on January 9, 2023. (Ido not plan to speak at the public hearing on January 9, 2023.  Signature:  Bankins  mgR,  tm    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  Consider and take appropriate action on renewal of contract with Sign  DA1.1.2023.1 Ad and HOT funds to continue to be used toj pay for the billboard.  Summary:  HOT funds currently pays for the billboard through Sign Ad and we need to sign the  renewal with Sign Ad. Option(s):  Imove to approve the renewal oft the contract with Sign Ad and HOT funds to If you are opposed to not 2nd or make any motion. If a motion is not made, the  continue to be used to pay for the billboard.  item is dead.  Kocian:  Eversole:  Sears: Mayor Geesaman  Seale:  Mayor Pro Tem Steinhauser:  "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.    Blistoric  E  FLATONI  Bcdnd unwHn  ayny  Antiques S-Museum Railroad Home of Czhilispiel    SIGNAD  OUTDOOR  October 3, 2022 The City of Flatonia 125E. South Main, P.O. Box 329 Flatonio, TX 78941  Re: Billboard Renewal Contract(s)  Ihope this letter finds you having a great day thus far. I've attached your billboard renewal contract(s) for review. Ifyouv would like to continue advertising on the' billboard(s), please sign Ify 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 addintiona/aternative locations, please let your  and return at your earliest convenience.  account executive know what areas are of interest to you.  Amy'scontacti information is as follows:  Amy Brown 281-546-7469 Amy@signad.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 helley@signas.com  1010 NORTHLOOP. P.O. BOX 8626 HOUSTON, TX77249 (713) 861-6013 - FAX(713)861-2107    Contract# 043120R Date:  SICNAD  OUTDOOR  9/20/2022  P.O. Box 8626 Houston, TX 77249 713-861-6013 Customer #: Agency Name: Client Name: Address:  Outdoor Advertising Contract  C000230200 THE CITY OF FLATONIA 125 E. SOUTHI MAIN, PO BOX 329 Board Location  City,State, Zip: FLATONIA, TX 78941  Size 10x32  Start Datel 4-Week 4-Week End Date Period(s)" Net Rate 12/16/2022/ 13.00 12/14/2023  Contract Total $5,850.00  70960.3 1-10/3.2n miE E/OF FM 949/ Sealy-B-RHAWB #ofVinyls Included: 1  RHWB  $450.00  4-Week Net Total  $450.00  4-WoekP Perlod(ajis ans approoimation  THISC CONTRACTI ISN NOTSUBJECTI TOCANCELLATIONI UNLESSS sos STATEDHEREN.  Total Contract Amount $5,850.00  The undersigned hereby authorizes SIGNAD, LTD. to print and execute from designs mutually 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 heraby promises to pay to the order of SIGNAD, LTD. in Houston, Harris County, Texas, their successors, or assigns, the Total Contract Amount in periodic four (4) week Installments, In the amount shown in the Period Rate column or as 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 fumish or approve copy within fifteen (15) days after 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 agancy that executes this outdoor advertising contraci understands and agrees that they are a principal to the contract and responsible for any and all payments. Guarantor personally guarantees paymentofalls sums duet tos SIGNAD, LTDI under thisc outdoor advertising contract. Paymentt terms are NET10.  SIGNAD Account Executive: Amy Brown SignAdApproval: Title:  OUTDOOR  Client: THECINYOFFLATONA Printed Name: Signature: Guarantor:  Title: Date:  Date:  CORPORATION:E PARINERSHP D INDMDUALD  NOTVALID UNTIL. APPROVED BY ANC OFFICEROF SIGNAD  Thes signature above confirms thati have reade and understoodt the attached terms and conditions ofthis contract.    Contractno.: 043120  SIGNAD  OUTDOOR  CONTRACT TERMS & CONDITIONS FOR OUTDOOR/ ADVERTISING  1. Provided the payments agreed upon are not delinquent, agreed upon re-vinyls are tol beg given ata approximately regular Intervals In new copy submitted ora approved by advertiser, ore existing copy may ber re-vinyled, ifneeded, Ifnew copy! has not! been submitted or approved by SIGNAD, LTD. Alln re-vinylsf fumished by SignAdr must be used priort tot thel last 60 days oft the end date ofthis contract. 