Village Of Salado REGULAR BOARD OF ALDERMEN MEETING SALADO MUNICIPAL BUILDING 301 N. STAGECOACH. SALADO,TEXAS SEPTEMBER 5, 2024, 6:30P.M. THIS WILL BE AN IN-PERSON MEETING THAT WILL ALSO BE AVAILABLE VIRTUALLY USING, YouTube YOU CAN ACCESS THE MEETING FROM YOUR COMPUTER, TABLET OR SMARTPHONE USING THE FOLLOWING LINK: www.youtube.com/@Vlageolsalado SCANCODE Joint the metingSminursbefovreostedstartime. AGENDA CALL TO ORDER CALL OF ROLL INVOCATION SEPTEMBER 5, 2024, AT 6:30 P.M. VILLAGE SECRETARY MAYOR BERT HENRY PLEDGE OF ALLEGIANCE ISALUTE TO THE TEXASFLAG 1. PUBLIC COMMENTS THE BOARD OF ALDERMEN WELCOMES COMMENTS FROM CITIZENS ON ISSUES AND ITEMS OF CONCERN NOT ON THE AGENDA. THOSE WISHING TO SPEAK MUST SIGN IN BEFORE THE MEETING BEGINS AND OBSERVE A FIVE (5) MINUTE TIME LIMIT WHEN ADDRESSING THE BOARD. SPEAKERS WILL HAVE ONE (1) OPPORTUNITY TO SPEAK DURING THIS TIME-PERIOD. SPEAKERS DESIRING TO SPEAK ON AN AGENDA ITEM WILL BE ALLOWED TO SPEAK WHEN THE AGENDAITEM IS CALLED. INQUIRIES ABOUT MATTERS NOT LISTED ON THE AGENDA WILL EITHER BE DIRECTED TO STAFF OR PLACED ONAFUTURE AGENDA FOR ALDERMEN CONSIDERATION. 2. CONSENT AGENDA (A) APPROVAL OF MINUTES OF AUGUST 12, 2024, SPECIAL CALLED BOARD (B) APPROVAL OF MINUTES OF AUGUST 15, 2024, REGULAR BOARD OF (C) APPROVAL OF MINUTES OF AUGUST 22, 2024, SPECIAL CALLED BOARD (D) APPROVAL OF MINUTES OF AUGUST 26, 2024, SPECIAL CALLED BOARD (E) ACCEPT LETTER OF RESIGNATION FROM COMMISSIONER RON CUNNINGHAM FROM THE PLANNING AND ZONING COMMISSION. OF ALDERMEN MEETING. ALDERMAN MEETING. OF ALDERMEN MEETING. OF ALDERMEN MEETING. 3. DISCUSS AND CONSIDER POSSIBLE ACTION REGARDING ANY ITEM REMOVED FROM THE CONSENT AGENDA 4. STATUS REPORTS (A) VILLAGE ADMINISTRATORS REPORT UPDATE ON THE HIRING OF A PUBLIC WORKS MAINTENANCE EMPLOYEE UPDATE ON WEBSITE INFORMATION (B) TOURISM DEPARTMENT REPORT TOURISM PLAN 5. PUBLIC HEARING A PUBLIC HEARING ON CONDITIONAL USE PERMIT APPLICATION NUMBER CUP-24-003 TO ALLOWI MIXED BEVERAGE SALES ON PROPERTY ZONED HISTORIC DISTRICT OVERLAY LOCATED AT 2 PEDDLERS ALLEY, SALADO, TEXAS. THE PROPOSED NAME OF THE BUSINESS IS BOURBON SPEAKS. THE APPLICANTS ARE TROY AND ANDRA PARSONS. DISCUSSION AND POSSIBLE ACTION 6. (A) DISCUSS AND CONSIDER POSSIBLE ACTION ON THE CONDITIONAL USE PERMIT APPLICATION NUMBER CUP-24-003, AN APPLICATION FOR MIXED BEVERAGE SALES AT2 2 PEDDLERS ALLEY. (B) DISCUSS AND CONSIDER POSSIBLE ACTION ON APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN BELL COUNTY EMERGENCY SERVICES DISTRICT NO. 1AND THE VILLAGE OF SALADO. CONTRACTOR AGREEMENT BETWEEN THE VILLAGE OF SALADO AND (C) DISCUSS AND CONSIDER POSSIBLE ACTION ON INDEPENDENT MEDIA. 2 SOCIAL LLC. (D) DISCUSS AND CONSIDER ACTION ON AN ACCEPTANCE AGREEMENT BETWEEN THE VILLAGE OF SALADO AND CELTS INTERNATIONAL LLC. (E) DISCUSS AND CONSIDER POSSIBLE ACTION ON ORDINANCE NUMBERS 2013-08 AND 2014-09 IN REGARD TO THE APPOINTMENT OF PERSONS TO THE PLANNING AND ZONING COMMISSION. (F) DISCUSS AND CONSIDER POSSIBLE ACTION ON THE APPOINTMENT OF A PERSON TO THE VACANT POSITION ON THE PLANNING AND ZONING COMMISSION, TO INCLUDE DISCUSSION ON THE APPLICATION PROCESS. (G) DISCUSS AND CONSIDER POSSIBLE ACTION ON REQUEST FROM LEGACY CTX BOARD OF DIRECTORS THAT THE PEDESTRIAN BRIDGE BETWEEN PACE PARK AND BARROW BREWING COMPANY BE REMOVED/RETRACTED DURING THE OCTOBER 5, 2024, SIRENA FEST 2024 EVENT. (H) DISCUSS AND CONSIDER POSSIBLE ACTION ON A REQUEST FROM COOK OFF FOR CANCER SALADO FOR. A BARBECUE COOKOFF ON OR DISCUSS AND CONSIDER POSSIBLE ACTION ON THE SUBLEASE AGREEMENT BETWEEN THE VILLAGE OF SALADO AND THE SALADO ABOUT NOVEMBER 9, 2024. (I) CHAMBER OF COMMERCE. (J) DISCUSS AN CONSIDER POSSIBLE ACTION ON THE LEASE AGREEMENT BETWEEN THE VILLAGE OF SALADO & PRESBYTERIAN CHURCH OF SALADO AND SALADO STORAGE, LLC. (K) DISCUSS AND CONSIDER POSSIBLE ACTION ON PROVIDING PROPERTY AND/OR LIABLITY INSURANCE ON BUILDING STRUCTURES LOCATED ON THE EASTERN SIDE OF THE SALADO CIVIC CENTER, 601 N. MAIN STREET, BELONGING TO, OR IN THE CARE OF, THE SALADO HISTORICAL SOCIETY. (L) DISCUSS AND CONSIDER POSSIBLE ACTION ON APPROVING ORDINANCE NUMBER 2024-19, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, REGULATING WATER AND SEWER LINE EXTENSIONS, AND PROVIDING FINDINGS OF FACT; EFFECTIVE DATE; REPEALER; SEVERABILITY CLAUSE; AND PROPER NOTICE AND MEETING. (M) DISCUSS AND CONSIDER POSSIBLE ACTION ON APPROVING ORDINANCE NUMBER 2024-20, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, AMENDING ORDINANCE NO. 2002.20; AMENDING THE SIGN APPLICATION FEE, AND PROVIDING FINDINGS OF FACT; EFFECTIVE DATE; REPEALER; SEVERABILITY CLAUSE; AND PROPER NOTICE AND MEETING. 7. EXECUTIVE SESSON (A) CONVENE INTO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE SECTIONS 551.072 AND 551.073 REGARDING THE PROPOSED MUSTANG SPRINGS PUBLIC IMPROVEMENT DISTRICT. 8. DISCUSSION AND POSSIBLE ACTION ON ITEMS FROM EXECUTIVE SESSION (A) DISCUSS AND CONSIDER POSSIBLE ACTION ON A RESOLUTION ACCEPTING A PETITION FOR THE CREATION OF THE MUSTANG SPRINGS PUBLIC IMPROVEMENT DISTRICT AND CALLING FOR A PUBLIC HEARING. (B) DISCUSS AND CONSIDER POSSIBLE ACTION ON AUTHORIZING AND NEGOTIATING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR THE MUSTANG SPRINGS PUBLIC MPROVEMENT DISTRICT. ADJOURNMENT NOTE THE BOARD OF ALDERMEN MAY RETIRE INTO EXECUTIVE SESSION AT ANY TIME BETWEEN THE MEETING'S OPENING AND ADJOURNMENT FOR THE PURPOSE OF DISCUSSING ANY MATTERS LISTED ON THE AGENDA AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE INCLUDING, BUT NOT LIMITED TO, HOMELAND SECURITY PURSUANT TO CHAPTER 418.183 OF THE TEXAS LOCAL GOVERNMENT CODE; CONSULTATION WITH LEGAL COUNSEL PURSUANT TO CHAPTER 551.071 OF THE TEXAS GOVERNMENT CODE; DISCUSSION ABOUT REAL ESTATE ACQUISITION PURSUANT TO CHAPTER 551.072 OF THE TEXAS GOVERNMENT CODE; DISCUSSION OF PERSONNEL MATTERS PURSUANT TO CHAPTER 551.074 OF THE TEXAS GOVERNMENT CODE; DELIBERATIONS ABOUT GIFTS AND DONATIONS PURSUANT TO CHAPTER 551.076 OF THE TEXAS GOVERNMENT CODE; DISCUSSION OF ECONOMIC DEVELOPMENT PURSUANT TO CHAPTER 551.087 OF THE TEXAS GOVERNMENT CODE; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. CERTIFICATION Ihereby certify the above Notice of Meeting was posted on the Bulletin Board at the Salado Municipal Building by August 30, 2024, by 5:00 p.m. Debra Beax Debra Bean, City Secretary The Village of Salado is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Please contact Debra Bean, City Secretary at 254-947-5060 for information. Hearing-impaired or speech-disabled persons equipped with telecommunication devices may utilize the statewide Relay Texas Program at 1-800-735-2988. BoA Agenda Item #1 thru 2 Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: PUBLIC COMMENTS AND CONSENT AGENDA Project/Proposal Summary: 1. PUBLIC COMMENTS THE BOARD OF ALDERMEN WELCOMES COMMENTS FROM CITIZENS ON ISSUES AND ITEMS OF CONCERN NOT ON THE AGENDA. THOSE WISHING TO SPEAK MUST SIGN IN BEFORE THE MEETING BEGINS AND OBSERVE A FIVE (5) MINUTE TIME LIMIT WHEN ADDRESSING THE BOARD. SPEAKERS WILL HAVE ONE (1) OPPORTUNITY TO SPEAK DURING THIS TIME-PERIOD. SPEAKERS DESIRING TO SPEAK ON AN AGENDA ITEM WILL BE. ALLOWED TO SPEAK WHEN THE AGENDA ITEM IS CALLED. INQUIRIES ABOUT MATTERS NOT LISTED ON THE AGENDA WILL EITHER BE DIRECTED TO STAFF OR PLACED ON A FUTURE AGENDA FOR ALDERMEN CONSIDERATION. 2. CONSENT AGENDA A)APPROVAL OF MINUTES OF AUGUST 12, 2024, SPECIAL CALLED BOARD OF (B)APPROVAL OF MINUTES OF AUGUST 15, 2024, REGULAR BOARD OF ALDERMEN MEETING. ALDERMAN MEETING. ALDERMEN MEETING. ALDERMEN MEETING. (C)APPROVAL OF MINUTES OF AUGUST 22, 2024, SPECIAL CALLED BOARD OF (D)APPROVAL OF MINUTES OF AUGUST 26, 2024, SPECIAL CALLED BOARD OF (E)ACCEPT LETTER OF RESIGNATION FROM COMMISSIONER RON CUNNINGHAM FROM THE PLANNING AND ZONING COMMISSION. Ron Cunningham 615 Rose Way Salado,Tx.76571 ampamt7segmalcen (254)722-3874 08/19/2024 Planning and Zoning Committee Village of Salado 301 N Stagecoach Rd. Salado,TX.76571 Dear Mr. Lassiter /N Mr. Dal La Rosa/"Members of the Planning and Zoning Committee", As my committed term on the committee was fulfilled in November of 2023, and we havea a competent alternate inj place. Iam writing to formally resign fromi my position on the Planning and Zoning Committee for the Village of Salado, effective at the conclusion of the next Ith has been an honor to serve the village and contribute to the planning and development of our wonderful community. During my time on the committee, Ih have gained valuable experience and insight into the intricate processes that shape our village' 's future. I'm proud of what work we have accomplished together and have deep respect for the dedication and expertise of my fellow Unfortunately, due to professional commitments and personal reasons,Ifind that Ia am no longer able to commit the time and energy necessary to fulfill the responsibilities oft this role effectively. After careful consideration," I believe it is in the best interest of the committee and the village that Iam committed to ensuring a smooth transition and will do whateverI can to assist during this period. Please let me know how I can be of help in transferring my duties or providing any Thank you for the opportunity to serve my beloved Village of Salado. Ihave thoroughly enjoyed working with each of you and wish the committee continued success in its important work. scheduled meeting. committee members. Istep down and allow someone else the opportunity to serve. necessary information to ease this process. Sincerely, Ron Cunningham 2 BoA Agenda Item #3 thru 4 Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: CONSENT AGENDA AND STATUS REPORTS Project/Proposal Summary: 3. DISCUSS AND CONSIDER POSSIBLE ACTION REGARDING ANY ITEM REMOVED FROM THE CONSENT AGENDA 4. STATUS REPORTS (A) VILLAGE ADMINISTRATORS REPORT UPDATE ON THE HIRING OF A PUBLIC WORKS MAINTENANCE EMPLOYEE UPDATE ON WEBSITE INFORMATION (B) TOURISM DEPARTMENT REPORT TOURISM PLAN. Salado Presented by Deanna Whitson SALADO LANDMARK GOALS AND OBJECTIVES Growth our town? What do we need to do in order to bring growthto Customer Satisfaction Whatt truly draws a visitor to town? STUDY Visitor Center numbers: June through. August - Saturdays only The observation was done during the summer months, June through August for a total of1 12 weeks. During these twelve weeks there were a total 105 visitors on Saturdays for the Visitors Center. This averages an estimated: number of 8p people each Saturday. Some ofv whicht these Saturdays either hada large groupt that came atag givent time or less than 8 This study prompted us to evaluate how tot best allocate our valuable time, particularly int terms of payroll for our part-time employee. 12 weeks 105 visitors Average estimated 8 visitors onaSaturday during the day. ANALYTICS WELCOME TO An average of 2,500 people stop in Salado daily. This Eenerates Sales dollars forour Village. tax Average Length of stay: 1day SALADO Resource: Datafy STATISTICS Social media platforms are pivotal in tourism marketing, with over 90% of travel brands actively using social media for marketing. 90% MMMMM - User-generated content onsocial media is highly trusted, with about 80% of travelers considering reviews and photos posted by other travelers before making bookings. 80% MMMMMM DECISION FACTOR Witha clear understanding of Saturday visitor numbers and thet factors driving traffic, we must now focus on structuring our time effectively to ensure Salado's success in generating sales tax dollars. Time Ourt timei is valuable. Wer needt to usei ite effectivelyt tor maximize the impacto ont tourism. Relationships Ourb businesses deserve our attention. Bulldingt these relationships bringse excitement to them ande extends that enthusiasm too our visitors. Success Increase Vileget business' profitability by attrecting newe end existingy visitors' travels spending. PRIMARY FOCUS Profitability By generating the necessary content for social media and YouTube tos showcase Salado, we anticipate a notable rise in visitor numbers. Customer Value We want every visitor tof feel valued and connected to Salado by keeping our events upt to date and through touch ofar newsletter tok keep them coming Introducing a new way to engage with our businesses and visitors in our town. back. Innovation Our QR code vill be prominently displayed ina all our hotels and lodging facilities, along with rack cards fcaturing information about local ousinesses. This wil allow guests stayingi in Salado to easily access details on current events and explore future coportunities to QRcode Social media plays as significant rolei in destination tourism, influencing travelers' decisions and shaping their Experiences.. return. Social Media YouTube is the second most visited website globally, with over 2.55 billion! logged-in monthly users. YouTube Building relationships with! local businesses can lead to mutual benefits such asi increased visibility, customer traffic, and networking Relationships opportunities. Supporting local businesses not only boosts the local economy but also creates a positive impaci ontne community as a whole. Businesses Come. Sit. Stay. www.visitsaladotexas.com Salado, Bexas VISITOR KIOSKS ENERGIZING THE COMMUNITY! IISITOR GUIDE Advanced Kiosks - EXPERIENCE Around 85% of travelers have posted about their travel experiences on social media, influencing their peers travel choices. Thank you for your time. 254-947-8634 dwhitson@saladotx.org BoA Agenda Item #5 Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: PUBLIC HEARING Project/Proposal Summary: 5.F PUBLIC HEARING AF PUBLIC HEARING ON CONDITIONAL USE PERMIT APPLICATION NUMBER CUP-24-003 TO ALLOW MIXED BEVERAGE SALES ON PROPERTY ZONED HISTORIC DISTRICT OVERLAY LOCATED AT2 PEDDLERS ALLEY, SALADO, TEXAS. THE PROPOSED NAME OF THE BUSINESS IS BOURBON SPEAKS. THE APPLICANTS ARE TROY AND ANDRA PARSONS. BoA Agenda Item #6A Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (A) DISCUSS AND CONSIDER POSSIBLE ACTION ON THE CONDITIONAL USE PERMIT APPLICATION NUMBER CUP-24-003, AN APPLICATION FOR MIXED BEVERAGE SALES AT: 2 PEDDLERS ALLEY. Willage "Salado I3N.STAGECOACH RD. PO Box 219 . SALADO, TEXAS 76571 APPLICATION FOR CONDITIONAL USE PERMIT Phone: 254-947-5060 Fax: 254-947-5061 APPLICANTI INFORMATION NAME:Troy: and Andra Parsons ADDRESS:2914 OWL Lowery, Salado, TX76571 Email & TELEPHONE NUMBER:IscOHI1979@yaho.com (512)-567-9325 LEGAL DESCRIPTION & PHYSICAL ADDRESS OF PROPERTY INVOLVED: Business Personal Properly atPeddlersA Alley andCollege HilD Drive 2Peddlers Alley in Salado, Bell County. Texas Existing use of property: Pottery Studio LEGAL OWNER OF PROPERTY INVOLVED: Gail Allard REASONI FOR REOUEST: Conditional Use Permitf for Mixed Beverage Sales Signature of Applicant Date FEE: $200.00 (DUE ATTIME OF APPLICATION) SDFEE PAID City Office Use Only: Application Date 7/30/2024 8/27/2024 Planning & Zoning Public Hearing P&Z Hearing Notice Published (15 days prior) 8/08/2024 P&Z Neighborhood Notices (10 days prior) City Council Public Hearing City Council Notice Published (15 days prior) 9/05/2024 VILLAGE OF SALADO PUBLIC HEARINGS Notice is hereby given that the Planning and Zoning Commission will hold ap public hearing on Tuesday, August 27, 2024, at 6:30 p.m., and the Village Board of Aldermen willl hold aj public hearing on' Thursday, September! 