FLATONIA)  CITY OF FLATONIA REGULAR CITY COUNCIL MEETING Council Chambers/City Hall 125 E. South Main, Flatonia, Texas 78941 December 12, 2023  City Council Meeting 6:00 pm  AGENDA  Opening Agenda Call to Order Invocation & Pledge Citizens' Participation Public Hearing PH12.2.2023.1  Public Hearing on the request from Linda Wiley for a replat on the property located at 714 South Faires Street, Flatonia, Texas 78941. The property is identified with the Fayette County Appraisal District as PID #110024. The request is to divide the property into two Public Hearing on the request from Stephen Reddish for a replat on the property located at 734 South Market Street, Flatonia, Texas 78941.1 The property isi identified with the Fayette County Appraisal District as PID: #27486. The request ist to divide the property intot twol lots.  lots.  PH12.2.2023.2  Reports  Police Chief Utility Director Code Enforcement City Manager Consent Agenda  November Report November Report November Report November Report  C1. Consider and take appropriate action on the meeting minutes from November 14, 2023. C2. Consider and take appropriate action on the financial statements for November 2023.  Deliberation Agenda    DA12.2.2023.1  Consider: and take appropriate action to approve the request from Linda Wiley forareplato on the property located at 714 South Faires Street, Flatonia, Texas 78941. The property is identified with the Fayette County Appraisal District as PID #110024. The request is to Consider and take appropriate action to approve the request from Stephen Reddish for a replat on the property located at 734 South Market Street, Flatonia, Texas 78941. The property isi identified with the Fayette County Appraisal Districta as PID#27486. Ther request Consider and take appropriate. action to approve Ordinance 2023.12.1.al Police Department budget amendment. The request is to deduct $3,681 from personnel funds and move it to Consider and take appropriate action to approve the proposed contract with Schneider Consider and take appropriate action to approve the proposed contract with AT&T. Consider and take appropriate action to approve the quote of $18,800 from Compass  divide the property into two lots.  DA12.2.2023.2  is to divide the property into two lots.  DA12.2.2023.3  equipment funds for the purchase ofl body cameras.  DA12.2.2023.4 DA12.2.2023.5 DA12.2.2023.6 Adjournment  Engineering.  Abatement to remove asbestos from the old: firehouse.    I,t thel undersigned authority dol hereby certify that thel Notice of Meeting was posted oni the bulletin board outside the front door oft the City Hall oft the City of Flatonia, Texas, a plaçe convenient: and readily accessible to the general public at all times and said) Notice was posted on the following date andt time December 8, 2023, by 5:00 p.m. and remained so posted continuously for at least 72 hours preceding thes scheduled time ofs 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 services such as interpreters for (Deliberations about Real Property), 551.073 persons who are deaf or hearing 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 FAX 361-865-2817: at Security Devices or Security Audits), 551.086 (Certain least two working days prior to the meeting so that Public Power Utilities: 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 thel Flatonia City Hall on the following date and time:  By:  Jacqueline Ott, City Secretary, City of Flatonia    O  FLATONIA POLICE DBPARIMENT 2051 E. South Main St. Flatonia, TX 78941 Office: 361-865-3337 Fax: 361-865-3039  November 2023 Monthly Report  To: From: Subject: Calls for Service:  Flatonia City Council Flatonia Police Department November 2023 Monthly Report  There were 266 calls for service for this month. Offense /Incident Report Activity:  On Friday, November 3, 2023, Officer Amos, Investigator Titus, and Chief Dick provided a courtesy escort past the school and out of town for an athlete going to a state track competition. The procession passed through town where many citizens On Sunday, November 5, 2023, Officer Amos assisted Fayette County deputies with removing ai female from a home she broke into. Officer Amos immediately recognized the female was suffering from "mental distress" and was invaluable in identifying the problem and convincing the female to come out of the house to receive an evaluation at the Fayette County On Wednesday, November 8, 2023, Officer Amos and Chief Dick attended a Ministerial Alliance Meeting. The meeting was established to address the processes, successes and ongoing cooperative efforts to continue to provide the most possible On Friday, November 10, 2023, Officer Amos and Investigator Titus attended and provided security at the Flatonia ISD Veteran's Day Assembly. This assembly is an annual event that honors those who have served in the past, those who are On Sunday, November 5, 2023, Officer Amos and Chief attended the Flatonia Baptist Church's annual Veteran's Recognition Breakfast. The Church is kind enough to include first responders in their recognition and invites the police department every On Monday, November 13, The Flatonia Police Department was honored to be recognized by the Flatonia ISD as the November Bulldogs oft the Month. We are thankful to FISD for the recognition and the strong partnership. Officer Amos, On Saturday, November 18, 2023, Chief Dick, Officer Amos, and Radar (the Departmental Mascot) attended the Cityof  showed support and wished him success.  Sherriff's Office.  benefit from the program.  presently serving, and students scheduled to begin service after high school.  year. This year Chief Dick and Officer Amos participated in the ceremony and breakfast.  Investigator Titus, Sergeant Tunis, and Chief Dick were present to receive the award.    On November 27, 2023, Officer Kalina responded to a report of three individuals attempting to damage property at a local gas station. Officer Kalina located three individuals believed to be responsible for recent fuel thefts throughout the area. The three subjects were arrested and transported to Fayette Countyi jail. Additionally, an observant citizen reported a suspicious van in the area. Officer Amos, Investigator Titus, and Chief Dick were able toi identify and secure a van that had been retrofitted with large tanks and high-volume pumps and is also believed to have been involved in the ongoing thefts. On November 29, 2023, Officer Roggenkamp, Investigator' Titus, and Chief Dick provided an escort for the parade leading into the Flatonia annual Lighting of Santa's Village. Sergeant Tunis attended the event and provided security. NO FURTHER DETAILED INFORMATION IS PUBLISHED DUE TOC ON GOING INVESTIGATION OF CASES.  Arrests and Pending Charges  There were 3 (three) direct custody arrests for the month of November.  Traffic Contacts:  All Flatonia Police Officers, including command staff, have conducted traffic control throughout the city and specifically in the areas of 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.    August Type  Number 12 1 3 0 3 96 0 0 0 84 0 1 0 0 5 0 91 10 6 2 0 28 0 22 364  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    November 2023  11/1  Take down Czhilispiel banners. Repair water leak on S. Hudson near 1st. Repair leak in 7 acre Park.  Identify leak in McWhirter Park (wait on hydro-vac for excavation)  11/2  Hang light to replace the fixture broken in the wreck on 10/29. Repair leak on fire hydrant on Colorado & 2nd. Hook up electrical service & stab meter on Old Hallettsville & Hudson. Replace leaking fitting sewer cleaning machine.  11/3  Set meter pole, transformer, & secondary for new customer on Hwy 901 W. Assist Smiley Tire with tire replacement and rotation on the maintainer.  Repair throttle control on digger truck. Set meter loop @7acre park. Power outage on 2nd & Mill. Chlorinator issues @ well #10. Sewer blockage @ L&G.  11/6  Take water samples to Bastrop. Pick up repaired hydro vac. Trim tree at this location. Replace LL restroom lights with LED. Replace 2 water meters.  Cut large broken limb out of tree in the North Main ROW.  11/7  Repair leak on fire hydrant on 4th & School St. Clean up spoil from water & sewer taps on Hudson & 2nd. Repair hydrant leak on Converse between 3rd & 4th.  11/8    Replace secondary to house on 95 @9 9th.  11/9  Hook up temporary electrical service @ museum livery stable.  Replace blown hydraulic hose on the hydro vac. Removed another hose, but could not  get parts to replace it. On order. Patching Misc. work orders.  