2. Iluminated spaces aret tobel lighted from sunsett tor midnight unless otherwise stated herein. Where agreedi illumination service for anyn reason isr not furnished, a pro rata credit of not more than 10% oft the applicable period rate forbuletinw will ber rendered by 3. Ifuse of contracted! location becomes impractical throughl loss ofk lease, obstruction ofv view, or for any other cause, ors service on samel by materially interrupted, suche events shall not! breach ort terminate! this contract, but such lost! location may ber replaced! by anotherr mutually agreed uponl location ofe equal value and any service lost shall ber madev without addedo charge by pror rata extension 4. Itise expresslys agreedt that SIGNAD, LTD. shall not bel heldI liable for loss or damage on account ofdelays due tos strikes, fires, governmental orr municipal laws, rules orr regulation or acts of Providence, or war, nor forl liabilityt tos secures specific material, ort to maintain said display ora any partt thereoft by reason ofa anyk legislation! heretofore or hereafter enacted byt the Federal Govemment, or anys State or Municipal Govemment, ors any rules orr regulation made by any departments oft the Federal, State orl Municipa! Government, orf for other causes. SIGNAD, LTDI reserves the rightt to cancelt this contracti if an opportunity tou upgrade location stated 5. herein Itis arises. expressly agreedt that SIGNAD, LTD. shall not be bound! bys any stipulations, representations or agreements not embodied in 6. Itish hereby agreed that upon advertiser's failure, neglect or delayt top pay! hereins specified, SIGNAD, LTD. may at its option declare thet full conslderation hereof due and payable and add reasonable attorney fees whiche advertiser agrees top pay. Notice, protest and demand on defauit are waived. Should such defaultr remain uncured for aj period oft thirty (30) days, SIGNAD, LTD. shall have ther right tot block out such displayl Ine an attempt tor resell to a paying customer, inv whicho caset the undersigned shall still bel liable for the period ofti time remaining undert this contracty wherein such displayr remains unsold plus any additional costs associated with such resell. Such cost cani include, buti is notl limited to, vinyl cost, vinylr removalf fee, and/orr resell fee. Deposits willl bef forfeltedi ifthis contract goesi into 7. Payments hereunder past due overs sixty (80) days from the date oft bilings shall beari interest ato one and one-half( (1 1/2%) percent ofc computed periodically ont the1 11th day ofe eachl billing period. The ANNUALF PERCENTAGE RATEI Is nineteen and al half (19.5%) percent per annum. Paymentsr received shall bet first appliedt to any suchi intereste andt thent to the oldesti invoices outstanding. 8. Fort the purposes oft this contract, NOTICE DATEI Ist thirty (30) days prior tot the original expiration date as stated! hereunder. SIGNAD, LTD. willg guarantee advertisert first right ofr refusal onr renewal should suchr renewal be agreed uponp priort tol Notice Date. After Notice Date, no guarantee is expressed ori implied ast toA Advertiser's rightt tor renew. Int the eventv written notice ofc cancellationis notr recelved fromAdvertiser priort to Noticel Date, SIGNAD, LTD. may, atl Its sole option, extend this contract, subject tos any applicable ratei increases, after expiration and continue advertising untilt thirty (30) days after receipt ofr notice. SignAd has the option toc cancel  Forfeited re-vinyls will not carry overt to ar new contracta and! have no value. SIGNAD, LTD. beginning the day SIGNAD, LTD! became aware ofc outage. ofe expiration andlorc cancellation date ofs said contract.  the contract.  anu uncured default. Itis agreedt that venuei isp proper Harris County, Texas.  extended contract with: zero (0) days notice.  Initial:    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  Consider and take appropriate action on Ordinance 2022.12.1 An appropriations made for the support of the City of Flatonia Texas for the fiscal year beginning October 2022 and ended September 2022 which includes all funds for the end of year budget adjustments.  