5,2024, at 6:30 p.m. The public hearings will be held att the Municipal Building, located at 301 N. Stagecoach Road, Salado, Texas 76571. At such time, the Planning and Zoning Commission and Village Board of Aldermen will conduct a sep- arate Public Hearings on (CUP-24-003) an application for a Conditional Use Permit to allow for mixed beverage sales on property zoned Historic District (HD) and located at 21 Peddlers Alley in Salado, Bell County, Texas. Ify you wish to comment, but are unable to attend, written comments may be submitted to the City Planner via email at gpence@saladoux.gox prior to the meetings. AIVPPIERE Aemy a ops II BOURBON SPEAKI MAITE BUSINESS PLAN: I. Company Summary The purpose of this business ist to bring the MEN and other community members together. This is a place where men and/or women of all ages can get together and hang out. Chill and relax after a hard day at work in a calm quiet space where they can escape the wife and children, or We want a welcoming and cozy environment, with a dark but vibrant design. We are holding tight to the originality of the building and creating our rustic barn/cabin feel onto of what is already there, along with adding a classy vibrant speakeasy feel. Bourbon is a, sipping it neat kind of drink, that creates conversation and brings out the similarities in all different kinds of people. We want our bar to be a place where there is fun to be had but in a laid back, quiet vice versa. A place to hang with friends!!! type of atmosphere. Unlike most Speak Easy lounges, our lounge is NOT to be hidden. We want to embrace the MEN and give them a reason to create "Guy's Night Out"-.something Iwould say the Wives' are very good at doing. Unlike the competition of the "Men Only" reach...we also want to give a ladies al little something. Ladies will be heaven during Brunch Time on the Weekends!!! ***This is currently ini the concept phase"** H. Company Overview Bourbon Speaks will run during optimal Happy Hour business Hours. We will be open: Wednesday- - Thursday: 2pm - 9pm Friday: 2pm - 10pm Saturday - 10am - 10pm Sunday: 10am - 4pm ***Brunch willl be offered on Saturdays and Sundays from 10am - 2pm While at Bourbon Speaks, the atmosphere will look similar to the sample photos presented on the following pages. You will find a mixture of metals, furs, leather and lighting. We want the mood to feel relaxing with dim light, but at a vibrancy filling the room with welcome conversation, as opposed to a night light that makes you want to take a nap. We will use the furs and leathers to reach the hunter inside all MEN and the metals to create the stream lines ofi industry: There will be geometric shapes throughout to bring a modern and trendy, new age feel, to what prohibition looked like, and pops of complementary color in the décor to amuse the ladies!I! Il BOURBON PEAKE AAIT The focal point of the lounge will be the Wall of spirits behind the bar top that we willl be serving. Of course Bourboni is our focus from bottom to top shelf, but we know that Bourbon is not the only spirit that pulls on the heart strings of others. We know that not onlyi is Bourbon a sipping it neat type ofd drink, but that Scotch, Whiskey (the Whole Whiskey Family) and even Tequila can be as sipping it neat kind of drink. So we intend to offer a variety of options, along with a craft cocktail menu. Because we want our MEN to have something to talk about, even the MEN who are keen on Beer more than spirits, we will have brews for them too. But don't forget the ladies! We will have cocktail offerings for them, along with traditional Mimosa's during weekend Brunch. ***(Brunch is Aside from focusing on the drink offerings, we want there to be ample lounging available. We will have the traditional bar top seating, but we want our MEN and women to come in and fall into the comforts of our furniture. We want the large leather arm chairs that are worn in and ready for OUTSIDE - We will be offering high top, standing room only tables that are perfect for quick banter and a sip of the drink while you wait your turn to play bags or horse shoes. We will also offer standard table and chair options, along with lounge chairs. Never fear when dinks are near....we will have misters for the hot Texas summer days and water troughs for MAN's Best Friend!!! However, we are proud. and grateful for1 the natural shade that the tree'ssurrounding the Bourbon Speaks should be a place where everyone feels welcome. A place that is pet and family friendly and somewhere you can go where the drinks are good and the atmosphere is conceptual as ofnow) relaxation. We want velvety soft sofa'sand tables ready to hold your drinks! building put off. quiet and calming. True relaxation! II. Company and Community One thing as the owners that wel love about our small town ist the fact that the community always comes together! The residents along with fellow business owners support and cheer each other on, SO we want to do the same thing at Bourbon Speaks. We want to support all the small businesses around us: We want to offer small bites: Pre-prepared and Pre-packaged items) Partner with Local chefs and Bakers that will bring in appetizers and baked goods Partner with surrounding restaurants to hold their menu's and offer to run food back and forth to our patrons. We want to offer local food trucks an opportunity to come and visit IIIV BOURBON PLALS MAIN We want to offer Cigars: We want to work with our local Cigar shop to offer their cigars for sale or hold some of their cigars in house for our MEN to enjoy outside. Work with them encourage foot We want to house highball glasses, Rocks glasses and other glassware from the local traffic from one place to the other since they are BYOB We want to offer custom Glassware: Glassworks shop. IV. Company Management Plan = Thisi is at family affairl Bourbon Speaks will be run by Husband and Wife. We will also enlist the help of one of our employee's." The Plan is that this stay a small space with minimal max capacity, along with tight hours. This lounge is meant to be a short term get away for MEN and women during the week and a quaint gathering place on the weekends. What does the future hold: We want well trained employees/Dartenders that are trained in craft cocktails and knowledgeable about the different spirits options that are available. Not to dismiss the need for bar backs and food runners. We would even like to one day have a Lounge Cart that will tote husbands and wives down Main Street! Why walk all over looking for your spouse We would also like to incorporate Brunch on the weekend from 10am - 2pm which would include Breakfast food options during those hours of operation. when you can geta a ride BoA Agenda Item #6B Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (B)DISCUSS AND CONSIDER POSSIBLE ACTION ON APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN BELL COUNTY EMERGENCY SERVICES DISTRICT NO. 1 AND THE VILLAGE OF SALADO. Proposed THE STATE OF TEXAS 5 COUNTY OF BELL $ S BELL COUNTY EMERGENCY SERVICES DISTRICT NO.1 THIS INTERLOCAL COOPERATION AGREEMENT CAGREEMENT IS ENTERED INTO PURSUANT TO CHAPTER 775, TEXAS HEALTH & SAFETY CODE, AND CHAPTER 791, TEXAS GOVERNMENT CODE, BY AND BETWEEN BELL COUNTY EMERGENCY SERVICES DISTRICT NO. 1 HEREINAFTER REFERRED TO AS THE "DISTRICT") ACTING THROUGH THE DISTRICT'S BOARD OF EMERGENCY SERVICES COMMISSIONERS ANDTHE VILLAGEOF: SALADO, TEXAS, A1 TEXAS GENERAL LAW MUNICIPALITY, HEREINAFTER REFERRED TO AS THE "VILLAGE") ACTING THROUGH1 THE VILLAGE'S GOVERNING BODY. Whereas, the District'scommitment is toj provide services to assist in the protection oflife and property from fire, hazardous materials incidents, accident, disaster, or other Whereas, the Village desires to receive services from the District that will enhance the health, safety, and wellbeing oft the Village and its citizens, namely the performance by the District of fire inspections, the issuance and enforcement of burn permits, assistance in arson investigations, assistance in the Village's plat review process, or other related NOW, THEREFORE, BE IT RESOLVED THAT the parties hereto agree as follows: emergencies, and for the conservation of natural resources; and services. 1. CONSIDERATION 1.01 Inc consideration for the monies to be appropriated for provision of emergency services by the District to the Village under the terms oft this Agreement, the District will provide the following services, as further set forth herein (collectively referred to below as "Fire Services") within the Village. These services are separate and apart from services already provided by the District to residents ofthe Village who reside within the District's territorial boundaries: Fire inspections; Review of plat applications for issues related to emergency fire service; Monitoring and enforcing burn permits issued by the Village, Assistance in arson investigations by Salado Police Department, and Other related services as may be agreed to by the District and Village. Page 1 of7 TERMS 2.01 The term ofthis Agreement shall be for a period of years, subject to further extension by the governing bodies of the District and the Village. In consideration for the terms of this Agreement, the Village, being a duly created political subdivision oft the State ofTexas located in Bell County, Texas, agrees to provide the District with the following payment: 2.01.1 The Village will remit to the District the fees collected by the Village for the Village'si issuance ofburn permits which will be monitored and enforced by the District, and the portion of any plat review fees received by the Village that are attributable to services provided by the District, as those fees are determined by the Board of Aldermen of the Village. 2.02 The Village, in making payments hereunder for governmental functions or services, shall make payments from current or reserve funds available to the Village, and in the event the District does not have current or reserve funds available for this Agreement, either party shall have the right to terminate this Agreement without penalty. PAYMENTS 3.01 The funds appropriated to the District shall be remitted to the Village as set forth herein. . 3.02 Pursuant to Section 775.073, Texas Health & Safety Code, and other applicable law, it is understood and agreed by the parties that any funds allocated by the Village to the District hereunder are for maintenance and operation expenses only in the provision of the fire services set forth herein, and the District, unless otherwise agreed to by the parties hereto in writing, shall not use any Village funds for the purchase, lease, or acquisition of any real or personal property, and any real or personal property of the District shall remain the sole property of the District unless Village funds are used toj purchase, lease, or otherwise acquire such real or personal property, with or without a written agreement between the parties hereto. The parties further agree that the Village does not have any ownership interest ini the real and personal property of the District as of the date of the execution of this Agreement, except for that real or personal property purchased with Village funds, if any. The Village payments under this Agreement shall not create an ownership interest in the real and personal property of the District and are intended to be applied solely to maintenance and operation expenses, unless Village funds are used in contravention of this provision and applicable law, and used to purchase real or personal property by the District. 4. REPORTING REQUIREMENTS 4.01 The District shall comply with and maintain compliance with all licensing, training, fiscal, and other requirements imposed on the District by local, state, and federal law or administrative regulations. Page 2 of7 5. STATEMENT OF PARTICULARS 5.01 The District agrees to use the funds from the Village to provide services set forth in paragraph 1 within the District's area of responsibility under this Agreement. It is understood and agreed that for the provision of Fire Services by the District, the District's area of responsibility 5.02 The parties to this Agreement affirm that the District and the Village are separate entities and as such, the District is responsible for its actions as an emergency services provider, and the Village is responsible for its actions as a political subdivision of the State ofTexas. Neither party shall be responsible for the actions of the other in case ofany liability for damages or other relief. Neither the Village, its agents, nor any other person operating under this Agreement shall be deemed to be an agent ore employee ofthe District, and the District shall not be liable fornegligence or other conduct, acts, or omissions ofany such person. Nothing in this Agreement is intended to or shall have the effect of adding to or changing the liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act, Texas Civil Practice and Remedies will be the entire territorial limits of the Village. Code chapter 101, or other applicable law. PERFORMANCESTATEMENT 6. District shall: Assure all its emergency response personnel are appropriately trained and certified for the Assure that qualified personnel are available to respond to each call to which the District is levels and types ofs service provided. dispatched. Other items that may be agreed to from time-to-time by the parties. Provide adequately equipped and operational emergency vehicles, equipment and personnel to respond to each call, to which the District is dispatched. Village shall: Within 30 days from the effective date of this Agreement, the Village shall provide District with a current map showing the boundaries oft the municipal boundaries ofthe Village with all major arterial streets labeled. INDEMNIFICATION: 7. 