11/11 11/13  Power outage call out to SMill. Limb broke over power line. Trim tree, replace fuse.  Pick up limbs cut over the weekend. Maintenance. Bid opening for IH-10 bore.  Replace another bad hydraulic hose on the hydro-vac.  11/14  Repair water leak in McWhirter Park.  Patching.  11/15  Repair water leak on 95N. Read meters.  11/16  Finish reading meters. Repair 2 street lights  Repair control problem @ sewer plant lift station.  11/17  Hook up load center @ the gazebo by city hall.  Repair 3 street lights. upcoming sidewalk project. Power outage on Hwy 955 S.  Cut electrical ROW and chip near Rest Haven in preparation to move utilities for  Lay out traffic barrels & prep for sesquicentennial event. Replace burned wire in panel @ McWhirter Park.    11/19 11/20  Call about sewer blockage on 609 N. Customer issue Tear down, clean up after sesquicentennial event. Repair water leak on 95S between Sth & 6th. Start checking Christmas decorations. Meet with TXDOT about Shell project. Meter disconnects for non-payment.  11/21  Meter rereads. Patching  Replace water meter to the high school.  11/22  Sewer blockage 12th & N. Converse.  Lower sewer line & install cleanout for new construction S. Hudson & Old Hallettsville.  11/27  Haul stage from city hall to chamber storage building.  Sewer blockage on 4th & Mill Sewer line on 4th & Mill. Work on Christmas lights. Start on water leak on gth & Colorado.  11/28  11/29  Replace water service line from the main to the meter @ 9th & Colorado.  Work on Christmas lights. Work on Christmas lights. Shredding.  11/30  Complete brake job, pack wheel bearings, oil change on Ford Ranger.    & FLATONIA)  CODE COMPLIANCE OFFICE 125 E. South Main St. PO Box 329 Flatonia, TX 78941  Araceli Mancilla de Hernandez, Code Compliance Official  Phone: 361-865-3548 Email: ode@c.fatonia.kus  To: Flatonia City Council From: Araceli Mancilla de Hernandez Subject: Monthly report Date: November 2023 Compliance Report Summary Phone calls made for: Trash/debris-1 In-person meetings: Trash/debris-1  2Citizen Concerns/Complaints  Notes:  Completed Code Enforcement certification course November 13-17, 2023.    City Manager' 's Report  To: Mayor Geesaman & City Council From: Sonya Bishop, City Manager Date: December 12, 2023 Re: Monthly City Manager's Report  CC: Staff  Mayor and Council, 1. Planning and Zoning:  During the planning and zoning on December 4th, 2023, the following was voted on. 1. Replat 714 South Faires Street. PID 11024. This was approved by the committee. 2. Replat property 734 South Market Street PID 27486. This was approved by the 3. Replate 115 South Mesquite Street PID. 27771. This was denied by the committee. The lot size did not meet the requirements. They were advised to possibly seek a  Three public hearings were. held.  committec. variance.  2. Economic Development:  EDC held a meeting November 30, 2023  a. Sala De Soul was presented with al BIP grant of$10,000.00. b. Clover Connection was presented with a Façade grant for $2,000.00. The committee is moving $90,000.00 into a CD.  d. The project list was updated.  Code Enforcement:  a. A report will be submitted.  Road Construction: Utility Projects:  a. Jack will give updates regarding streets.  a.Jack will update.  Parks and Pool:    a. The restrooms at 7-Acre Park were halted due to the quality of work. Upon inspection it was deemed the construction will need to be demolished and rebuilt. EDC will be  discussing this in a future meeting.  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.lam taking advantage of all free classes they b. City employees are discussing possibly hosting a Spring Festival the weekend prior to spring break. March 23"d. This is just a discussion at this point. This event will be at  offer that relate to the city business.  the McWhirter Park  Financial Report:  a. The auditors got the journal entries to us; however, several were not done. The entries would put pool cash out ofbalançe. Ic contacted the auditors and she said, "We do not understand Incode, you will have to figure it out". Ireached out to a few different auditing firms to ask ifthey could help. Ihave not gotten any response. Ia am continuing This concludes the City Manager Report for submission at the December 12, 2023, City Council  to work on this issue.  meeting.    FLATONIA)  Minutes Flatonia City Council Regular Meeting  November 14, 2023, at 6:00 p.m.  Present: Mayor Mayor Pro Tem Councilmembers  Dennis Geesaman Joanye Eversole Ginny Sears Allen Kocian Donna Cockrell Travis Seale Jacqueline Ott Lee Dick Jack Pavlas  City Manager City Secretary Police Chief Utilities Director City Attorney Opening Agenda Call to Order  Sonya Bishop (via conference call)  Audrey Guthrie (via conference call)  Mayor Geesaman called the meeting to order at 6:00 p.m.  Invocation & Pledge Councilman Kocian led the invocation and pledges.  Reports Police Chief Utility Director  October Report October Report  Mayor Pro Tem Eversole asked about the new project at the Flatonia Elementary cafeteria. City Secretary Ott informed the Council that Code Enforcement Official Hernandez is  Code Enforcement October Report  taking an online course to become certified.  City Manager  October Report  City Manager Bishop reminded the Council that the Flatonia Sesquicentennial celebration will be held on Saturday, November 18, 2023. Councilman Seale asked about the restroom project at 7Acrel Park. Councilwoman Sears said EDC will discuss thei issue at their meeting on November 20, 2023, and she will have more information for the Council afterward. Councilwoman Cockrell asked about the 2020-2021 audit. City Manager Bishop said the auditors are still working and should have an answer by December 1,2023.    Consent Agenda C1. C2. C3.  Councilman Seale motioned to approve the October 4, 2023, meeting minutes. Councilwoman Cockrell seconded the motion. None opposed. Motion carried. Councilman Seale motioned to approve the October 16, 2023, meeting minutes. Councilwoman Cockrell seconded the motion. None opposed. Motion carried. Councilman Seale motioned to approve the financial statements for October 2023. Councilwoman Sears seconded the motion. None opposed. Motion carried.  Deliberation Agenda DA11.1.2023.1  Noa action was taken as the Public Hearings necessary toj proceed were: not posted properly. Mr. Estrada was allowed to speak in a Citizen's Participation capacity. He expressed frustration with the process and lost revenue due to the government's red tape. Mayor Pro Tem Eversole requested a Special City Council meeting as soon as possible. City Secretary  Ott determined that date to bel December 5, 2023, at 5 p.m.  DA11.1.2023.2 DA11.1.2023.3  No action was taken.  Councilwoman Cockrell moved to approve appointing Herbert Mann and Ted Bratton to serve on the Housing Authority's Slate of Commissioners for a term of two (2) years. Mayor Pro Tem Eversole seconded the motion. None opposed. Motion carried No action was taken. Joseph Willrich with BEFCO Engineering was present to discuss the delayi in the bid. A clarification needs to be made with the Texas Department tofAgriculture grant program before we can award the bid. This item was determined to be added to the Mr. Willrich informed the Council the grant amount is $234,310, and the recommended bid is $304,899.15, making the project $70,589.15 over budget. His recommendation is to approve the bid as is. When the contract is signed, we will immediately submit a change order to remove some items to reduce costs. Utility Director Pavlas will perform the extra work. Mayor Pro Tem Eversole moved to approve and accept the bid received from TTE, LLCon October 24, 2023, for the GLOCDBGI MIT #22-119-001-D359 grant. Councilman Seale seconded the motion. None opposed. Motion carried unanimously. Mr. Willrich updated the Council on the changes in grant projects for the GLO CDBG MIT-MOD grant. The grant administration did not approve the previously approved projects for sludge removal and water line upgrades near the school. The alternative projects suggested are an interconnect water line with Fayette County near FM 154 and Nickel Mica Road and a water line upgrade from South Converse Street, under the railroad, to North Converse Street. Councilman Seale moved to approve the proposed projects using funds from the GLO CDBG MIT-MOD grant application. Mayor Pro Tem Eversole Councilwoman Sears moved 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. Mayor Pro Tem Eversole seconded the motion. None opposed. No action was taken. The negotiated lease is still under review with the American Legion.  