DAI.1.2023.2 Ordinance amending Ordinance NO. 2019.9.1 relating to  Summary:  Ordinance 2022.12.1 is an Ordinance amending Ordinance NO. 2019.9.1 relating to appropriations made for the support of the City of Flatonia Texas for the fiscal year beginning October 2022 and ended September 2022 which includes all for funds for the  end ofy year budget adjustments.  Option(s):  Imove to approve Consider and take appropriate action on Ordinance 2022.12.1 An Ordinance amending Ordinance NO. 2019.9.1 relating to appropriations made for the support of the City of Flatonia Texas for the fiscal year beginning October 2022 and ended September 2022 which includes all funds for end of year budget adjustments. If you are opposed to not 2nd or make any motion. If a motion is not If you are opposed to not 2nd or make any motion. If a motion is not made, the  made, the item is dead. item is dead.  Kocian:  Eversole:  Sears: Mayor Geesaman  Seale:  Mayor Pro Tem Steinhauser:  "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.    OR/NANCANO.20212  AN ORDINANCE AMENDING ORDINANCE NO. 2019.9.1, RELATING TO APPROPRIATIONS MADE FOR THE SUPPORT OF THE CITY OF FLATONIA, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2022, WHICH INCLUDES THE GENERAL FUND AND THE UTILITY FUND; APPROPRIATING MONEY TO ASINKING FUND TO PAY INTEREST AND PRINCIPAL DUE ONTHE CITY'S INDEBTEDNESS; APPROPRIATING MONEY FOR THE FLATONIA ECONMIC DEVELOPMENT CORPORATION; AND AMENDING THE ANNUAL BUDGET FOR THE FLATONIA ECONOMIC DEVELOPMENT CORPORATION FOR THE 2020 FISCAL YEAR, TO ADD FUNDING FOR A COVID-19 BUSINESS UTILITY GRANT PROGRAM WHEREAS, the City Council ("City Council") of the City of Flatonia ("City"), after proper notice and public hearing, adopted al budget for the 2021-2022 fiscal year: and WHEREAS, the City Council has determined that it is necessary to amend said budget as adopted on September 19, 2021, as amended January 10, 2023, sO as to reflect a change in NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE  AND; AND ESTABLISHING ANI EFFECTIVE DATE.  expenses to cover the addition of funding. CITY OF FLATONIA, TEXAS, THAT:  1. The City Council of the City of Flatonia, Texas hereby amends the budget for the fiscal year beginning October 1,2 2021, and ending September 30, 2022, for the operation of the General Municipal Government of City of Flatonia, its Utility Departments, and the Flatonia Economic Development Corporation in the manner and amounts set forth in Exhibit "A," and hereby adopts the amended budget as set forth in Exhibit "A" attached hereto and incorporated herein. 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 2. This ordinance shall take effect and be in full force immediately upon its final 3. Ifany portion of this ordinance is for any reason held to be invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such portion shall be deemed a separate, distinct, andi independent provision, and such holding shall not affect the validity of the remaining  Flatonia.  passage and approval.  portions thereof.  PASSED AND APPROVED on this  day of January 10, 2022, with  Council  members voting for and Council members voting against.  City ofFlatonia  Ordinance: 2022.12.1 Pagelof2  adopted. January 10, 2023    Dennis Geesaman  Mayor ATTEST:  Tamela Louvier, City Secretary APPROVED ASTOFORM:  Barbara Boulware-Wells  City Attorey  City of Flatonia  Ordinance: 2022.12.1 Page2of2  adopted. January 10, 2023    &  & 8  E à & & D0 à &  -  -  8 de  :8  0    % 9  8 8  3 3 3 5 3 3 3  3  €  > 00  8 : o y  3  8    &  3 3 3  3 3  3 d8 d0  >    3  5 3 3  3 3 3   10  3  8 3888 3 00    %  3 3 3 3 3  3 3   5  de 8  :  5    %  3  3 3 3  B 3 0 3  0    8 8 & 3 S  3 3  3 3 3  4E :  00  0  0 0      8 8 8 %  9  3 5 3 3 3 3  S 3 3  3 3  e  de  2 :  de 0  1 -  2  - :    2 3 a  : - E  3  3  - 1  d0  0 00    E :  E  d0 d0  :  - U    :  E    6  e    2 5  e E 3 - -  : 8  -  > de    & E  00  w -  e 8 e 8 de  8 8    -  - :E -  e : 3  1  - - >        CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  Consider and take appropriate action on the request from Travis and Flatonia, Tx 78941.The property is identified with Fayette County Appraisal District as PID #27849. The request is to seek relief of the required property setback of an existing structure they will rebuild in  DA1.1.2023.3 Erin Seale for a variance on property located at, 523 E. North Main St,  the same location.  