7.01 To the extent permitted by law, and except as otherwise provided by Section 7 of this Agreement, the Village shall indemnify and hold the District, as well as its commissioners, officials, agents, volunteers, and employees, harmless from any and all claims of any type, including negligence, and all attorney's fees and related costs, made on account ofany loss through Page 3 of7 personal injuries, deaths, or property damages, arising directly or indirectly out of the sole or concurrent negligence, or the sole or concurrent intentional acts or omissions oft the Village or its contractors, officials, agents, employees, volunteers, subcontractors, or representatives, in performing the services required under this Agreement, except where the District is concurrently 7.02 To the extent permitted by law, and except as otherwise provided by Section 7 of this Agreement, the District shall indemnify and hold the Village, as well as its governing body, officials, agents, volunteers, and employees, harmless from any and all claims of any type, including negligence, and all attorney's fees and related çcosts, made on account ofany loss through personal injuries, deaths, or property damages, arising directly or indirectly out of the sole or concurrent negligence, or the sole or concurrent intentional acts or omissions of the District ori its commissioners, officials, agents, employees, volunteers, contractors, subcontractors, or representatives in performing under this Agreement, except where the Village is concurrently 7.03 Itisexpressly understood and agreed that, in the execution oft this agreement, neither party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against any claims by third parties arising in the exercise ofits governmental powers or other powers or functions or pursuant to the Texas Tort Claims Act or other applicable statute, 7.04 In accordance with Texas Government Code, Section 791.006 regarding assignment of civil liability, and except as otherwise provided by applicable law, including, but not limited to, regulations regarding workers compensation insurance, each party hereto shall be responsible for injuries or death to its employees and volunteers while performing services under this Agreement. A party shall not be liable for benefits or any other compensation for injuries or death oft the other party's employees or volunteers while performing services under this Agreement. An employee or volunteer shall be deemed to be performing services when en route to, en route from, or at the scene ofa call or emergency. Specifically citing Texas Government Code Section 791.006 (a-1), the parties agree that, for purposes of determining civil liability for non-party claims, the act of any person or persons while fighting fires, providing rescue services, providing EMS services, traveling to or from any type of emergency call or emergency scene, or in any manner furnishing services in accordance with this Agreement, shall be the act of the party performing such act. The payment of any and all civil or other liability, including negligence, resulting from the furnishing of services in the District under this Agreement is the responsibility of the individual party performing such acts. This shall specifically include, but not be limited to, the payment of court costs, expenses, and attorneys' fees resulting from any such claim or lawsuit. The parties agree that the assignment of liability described in this Section 8 is intended to be different than liability negligent orl has committed concurrent intentional acts or omissions. negligent or has committed concurrent intentional acts or omissions. law, rule, or regulation. otherwise assigned under Section 791.006 (a) oft the Texas Government Code. 8. MISCELLANEOUS: 8.01 In the event that either party determines that the other party has violated any of the terms ofthis Agreement, the non-breaching party may notify the breaching party ofthe alleged violation inv writing. The breaching party shall, within 30 calendar days following the date ofnotice, correct Page 4 of7 the deficiency and provide the non-breaching party with written confirmation that the deficiency has been corrected. Ifthe breaching party contends that the alleged violation has not occurred or that any act or omission does not constitute a violation, it shall provide a written objection to the non-breaching party ofits contention within ten (10) calendar days following the date ofthe notice of violation. The parties then shall attempt to resolve their differences informally. If the parties cannot reach an agreement within thirty (30) calendar days following the breaching party's notice of objection, the parties will submit the matter either to mediation, or if both parties agree, to binding arbitration. Ifarbitration is selected, the matter shall be submitted to an arbitrator with membership in the American Arbitration Association. If mediation is selected, the mediator selected will be by agreement oft the parties, orifthe parties cannot agree onan mediator, the Burnet 8.02 This Agreement is executed in Bell County, Texas, and venue over any action relating to any provision ofthis Agreement shall be exclusively in Bell County, Texas. This Agreement shall 8.03 The persons signing this Agreement warrant that they are authorized to enter into this Agreement on behalf oft the respective entities that they represent and to bind those entities to the 8.04 In the event that this Agreement is not renewed at the end ofits term as stated herein, this Agreement shall remain in full force and effect after such expiration ofthis Agreement and shall be automatically renewed thereafter on a month-to-month basis until a new agreement is reached between the District and the Village or the Agreement is otherwise terminated by either party 8.05 This Agreement shall iremain in effect as stated above, until such time as either party desires to amend or terminate this Agreement, with or without cause; provided, however, that either party's decision to terminate without cause shall not take effect until September 30 of the budget year that the terminating party provides the termination notice described by this paragraph. The written notice shall be mailed to the below-noted addresses via U.S. certified mail, postage prepaid and return receipt requested, and the date of mailing shall be deemed the date of the postmark. Upon notice of the desire to terminate or amend the agreement, both parties may negotiate any 8.06 This Agreement contains the entire agreement between the parties and all prior negotiations, statements, or representations are superseded and displaced hereby. A waiver, alteration, or modification of this Agreement shall not be binding unless it is in writing and signed 8.07 Thel headings oft the various paragraphs ofthe Agreement have been inserted for convenient reference only and shall not be construed to enlarge, diminish, or otherwise change the express 8.08 In the event that any one or more of the provisions contained in the Agreement shall be held to be invalid or unenforceable in any respect by a court of competent jurisdiction, such County Judge shall select the mediator. be governed by the laws of the State ofTexas. provisions oft this Agreement. hereto. mutually satisfactory amendment or renewal oft the Agreement. by both parties. provisions hereof. Page 5of7 invalidity ofunenforceability, shall not affect any other provision hereof, and this Agreement shall 8.09 The governing body of each party to this Agreement shall authorize entry by such party 8.10 Any notices under this Agreement, excluding reporting requirements by the parties, shall be sent by certified mail, return receipt requested, addressed to the appropriate party at the be construed as ifsuch invalid, illegal or unenforceable provision did not exist. into this Agreement. following addresses: Ifto the District: President [address] Secretary [address] Bell County Emergency Services District No. 1 With a copy to: Bell County Emergency Services District No. 1 Iftot the Village: Mayor Bert Henry Village of Salado, Texas 301 N. Stagecoach Rd. Salado, TX 76571 Village Manager Manuel de la Rosa Village of Salado, Texas 301 N. Stagecoach Rd. Salado, TX 76571 Joshua D. Katz BickerstaffHeath Delgado Acosta LLP Two Barton Skyway 1601 S. MoPac Expy, Suite C400 Austin, Texas 78746 With a copy to: 8.12 Any rights that either party may have under this Agreement may not be assigned without the express written permission of the other party, provided, however, that and nothing in this Agreement precludes or prevents the District from contracting with other entities to provide the 8.13 Pursuant to $ 775.040, et seq., Texas Health & Safety Code, the District and the Village are specifically authorized to charge a reasonable fee for emergency services performed for oron behalf of a person or entity, including a fee for responding to a false alarm or for a fire code inspection, and such fees may be collected as set forth therein, either by the District or the Village, at the rates and under the conditions as may be agreed to from time-to-time by the parties hereto. same or similar services during the term of this Agreement. Page 6of7 To the extent allowed by law, the Village is hereby authorized to charge the established rates and fees as charged within the Village for Fire Services provided within the District; however, at no time, without the prior written approval ofthe District, shall the Village charge a fee for emergency services performed for or on behalfofap person or entity within the District's territorial boundaries, including a fee for responding to a false alarm or fora a fire code inspection, that it does not charge to its own citizens and visitors within the Village of Salado, Texas. This Agreement is executed and signed on this BELL COUNTY EMERGENCY SERVICES DISTRICT: NO.1 day of 2024. VILLAGE OF SALADO, TEXAS By: ATTEST: By: President Bert Henry, Mayor Secretary, Bell County Emergency Services District No.1 APPROVED AS TO FORM: Village Secretary, Village of Salado, Texas By: Attorney Bell County Emergency Services District No. 1 By: Joshua Katz, Village Attorney Village of Salado, Texas Page 7 of7 BoA Agenda Item #6C Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (C) DISCUSS AND CONSIDER POSSIBLE ACTION ON INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE VILLAGE OF SALADO AND MEDIA 2 SOCIAL LLC. To Obtain' The Services or Media 2 SocialLI.C THIS INDEPENDENT CONTRACTOR AGREFENTIRP-AEPemmr)dadko. BETWEEN: The Village Salado Tourist Department (the' "Client") -AND- Media 2 Sociall1.C (the "Contractor") BACKGROUND: A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client. A. The Contractor is agreeable to providing such services to the Client on the terms NCONSIDERATON OF the matters described above and of the mutual bencfits and obligations set forth in this Agreement, the receipt and sufliciency ofv which consideration is herebyacknowl ledged, the Client and the Contractor (individually the "Party" and collectively and conditions set out ini this Agreement. the "Parties" to this Agreement). agree as follows: Services Provided 1 The Client hereby agrecs to engage the Contractor to provide the Client with services( (the "Services") consisting of SOCIALMEDIA MABKLINGNONIEN PROGRAM Marketing & Management Services Web Design Features: Basic Website Designed to Fit Your Business. 3-5 Page Website Build Mobile-Friendly Design On-Page Optimization for Google SEO Stock Photos For Website Content Hosting Included If Needed Domain Transter SSL. Security Contact Form Email Integration Monthly Maintenance $700 a month 21 hours of page changes cach month Website Back-Ups llealth Checks Security Monitoring $2000 face lin fee upt to! $100 monthly installments so totaling $800 a month with the lacebook grabs for events. 2. Please note: The Services offèred by Media 2 Social LLCwill commence upon receipt of first month's 's payment. Term of Agreement 3. Thet term of this Agreement (the "lerm") will begin on the date of this Agreement. This agreement will be enforced on a 6 month basis. Should both parties agree toa long term commitment, this agreement will remain in eflect indefinitely until terminated as provided in this Agreement. 4. Important: There will be a. 30 day on-boarding period to obtain account. access across social platforms, admin access, landing page integration or creation, and content creation. Within this 21 day period, account setup will commence, and ads may be launched on or before the first 21 days of this agreement. Media 2 Social LLC hereby agrees to provide such Services(s) to the Client. 5. In the event either Party wishes to terminate, that Party will be required to provide at least 30 days' written notice to the other Party via email or to the following: contactiamodm,sucial com or the email belonging to The Client with final payment rendered to terminate this agreement. Notwithstanding the foregoing. either party shall have the immedinte unilateral right lo terminate the agreement effective upon receipt of written notice, ini the event that such other Party engages in reprehensible bchavior or conduct that may negatively impact cither Parties' public mage and, by association, the public image oft the contracting company or Client. 7, Int the event that cither Party breaches a material provision under this Agreement, the non-defaulting Parly may terminate this Agreement after providing the other party withas 5 day period to cure the default. In the event the defaulting Party fails to curc the default the defaulting Party agrces to indemnify the non-detaulting Party against all reasonable damages attributed to any loss suffered by the indemnified Party as a result oft the defaulting Partly'st breach. Onboarding session mecting policy. The terms of this agreement allows for one 60- minute onboarding session upon the start of campaigns. The onboarding session will be scheduled at a time: suitable for both The Client and Media 2 Social staff. This meeting will be scheduled upon the signing oft this contract and first months payment. Failure to attend the pre-determined onboarding session may result in: a service fec to reschedule at a later time: and or a delay in campaigns launches. Late payment policy. Failure to pay after a 5 day grace period, Media 2: Social LLCholds the right to halt any and all digital Ads until The Client pays the compensation that is past due. Once compensation is delivered and processed by Media 2 Social Accounting, Media 2 Social LLC will resume all digital Ads right away. Performance 13. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect inz an effective and successful manner. Currency 14, Except as otherwise provi ided int this Agreement, all monetary amounts referted to int this Agreement are in US Dollars. 2. Payment from" The Client will ber received by The Contractor on a monthly recurring basis via an online merchant of the Contractor's s choice. A check or money order is permitted for first month's payment Compensation For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the Compensation") to the Contractor: at the rate of: $800 Monthly Fee to acquire the professional services oft Media 2 Social LIC. This amount includes all services and labor defined in this agrecment, nothing additional. .1 The Compensation willl be payable on a monthly basis, while this Agreement is in force. The Compensation is due on the agreed upon date defined by both parties. Media2 Social LLC only allowsa 5 day grace period in the event The Client is late on payment. 3. Reminder: Failure to pay afler the noted grace period, Media 2 Social LLC holds the right to halt any and all digital Ads until The Client pays the compensation that is past 4. Ass stated in thei initial start of this agreement, services rendered by Media 2: Social LICwill commence once first months payment has been received by Media 2 Social due. LLC Accounting. Confidentinlity 21, Confidential information (the "Confidential Intormation") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and thati is not generally known and where the release of that Confidential Information could 5. The Contractor agrees that it will not disclose. divulge. reveal, report or use, for any purposc, any Conlidential Information which the Contractor has obtained, except as authorized by the Client. This obligation will survive the expiration or lermination of reasonably be expected to cause harm to the Client. this Agreement indelinitely. 6. All written and oral information and materials disclosed or provided by the Client to the Contractor under this Agreement is Confidential information regardless of whether it was provided before or after the date of this Agreement or how it was provided tot the Contractor, RetumnofProperty 7. Upon the expiry or termination oft this Agreement, the Contractor will retum to the Client any property. documentation, records, website domains, or Contidential Information which is the property of the Client ifany are provided. Contractor agrees that at all times while Contractor is providing services for Client, its work product is work for hire and the media (videos, pholos, visual assets, ctc.) developed or used by Contractor solely for the Client pursuant to this Agreement shall be the: sole property of Client. In the event The Contractor produces any additional media/content for the benelit of the Client, The Contractor shall have the ability to usc said media/content for its own marketing purposes during and after the conclusion or termination of this agreement only ifs said media was created by The Contractor. Contractor agrees that upon request to retum all said property and all copies of information or writings related to said property shall be delivered to the Client. Contractor agrees to cooperate with Client in obtaining copyrights in Client'sn name, and shall sign any such applications or needed assignments ofr rights ifany. Further, the Contractor agrees that the same shall constitute confidential proprictary information as The Contractor maintains full ownership of the Google Business Manager account & TikTok Business Manager account associated with the campaigns delivered. Upon this agreement expiring, The Contractor maintains full rights and ownership of the intellectual property defined in this agreement within "Google Ads Account ID: 658-383-0362" and "Tik'Tok Business Manager Account ID: 7377018313752494096 andi is nol required to provi ide any data or intellectual property to The Client after the termination ofthis agreement unless paid for otherwise. Intellectual property includes sourced keywords, ad copy, bidding strategy techniques, custom audience creations, pixel or cookie installations, website: screen recording software, and any other elements deemed relevant to a campaign built and optimized by The Contractor. the: same is described herein. 27. lfthe Contractor does not own the website domains (URL's) being used within the campaign(s) launched per this agreement. Media 2 SociallL.Cdoes not hold the rights to The Client' S built or third-party purchased website nor is responsible for any changes; design flaws or functionalily during or after the lermination of this agreement. Capacity/ndepsndent Contractor 10. In providing the Services under this Agreement iti is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknow! ledge that this Agreement does not create a partnership or joint venture between them, andi is exclusively a contract for service. Notice 11: All notices, requests, demands or other communications required or permitted by the terms of this Agreement willl be given in writing and delivered to the Partics of this Agreement as follows: a. Date Representatives of Media 2 Social LLC or to: such other address as any Party may from time to time notify the other. Indemnification 19, Except to the extent paid in settlement trom any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective afliliates, officers, agents, employees, and permitted successors and: assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of': any act or omission of the indemnifying party, its respective afliliates, oflicers, agents, cmployces, and permitted successors and assigns that occurs in connection with this Agreement, This indemnification will survive the termination of this Agreement. Insurance 20. The Contractor willl be required to maintain general liability insurance including coverage for bodily injury and property damage al a level that would be considered reasonable in the industry of the Contractor based on the risk associated with the characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration oft this Agrecment. Legal LExpenses 21. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party willl be entitled to recover, in addition lo any other damages or award, all reasonable legai costs and fees associated with the action. Modification of Agreement 22. Any amendment or modification of this Agreement or additional obligation assumed by cither Party in connection with this Agreement will only be binding ifd evidenced in writing signed by cach Party or an authorized representative ofeach! Party. Assignment 23. The Contractor will not voluntarily. or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent ofthe Client. Entire Agreement 24. Iti is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. Enurement assigns. Governing Law 25. This Agreement will enure to thel benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted 26. Itist thei intention of thel Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agrecment, be construed in accordance with and govered, to the exclusion of the law ofany other forum, by the laws of Texas, without regard to thej jurisdiction in which any action or special procceding may be instituted. Ifeither Party moves residence outside thes state of" Texas, governing law will become applicable in the identilied state. 27. In the event that any of the provisions oft this Agreement are held tol be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue tol be valid and enforceable with the invalid or unenforceable parts severed from the 28. The waiver by cither Party ofa breach, default, delay or omission of: any ofthe provisions of this Agreement by the other Party will not be construed as a waiver of Severability remainder of this Agreement. any subsequent breach oft the same or other provisions. INWITNESS WIEREOF the Parties have duly aftixed their signatures under hand, seal or clectronic Signature on this day 7-18-2024. Client- Media 2 Social LIC Representatives BoA Agenda Item #6D Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (D) DISCUSS AND CONSIDER ACTION ON AN ACCEPTANCE AGREEMENT BETWEEN THE VILLAGE OF SALADO AND CELTS INTERNATIONAL LLC. ACCEPTANCE AGREEMENT VILLAGE OF SALADO, TEXAS CELTS INTERNATIONAL, ,LLC Between and STATE OF TEXAS COUNTY OF BELL $ $ S This Acceptance Agreement (this "Agreement") is entered into between the VILLAGE OF SALADO, TEXAS, a general law municipality of the State of Texas (the "Village"), and Celts By its signature below, the Village hereby acknowledges and agrees to acceptance of the installation and construction of the roadways and the sidewalks and drainage facilities within the right-of-way that are located within the proposed Salado Center, Phase II, a drawing of which is attached and incorporated as Exhibit A (the "Roadways"). The Village has reviewed the plans As consideration for acceptance of the Roadways, the Owner hereby warrants and agrees to maintain the Roadways foraperiod loftwo (2)years and will provide at two-yearn maintenance bond (warranty) that the Roadways will be free from defects for a period oftwo (2) years following Subject to the warranty set forth above, the Village of Salado therefore accepts maintenance International, LLC, an Oklahoma limited liability company ("Owner"). and improvements and accepts the improvements as constructed. acceptance of the Roadways by the Village. of these public works improvements as of VILLAGE OF SALADOTEXAS, A Texas general law municipality By: Name: Title: CELTS INTERNATIONAL LLC, By: Name: Title: BoA Agenda Item #6E Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (E) DISCUSS AND CONSIDER POSSIBLE ACTION ON ORDINANCE NUMBERS 2013-08 AND 2014-09 IN REGARD TO THE APPOINTMENT OF PERSONS TO THE PLANNING AND ZONING COMMISSION. Excerpt from Zoning Ordinance 2013.08 as amended by Ordinance 2014.09 Section 2.2: Planning & Zoning Commission A. General: 1. The Planning and Zoning Commission (also referred to as the "Commission") shall function according to the following criteria that establish membership and operating procedures. B. Created; Membership; Officers; Rules & Bylaws: 1. There is created. in accordance with Chapter 211 of the Texas Local Government Code. the "Planning and Zoning Commission", hereafter sometimes referred to as the "Commission", which shall consist offive(5)people residing within the Village ofSalado. There mayl bet two (2)alterates 2. Members shall be nominated by the Aldermen of the Village of Salado. and cach person so nominated must be approved by a simple majority vote of the Board of Aldermen before being 3. All appointments to the Commission shall serve as a member oft the Commission for a term ofoffice oft two (2): years. Members may be reappointed for up to a total of two (2) terms. Members may made up of residents who reside within the Village limits. appointed as ai member oft the Commission. serve staggered 2-ycar termis. Village of Salado, Texas Zoning Ordinance 2013.08 1IPage 4. - Any vacancy(s) on the Commission shall be filled via appointment by a simple majority vote oft the 5. Members of the Planning and Zoning Commission may be removed from office at any time by a simple majority vote of the full Board of Aldermen either upon its own motion or upon recommendation oft the Planning and Zoning Commission. Failure to attend three (3) consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member's control such as sickness of the member or someone within the member's immediate family. A vote to remove a Commission member shall be placed on the appropnate agenda as a regular item, and shall be voted upon The members of the Commission shall regularly attend meetings and public hearings of the Commission, shall serve without compensation, and shall not hold any other office within, or serve as an employee of, the Village while serving on the Commission. The Commission shall meet a minimum of once per month at a time established by the Board of Aldermen. Ifthere have been no applications filed fori review by the Commission and there is no other business to discuss, the Village Administrator may direct the Village Secretary to notify the Chairman and no meeting will be 7. The Chairperson and a Vice-Chairperson shall be appointed by the Commission membership, and each officer shall hold office for one (1) year or until replaced by a simple majority vote ofthe full Commission or full Board of Aldermen. The Mayor/Village Administrator's designee shall serve as Secretary to the Commission, and shall keep minutes ofa all meetings held by the Commission as well as the full record of all recommendations made by the Commission to thel Board of Aldermen. 8. The Commission shall have the power to make rules, regulations and bylaws fori its own govemnance, which shall conform with those set forth by the Board of Aldermen, and such rules, regulations and bylaws shall be subject to approval by thel Board of Aldermen. Suchi rules and bylaws shall include, Board of Aldermen. accordingly. required for that month. among other items, provisions for the following: Regular and special meetings, open to the public; Arecord of its proceedings, to be open for inspection by the public; Reporting to the Board of Aldermen and the public bi-annually; d. Reviewing the Comprehensive Plan annually with a full update every five years; Reviewing Master Plans and Land Use and Development Ordinances; and Required training in conformance with all laws. Sections 2.2(A) and. 2.2(B) added by Acts 2014, Board ofAldermen, Ord. 2014.09, Sec. 2.2, ef December 11, 2014. 