unanimously.  DA11.1.2023.4  Special City Council meeting agenda on December 5,2023.  DA11.1.2023.5  DA11.1.2023.6  seconded the motion. None opposed. Motion carried unanimously.  DA11.1.2023.7  Motion carried unanimously.  DA11.1.2023.8    DA11.1.2023.9 DA11.1.2023.10  No action was taken. The negotiated lease is still under review with the American Legion. Councilman Seale moved to approve the SignAd annual contract for $6,110: for the City of Flatonia advertising billboard in Sealy, Texas. Councilman Kocian seconded the motion. Mayor Geesaman nominated Terri Wilkes. Councilwoman Sears moved to approve nominee Terri Wilkes for the City of Flatonia representative on the Fayette County Appraisal District Board of Directors. Councilman Seale seconded the motion. None Mayor Pro Tem Eversole moved to end the meeting. Councilwoman Cockrell seconded the motion. None opposed. Motion carried. Mayor Geesaman adjourned the meeting at  None opposed. Motion carried unanimously.  DAIl.1.2023.11  opposed. Motion carried unanimously.  Adjournment  6:48 p.m.  Signed  Dennis Geesaman  Mayor Attest  Jacqueline Ott City Secretary    3 / - 2  E  €  - bo  C N  :  à  e  :  2  l6  1  8 @ Y  -    3  - - K  E  8  - 0  S E  9  D  - O - O - -  a  1E  0 -  9    8888  o  800000  %    N8888  8  608   0  20000  %"  88    :  o    9  iii:  I  -  a I4  :  33  DE    iiil :  98    n  :  -  -  F o1 - 88  e    - iii iil  -  S    : :  iii la  :  - -  9        3 -  E - de    :    28 e  E 6    $  E  20000  2"  22 22    288899.    5 y / 8  -  C N  I  a  f - 2 8 a  I        2        2                3 / 8  @ e 5 a €  :  C N  a  f o  E  -  :  1  A @    le  3178    088  888        88008    88889        888    388888    888,    9  8888 oo a  88 88 d d 88  88  de  8888 o            :  888  00    5 00  888    8888    o        %881  8888                888888    8888    Planning and Zoning Report  Meeting held December 4, 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: 12.1.2023.1 - Considered request from Linda Wiley for a replat on PID #110024. The property is located at 714 South Faires Street, Flatonia, Texas 78941. The request is to divide the property  into two lots.  The commission approved the request unanimously with one member abstaining. Commissioners for: Increase in residential housing available.  12.1.2023.2- Considered request from Stephen Reddish for a replat on PID #27486. Thej property is located at 734 South Market Street, Flatonia, Texas 78941. The request is to divide the property The commission approved the request with a vote of three (3) yays, one (1) nay, and one (1)  into two lots.  abstaining.  Commissioners for: Increase in residential housing available. Commissioners against: No explanation provided.  Report filed by: Jacqueline Ott City Secretary  City ofFlatonia Planning and Zoning Commission    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA12.2.2023.1 Consider and take appropriate action to approve the request from  Linda Wiley for a replat on the property located at 714 South Faires Street, Flatonia, Texas 78941. The property is identified with the Fayette County Appraisal District as PID #110024. The request is to  divide the property into two lots.  Summary:  Ap property replat request.  Option(s):  Imove to approve the request from Linda Wiley for a replat on the property located at 714 South Faires Street, Flatonia, Texas 78941. The property is identified with the Fayette County Appraisal District as PID #110024. The request I Ify you are opposed to not 2nd or make any motion. If a motion is not made, the  is to divide the property into two lots.  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 on a request and wishes to create a record as to why the denial is justified.    City of Flatonia POBox 329 125ESouthl Main Flatonia, Tx7 78941 361-865-3548 Replat Application  Applicant: bida Aavakkiley Jam the: Property owner 1 Developer_ Property owner:, Linda NAUAK kiley Email: laley/PIPyaAr2. com.  Agent_  Engineer_  Surveyor_  Mallinga address:, 1428 BARdIEN SYGONzAlEs ZK 7629  Phone:. 512-4h-505D  Developer or Agent:. Malling address:. Emall: Contact person:.  Phone:  Engineer or Surveyor: BactwrAsagiale KANd, Surnyig  Mailinga address:,7573 Coanikykond WOO Emall:. CBArtONE Phagtawsrryn Com Contact person:. Cole BArtoN, RPLS Proposed land use: Resideatial  akReL,R7R5  haMLEATY  H9IY ae PID:9502  Current Zone: K-/  Current land use: Residentinl  Is2 zoningchanger required:_ Mo Number of lots existing: L Number of lots proposed: 2 Legal description of lot: FAIRES AMTAEAAREARSS (Ust) known! liens/other property owners! # owned by more than one person. Attachas separate paget #mores spacek lar needed.)  Names of all LienholderyProperty Owners, address and phone number: 1. MARV MOVAK MeWmAN -DUNEE  ALIAAAE Amh3/S/, SAgeHlAN 777419 822-503-9061 2. belnidn MauAk Kley-owNer IHAPHAdIE St Gowiala 70297R-ASN  Describe all easements or fee strips previously granted across or within the property.  Applicant's checklist:  Form is completely flled out  Property owner authorlzationi isc completad (" applicable) Taxn recelpt showing cument ona ally propertyt taxes  Parcel mapi printed from thel FCAD website, dearlyindicatingt the location and boundarles oft thes subject property 2coples, minimum 18"x24" Prelimninary: Plat attached, deariyl Indicating required data from submittal pecket icertlfyt that thel Information conceming the proposed subdivision is true ande correct and thattam the property owner or authorised agent for the owner oft the above described property.  Owner/Agent! aN Printed namenaay NEMANl  EIHA Mley Date_ FMAn  1,2023    Property ID: 110024 For Year 3:0230  Vevsian Fr:  9Map  OGCLAMED  27482 27462. * 180 iRES. WA 27459 27459 110024 110024  27447 27487 Hro 27481 27461  272 27472  27454 27454  27473 27473 27479 27479. 27476 27476  00330 60330  47510 510  2U 27477  ProperlyDetalls Account Property ID: Type: Property Use Lisstion Situs Address: Mapl ID Legal Descrption: Neighborhood. Ownet Owmer o: Name Agent MalingAddress: 4 Ownership Exemptions:  Property) Values Improvement! Homesite Value Improvement Non- Homesite Value Land Homesite Value Land Non Homesite Value Agncultura! Market Valuation Market Value Agrcultural Value Loss o Homestead Cap Loss: o Assessed' Value Ag Use Value  110024 Real  Geographio IO. 22-0010-0002000.030  5247,010 (*) $o(+) $50.550(+) $01*) $0+) $208,1 160(") s0) $208. 160() $04) $208.160 so  Zoning Condo: Mapsco  214SFAIRES FLATOMA.78945  FAIRES ADDN 14021 BLh1 9137 39. 8005 SFT. HSE GAR STGS  Abatracuubdwision $22003- FAIRES ADDN (402)  CFL  SViwurisd Freprites Appraised Value  Mu/bp'e Owner Account 1000%  Forp pnvscy reasons hOLA as cemptons are snown anine  : dndlud ki starh FUIDUSES on'y rnal 1:56 Doan ad: Cr  amcunts ara tnv JRB Cu v ut, i Sliou! 5 aalind piUft0 Mn3 15 1 prpain an Rs sgumenis Pleaars contore th ypsunl! Dsine: lo venfy aH an'emabon for accura    9. FLATONIA  CITY OF FLATONIA  1251 E. Souch Main Street PO. Box 329 Flatonia," TX78941 (361)865-3548 361)865-2817fx  November 20, 2023 Notice to Landowners Replat Application  An application has been filed by Linda Wiley with the City of Flatonia requesting approval ofa replat atl PID #110024 located at 714 South Faires Street, Flatonia, Texas 78941. The request is Aj public hearing with the Planning and Zoning Commission will be held on Monday, December 4, 2023, at the Flatonia City Hall (125 E. South Main Street) at 6:00 p.m. 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, December 12, 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 included in Notice of the public hearing has already been published in the Flatonia Argus. Ifyoul have any questions regarding this notice or the Replat Application, please contact City Manager Sonya  to divide the property into two lots.  this letter can be used ify you would like to submit written comments.  Bishop at anagerac.latonausis or 361-865-3548.  