Summary:  Travis and Erin Seale are requesting a variance on property located at, 523 E. North Main St, Flatonia, Tx 78941.The property is identified with Fayette County Appraisal District as PID #27849. The request is to seek relief of the required property setback of an  existing structure they will rebuild in the same location.  Option(s):  Imove to approve the request from Travis and Erin Seale for a variance on property located at, 523 E. North Main St, Flatonia, Tx 78941. The property is identified with Fayette County Appraisal District as PID #27849. The request is to seek reliefo oft the required property setback of an existing structure they will Ify you are opposed to not 2nd or make any motion. Ifa motion is not made, the  rebuild in the same location.  item is dead.  Kocian:  Eversole:  Sears: Mayor Geesaman  Seale:  Mayor Pro Tem Steinhauser:  "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:  Consider and take appropriate action on adding City Manager, Sonya Mayor Pro Tem, Catherine Steinhauser and Ginny Sears as signers on  DA1.1.2023.4 Bishop and City Secretary, Tamela Louvier, Mayor Dennis Geesaman,  the Flatonia National Bank Accounts.  Summary:  Consider and take appropriate action on adding City Manager, Sonya Bishop and City Secretary, Tamela Louvier, Mayor Dennis Geesaman, Mayor Pro Tem,Catherine Steinhauser and Ginny Sears as signers on the Flatonia National Bank Accounts.  Option(s):  Imove to approve adding City Manager, Sonya Bishop and City Secretary, Tamela Louvier, Mayor Dennis Geesaman, Mayor Pro Tem, Catherine Steinhauser and Ginny Sears as signers on the Flatonia National Bank Accounts. If you are opposed to not 2nd or make any motion. If a motion is not made, the  item is dead.  Kocian:  Eversole:  Sears: Mayor Geesaman  Seale:  Mayor Pro Tem Steinhauser:  "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.    CityofFlatonia City Council January 10, 2023  Executive Session Certified Agenda  A. AMAOINCIAMENTBYMATOR  Pursuant to the Texas Open Meetings Law (V.T.C.A., Government Code, $551.001 et seq.), the Mayor now calls an Executive Session on the 10th day of, January2023,  at  p.m. under the followingauthority:  1. Section 551.071 - The Council may enter into closed or executive session to discuss pending or contemplated litigation or to seek the advice oft the City  Attorney including Flatonia Volunteer Fire Department.  B.  DISCUSSIONITEM  The subject matter of the Executive Session is as follows:  1. - Deliberation regarding Pending or contemplated litigation or to seek the advice of the City Attorney pursuant to Section 551.071,including Flatonia Voluntary Fire  Department.  Record of further action taken:  No action taken.  Staffinstructed to provide additional information tol be presented at a  subsequent executive session.  Staffinstructed to place item on open meeting agenda for final action.    C. ANNOUNCEMENTBYMAYOR  The City Council has completed thel Executive Session at  p.m. on the  10th day of, January2023.  D. CERTIFICATION  Ihereby certify that this Agenda of an Executive Session oft the Flatonia City Council is at true and correct record of the proceedings pursuant to those sections oft the Texas Government Code under which a description of the discussion is provided  above.  WITNESS my hand this 10th day of, January: 2023.  Dennis Geesaman  Mayor  ATTEST:  Sonya Bishop City Manager    Flatonia  FLATONIA)  CityCouncil Staff Report  January 10, 2023 Council Meeting  Executive Session  ES1.1.2023.1  As authorized by Texas Government Code Sec. 551.071 (Deliberation Regarding pending or contemplated litigation or to seek the advice of the City Attorney including the Flatonia Voluntary Fire Department.) the Council may enter into closed or  executive session to discuss the following matter:  Voluntary Fire Department Agreement    CITY OFI FLATONIA, TEXAS FLATONIA FIRE. AND RESCUE  AGREEMENT FOR FIRE: PROTECTION SERVICES WITHTHE  WHEREAS, The City of Flatonia desires to ensure the City has full and professional fire protection and emergency WHEREAS, the City of Flatonia Fire and Rescue (FFR) desires to provide full and professional fire protection and WHEREAS, It is the desire of both parties that the FFR receive adequate funding for quality professionals,  rescue services;  emergency rescue services to the City of Flatonia and surrounding vicinity;  equipment, and facilities to provide fire protection and emergency rescue services for the City; WHERAS, It is the desire ofboth parties to enter into this Agreement for Fire Protection Services.  