2Page BoA Agenda Item #6F AL Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (F) DISCUSS AND CONSIDER POSSIBLE ACTION ON THE APPOINTMENT OF A PERSON TO THE VACANT POSITION ON THE PLANNING AND ZONING COMMISSION, TO INCLUDE DISCUSSION ON THE APPLICATION PROCESS. BoA Agenda Item #6G Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6. DISCUSSION AND POSSIBLE ACTION (G) DISCUSS AND CONSIDER POSSIBLE ACTION ON REQUEST FROM LEGACY CTX BOARD OF DIRECTORS THAT THE PEDESTRIAN BRIDGE BETWEEN PACE PARK AND BARROW BREWING COMPANY BE REMOVED/RETRACTED DURING THE OCTOBER 5, 2024, SIRENA FEST 2024 EVENT. From: Theresa legasyctwiegmal.com) Sent: Thursday, August 29,20241:48PM To: Manuel De La Rosa moehroaesasdougop Subject: Fwd: Sirena Fest 2024 CMB-nan2ePAhocen Bert eny-dhemye-ahaougpe CAUTION: This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!" Mr. De La Rosa, Thank you for adding our request for removal of the Barrow Bridge during the 2024 Sirena Festival to the agenda. We do request that a change be made to the agenda however, as it was not the sole request of Theresa Howard that this be done, but by our entire Legacy CTX Board of Directors. Unfortunately, neither Mrs. Howard nor Mrs Dankert will be available for that meeting for work and travel reasons. Because of that, we are providing a statement explaining our rationale for the request. We would appreciate this being read during the Board meeting, or at the very least made part of the Board packet and sent to the Alderman for review. Our organization is once again requesting the removal of the Barrow bridge from Pace Park property during the upcoming festival due to the fact that during the 2023 festival, the bridge became a source of liability. At the time of our first request, we provided the board with photos of alcohol in glass containers from Barrow that were at the festival, in addition to videos showing Barrow patrons bringing alcohol over the bridge into our event. We will attach them again for this Board to review. While we have always gone through the Village permitting process to have our alcohol approved for the event, paying for the required police presence that comes with the permit, Barrow did not have a permit that allowed for their alcohol to be in the park, nor did they provide any police presence to manage the influx of alcohol coming into our event from their establishment. Additionally, glass containers in the park is a violation of the park ordinance, and as you can see ini the photos, Barrow patrons were carrying both glass steins and standard drinking glasses. In the years since we moved the festival to Pace Park, we have not had a single call for service for an injury. However, in 2021, when the festival was still located on Barrow property, a child sliced her foot open due to a broken glass. Mayor Henry can attest to this, as he provided emergency medical services for the child. Our insurance and permit do not cover us for Barrow's alcohol, and as we have just demonstrated, glass receptacles pose a safety risk that should not be ours to contend with when supplied by another business. This year, we will not be serving alcohol during the event. This means that our insurance policy will have no coverage for alcohol and we will not be contracting with the police department to provide the security that is mandated at alcohol related events. When we last made this request, it was the previous Village Administrator's position that itwas our nonprofit's responsibility, not the Villages, to ensure that the rules and regulations were being followed in the park since we had reserved the park for the day. One must ask how we are to enforce the rules and regulations of the park? Our nonprofit is not an enforcement agency. Additionally, our request for the bridge to be removed is our attempt at ensuring the safety of our patrons and preventing unnecessary liabilities to our organization and the Village. Part of the agreement for having the festival at the park requires that we name The Village as an additional insured on our policy for the event. How can a reasonable person find it acceptable for the Village to require us to add them to our insurance policy while at the same time creating a liability for us with property that belongs to a private business? Videos can be viewed here- ttpsi/drive.google.com/drive/u//folders/10opvE3zamiXY0Enan-Howa.20ziw85 We thank you for your consideration on this matter. Warm Regards, Legacy CTX Board Members Amber Dankert Theresa Howard Michelle Lenis Linda Lopez Forwarded message From: Theresa tgaoctioemaL.com Date: Tue, May 7,2024at11:27AM Subject: Sirena Fest 2024 To: maearpinesaldotgee Cc: Good afternoon, Peryour discussion with Dr. Dankert, our organization is submitting a request that that bridge between Pace Park and Barrow Brewing Company be removed during the October 5th event. Wel have modified our event to no longer include alcohol and would therefore like to keep it off the premises during the event. This year, our insurance will noti include any coverage for alcohol and the presence of the bridge creates an unnecessary liabilityf for our organization. We appreciate your help with this matter. Warm Regards, Theresa Howard Legacy CTX Inc BoA Agenda Item #6H Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (H) DISCUSS AND CONSIDER POSSIBLE ACTION ON A REQUEST FROM COOK OFF FOR CANCER SALADO FOR A BARBECUE COOKOFF ONOR ABOUT NOVEMBER 9, 2024. Manuel De La Rosa From: Sent: To: Subject: Buddy Schwab buddy@bntre.com> Wednesday, August 28, 202411:23AM Manuel De Lal Rosa Chili Cook Off CAUTION: This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!' Greetings. ljust wanted to touch base again. At Cook Off For Cancer Salado, we do two events per year. The BBQ cook offt to raise funds for Head and Neck Cancer and we do a chili cook off int thet fall. Last year we raised funds for Breast Cancer Research and hadi iti in October. This year we were thinking about raising funds for Prostate Cancer Research and havingi iti in November. The best date to do this would be 11/9. lunderstand the Scottish Games are happening that day (not sure where). Would it be possiblet to have the Chili Cook Offi in the pavilion on1 that day? lappreciate: you. Buddy Texas Real Estate Commission: Consumer Protection Report & Information About Broker Services Buddy Schwab Mobile: 254.301.2787 Email: buddy@bntre. com 401 N. Main St. Salado, TX: 76571 www.bntre.com BT Texas Licensed Realtor 8 REAL ESTATE Phone: 254.230.4949 Your Buddyi in Real Estate! BoA Agenda Item #6I Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6. DISCUSSION AND POSSIBLE ACTION ()D DISCUSS AND CONSIDER POSSIBLE ACTION ON THE SUBLEASE AGREEMENT BETWEEN THE VILLAGE OF SALADO AND THE SALADO CHAMBER OF COMMERCE. SUBLEASE, AGREEMENT Between the Village of Salado and The Salado Chamber of Commerce This Sublease. Agreement (Agreement)! ist made and entered intoi ins accordance with the followingterms: 1.Landlord: 2. Tenant 3. Subtenant: 4.1 Premises: The Salado Museum and College Park Salado Chamber ofCommerce The Village of Salado, a' Texas General Lawl Municipality A. NameefBuilding Salado Museum and College Park B. Street Address/Suite: 423S1 Main! St. C.C City,State, Zip Code Salado, TX76571 D. Description Ofice space in the Salado Museum and College Park Building, described as Visitor center tourism office, kitchen, rest rooms, Mecting hall (scheduling required), Upstairs meeting hall, use ofone parking space $1,517.00 per month provided ini this Sublease, October 01,2023 parties. September 30, 2024 5. Base Rent: Duration: 7. EffectiveDate: 1 year (12 calendar months) unless terminated by either party as . CemmencementDate: The date upon wbich this Agreement has been executed byl both 9. Expiration Date: 10.1 Permitted Use: The Village may use thel Premises as a Visitor's Center and such other tourism: related uses as its shall deem appropriate. Sublesse afVisitor's Center- Village ofSalado and Salado Chamber ofCommerce Pagelofs 11. Clauses and Covenants A. Subtenant agrees to: 1) Sublease thel Premises for the entire Terml beginning on the Commencement Date and ending 2) Accept thel Premises int their present condition as is, thel Premises being currently suitable for 3) Allow" Tenant to continue tor use Office' "A"ofthej premises, as shown on thes attached exhibit, as office space for the Salado Chamber of Commerce offices or such other related purposes 4) Allow Landlord to enter the Premises to perform Landlord's obligations and to inspect the Premises.. Allow' Tenant to enter thel Premises to perform Tenant's obligations and toi inspect 5) Obey all laws, ordinances, orders, rules, and regulations applicable to the use, condition, and 5) Maintain the portion of the Premises utilized by Subtenant in a condition suitable for its 7) Any future improvements requested by the Subtenant to the portion oft thel Premises utilized by the Subtenant shall be at the expense oft the Subtenant and only with prior permission of 8) Maintain personal property insurance on any Village owned personal property that is placed int thel Premises andi maintain liability insurance on Village employees that may bev workingi in 9) Tot the extent allowed by) law, indemnify, defend, andl hold the Tenant hbarmless from any loss, attorney's fees, court and other costs, or claims arising out ofSubtenant's use oft thel Premises. 10) In the absence ofar renewed sublease agreement, Subtenant agrees to1 rent month-to-month at the same rate of$1,517.00 per month until the new subleasel has been executed. 11) Vacate the premises upon written termination ofthis sublease. on1 thel Expiration Date, unless earlier as provided int this lease. the Subtenant'si intended use asa Visitor's Center. as it deems necessary and appropriate. the Premises. occupancy oft thel Premises. intended use under this sublease. Tenant and Landlord. thel Premises. Sublease of Visitor's Center- Village ofSaledo ands Saiado ChamberofCommerce Page2ofs B. Subtenant agrees not to: 2) Create or permit a nuisance. 3) Cuta any trees without Tenant's approval. 4) Allow al lien tol bey placed on thel Premises. I) Uset thel Premises for any purpose other than that stated in the lease. 5) Assign this sublease or any portion oft thel Premises without Tenant's and Landlord's written consent, with the exception ofthes assignment set forth in Section 10(A)(3) oft this Agreement. Permit the use of drugs and alcohol on the Premises, unless a special event, approved by the Tenant, is conducted on thel Premises. If an approved event is conducted on the premises, alcohol shall be permitted with the appropriate permits. C.Tenant agrees to: Sublease to Subtenant the Premises for the entire Term beginning on the Commencement Date and ending on thel Expiration Date unless tenminated carlier pursuant to this Sublease. 2) As consideration for Subtenant allowing Tenant to continue use of certain portions of the Premises, Tenant's employees or volunteers will operate and keep the Visitor's Center open during its normal business hours, answer telephone calls and assist walk-in traffic from 3) Provide telephone, internet, utilities, and cleaning service as part oft the Base Rent and at no 4) Obey all laws, ordinances, orders, rules, regulations, and covenants applicable to the use, 5) Maintain thej portion ofthe Premises utilizedby Tenanti inacondition suitable fori its intended visitors, when requested by the! Subtenant. additional cost. condition, and occupancy of the Premises. use under this sublease. 6) Maintain liability insurance for its staff. 7) Ensure that the obligations int the underlying agreement between thel Landlord and Tenant are fulfilled, including but not limited to: maintenance oft the exterior oft thel building and the air conditioning and heating system, and providingi insurance ont thel building. Subleasc ofv Visilor's Center Village ofSalado and Salado Chamber ofd Commerce Page 3ofs D, Tenant and Subtenant Agree as follows: Alterations. Subtenant is prohibited from making any physical alterations to thej premises without the Landlord's and' Tenant's written consent, which Landlord and Tenant agree 2) Release of Claims-Subrogation Subtenant agrees to release Tenant from any claim, by subrogation or otherwise, for any damage to the premises, or personal property within the premises, by reason of fire or the elements, regardless of cause, including negligence of Subtenant or Tenant. This release applies only to the extent that it is permitted by law, the damage is covered byi insurance proceeds, andi thei release does not adversely affecti insurance 3) Law and Venue. This sublease shall be governed by the laws oft the State ofTexas. Venue 4) Entire Agreement. This sublease is the entire agreement oft the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this sublease or to any 5) Amendment of Sublease. This sublease may be amended only by an instrument in writing Notices. Any notice required or permitted under this sublease must bei in writing. Anyn notice requiredl by this sublease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, retum receipt requested, and addressed to the intended recipient at the address shown in this sublease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as 7) Abandoned Property. Tenant may retain, destroy, or dispose of any property left on the 8) Termination. Subtenant and Tenant, together andi individually, reserve the right to temminate this sublease without cause following (60) days written notice tot the other party. 9) Renewal. The Duration of this lease is renewable following its expiration upon written This sublease is executed and delivered effective as of the date and year first above written. shall not unreasonably be withheld. coverage. shall bet proper in Bell County, Texas. expressly mentioned in writingi in this lease. signed by Subtenant and' Tenant. provided! herein. Premises at the end of the Term. agreement ofLandlord and' Tenant. Signature. Page Follows Sublease of Visitor's Center Village ofSalado and Seledo Chember ofCommerce Page4ofs TENANT: Salado Chamber of Commerce Aeana Gt Deanna' Whitson, Chairman P.O. Box 849 Salado, TX76571 SUBTENANT: Village ofsaa Michael Coggin, Mayor R 301 N. Stagecoach Rd. Salado, TX 76571 ATTEST: By: By: Date:. orheboas Date: Rbls Date:, dhE 9/z/s Sublease ofV Visitor'sCenter- Village ofSaladoa and SaladoChamber ofCommerce Page5ofs BoA Agenda Item #6J Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (J) DISCUSS AN CONSIDER POSSIBLE ACTION ON THE LEASE AGREEMENT BETWEEN THE VILLAGE OF SALADO & PRESBYTERIAN CHURCH OF SALADO AND SALADO STORAGE, LLC. LEASE AGREEMENT Between the Village of Salado & Presbyterian Church ofSalado and Salado Storage, LLC This Lease agreement is made and entered into in accordance with the following terms: 1.L Landlord: 2. Tenant 3. Premises: Presbyterian Church of Salado and Salado Storage, LLC VILLAGE OF SALADO, TEXAS A. Name of Building: Outdoor Sculpture Garden B. Street Address/Suite: 113 Salado Plaza Drive C. City,State, Zip Code Salado, TX 76571 D. Description Thel land base consists ofa 400-foot long area from the far south end oft the seasonal creek and 50 feet to either side oft the creek toward each property owner. See diagram for property description. 