WWW.FLATONIAIX.GOV    prop jd file_as.na 27458 RODRIGUEZCRYSTAL 27459 DEBORDE LISA 27460 TREJOLEOVIGILDA! & VASQUEZE BERNARDINO 27461 MICAFELXEIRETAL 27462 JOHNSON RANDY &0 CYNTHI 27465 GONZALES JONATHANJ JEST/TRUSTEE FORI 27467 WEIR. JERRYLE EST&C CAROLYNA 27468 MIGL MARK & MIGLS SAMUEL 27473 ROMEROE EMILIO&I ISIDRA 27474 ISAACS SHIRLEY 27476 ARDR ROSIE CANTU 27479 RAINOSEK BRIAN8 &J JAIME 27509 SHEERANJ JOSEPH& MARY 27513 FLORUS DONALDS&G GLORIAA 27514 AGUILARRAFAEL  situs num situs stre situs_st_1 addr_ line2 310 W FIRSTST PO8OX942  addr city addr state zp FLATONIA TX 78941 FLATONIA TX FLATONIA TX MOULTON TX 77975 HEWITT TX 76643 FLATONIA Tx 78941 FLATONIA TX FLATONIA TX FLATONIA TX FLATONIA TX FLATONIA TX FLATONIA TX FLATONIA TX  710 728 5 725 706 733 329 734 703 > 733 S 723 713 330 618 314  SFAIRES 2410MEADOWGREEN PEARLAND TX 77581  FAIRES 7285FAIRES MILLST POBOX1 1004 FAIRES 106W/NELSON MILLST POBOX2024 W2ND 329W2NDST FAIRES 734SFAIRES FAIRES POBOX338 FAIRES POBOX768 FAIRES 229CLOUNIZLANE POTTSBORO TX SFAIRES 322W/2NDST W2TH POBOX127 FAIRES POBOX1 2NOST POBOX659  78941 78941 78941 78941 78941 75076 78941 78941 78941 78941  G&. JESHUA GONZALES    SHUDSON'ST  8 t  BE  SS    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA12.2.2023.2 Consider and take appropriate action to approve the request from  Stephen Reddish for a replat on the property located at 734 South Market Street, Flatonia, Texas 78941. The property is identified with the Fayette County Appraisal District as PID #27486. The request ist to  divide the property into two lots.  Summary:  Aproperty replat request.  Option(s):  Imove to approve the request from Stephen Reddish for a replat on the property located at 734 South Market Street, Flatonia, Texas 78941. Thej property is identified with the Fayette County Appraisal District as PID #27486. The request If you are opposed to not 2nd or make any motion. If a motion is not made, the  ist to divide the property into two lots.  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.    7345.Market  City of Flatonia POBox329. - 125ESouthMain Flatonla, TX78941 361-865-3548 Replat Application  Applicant:. SISPHEN REODISH lamt the: Property yowner Developer_ Propertyowner:. SEPINAOPIK Mallingaddress:. po ROARr9 Developer or Agent: SAME Mailing address:, Email: Contact person:. Engineer or Surveyor:. BEFCO Mailing address: Email:  Agent_  Engineer_  Surveyor_  Email: higye Phone: 332225009  Phone:.  Phone: 979416-492y  Contact person:. ACUIN VON MINDONZ PID: 274Bl Current Zone: Proposed land use:, AEFVOCwrAL Isz zoning change required: Legal description ofl lot:  Current land use:. ASIOGITAL  Number of lots existing:  Number of lots proposed:  Names of all Lienholders/Property Owners, address andp phone number:  (list knowni liens/other property ownersifowned by moye thand ones person. Attachas separate pagei ifmore spaceisneeded.)  1. SCVACORIZE  2. NA Applicant'schecAlist:  Describe all easements or fee strips previously granted across or within the property.  Form is completely filled out  Propertyo owner authorization! is completed (if applicable) Taxi receipts showing current ona allp property taxes  Parcel map printed from the FCAD website, clearlyi indicating thel location and boundaries oft the subject property 2copies, minimum 18" x24" Preliminary Plat attached, clearlyi indicating required datal from submittal packet Icertlfy that thel information concerning the proposed subdivision is true ande correct and thatlam the property owner or authorized agent fort the owner oft thea above described property.  Owner/Agent: Signature_ Rh Printed name PEPREN KEADIK  Date_ 14123    Property ID: 27486 ForYear Ba023   piscu 27415  9Map  FAINIS (A 27430 27486  47998 0  52307) 2307  Property Détails Accoun Property ID: Type Property Use: lnoation Situs Address Mapl ID: Legal Oescription: Neighborhood. t Owner ID Name: Agent MailingA Address % Ownership Exemptions  PropertyValues Improvement! Homesite Value Improvement! Non Homesite Value Land Homesite Value: Land Non- Homesite Value Agricultural Market Valuation MarketVahe, Agricultural Value Loss: o Appraised Value: Homestead Cap Loss: o Assessed Value; Ag Use Value:  27486 Real  Geographic ID: 22.0012-007000.020  $402 110 (*) so(+) $50.910() s0() so() $453.020 e) so() $453.020 )) s0) $453.020 so  Zoning Condo: Mapsco  734SA MARKET! FLATONIA TX78941  CITY OF FLATONIA (400)LOT FRC34BLK41 6457 HSE &.GAR & CPORT. STGS  AbatactSuhdrision $22000 -CITYOF FLATONIA (400)  CFL 161756 REODISH STEPHENG! RAMIREZ MIRANDA POBOXS 850 FLATONIA. TA 78941-0850 1000%  For prwvecy reasons noi SE exempbons ares son onhne  waion ErGvIC 1 or rest. rth curposes cnly ani ocreug meuna are (or P  Cis9 CL 2nt, and shou'dt te vined lor g apurposn. and of docunerits Lase contas: the FDE 13I (sircto IBV nly ll  Legals dderaten '01    & FLATONIA)  CITY OF FLATONIA  1251 E. Sourh Main Streer PO.E Box 329 Flatonia, TX78941 (361)865-3548 (361)865-2817fax  November 20, 2023 Notice to Landowners Replat Application  An application has been filed by Stephen Reddish with the City of Flatonia requesting approval ofa replat at PID #27486 located at 734 South Market Street, Flatonia, Texas 78941. The request A public hearing with the Planning and Zoning Commission will be held on Monday, December 4, 2023, at the Flatonia City Hall (125 E. South Main Street) at 6:00 p.m. 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, December 12, 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 ori inj person at the hearing. The reply form included in Notice of the public hearing has already been published in the Flatonia Argus. Ifyoul have any questions regarding this notice or the Replat Application, please contact City Manager Sonya  is to divide the property into two lots.  this letter can be used if you would like to submit written comments.  Bishop at magerec.lmtonarkis or 361-865-3548.  WWW.FLATONIAIX.GOM    prop_id file_ as_na 27433 OLIVARES. JAVIER &F RAÇHEL 27439 CUNNINGHAMI FAMILY LIVING TRUST 27444 TUPAFRANKIE J& CAROL 27481 DURKIN DAVID 27482 WEISSALAN 27485 CASTANEDA. ALEX & AMANDA 27495 CARRALES. JUAN & KACI 47998 STAVINOHA DEAN&) JYL 52307 SEARS VIRGINIA 53604 SYLER ROBERTH HEST & LAVERNE 53605 BRUNS SHAWN & SHAWNA  situs_ num situs_stre situs_st_1 addr line2  addr_city addr_ state zip FLATONIA TX FLATONIA TX  804 $ 811 S 803 S 728 S 703 S 716 5 729 S 103 733 $ 812 S 104  MARKET POBOX1036 FLATONIA TX MARKET POBOX454 FLATONIA TX POBOX2448 HENDERSON TX MARKET POBOX1113 FLATONIA TX MARKET 7295MARKETST FLATONIA TX POBOX334 FLATONIA TX MARKET POBOX1073 FLATONIA TX MARKETST POBOX824 FLATONIA TX E1STST POBOX705 FLATONIA TX  78941 78941 78941 78941 75653 78941 78941 78941 78941 78941 78941  MARKET BOX533 MARKET POBOX52 PENN E1ST    SCONMERSEST  SMARKETIST  SPENNIST    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA12.2.2023.3 Consider and take appropriate action to approve Ordinance 2023.12.1.  a Police Department budget amendment. The request is to deduct $3,681 from personnel funds and move it to equipment funds for the  purchase ofbody cameras.  Summary: Ab budget amendment.  Option(s):  Imove to approve Ordinance 2023.12.1. a Police Department budget amendment. The request is to deduct $3,681 from personnel funds and move it to equipment I Ifyou are opposed to not 2nd or make any motion. If a motion is not made, the  funds for the purchase ofl body cameras.  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.    ORDINANCE NO. 2023.12.1  AN ORDINANCE AMENDING ORDINANCE NO. 2023.91, RELATING TO APPROPRIATIONS MADE FOR THE SUPPORT OF THE CITY OF FLATONIA, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024, WHICH INCLUDES THE GENERAL FUND AND THE UTILITY FUND; APPROPRIATING MONEY TO A SINKING FUND TO PAY INTEREST AND PRINCIPAL DUE ON THE CITY'S INDEBTEDNESS; APPROPRIATING MONEY FOR THE FLATONIA ECONMIC DEVELOPMENT CORPORATION; AND AMENDING THE ANNUAL BUDGET FOR THE FLATONIA POLICE DEPARTMENT FOR THE 2023 FISCAL YEAR, TO ADD FUNDING FOR A  PURCHASE OF BODY CAMERAS WORN BY OFFICERS.  Reduce 10-4521-1023 BY -$3,681.00 Increase 10-4521-4260 BY $3,681.00  WHEREAS, the City Council ("City Council") of the City of Flatonia ("City"), after proper notice and public hearing, adopted al budget for the 2023-2024 fiscal year: and WHEREAS, the City Council has determined that it is necessary to amend said budget as adopted on September 12, 2023, as amended December 12, 2023 sO as to reflect a change NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE  in 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 1,2023, and ending September 30, 2024, 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 the provisions of Chapter 1, Section 5 of the Flatonia City Code which sets forth certain very specific requirements as to 2. This ordinance shall take effect and be in full force immediately upon its final 3. If any 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, and independent provision, and such holding shall not affect the validity of the remaining  the City ofl Flatonia. passage and approval.  