ARTICLEIFLATONIA FIRE & RESCUE  Section 1. Parties.  This agreement is entered into between the City of Flatonia (the City), a municipality located in Fayette County, Texas, and the Flatonia Fire & Rescue (FFR) ani incorporated non-profit in the business of providing fire protection  and emergency rescue services in the City of Flatonia and the surrounding vicinity.  Section 2. Fire Protection and Emergency Rescue Services  Its shall be the duty oft the FFR to prevent, control and suppress any and all fire hazards that may affect the city and persons and property therein. Additionally, the city council and FFR may elect to extend volunteer fire department ofthe city coverage areas beyond the city limits, in which case such fire prevention, control and suppression shall It: shall be the duty oft the FFR and all assistants to perform such other activities that will serve to protect persons or property within the city. Additionally, the city council and FFR may elect to extend emergency service coverage areas beyond the city limits, in which case such emergency services shall extend to those areas. Thel FFR agrees to exert its best effort to respond to and combat any and all fires and potential fires and to respond toa anya and all emergency rescues within the City. FFR will control the work and the manner in which iti is performed, consistent with and subject to Federal, State, and local statutes and applicable ordinances.  extend to those areas.  Section 3. Personnel, Supervision, Training  The FFR will provide personnel, and ensure it consistently has sufficient personnel, to respond to any emergency that may arise including, yet not limited to, fire, tornado, severe storms, building collapse, vehicle accidents, emergency medical services (when requested), floods, emergency management, and other natural or human-made emergency situations that may arise and shall require the response of the Department as requested by the city, as The FFR will ensure that all firefighters and other personnel are properly and sufficiently trained to safely provide and efficiently provide the emergency services mandated herein. The City is not responsible for, liable for, and will  indicated in Section 2 above.  not provide any, training to fire fighters in the FFR.  Section 4. Equipment.  The FFR will purchase, lease, or otherwise obtain the equipment, vehicles, and façilities necessary for safe operation and management of all emergency situations that may arise and to fulfil its obligations under this agreement. FFR shall maintain the fire engines and fire protection apparatus including ensuring that all routine maintenance is performed in accordance with manufacturers recommended warranties. It will also assist in the    maintenance and repair ofe equipment (including personal protective equipment, trucks, hoses, ladders, nozzles and the like) provided byt the city,ifany, and operate the equipment in ai manner that assures the safety ofoperations as  well as the citizens oft the community. Section 5. Reports and Budgeting  The FFR will provide bi-annual reports to the City by the last day of January and July each year regarding: b) current personnel rosters including who is authorized to mobilize the FFR and operate FFR vehicles; c) thes sufficiency and condition of equipment, vehicles, and facilities obtained or maintained with funds paid d) aProfits and Loss Report and Balance Sheet from a third-party Certified Public Accountant for the e) ap proposed annual budget for the following fiscal year, which is accepted as sufficient by City Council.  