4. Base Rent: 5. Duration: 6. Renewal: $1 annually 1 year (12 calendar months) This Agreement shall automatically renew for successive one-year periods unless: (a) al Party provides the other party with written notice oft the intention not to renew the Agreement 90 days prior to the end of the then-current year term; or (b) terminated as provided below. The date upon which thisl lease has been executed by both parties. 7. Effective Date: 8. - Commencement Date: November 2014 9. - Expiration Date: 10. Permitted Use: November 2015 The Premises is to be used exclusively for the purpose ofa Sculpture Garden to display artwork and sculptures approved by Tenant. Village of Salado Sculpture Garden 11. Clauses and Covenants A. Tenant agrees to: 1) Lease the Premises for the entire Term beginning on the Commencement Date and ending 2) Accept the Premises in their present condition asi is, the Premises being currently suitable for 3) Obey all laws, ordinances, orders, rules, and regulations applicable to the use, condition, and occupancy of the Premises, including the rules and regulations of the building adopted by 4) Allow Landlord to enter the Premises to perform Landlord's obligations and to inspect the 5) Maintain the Premises in a condition suitable for its intended use under this lease, including, but not limited to, removal of trash and debris, and mowing and trimming the lawn. The Tenant will maintain the property, or may negotiate a property management agreement with ont the Expiration Date, unless earlier as provided in this lease. the Tenant'sintended use. the Landlord. Premises. another entity. 6) Any future improvements to the property shall be at the expense oft the Tenant. 7) Maintain public liability insurance for the Premises and the conduct of the Tenant's business, naming Landlord as an additional insured, at the following minimum level: one million dollars ($1,000,000) 8) Maintain insurance on Tenant's] personal property. 9) Deliver Certificates of Insurance to the Landlord before the Commencement Date and 10) Indemnify, defend, and hold the Landlord harmless (to the extent allowed by law) from any loss, attomey's fees, court and other costs, or claims arising out oft the use ofthel Premises. 11)Vacate the Premises on termination of this lease, unless Landlords and Tenant for the thereafter when requested. Premises have executed at new lease. B. Tenant agrees not to: 1) Use the Premises for any purpose other than that stated in the lease. 2) Create or permit a nuisance. There will be no excessive noise in the area before I pm on Sunday. Village of Salado Sculpture Garden Page2of4 3) Cut any trees without Landlord'sa approval. 4) Allow al lien tol be placed on the Premises. 5) Assign this lease or sublease any portion of the Premises without Landlord's written 6) Permit the use of drugs and alcohol on the Premises, unless a special event, approved by the Tenant, is conducted on the Premises. If an approved event is conducted on the premises, consent. alcohol shall be permitted with the appropriate permits. C.Landlord agrees to: Lease to Tenant the Premises for the entire Term beginning on the Commencement Date 2) Obey all laws, ordinances, orders, rules, regulations, and covenants applicable to the use, 3) Consent to Tenant's subletting of all or a portion of the Premises to Keep Salado Beautiful (KSB) and Public Art League of Salado (PALS), in accordance with terms established by the Tenant and KSB and PALS, provided that any such sublease shall not relieve the Tenant and ending on the Expiration Date. condition, and occupancy ofthe Premises. ofTenant's obligations under the terms of this lease. D. Landlord and Tenant agree as follows: Alterations. Tenant is prohibited from making any physical alterations to the premises without Landlord's written consent, which Landlord agrees shall not unreasonably be 2) Release of Claims-Subrogation. Tenant agrees to release Landlord from any claim, by subrogation or otherwise, for any damage to the premises, or personal property within the premises, by reason of fire or the elements, regardless of cause, including negligence of Landlord or Tenant. This release applies only to the extent that it is permitted by law, the damage is covered by insurançe proceeds, and the release does not adversely affect 3) Default by Landlord-Tenan!'s 's Remedies. Tenant's remedies for Landlord's default are, if Landlord fails to comply with any provision of this lease within thirty (30) days of written 4) Lay and Venue. This lease shall be governed by the laws of the State of Texas. Venue withheld. insurance coverage. notice, to terminate this lease. shall be proper in Bell County, Texas. Village of Salado Sculpture Gardken Page3of4 5) Entire Agreement. This lease, together with the attached exhibits, is the entire agreement of the parties, and there are no oral representations, warranties. agrecments, or promises pertaining to this lease or to any expressly mentioned in writing in this lease. 6) Amendment of Lease. This lease may be amended only by an instrument in writing signed 7) Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided 8) Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the 9) Termination. Landlord and Tenant, together and individually, reserve the right to terminate this Lease without cause following (90) days written. notice to the other party. by Landlord and Tenant. herein. Premises at the end ofthe" Term. This lease is executed and delivered effective as ofthe date and year first above written. Landlord Landlord Salado Storage, LLC By: Zraipasl Presbyterian Church ofSalado 72 Tenant: Village OfSalado Skip Blapcett, Mayor- Besd ATTEST: Salado - - sToneroad Secretary M4 Village of Salado Sculpture Garden Page 4of4 5) Entire Agreement. This lease, together with the attached exhibits, is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to any expressly mentioned in writing in this lease. Amendment ofLease. This lease may be amended only by an instrument in writing signed 7) Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided 8) Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the 9) Termination. Landlord and Tenant, together and individually, reserve the right to terminate this Lease without cause following (90) days written notice to the other party. by Landlord and Tenant. herein. Premises at the end ofthe Term. This lease is executed and delivered effective as ofthe date and year first above written. Landlord Landlord Salado Storage, LLC By: X lysnet Presbyterian Church of Salado f ww.lk Tenant: Village Of Salado By: Skip Blancett, Mayor Staneroad Secretary E6R Ran4 Village of Salado Sculpture Garden Page4of4 INDEMNIFICATION UNDER CONTRACT This endorsement forms a part of the Declarations to which attached, effective on the inception date of the coverage unless otherwise stated herein, and modifies such coverage as is afforded by the provisions of the coverage shown below: GENERAL LIABILITY Salado 1954 10/01/2024 Member Name Member ID Effective Date Iti is agreed that coverage is provided for the liability assumed by the Fund Member to indemnify the person or organization named below under a contract between such person or organization and the Fund Member, but such coverage shall not exceed the limits of coverage set forth in the Declarations. Person or Organization; Presbyterian Church of Salado Address 105 Salado Plaza Dr City. State & Zip Code : Salado, TX76571 Description Land Lease Agreement at 105B Salado Plaza Drive Texas Municipal League ntergovernmental Risk Pool 1821 Rutheiford Lane, First Floor, Austin, Texas 78754 (512)491-2300 (800)537-6655 EL217 08/16/1999 Paye 1of2 Certificate of Coverage TML BTIMAMIRMMENTALT RISK PI. Member ID:1954 Member: Manuel De La Rosa Village Administrator Salado PO Box 219 Salado: Texas 76571-0219 Certificate Holder: Presbyterian Church of Salado 105 Salado Plazal Dr Salado, Texas 76571 Company Affording Coverage: Texas Municipal League Intergovernmental. Risk Pool PO Box 149194 Austin, Texas 78714-9194 (512)491-2300 or (800)537-6655 Fax: (512)491-2404 This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding. any requirements, terms, or conditions of any other contract or agreement with respect to which this certifiçate may be issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. General Liability Limits of Liability(Each Occurrence): Sudden Events involving Pollution(Each Occurrence): Annual Aggregate: Deductible per Occurrence: Law Enforcement Liability Limits of Liability(Each Occurrence): Annual Aggregate: Deductible per Occurrence: Errors and Omissions Liability Limits of Liabilty(Wrongtul. Act): Annual Aggregate: Deductible per Occurrence: DESCRIPTION: Effective Date: 10/01/2024 Auto Liability Anniversary Date: 10/01/2025 $2,000,000 $2,000,000 $4,000,000 $0 Effective Date: Anniversary Date: Effective Date: Anniversary Date: Limits of Liability(Each Occurrence): Deductible per Occurrence: Auto Physical Damage Limits of Liability: Collision Deductible: Comprehensive Deductible: Effective Date: Anniversary Date: Effective Date: Anniversary Date: Evidence of coverage for Land Lease Agreement at 105B Salado Plaza Drive. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative: Angela Mattress AeaauRN, Date Issued: 07/28/2024 Texas Municipal League Intergovernmental. Risk Pool 1821 Rutherford Lane, First Floor, Austin. Texas 78754 (512) 491-23001(800): 537-6655 X102 02/10/2015 INDEMNIFICATION UNDER CONTRACT This endorsement forms a part of the Declarations to which attached. effective on the inception date of the coverage unless otherwise stated herein, and modifies such coverage as is afforded by the provisions of the coverage shown below: GENERAL LIABILITY Salado 1954 10/01/2024 Member Name Member ID Effective Date Iti is agreed that coverage is provided for the liability assumed by the Fund Member to indemnify the person or organization named below under a contract between such person or organization and thel Fund Member, but such coverage shall not exceed the limits of coverage set forth ini the Declarations. Person or Organization: Salado Creekside Business /Arts Campus Address 113 Salado Plaza Dr City, State & Zip Code : Salado, TXI 76571 Description Land Lease. Agreement at 1058 Salado Plaza Drive Texas Municipal League Intergovernmental Risk Pool 1821 Rutherford Lane, First Floor, Austin, Texas 78754 (512)491-23001 (800)537-6655 EL217 08/16/1999 Page 2 of2 Certificate of Coverage TML INTTAATEMMINTAL RISK PXOL Member ID:1954 Member: Manuel De La Rosa Village Administrator Salado PO Box 219 Salado. Texas 76571-0219 Certificate Holder: 113 Salado Plazal Dr Salado, Texas 76571 Company Affording Coverage: Texas Municipal League Intergovernmental Risk Pool POI Box 149194 Austin, Texas 78714-9194 (512)491-2300 or (800) 537-6655 Fax: (512)491-2404 Salado Creekside Business / Arts Campus This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. General Liability Limits of Liability(Each Occurrence): Sudden Events involving Pollution(Each Occurrence): Annual Aggregate: Deductible per Occurrence: Law Enforcement Liability Limits of Liability(Each Occurrence): Annual Aggregate: Deductible per Occurrence: Errors and Omissions Liability Limits of Liability(Wrongtul Act): Annual Aggregate: Deductible per Occurrence: DESCRIPTION: Effective Date: 10/01/2024 Auto Liability Anniversary Date: 10/01/2025 $2,000,000 $2,000,000 $4,000,000 $0 Effective Date: Anniversary Date: Effective Date: Anniversary Date: Limits of Liability(Each Occurrence): Deductible per Occurrence: Auto Physical Damage Limits of Liability: Collision Deductible: Comprehensive Deductible: Effective Date: Anniversary Date: Effective Date: Anniversary Date: Evidence of coverage for Land Lease Agreement at 105B Salado Plaza Drive. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative: Angela Mattress AetauRoJs Date Issued: 07/28/2024 Texas Municipal league Intergovernmental. Risk Poo! 1821 Rutherford Lane, First Floor, Austin, Texas 78754 (512)4 491.300/1800.537.8855 X102 02/10/2015 Fine Arts Schedule TML WITRANIRMINTAL RISK POXOL Member Name: Member ID: Coverage Period. Salado 1954 10/01/2024 to 10/01/2025 Shown As of 07/28/2024 The contribution calculated for Real and Personal Property includes the applicable contribution for Fine Arts as shown on the following schedule of reported values. Any changes or corrections may require adjustment to the contribution. In the event of loss, the valuation basis will be the cost to repair or replace or the scheduled value, whichever is less. ID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Address or Site Salado, TX Salado, TX Salado. TX Salado, TX Salado, TX Salado, TX Salado, TX 9: Main St (at Tourism Office), Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Description of Property Value $6,000 $500 $4,500 $7,750 $2,000 $2,000 $3,000 $30,000 $3,000 $500 $3,800 $3,000 $5,000 $25,000 $5,000 $15,000 $8,500 Deductible $250 $250 $250 $250) $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 5:113 Salado Plaza Dr, Jim Lapaso "Starburst" 5:113 Salado Plaza Dr, Lee Croft "Circle Around" 5:113 Salado Plaza Dr, Johnny Shipman "Liberty" 5:113 Salado Plaza Dr, Marvin the Moose Sculpture by 5:113 Salado Plaza Dr, Shelly Haggerton/Bob Ragan "Oak 5:113 Salado Plaza Dr, Shelly Haggerton/Bob Ragan "Rose 3:1 105B Salado Plaza Dr, Richard Mocco' "Self Portrait" 2:1SN Main St, Salado, TX Troy Kelly "Sirena" Johnny Shipman Leaf Carving" Stone Carving" Jill Shipman Monkey Business" 5:113 Salado Plaza Dr, Lee Groft Pick-Up Sticks" 6:2 N Main St, Salado, TX Richard Morro "Cactus Flowers" 5:113 Salado Plazal Dr, Arron Gist "Fountain of Love" 5:113 Salado Plaza Dr, Lauren Selden "Willie" 5:113 Salado Plaza Dr, Late Again Sculpture by Troy Kelley 5:113 Salado Plaza Dr, Lauren Selden "Charlie" 5:113 Salado Plaza Dr, Robbie Barber "Baby Carriage" 5:113 Salado Plaza Dr, Jeffery Brewer "Fallen" (Metal) Texas Municipal League Intergovernmental Risk Pool 1821 Rutherford Lane, First Floor. Austin, Texas 78754 512)491-2300/1800, 537-6655 P203 08/01/2023 Page 1of2 Fine Arts Schedule TML IHANIEINEV RAKAXIL Member Name: Member ID: Coverage Period: ID 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Salado 1954 10/01/2024 to 10/01/2025 Shown As of 07/28/2024 Address or Site Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Salado, TX Description of Property Value $40,000 $500 $500 $7,500 $500 $5,000 $500 $7,500 $10,000 $15,000 $4,400 $8,000 $3,500 $9,500 $1,800 $238,750 Deductible $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 5:113 Salado Plaza Dr, Troy Kelly' "QR Code" 5:113 Salado Plaza Dr, Lee Croft "Mother and Child" 5:113 Salado Plaza Dr, Lee Croft "Ring of Life" 5:113 Salado Plaza Dr, Jim Adams "Steel Circles" 5:113 Salado Plaza Dr, Lee Croft "Old Dinner Bell" 5:113 Salado Plaza Dr, Handicapped Mask Sculpture 5:113 Salado Plaza Dr, Lee Croft "Squared" 5:113 Salado Plaza Dr, Bill Raney "Father Time" 5:113 Salado Plaza Dr, Joe Barrington "Sock Monkey" 5:113 Salado Plaza Dr, Troy Kelley' "Stealing the Fire" 2:1 SI Main St, Salado, TX Troy Kelley" "Magical Catfish" 4:113 Salado Plaza Dr, Joe Barrington "Crow" 5:113 Salado Plaza Dr, Mike Cornett "Crown Tickseed" 8:50 S Main St, Salado, TX Joe Barrington "Self Made Man" 7:3 N Main St, Salado, TX Bobby Peiser "Iris" Coverage: Fine Arts Total Items: 32 Texas Municipal League intergovernmental Risk Pool 1821 Rutherford Lane, First Floor, Austin, Texas 78754 (512) 4912390/0800.537.655 P203 08/01/2023 Page 20 of2 BoA Agenda Item #6K Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (K) DISCUSS AND CONSIDER POSSIBLE ACTION ON PROVIDING PROPERTY AND/OR LIABLITY INSURANCE ON BUILDING STRUCTURES LOCATED ON THE EASTERN SIDE OF THE SALADO CIVIC CENTER, 601 N. MAIN STREET, BELONGING TO, OR IN THE CARE OF, THE SALADO HISTORICAL SOCIETY. Fwd: Salado Historical Society Requests Beverly Turnbo batumbo@aol.com> To:Manuel De Lal Rosa mdearoisesaiadotgove Mon 8/12/2024 5:08PM CAUTION: 'This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is Manny, has the BOA made a decision about insuring all the historic sites in the Salado Historical Par (see previous e-mails)? Also, does the insurance carrier or the BOA want to appoint someone to sit on the Historical Society Board? We have been holding a position on the board awaiting this decision as safe!" well. Thanks sO much for your help ini this matter. Blessings, Bev Turnbo Begin forwarded message: From: Beverly Turnbo Datumbo@ao.com> Subject: Fwd: Salado Historical Society Requests Date: June 6, 2024 at 1:26:03 PMCDT To: Bill Kinnison pkinnison@embarqmai.com> Yippee! d Sent from my iPad Begin forwarded message: From: Manuel De La Rosa moearoscsaatongop Date: June 6, 2024at1:0223PMCDT To: Beverly Turnbo Cc: Bill Kinnison , Debra Bean dpeanesala0b.gov> Subject: RE: Salado Historical Society Requests Hello Ms. Turnbo, lam in receipt of your email correspondence. Iwill forward to the Board of Aldermen and get you a response to your questions. Have a great day! Sincerely, Manny De La Rosa From: Beverly Turnbo Sent: Wednesday, June! 5, 20247:04PM To: Manuel De Lal Rosa moearoiesanougop Cc: Bill Kinnison bkinnison@embargmail.com> Subject: Salado Historical Society Requests CAUTION: This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!" Manny, at our monthly meeting on June 3, 2024, the Salado Historical Society (SHS) board voted to name the "park" located behind the Civic Center as the "Salado Historical Park." The log cabins and cemetery are currently covered by the Village insurance. Now that the 1908 Church has been moved to the site, it will be an integral part of the Park, along with the log cabins and historic cemetery. The SHS board asks that the 1908 Church be added to the Village's Two signs will be erected to reflect the new name (see below). Over the last several months, we have been opening the log cabins and cemetery during the day and have kept a log of visitors, which helps promote tourism in Salado. Once we complete renovations ont the 1908 Church, it, too, will be available for use by the community. We plan to ask for donations for the use oft the building Work will begin ini the near future on renovating the exterior and interior of the 1908 Church. Our contractor, Eric Rendon, will be applying for al building permit as soon as he finishes his current job. Iwill keep you informed as to when we anticipate work will begin. We also plan to name the building in memory of Wilbur and Jessie Foster. The Foster family foundation has generously given us a significant amount of money to move and restore the building and the We would appreciate it if you can address two issues with the BOAand insurance policy. to help with the upkeep oft the building and Park. Board wants to honor the Foster family. insurance company: 1. Will insurance coverage continue for the park, including adding coverage for the 1908 Church as well? Naming the park and making it available on a daily basis fori the community should make it easier to resolve the insurance 2. In the past, someone representing the board of alderman has been a member oft the board of the SHS and is responsible for memorials donated to SHS. Does the BOA and/or the insurance company want to continue being represented on our Board? If so, we ask that someone be appointed as soon as possible. For someone to be on the SHS board, they must also be a current The SHS Board would appreciate iti if these two questions could be addressed inv writing in the near future so that we may continue working to make the question. member of (orj join) the Salado Historical Society. Salado Historical Park a vibrant part of the community. Blessings, Bev Turnbo, SHS Vice-President Salado Historical Park Outside is Open Daily Dawn to Dusk MAINTAINEDBY saladohistoricalsociety.com Salado Historical Park Outside is Open! Daily Dawn to Dusk MAINTAINEDBY saladohistoricalsociety.com: Sent from my iPad Village Salado July 14, 2021 Mr. Bill Kinnison President Salado Historica! Society P.O. Box 251 Salado, TX 76571 Dear Mr. Kinnison: lam writing this letter to advise you that the Salado Board of Aldermen voted on June 3, 2021, to add the Salado Historical Society Cabins tot the Village of Salado's Our insurance carrier was notified of the action and has added the cabins to the As you are aware, our insurance carrier requires the Village to have a representative on the Historical Society Board of Directors for coverage to be provided. Mayor Michael Coggin will serve as the Village's representative on the General Liability Insurance Policy. Village's liability insurance coverage. Board of Directors. Please feel free to contact me in the event you have any questions. Sincerel h Don Village Administrator AETORICA RO.Box251 Salado,Tela876571 P.O.Box:2 251 kian SALADO,TEXAS: 76571 (254) 541-4130 February 15, 2021 Dear Mayor Michael Coggins, As President of the Salado Historical Society, la am writing to see if the historic log cabins we maintain behind the SISD building can be added to the Village's liability insurance. This item was brought before the. Aldermen on July 2, 2020, and. July 16, 2020. Both times Don Ferguson requested the item be "continued until the Board's next regular meeting". There has been no mention ofthis item since the July 16 meeting. We have inquired into the status of this item several times and have not received an answer. Your attention to this matter is requested. The three log cabins are part of our organizational goals of promoting and preserving the history of Salado for the Village and its visitors. They are restored and furnished to represent life in the early frontier days of Salado. The log cabins are toured throughout the year by visitors when opened on special occasions. Salado Historical Society is aware that the PALS Sculpture Garden is under the Village liability insurance policy. The Salado Historical Society is as 501c3 non-profit organization the same as PALS. Plcase clarify to us why one organization is included in the Village's liability insurance policy and another is not. Also, will this item be placed on the agenda again for discussion and possible action? Sincerely, Bde l Bill Kinnison, President Salado Historical Society CE:: Mayor Pro-tem Rodney Bell Alderman John Cole Alderman Paul Cox Alderman Amber Dankert Alderman Jason Howard BoA Agenda Item #6L Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6. DISCUSSION AND POSSIBLE ACTION (L) DISCUSS AND CONSIDER POSSIBLE ACTION ON APPROVING ORDINANCE NUMBER 2024-19, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, REGULATING WATER AND SEWER LINE EXTENSIONS, AND PROVIDING FINDINGS OF FACT; EFFECTIVE DATE; REPEALER; SEVERABILITY CLAUSE; AND PROPER NOTICE AND MEETING. Ordinance No. 2024-19 Village of Salado County of Bell September 5,2024 ORDINANCE NO. 2024-19 AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, REGULATING WATER AND SEWER LINE EXTENSIONS, AND PROVIDING FINDINGS OF FACT; EFFECTIVE DATE; REPEALER; SEVERABILITY CLAUSE; AND PROPER NOTICE AND MEETING. WHEREAS, the Village of Salado, Texas (the "Village")i is a general lawi municipality in the state WHEREAS, The Board of Aldermen (the "Board")ofd the Village finds that the efficient operation and maintenance of the Village's utility systems are essential to the general health, safety, and WHEREAS, The Board finds that developers and other entities may decide to develop properties which require extensions ofu utility lines, which can be cost prohibitive to the Village; and WHEREAS, The Board hereby adopts this the utility extension ordinance to address the cost of NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE ofTexas; and welfare oft the citizens as well as the orderly growth of the Village; and such utility line extensions. VILLAGE OF SALADO, TEXAS: SECTIONI. ENACTMENT PROVISIONS A. Findings of Fact: All of the above premises are hereby found to be true and correct legislative and factual findings of the Village of Salado and are hereby approved and incorporated into the body oft this ordinance as ifcopied in their entirety. B. Popular Name: This Ordinance shall be commonly referred to as "The Utility Line C. Scope: This Ordinance, and the rules and regulations adopted herein, shall apply generally D. Effective Date: This Ordinance shall take effect immediately upon passage and Extension Ordinance." within the Village limits. publication. SECTIONII. ADOPTION Ordinance No. 2024-19 is hereby adopted as follows: SECTION 1: Payment: pro rata reimbursement for connection to existing Village utility (a) Any person who develops or subdivides any tract of land located within the Village or within the Vilage'sextrateritonrial jurisdiction, unless a variance or exception has been granted, shall be line. required to: (1)Install and/or extend, at his/her sole expense, all main and lateral water and/or sanitary sewer lines required under Village ordinances to connect the subdivided/developed property to the nearest available Village utility main line, subject to the Village's approval of the design and contractor; and lines; and/or (2) comply fully with the Village's subdivision ordinance regarding construction of said (2) Reimburse, in accordance with the provisions of this ordinance, any holder of a certificate of reimbursement and/or the Village, a pro rata share of the cost before being able to connect to any existing utility line, subject to a certificate of reimbursement, ift the person did not pay for the installation or extension of the existing utility line to which connection is being made. (b) Provided, however, that (1)ift the Village requires that any part of a utility line that is to be installed at the subdivider'sandor developer's cost be ofa diameter larger than necessary to serve the tract ofl land being subdivided and/or developed; and/or (2) ift the Village requires that the line be installed or extended in a manner that will increase the cost to the developer'subdivider, the Village may, but is not required to, pay for the excess cost as soon as funds can be made available (c) The sizes and type of the facilities proposed to be extended shall be determined by the Village and shall be in conformance with Village's subdivision regulations, any comprehensive plan and utility infrastructure master plans, and the city's standards and specifications. This provision applies to all applicants regardless whether they subdivide their property ornot. (d) In no event will the city be required to make extensions to or to connect individuals, non- developers, or developers to the utility system ift there is no capacity in the utility plant to provide the service. The Village may enter into a utility improvement agreement with an applicant for the (e)In no event will the city be required to make extensions to or participate in the cost of improvements under the provisions of this chapter if there are no funds available, or if, at the discretion ofthe Village, the extension ori improvement is not practical, or otherwise warranted, or or be appropriated. expansion oft the utility plant. is for an unreasonable consumer use. (f) All utility facilities are owned and operated by the Village. Any extensions of the Village's utility facilities made by an applicant or developer, pursuant to a utility improvement agreement, (g) Where recorded public utility easements in favor ofthe Village do not exist on the property of an individual, non-developer, or developer who is requesting utility service from the Village, the individual, non-developer, or developer shall grant to the Village a permanent recorded public utility easement for poles, wires, conduits, drainage channels, storm sewers, sanitary sewer utilities, water lines, gas lines, or other utilities to the Village. Ifthe applicant is required to extend service, the applicant shall obtain all necessary public utility easements in favor of and dedicated to the Village for the location ofall off-site facilities required to provide service to the applicant. The easements shall be at least ten feet wide; however, ift the Village determines a greater width is necessary, the Village may require a maximum width of up to 30 feet. The easements required