portions thereof.  City ofl Flatonia  Ordinance 2023.12.1 Pagelof2  adopted December 12, 2023    PASSED AND APPROVED on this 12th day of December 2023, with Council  members voting for and Council members voting against.  Dennis Geesaman  Mayor ATTEST:  Jackie Ott, City Secretary APPROVED AS TO FORM:  City of Flatonia  Ordinance! 2023.12.1 Page 2of2  adopted December 12,2023    OLI  FLATONIA POLICE DBPAKIMENT 205 E. South Main St. Flatonia, TX78941 Office: 361-865-3337 Fax: 361-865-3039  Date; November 6, 2023 To: Sonya Bishop, City Manager From: Lee Dick, Chief of PoliceD Re: Requested Budget Amendment  The body cameras that are currently in use by the Flatonia Police Department have been in service since approximately 2017. As with any electronic device, the batteries are now failing and the expanding gases are bulging the housings of several existing cameras, creating a major safety concern and problems with camera function. The batteries are not replaceable as each camera is as sealed system. Of the cameras that are not bulging, all have cracked housings and require ongoing application of glue to Ideally, we would utilize body cameras that activate automatically and sync with our vehicle cameras. However, the manufacturer oft the vehicle camera systems has recently announced new camera. systems for both vehicles and body cameras that would require the purchase of significantly more expensive body cameras, as well as an upgrade tot the computer server. The server alone would cost approximately $20,000.00 and with the body cameras added the quote exceeds $52,000.00. There is a plan to support the legacy vehicle cameras and current server, sO while this server upgrade will be required in the Because body cameras are critical for both prosecutorial purposes andi for liability protection, Ihave researched available options. Ihave found al body camera system with a much stronger housing than our current cameras to prevent broken housings, and it offers the same performance with a simplified operation/user interface. These cameras will meet our current needs at at fraction of the cost associated with upgrading the cameras and server at this time. This will allow us to implement the coming changes ina planned manner, while still providing for the immediate need for body cameras. Thei total cost of the body cameraslam requesting is $ 3681.00. We currently have two Patrol Officer positions that are unfilled with lapsed salary funds associated with these positions. lam requesting that we utilize the lapsed funds for one of these positions, for approximately one-month (with benefit costs) to purchase the replacement body cameras, as body cameras are a critical piece of equipment from  hold the cameras to the mounts for use.  future, it can be planned fori in coming years.  both an evidentiary and liability perspective.    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA12.2.2023.4 Consider and take appropriate action to approve the proposed contract  with Schneider Engineering.  Summary:  Acontract for governmental tracking and compliance support services.  Option(s):  Imove to approve the proposed contract with Schneider Engineering. Ify 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  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.    SCHNEIDER ENBINEERINE  PROPOSAL  AGENCY TRACKING AND COMPLIANCE SUPPORT SERVICES  PREPARED FOR: CITY OF FLATONIA  November 13, 2023    Agency Tracking and Compliance Support Services  Client: Date: Proposal:  City of Flatonia (COF) November 13, 2023  Regulatory Support Services - Agency Tracking and Compliance Support  Scope of Work: Schneider Engineering (SE) proposes to provide City of Flatonia (COF) with ongoing Regulatory Tracking and Compliance Support services designed to address regulatory compliance issues and  tasks in a proactive and timely manner. Services and deliverables include thet following:  Agency Tracking for ERCOT, PUCT, FERC, EPA, and other relevant electric utility regulatory Attend/monitor relevant meetings (in-person and/or virtually), workshops, training sessions and provide meeting summaries andi issue papers/written briefs as needed; Monitor agency websites and other publici momatoniourcstotas: current standards and requirements along with any emerging/developing regulations; Review emerging issues with COF staff. Jointly determine whether individual issues require further monitoring, or immediate action including filing comments as needed. Prepare and submit applicable reports to ERCOT, PUCT and other agencies as needed. SE will coordinate with COF SMES to develop plans for each reporting requirement, including the following:  agencies. Tracking tasks and activities include:  Quarterly DG reporting to ERCOT Annual HB4150 Reports to the PUCT EOP Drill Notices /F Related Filing(s) to the PUCT Other Reporting as needed  Alln non-standard Requests forl Information (RFI) to PUCTand ERCOT SB3 Periodic Notice for Load Shed and Critical Loads -1 to COF consumers  Support the development of key compliance documents including standards-based policy and Provide input and review of COF's Compliance Program and associated planning documents. Review all mandatory ERCOT standards and requirements and ensure compliance with  procedures and other compliance plans and documentation.  applicable ERCOT Protocols and Guidelines.  ASUMPTONS/CAPCATONS TERM AND COST PROPOSAL:  1. SE offersavariety oftraining directly and/ori indirectly related to compliance with ERCOT; PUCT and other regulatoryagencies. Training modules can be provided on a "time and materials" basis. Schneider Engineering, LLC will perform services under this agreement related to the above referenced Scope  of Work fora at fixed fee of $750 per month.  Approval:  Date:.  Schneider Engineering, Ltd.J2    SCHNEIDER ENGINEERING, LLC.  SCHNEIDER ENEINEERINE ENERGV. FOCUS. COMMITMENT.  MASTER SERVICES AGREEMENT  PREPARED FOR CITY OF FLATONIA  NOVEMBER 13, 2023    MASTER! SERVICESA AOREMDr-ICMOFAtDON.,  NOVEMBER: 13,2023  MASTER SERVICES AGREEMENT  This MASTER SERVICES AGREEMENT ("Agreement") is made between City of Flatonia (the' "Owner")and SCHNEIDER ENGINEERING LLC., (the "Consultant") and is effective as oft the 13_ day of November 2023. Each of Owner and Consultant are referred to asa a' "Party" and collectively as the "Parties." WHEREAS, the Owner desires the Consultant to perform engineering or consulting services (the NOW, THEREFORE, in consideration of the mutual undertakings herein contained the parties agree as  "Services"), follow:  1. SCOPE ANDTERM OF SERVICES  1.1 Scope of Services. Consultant agrees to perform the Services designated by individual Work 1.2 Term. This Agreement: shalll become effective as oft the datel hereofa ands shalir remaini in effect from yeartoy yearthereafter, provided, however, that this Agreementr mayl bet terminated: at anytime during thet term hereof bye either partygiving thirty (30) days' notice in writingt tot the other ofi its intention1 to terminate. Upon such termination the Owner shall pay1 the Consultant fors such services as may have 1.3 Subcontractors. Consultant: shall obtaint the consent of Owner HveskoMndrgya component of the Services, such consent not to be unreasonably withheld by Owner. 2.1. Unless otherwise expressly stated in an applicable Statement of Work (SOW) or Work Order (Order), the Owner agrees to make available to Consultant the personnel and resources seti forth in an applicable SOW or Order to enable Consultant to complete the Work. Consultant agrees to utilize such resources solely to fulfill the requirements of the SOW and Order, and for no other purpose. All resources provided to Consultant by Owner shall bei immediately returned to Owner 2.2. Owner will use commercially reasonable efforts to perform its obligations as seti forth int this Agreement and each Statement of Work or Order. Consultant's ability to provide the Work may depend on Owner's performance of certain required approvals, reviews, edits and notices within  Orders as mores specifically described inl ExhibitA.  beenperformed prior to such termination. 2. SYSTEM DATAFURNISHED BYOWNER  upon Owner's demand  thet time periods notedi in this Agreement or an applicable SOW or Order.  