a) incident information including date, type, and total man hours fori incidents;  by the City;  previous year (January), and current year (July); and  (July)  ARTICLE II THE CITY  Section 6. Insurance coverage for volunteers and vehicles  Within thirty (30) days ofthe effective date ofthisa agreement, the City shall obtain worker's compensation insurance or self-insurance coverage for all of the volunteers and shall obtain liability insurance coverage on all vehicles utilized by the department in ai minimum amount equal to the Texas Tort Claims Act limits. The City shall provide  proof of such coverage to the Fire Department.  Section 7. Benefits.  The City will pay into thel Firefighter's! Reliefand Retirement Fund for persons already eligible, as well as members  becoming eligible in the future. Section 8. Miscellaneous  The City may elect to provide find compensation for equipment, supplies, or utilities necessary for the operation of FFR. To obtain compensation for these items FFR must provide an unpaid bill or invoice within 14 days of receipt. The City and FFR can also arrange to have certain bills or invoices sent directly to the City for payment.  The City reserves the right to decline a request to pay a bill ori invoice.  Section 9. Funding.  The City Council for the City of Flatonia will consider the budget report provided by FFR pursuant to Section 5 above as part ofits annual budget. The City Council will award an amount to the FFR based on that budget annually For Fiscal Year 2022-2023, the City will provide the FFR with sixty-thousand dollars ($60,000.00) which  which encompasses amounts spent on items under Sections 6-8. encompasses the amounts spent on items under Section 6-8.  ARTICLE III. GENERAL  Section 10. Conflicts ofInterest.  Municipal Officers who serve as volunteer firefighters may not participate in the preparation oft budgets or    ordinançes relative to the FFR. To avoid the appearance ofi impropriety, the Municipal Officer should, yet is not required to, abstain from voting oni issues relating solely to the FFR unless abstention is otherwise required by law.  Section 11. Effective Date.  This agreement shall be effective upon signing by all parties. Section 12. Indemnification and Immunity.  No parties herein waive their legal rights and responsibilities by entering into this agreement. The FFR shall indemnity, defend, and hold harmless the City, its officials, employees, and agents to the fullest extent permitted by law from any and all liability, loss, damage, cost, or expense (including, without limitation, attorney's fees) arising from or relating to the activities oft the Fire Department pursuant to this Agreement. The City shall indemnify, defend, and hold harmless FFR, their officials, employees, and agents to the fullest extent permitted by law from any and all liability, loss, damage, cost, or expense (including, without limitation attorney's fees) arising from or relating to the activities of the City pursuant to this Agreement.  Section 13. Termination.  Thej parties may terminate this agreement for convenience with 90-days written notice to the other party. Ifthe City terminates this agreement for convenience, it forfeits funds already paid under this agreement. Ifthe FFR terminates this agreement for convenience any funds paid directly to FFR must be prorated and refunded for all The parties may terminate this agreement for cause with written notice and 30-days opportunity to cure. Ifthe breach is cured the non-breaching party will confirm continuation ofthe agreement in writing. Ifthe City terminates for cause any funds paid directly to FFR must be prorated and refunded for all days after the effective  days after the effective termination date.  termination date.  Section 14. Annual Review cancelling, or reaffirming, by the City.  The terms and conditions oft this agreement will be reviewed every August, and will be subject to changing,  Signed this  day of January, 2023.  FLATONIA FIRE & RESCUE  CITY OF FLATONIA,TEXAS  By: ATTEST:  By: Dennis Geesaman, Mayor  Tammy Louvier, City Secretary