by this Ordinance shall extend along all roadway frontages oft the property and shall parallel as closely as possible the street line frontage. Failure to grant the required easements shall result in the denial (h) The Village Administrator may require a person requesting service to obtain more than one service connection and meter ift the service address has more than one building or structure that will be connected to the system and the buildings or structures are separately metered for water after inspection and açceptance by the Village, shall be owned by the Village. ofservice. service. SECTION 2: Reimbursement by owners of unsubdividedlumphated homesteads. Any person who owns a1 tract ofl land that is unsubdivided or unplatted on the effective date ofthis Ordinancei that is not greater than five (5) acres, can construct one single-family dwelling and may connect the tract ofland to any water or sanitary sewer main installed or extended by the Village, if the person claims the land as a homestead. Before being able to connect to the Village's main utility line, the person shall have to (1) reimburse the Village in accordance with the pro rata reimbursement formula set forth herein, or pay $2,500.00, whichever is less; or (2) pay nothing if the owner oft the land signs an irrevocable agreement to have the subject tract ofl land annexed into the Village limits if the land is outside the Village limits and waives the right to preparation ofa service plan; provided, however that the land can be legally annexed; and (3) pay any applicable permit and/or tap fees. The connection shall be a single connection to serve only the single-family dwelling on the land. Further, the use ofa any septic tank on the tract ofl land shall be discontinued. Ifthe tract ofl land is subsequently subdivided and platted, the person subdividing the land shall be required to reimburse the Village in accordance with the reimbursement formula set forth herein or $2,500.00 per lot, whichever is greater. SECTION 3: Reimbursement by owners of commercial lots, mobile home parks, and multifamily dwelling structures in the Village's extraterritorial jurisdiction. (a)Any person who owns a tract of land that is unsubdivided or unplatted and lying in the city's extraterritorial jurisdiction ("ETJ") on the effective date of this Ordinance, and which tract contains commercial lots, mobile home parks, or multifamily dwelling structures, may connect the tract of land to any water or sanitary sewer main installed or extended by the Village to provide (b) Before being able to connect to the Village's main utility line, the person shall have to (1) reimburse the Village for 100% share of the cost of the mainline, lift stations, force mains, and main service lines to the property, in accordance with the pro rata reimbursement formula set forth herein; or (2) reimburse the Village for 50% share of the cost of the mainline, lift stations, force mains, and main service lines to the property, in accordance with the pro rata reimbursement formula set forth herein, ifthe ownerofthe land signs an irrevocable agreement to have the subject tract ofl land annexed into the Village limits ift the land is outside the Village limits and waives the right to preparation ofa a service plan; provided, however that the land can be legally annexed; and (3) pay any applicable permit and/or tap fees. Further, the use of any septic tank on the tract of service to each lot or unit. land shall be discontinued following connection to the Village'sl line. SECTION 4: Certificate of Reimbursement (a) Whenever any person pays for the installation or extension of any main utility lines, the Village shall issue the person a certificate of reimbursement which entitles the person to receive a reimbursement ofa pro rata share of the cost of the installation or extension, in (b) The certificate ofr reimbursement shall be signed by the Village Administrator or his or her designee. Such certificate shall set forth the reimbursement ofthe pro rata share oft the costs to be paid by any person who, in the future, connects any tract ofland to such utility line. (c) Such certificate shall be issued to the developer or subdivider and shall not run with the land but be the property of the subdivider or developer that paid for the (d) The reimbursement certificate may be assigned, transferred, or sold, and shall have no (e) The Village shall have no obligation to seek reimbursement on behalf of the certificate holder. Whenever the Village pays for the installation or extension ofany main utility lines, the Village retains the right to seek reimbursement under the provisions ofthis Ordinance. accordance with the reimbursement provisions in this Ordinance. installation/extension oft the utility lines. expiration date. SECTION5 5: Pro rata line extension reimbursement (a) Unless otherwise specified in an agreement between the applicant and the Village, the total costs ofe extending the utility facilities to and across the applicant's property shall be borne solely by the applicant, with the following exceptions: (1) Upon approval and acceptance of the system by the Village, the Village may elect to (2) The Village may also pay to the applicant by agreement pro rata charges as received from subsequent applicants who desire to connect to the facilities, with the total payment not to exceed the amount of the original applicant" 's cost of off-site improvements, less the applicant's pro rata share. The pro rata agreement shall describe when and how payments ofthe collected pro rata charges are dispersed to the applicant. The maximum period of time for the pro rata reimbursement to the applicant for the off-site improvements shall not exceed ten years. The applicant shall have no claim against the Village for any expenses not reimbursed and any pro rata (b) In the event the Village and an applicant execute a pro: rata reimbursement agreement, pro rata charges shall be collected at the time ofapplication for utility service. participate in the cost to oversize the facilities. charges not received within ten years, nor any fees received after ten years. SECTION III. SAVINGS CLAUSE The repeal of any ordinance or part of ordinances effectuated by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue ofsuch ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the Village under any section or provisions of any ordinances at the time of passage of this ordinance. SECTION IV. SEVERABILITY CLAUSE Ifany provision, section, sentence, clause or phrase ofthis Ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or unenforceable, the validity oft the remaining portions oft this Ordinance ori its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Board of Aldermen of the Village of Salado in adopting, and of the Mayor in approving this Ordinance, that no portion thereof or provision or regulation contained herein shall be come inoperative or fail by reason of fany unconstitutionality or invalidity of any portion, provision or regulation. SECTION V. REPEALER CLAUSE The provisions of this ordinance shall be cumulative of all other ordinances or parts of ordinançes governing or regulating the same subject matter as that covered herein, provided, however, that all prior ordinances or parts ofordinances inconsistent or in conflict with any ofthe provisions of this ordinance are hereby expressly repealed to the extent that such inconsistency is apparent. This Ordinance shall not be construed to require or allow any act which is prohibited by any other Ordinance. SECTION VI. EFFECTIVE DATE This Ordinance shall take effect immediately from and after its passage and publication as may be required by governing law. SECTION VII. NOTICE AND MEETING CLAUSE Iti is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice ofthe time, place, and purpose ofsaid meeting was given as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. SECTION VIII. PUBLICATION This Ordinance shall become effective immediately upon the date of its publication as required by Section 52.01lofthe' Texas Local Government Code. The Village Secretary is hereby directed to cause the caption of this Ordinance to be published in the manner required by law. PASSED AND APPROVED on SECOND READING this, the vote of the Board of Aldermen of the Village of Salado, Texas. day of abstentions 2024, by a vote of (ayes) to (nays) and Bert Henry, Mayor ATTEST: Debbie Bean, Village Secretary Approved to Form: Josh Katz, Village Attorney BoA Agenda Item #6M Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 6.D DISCUSSION AND POSSIBLE ACTION (M) DISCUSS AND CONSIDER POSSIBLE ACTION ON APPROVING ORDINANCE NUMBER 2024-20, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, AMENDING ORDINANCE NO. 2002.20; AMENDING THE SIGN APPLICATION FEE, AND PROVIDING FINDINGS OF FACT; EFFECTIVE DATE; REPEALER; SEVERABILITY CLAUSE; AND PROPER NOTICE AND MEETING. Ordinance No. 2024-20 Village of Salado County of Bell September 5, 2024 ORDINANCE NO. 2024-20 AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, AMENDING ORDINANCE NO. 2002.20; AMENDING THE SIGN APPLICATION FEE, AND PROVIDING FINDINGS OF FACT; EFFECTIVE DATE; REPEALER; SEVERABILITY CLAUSE; AND PROPER NOTICE AND MEETING. WHEREAS, the Village ofSalado, Texas (the "Village")isag general lawi municipality in the state WHEREAS, pursuant to Texas Local Government Code $ 51.012, the Board of Aldermen (the "Board") of the Village of Salado, Texas (the "Village") is authorized by law to adopt an ordinance, not inconsistent with state law, that it considers necessary for the government, interest, WHEREAS, the Board enacted Ordinance No. 2002.20, which provides for filing application fees WHEREAS, the Board has determined that it is in the best interest of the citizens oft the Village NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE ofTexas; and welfare, or good order of the Village as a body politic; and pursuant to the Village's Sign Ordinance; and toa amend Ordinance 2002.20 as follows. VILLAGE OF SALADO, TEXAS: SECTIONI. ENACTMENT PROVISIONS A. Findings of Fact: All of the above premises are hereby found to be true and correct legislative and factual findings of the Village of Salado and are hereby approved and incorporated into the body ofthis ordinance as ifc copied ini their entirety. B. Popular Name: This Ordinance shall be commonly referred to as "The Sign Application . Scope: This Ordinance, and the rules and regulations adopted herein, shall apply generally D. Effective Date: This Ordinance shall take effect immediately upon passage and Fee Ordinance" within the Village limits. publication. SECTIONII. ADOPTION Ordinance No. 2024-20 is hereby adopted as follows: Section 1. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as ifexpressly set forth herein. Section 2. Ordinance No. 2002.20 is amended as follows: 1. The fee for filing applications for a sign permit under the Village's Sign Ordinance (Ordinance No. 2018-10) is hereby set at $200.00, which includes fees associated with structural and/or electrical inspection and review. 2. The fee for re-inspection of signs is a separate fee of$95.00. SECTION III. SAVINGS CLAUSE The repeal of any ordinance or part of ordinances effectuated by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue ofs such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the Village under any section or provisions of any ordinances at the time of passage oft this ordinance. SECTION IV. SEVERABILITY CLAUSE Ifany provision, section, sentence, clause or phrase oft this Ordinance, or the application of the same to any person or set of circumstances is for any reason held tol be unconstitutional, void, invalid, or unenforceable, the validity oft the remaining portions ofthis Ordinance ori its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Board of Aldermen of the Village of Salado in adopting, and of the Mayor in approving this Ordinance, that no portion thereof or provision or regulation contained herein shall be come inoperative or fail by reason of any unconstitutionality or invalidity of any portion, provision or regulation. SECTION V. REPEALER CLAUSE The provisions of this ordinance shall be cumulative of all other ordinances or parts of ordinances governing or regulating the same subject matter as that covered herein, provided, however, that all prior ordinances or parts ofordinances inconsistent or in conflict with any oft the provisions of this ordinance are hereby expressly repealed to the extent that such inconsistency is apparent. This Ordinance shall not be construed to require or allow any act which is prohibited by any other Ordinance. SECTION VI. EFFECTIVE DATE This Ordinance shall take effect immediately from and afteri its passage and publication as may be required by governing law. SECTION VII. NOTICE AND MEETING CLAUSE Iti is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice oft the time, place, and purpose ofs said meeting was given as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. SECTION VIII. PUBLICATION This Ordinance shall become effective immediately upon the date of its publication as required by Section 52.011 ofthe Texas Local Government Code. The Village Secretary is hereby directed to cause the caption oft this Ordinance to be published in the manner required by law. PASSED AND APPROVED this, the (ayes) to Village of Salado, Texas. day of 2024, by a vote of (nays) and abstentions vote of the Board of Aldermen of the Bert Henry, Mayor ATTEST: Debbie Bean, Village Secretary Approved to Form: Josh Katz, Village Attorney BoA Agenda Items 7A, 8A, and 8B Date Submitted: Agenda Date Requested: August 30, 2024 Agenda Item: ITEMS EXECUTIVE SESSION AND AFTER-ACTION Project/Proposal Summary: 7.E EXECUTIVE SESSON (A)CONVENE INTO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE SECTIONS 551.072 AND 551.073 REGARDING THE PROPOSED MUSTANG SPRINGS PUBLIC MPROVEMENT DISTRICT. 8. DISCUSSION AND POSSIBLE ACTION ON ITEMS FROM EXECUTIVE SESSION (A)DISCUSS AND CONSIDER POSSIBLE ACTION ON A RESOLUTION ACCEPTING A PETITION FOR THE CREATION OF THE MUSTANG SPRINGS PUBLIC MPROVEMENT DISTRICT AND CALLING FOR AP PUBLIC HEARING. (B) DISCUSS AND CONSIDER POSSIBLE ACTION ON AUTHORIZING AND NEGOTIATING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR THE MUSTANG SPRINGS PUBLIC MPROVEMENT DISTRICT. Note: Items 8A and 8B will have documents attached later.