3. OWNER FURNISHED PERSONNEL  The Owner shall furnish the services of qualified personnel whenever such services are required to obtain engineering information. Any tests or obtaining of data that requires working on energized 4.1 Rates. Owner shall pay Consultant thei fees negotiated betweent thel Parties as prescribedi in each Work Order. If no rates or fees are stated in a Work Order, then the compensation for Services performed by the Consultant under this Agreement shall be as stated in the rate schedule attached  equipment willl be performed by qualified Owner personnel.  4. COMPENSATION  tot this Agreement as Exhibit B.  SCHNEIDER ENGINEERING, LLC.12    MASTER SERVICES AGREEMENT - (CITYOF FLATONIA) I NOVEMBER 13, 2023  4.2 Records. The Consultant shall maintain accurate records of all expenditures with respect to the Services performed under this Agreement. The records of expenditures shall be maintained in sufficient detail to serve as a basis for preparation of invoices of Consultant's fees and as al basis for the Owner's approval of such invoices. The Consultant shall submit an invoice tot the Owner oncea 4.3 Payment Terms. The Owner shall pay the Consultant within thirty (30) days after the date of the invoice. Invoices paid after thirty (30) days from the date oft thei invoice will be assessed a 1.5% per Consultant shall carry and maintain during the performance of Services thei insurance coverages set forth in the attached Exhibit C, unless Owner issues a letter to Consultant indicating that a All documents including original drawings, estimates, specifications, field notes, and data will remain the property of the Consultant asi instruments of service. Itis understood that the Owner shall have access to all such information with the right to make and retain copies of drawings and all other information. Any reuse without specific written consent from the Consultant willl be ati the Owner's  month fora all compensation due hereunder.  month late charge. 5. INSURANCE  particular type ofi insurance is not applicable to a given Work Order.  OWNERSHIP OF DOCUMENTS  sole risk and without liability or legal exposure tot the Consultant.  7. WARRANTIES  7.1 StandardofCare. Consultant shall perform the Servicesi inagooda andworkmanlike mannerusing reasonable care, due diligence and good faith. Consultant shall perform the Services as an independent contractor. Owner expresslya acknowledges that Consultant makes no other warranties or guarantees, express or implied, regardingi its professionais services ori its work products. 7.2 Limitation of Liability. In the event of default, error, or omission, in performing the Services (collectively "Defects") Consultant's liability under this Agreement shall be limited to only those Defects caused by Consultant'ssole negligence. Consultant shall onlyl be obligated to correct Defects by re-performing the defective portion of the Services at Consultant's sole cost provided that Consultant is notified by Owner in writing of such defect within one year after completion of Consultant's Services fort that' WorkOrder. Consultant: shall be given reasonable time and opportunity to determine the cause of any claimed Defect (including opportunityt forf field inspection and1 tests) as well as the opportunity to assist Owner in mitigating the cost of required changes. Consultant shall not bel liablei for cost of replacement materials, equipment or other labor to correct Defects. 7.3 Equipment or Materials Warranty. Consultant does not warrant materials or equipment supplied by Owner or byt third parties. Consultant willt transferwarranties, ifany,oft thev vendors or suppliers of 8.1 Indemnity. Consultant will indemnify and hold Owner harmless from and against any and all liabilities, claims, demands, suits, losses, damages, reasonable costs and expenses forl bodily injury to or death of any person, or damage to or destruction of any property, arising out of the performance oft this Agreement by Consultant, to the extent such claim arises from any negligent  materials or equipment supplied by Consultant to Owner.  8. INDEMNITY  act or omission of Consultant, its officers or employees.  SCHNEIDER ENGINEERING, LLC.13    MASTER SERVICES ACBEBMANT-(CMOPAtON., I NOVEMBER 13,2023  8.2 LIMITATION OF LIABILITY. IN NO EVENT SHALL CONSULTANT'S! LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF THE 8.3 Consequential Damages. Except with regard to breach of confidentiality, in no event shall Consultant be responsible to Owner for any special, indirect, incidental, exemplary, punitive or consequential damages or losses (including specifically but without limitation, any based on loss of profits or revenue, cost of capital, loss of goodwill, claims of customers, fines or penalties or similar damages) whether arising in contract, tort, negligence, strict liability or otherwise. 9.1 Owner's Information. It is understood that the Consultant may be dealing with confidential information and/or documents which are the Owner's property, used in the course of its business. The Consultant agrees, during thei term of this Agreement and at all timest thereafter, nott to disclose toanyone, directly ori indirectly, anyofsuchconfidentala informationand/or documents, or use them other thani int the course of work under this Agreement without the Owner's written consent. B related to compensation, all cost of service information, and all documents provided to include data request forms ist the confidential and proprietary property of the Consultant used in the course ofi its business. The Owner agrees during term of this Agreement and at allt times thereafter, not to disclose to anyone, directly ori indirectly, any ofs such confidential information, or uset thei information 9.3 Non-Solicitation of Employees. Owner agrees that during the term of this Agreement and for ap period of two (2) years after expiration ofthis Agreement, Owner, including any of its employees or agents (including its successors or assigns), shall not, directly or indirectly, solicit for employment or consultancy, employ, or seek to employ or engage as an independent contractor, any present orf former employee of Consultant ori its affiliates without the priorwritten consent of 10.1 Force Majeure. Except for payment of money when due, ifeither Partyi is unablet to perform any ofi its obligations under this Agreement by reason oft force majeure, such Party shall be excusedi from performance to the extent iti is affected by suchi force majeure. The Party affected by force majeure shall endeavor to remedy thei impediment toi its performance with all reasonable dispatch. Thet term "force majeure" shall mean any cause beyond the control oft thel Party claiming force majeure. 10.2 GoverningLaw. This Agreement: shall beg governed bya and construed ini accordance withi thel laws oft the State of Texas, excluding any conflict ofl law provision which would refer tot the law ofa another 10.3 Disputes. Any and all disputes, claims or controversies arising out of or relating to this Agreement, orthel breacht thereof, and notr resolved amicably shall bet finallys settledi int thes state courts 10.4 Assignment. The obligations of the Consultant under this Agreement shall not be assigned without the approvali iny writing of the Owner, which shall not be unreasonablywithheld. 10.5 Notices. All notices, requests, demands and other communications required or permitted tol be given bye either Party hereunders shalll bei inv writing: ands shall be deemedi tol have been given ifdelivered  APPLICABLE WORK ORDERI FROM WHICH SUCH CLAIM ARISES.  9. CONFIDENTIAL INFORMATION  9.2 Consultant's Information.  The Owner understands that all information on Exhibits A and  othert than ini the course ofv work under this Agreement.  Consultant. 10. GENERAL PROVISIONS  jurisdiction.  locatedi in Kendall County, Texas.  SCMNEDERENGNEANG, LLC.J4    MASTER SERVICESA AGREMENT-(CIyOF FLATONIA) NOVEMBER 13, 2023  in person or by e-mail or facsimile or by first class certified mail, postage and fees prepaid, to the address oft thei intended recipient as seti forth below. Alls such notices, requests, demands and other communications. shall be deemed to have been received by the addressee, if by mail, three (3) days following mailing; if by facsimile or e-mail, twenty-four (24) hours following transmission; or ifby  personal delivery, upon such delivery.  To Consultant:  Schneider Engineering LLC 191 Menger Springs Parkway Boerne, Texas 78006 Attn: Telephone: Email: City of Flatonia 125E. South Main St., POBox329 Flatonia, TX78941 Attn: Telephone: Email:  Lance Pettigrew, P.E. (830)249-3887 petigreweseteas.com  ToOwner:  Sonya Bishop 361-865-3548 managered.rlatonatkus  The foregoing addresses may be changed by either Party by giving notice to the other party as 10.6 Exercise of Rights and Waiver. The failure of either Party to exercise any right under this Agreement shall not! be deemed a waiverthereof. No waiver bye either Party ofa any provisions hereof shall be deemed a waiver ofa any future compliance therewith, ands such provisions shall remain inf full 10.7 Severability. Int the event that any clause or provision in this Agreement shallf fora any reason be deemed invalid or unenforceable, the remaining provisions and clauses shall not be affected or 10.8 Headings. Thel headings contained int this Agreement are for ease ofr reference only ands shall not 10.9 Multiple counterparts. This Agreement may be executed and delivered in two or more counterparts, each ofwhichsoe executed and delivered: shall be deemedi to be an original, and alls shall 10.10Entire/ Agreement. This Agreement, along with all Exhibits and attachments, includingany' Work Orders, shall constitute the entire agreement betweent thel Parties hereto and supersedes any oral or written understandings, proposals or communications previouslye enteredi intol by ord on account ofthe parties and mayr not be changed, modified or amended excepti in writing ands signed by both Parties.  provided above.  force and effect.  invalidated and shall remaini ini full force and effect. limit or otherwise affect the meaning hereof. constitute but one andi the same instrument.  [SIGNATURE PAGE FOLLOWS]  SCHNEIDER! ENGINEERING, LLC.5    MASTER! SERVICES AGREEMENT- - (CITYOF FLATONIA) I NOVEMBER 13, 2023  IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first  written above. CONSULTANT Schneider Engineering LLC  OWNER: City of Flatonia By:  BY:  Name: Lance Pettigrew, P.E. Title: CEO  Name: Sonya Bishop Title: City Manager  SCHNEIDER ENGINEERING, LLC.16    MASTER SERVICES AGREEMENT- (CITYOFF FLATONIA) - NOVEMBER: 13, 2023  EXHIBITA WORKORDER  Consultant shall provide the Services requested by Owner from time toi time, such requests to be ini the form ofaWork Order. Each' Work Order shall become effective upon the signature of both parties and Each' WorkC Order shall state specifically thes scope of services agreed to byt the Parties, as well as thet time for performance and payment formula. Thet terms and conditions of this Agreement shall apply to each  shall constitute. as supplement tot this Agreement.  Work Orderi issued hereunder.  SCHNEIDER ENGINEERING, LLC.17    MASTER SERVICES ACAEMCI-OMOFPANDHAI NOVEMBER13,2023  EXHIBITB CONSULTANTSRATESCHEDULE  SCHNEIDER TXREG. #F1594  ENBIWEERINB COMPENSATION SCHEDULE (2022)  The Owner shall pay the! Engineer for services performed under this Agreementasf follows:  POSITION  HOURLY RATE $250.00 $230.00 $200.00 $185.00 $175.00 $160.00 $145.00 $130.00 $115.00 $105.00 $180.00 $170.00 $160.00 $145.00 $130.00 $130.00 $115.00 $100.00 $90.00 $160.00 $145.00 $135.00 $125.00 $110.00 $95.00 $85.00 $75.00 $80.00 $70.00  President Principal  Engineer VIII/ /Senior ConsultantV Engineer VII /Senior Consultant IV Engineer VI/ /Senior Consultant II EngineerV Engineer IV Engineer III Engineerl II Engineerl Project Manager V Project Managerl IV Project Managerl III/ /Senior Consultant!l Project Managerl II/Senior Consultant! Project Managerl Project AnalystIV Project Analystl II Project AnalystlI Project Analyst! Technician' VIII Technician' VII Technician' VI/CADD-G GIS TechIV TechnicianV/CADD- GIS1 Techill Technician! IV/CADD- - GIS Techll Technician! III/ /CADD- - GIST Techl TechnicianlI Techniclan! Project Assistant Administrative Assistant PERSONNEL OVERTIME CHARGES hourly rate. REIMBURSABLE EXPENSES  Hourly personnel overtime work will be invoiced att the base billing rate plus ar muitiplier of 1.51 times the employee Mileage Reimbursement: $0.80/mile for trucks, $0.90/mile fori fullye equipped off-roads surveyt trucks  Thet followingy willl be! billed ato costp plus 12%: Copyingcosts Transportation, subsistence andl lodging Approveds sub-contract: services  SCHNEIDER ENGINEERING, LLC.8    MASTER SERVICES AGREEMENT-(MyOP FLATONIA) I NOVEMBER: 13, 2023  EXHIBITC INSURANCE  The Consultant shall take out and maintain throughout the period of this Agreement thei insurance (a) Workers' Compensation and Employers' Liability Insurance, as required by law, covering all of the Consultant's employees who perform any oft the Services under this Agreement. (b) Comprehensive or Commercial General Liability insurance covering liabilities assumed by Consultant hereunder with al limit ofr not less than $1,000,000 per occurrence for bodily injury and (c) Automobile Liability Insurance covering owned, hired and non-owned vehicles used in connection withi the Services tol bey performed hereunder, with al limit of not less than $1 million per (d) Professional Liability Insurance of not! less than $1 million each occurrence ifE Engineer is providing  seti forth! below.  property damages combined.  occurrence for bodilyi injury and property damage combined.  professionalservices.  SCHNEIDER ENGINEERING, LLC.19    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title: with AT&T.  DA12.2.2023.5 Consider and take appropriate action to approve the proposed contract  Summary:  Acontract for city-use cell phones.  Option(s):  Imove to approve the proposed contract with. AT&T.  If you are opposed to not 2nd or make any motion. Ifa 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.    v    CITY OF FLATONIA Agenda Summary Form  Agenda #  Title:  DA12.2.2023.6 Consider and take appropriate action to approve the quote of $18,800  from Compass Abatement to remove asbestos from the old firehouse.  Summary:  Abid for asbestos removal at the old firehouse.  Option(s):  Imove to approve the quote of$18,800 from Compass Abatement to remove I If you are opposed to not 2nd or make any motion. If a motion is not made, the  asbestos from the old firehouse.  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.    Compass Abatement Services, LLC  6730Windfern Rd. Houston TX77040 Phone: 832-230-8871 Fax: 832-284-7025 November 8, 2023  COMPASS ABATEMENT -SERVICES-  Project Name: Flatonia Commercial Building - 105SMarkets St  Compass Abatement Services, LLCi is pleased to submit a proposal for thei following scope of work based  ont the Asbestos Inspection by Bay Environmental, Inc. dated November 6, 2023.  L.SCOPE OF WORK: Asbestos Abatement  Removal of approximately 800 SF of vinyl sheet flooring and 2,400SF of exterior transite siding.  CERTIFIED MBE, WBE, & HUB - Certificates available on request activities, permits, and TDSHS/ARU fees fori this project.  OWNER/GENERAL CONTRACTOR RESPONSIBLE FOR: Providing electricity and water during abatement  Clarifications:  1. This proposal is based on performing all work during regular business hours. 2. The scope of work does not cover unseen or unknown conditions. If additional work is  required, it will be priced separately. Temporary walls/weather protection Boarding of walls, doors, and window openings  Exclusions:  Costs or conditions caused by delays by others beyond Compass Abatement's control  a. PROCEDURES: Compass Abatement Services, LLC is a licensed abatement contractor in Texas. All local, state, andi federal EPA and OSHA codes regarding removal and disposal of asbestos materials shall be strictly adhered to. Prior to commencement of work, the owner and contractor are to mutually agree upon project procedures and desired phasing, set-up, and scheduling.  III. DISPOSAL: Allo debris willl be handled, transported, and sposedofinaccordance with federal, state,  and local regulations.  IV. SCHEDULING: Compass Abatement Services, LLC proposes completion of the listed scope of work within 4 days. Work to be completed inim mobilization during regular business! hours. Any additional  mobilizations willl be charged at $2,000.00 each.  1  ASBESTOS MOLD REMEDIATION- - DEMOLITION-CONCRETE-EMERGENCY RESPONSE    Compass Abatement Services, LLC  6730Windfern Rd. Houston TX77040 Phone: 832-230-8871 Fax: 832-284-7025  COMPASS. ABATEMENT SERVICES-  V. PRICING: Tax excluded.. Addi ifapplicable.  Asbestos Abatement Consultant Services  $15,000.00 $3,800.00  VI. INSURANCE:  Our proposal includes occurrence-type General Liability coverage totaling $1 million per occurrence and $2 million aggregate. Compass Abatement Services also carries a $1 million Pollution policy that includes coverage for asbestos and lead abatement with a $1 million sublimit for Professional Liability. In addition, Compass Abatement Services program includes Auto Liability, Employer's Liability, as well as $10 million excess liability and $1 million for Worker'sCompensation. Liability policies are provided through an AMI Best Rated A.  BONDING  Bonds can be provided at an additional cost through Baldwin -Cox Agency written by Argonant  insurance Company.  THIS PROPOSAL MAYBEWITHDRAWNI IFI NOTA ACCEPTED AND WORKI BEGINS WITHIN 30 DAYS.  Compass Abatement Services, LLCwishes to thank yout for your consideration and look forwardi to working with you on this project. Ifthis proposal meets with your approval, please sign and return.  Sincerely, Flor Moreno, President Compass Abatement Services, LLC. Office: 832.230.8871 Cell: 346.410.2145 Email: mormoPcomsssson  2  ASBESTOS- MOLD REMEDIATION-DEMOLITION: - CONCRETE EMERGENCY RESPONSE    BY ENVIRONMENTAL, INC. ASESTOBABMIROMREMTA. SERVICES November 6, 2023 City of] Flatonia Permit Department Flatonia, Texas Re: Asbestos Inspection Vacant Commercial Building 105 S. Market Street Flatonia, Texas 78941 To Whom It May Concern:  This letter shall serve as our notice that an Asbestos Inspection was completed oft the Vacant Commercial Building located at 105 S. Market Street in Flatonia, Texas 78941 in compliance with 40 CFR, Section 61.45 and the Texas Asbestos Health Protection Rules, Section 295.34(c). The asbestos inspection was conducted on October 30, 2023 by Mark A. Wev, TDSHS Licensed Asbestos Inspector #60-2874 with samples analyzed by Environmental Analytical As a result of this inspection, no asbestos containing building materials (ACBM) were identified associated with the Vacant Commercial Building located at 105S. Market Street in Should there be any questions, or any additional information required, please contact me at (713)  Services, LLC, TDSHS Licensed Asbestos Laboratory #30-0373.  Flatonia, Texas 78941.  729-2533 or e-mail at mwev26@yaho.com. BAY ENVIRONMENTAL, INC.  Sincerely,  A. Wer  mank Mark. A. Wev  President & Director of Operations TDSHS Licensed Asbestos Inspector 60-2874  MAW/ace  11261 Richmond Ave. Ste G104, Houston, Texas 77082 e (713),729-2533    BAY ENVIRONMENTAL, INC. Environmental Consultants  11261 Richmond Ave. Ste. G104 . Houston, Texas 77082  (713) 729-2533  ASBESTOS INSPECTION REPORT  Inspection Date: October 30, 2023  Report Date: November 6, 2023  Client: Compass Abatement Services, LLC Project: Asbestos Inspection  6730 Windfern Rd. Houston, Texas 77040  Vacant Commercial Building 105 S. Market Street Flatonia, Texas 78941  Project No.: B-23318 Method:  Polarized Light Microscopy (PLM), Interim (40 CFR Part 763 Appendix to Percentages Determined Visually During Microscopic Examination  Subpart E), Improved EPA-00/R-93/116  On October 30, 2023, an Asbestos Inspection was conducted by a representative of Bay Environmental, Inc. of the Vacant Commercial Building located at 105 S. Market Street in Thej purpose ofthis inspection was to determine ifasbestos containing materials were present int the structure prior to demolition in compliance with the Texas Asbestos Health Protection Rules The inspection was conducted by Mark A. Wev, TDSHS Licensed Asbestos Inspector #60- 2874. Twenty-one (21) bulk material samples were collected and submitted for analysis to Environmental Analytical Services, LLC, al licensed laboratory located at 13201 Northwest Freeway, Suite 503 in Houston, Texas 77040, TDSHS Licensed Asbestos Laboratory #30- 0373. Samples were analyzed by EPA method 600/R-93/116. July 1993 for determination of asbestos in bulk samples, with percentage compositions based on approximate area compositions Asar result oft this inspection, the following asbestos containing materials werei identified with the Vacant Commercial Building located at 105 S. Market Street in Flatonia, Texas 78941.  Flatonia, Texas 78941.  (TAHPR)295.340 and 40 CFR 61.145.  viewed under ai microscope.  Off-white pebble pattern vinyl sheet flooring with gray backing Tan exterior transite shingles with gray paper vapor barrier  Alisting ofs samples collected with location and results ofanalytical analysis ares summarized below. Greater than 1% asbestos is presently defined by the EPA as asbestos containing.  Sample No.  Amount ofAsbestos/Lead None Detected  Sample Type/Location  001A Ceiling board with float compound and texture (stipple)  above ceiling tiles /center room  BAY PROJECT NO. B-23318  PAGE20F4    BAY ENVIRONMENTAL, INC. Environmental Consultants  11261 Richmond Ave. Ste. G104 Houston, Texas 77082  (713) 729-2533  ASBESTOS INSPECTION REPORT  001B  Ceiling board with float compound and texture (stipple)  None Detected None Detected None Detected None Detected None Detected None Detected None Detected None Detected 40% Chrysotile  above ceiling tiles /office above ceiling tiles /office  001C Ceiling board with float compound and texture (stipple) 002A 12"X12" perforated stapled ceiling tiles /center room  002B 002C  12"X 12" perforated stapled ceiling tiles /center room 12"X1 12" perforated stapled ceiling tiles /office  003A Wall board with float compound and texture (stipple)/ 003B Wall board with float compound and texture (stipple)/ 003C Wall board with float compound and texture (stipple)/ 004A Off-white pebble pattern vinyl sheet flooring with gray 004B Off-white pebble pattern vinyl sheet flooring with gray  center room center room office  backing /center room (approximately 800 s.f. total)  Archived  backing /c center room (quantity included in sample 004A.)  004C Off-white pebble pattern vinyl sheet flooring with gray  Archived  backing/office  (quantity included in sample 004A)  005A Black tarj paper vapor barrier behind drywall/center  None Detected None Detected None Detected None Detected None Detected None Detected PAGE30F4  room room room  005B  Black tar paper vapor barrier behind drywall /center  005C Black tar paper vapor barrier behind drywall/center 006A Tan fibrous underlayment and mastic /f front entry to left 006B Tan fibrous underlayment and mastic /f front entry to left 006C Tan fibrous underlayment and mastic /front entry to left  BAY PROJECT NO. B-23318    BAY ENVIRONMENTAL, INC. Environmental Consuitants  11261 Richmond Ave. Ste. G104 . Houston, Texas 77082  (713) 729-2533  ASBESTOS INSPECTION REPORT  007A Tan exterior transite shingles with gray paper vapor 007B Tan exterior transite shingles with gray paper vapor  40% Chrysotile  barrier /front (approximately 2,400 s.f. total)  Archived  barrier/south  (quantity included in sample 007A)  007C Tan exterior transite shingles with gray paper vapor  Archived  barrier/rear  (quantity included in sample 007A)  Although no asbestos containing materials were determined to be present, a Ten-Day Notification is still required to be filed with the Texas Department of State Health Services Thes samples were analyzed by layers. Specific layer or component asbestos content is reported in parentheses, when relevant. The asbestos content of layers and components should be considered Test results do not imply product endorsement by NVLAP or any agency oft the U.S. Government. Results must: not be reproduced except in full. Test report relates only to the samples tested. Questions regarding this report may be addressed by calling Bay Environmental, Inc. at (713)  prior to scheduled demolition activities.  when establishing policy regarding the bulk material.  729-2533 or by e-mail at mwev26@yahoo.com. hEK  Douglas CI Beckner  TDSHS Licensed Asbestos Consultant#10-5395  A-Wa  President Eerk  & Director of Operations  TDSHS Licensed Asbestos Inspector 60-2874 TDSHS Licensed Asbestos PLMI Laboratory #30-0373  BAY PROJECT NO. B-23318  PAGE 40F4    Bid  Straight Line Svc., LLC 2600 Williams Road West Point, Tx 78963  BILLTO:  Date:11/19/23  City of Flatonia 105 South Market Street Flatonia, Texas ITEM:  Demo old police station.  Completely remove 40X66 old police station. Dig out old slab, driveway, and sidewalk. Haul all wood, and concrete off to a regulated dump site. All done with our employees.  TOTAL AMOUNT: $24,760.00  Thank you,  Loren Bertsch of Straight Line Svc., LLC  979-702-3888