VII. REGULAR AGENDA    Agenda Section Regular Agenda Section Number VIL.A. Subject To From Date Attachment(s) Documents  Murphy's Crossing Phase III, Lot7(1811 Harvard Blvd.- Concept  Plan Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:/www. farersyllekx.comlgovernmenlagendas and minutes/cit Consideration Please be advised P&Z recommended approval of the Concept Plan.  ycouncil meetings. php  and Discussion Action  Motion/secondiote D Approve L Approve with Updates D Disapprove Motion/secondlvote to continue to a later date. DA Approve D Disapprove Move item to another agenda. No motion, no action    DUNAWAY  August 22,2024 Mr. Ben White, P.E. City of Farmersville 205S. Main St. Farmersville, Texas 75442 RE: Lot7,Murphy's Crossing Phase IlI- Concept Plan Dated August 2024 Mr. White:  The aforementioned project has been submitted for approval by the City of Farmersville. The purpose of the development is to create a multipurpose Office/warehouse building within the commercially zoned area. It will consist of 14 individual office and garage units on one of the existing lots within Murphys Crossing. The properlylslocated; justr north of the The Lot 7, Murphy's Crossing Phase III Concept Plan has been reviewed according to the Farmersville City Ordinances and is  existing Shell gas station.  recommended for approval. Please contact me if youl have any questions.  Sincerely, nRy Jacob Dupuis, PE Senior Discipline Lead  dunaway.com    MAP  LEGEND:  0  NOTES BYS SYMBOL: )  FLE  NOTES:  GRAPHIC SCALE IN FEET CONCEPT PLAN LOTZ,MURPHYS CROSSING PHASEII  C-2.0    Agenda Section Regular Agenda Section Number VI.B. Subject To From Date Attachment(s) Documents  Farmersville Market Center II (McDonalds) Final Plat Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) Mtp.hma.famerwleicancomsosempenlasendas: and minutes/cit Consideration Please be advised P&Z recommended approval oft the Final Plat.  y council meetings.php  and Discussion Action  Motion/secondivote D Approve I Approve with Updates D Disapprove Motion/secondivote to continue toal later date. DA Approve Disapprove Move item to another agenda. No motion, no action    DUNAWAY  August 22, 2024 Mr. Ben White, P.E. City ofF Farmersville 205S. Main St. Farmersville, Texas 75442 RE: Lot 3R Market Street (McDonalds) - Final Plat Dated August 2024 Mr. White:  The aforementioned project has been submitted for approval by the City of Farmersville. A Site Plan was approved by the Planning and Zoning Commission on May 20, 2024, and by City Council on May 28, 2024. A pre-construction meeting was held on July 17, 2024. Public infrastructure improvements (water, sewer, fire lanes) are expected to be The Lot 3R Market Street (McDonalds) Final Plat has been reviewed according to the Farmersville City Ordinances and is recommended for  complete by the end of August.  approval.  Please contact me if you have any questions.  Sincerely, PsRy Jacob Dupuis, PE Senior Discipline Lead  dunaway.com    LE ROETIOCATIONMAP SCALE  LANGAN  FINALPLAT  01    Agenda Section Regular Agenda Section Number VI.C. Subject To From Date Attachment(s) Documents  Drakes Den Addition (Dominio's) - Final Plat Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) Mtphmglamerwikikcanspemmenlasenins and minutes/cit Consideration Please be advised P&Z recommended approval for the Final Plat and Discussion with the contingency that their CO (Certificate of Occupancy) will be  ycouncil meetings. php  withheld by the City, conditioned upon specified road repairs outlined  during inspection. Motion/secondiote D Approve Approve with Updates D Disapprove Motion/secondlvote to continue to al later date. D Approve D Disapprove Move item to another agenda. No motion, no action  Action    DUNAWAY  August 22, 2024 Mr. Ben White, P.E. City of Farmersville 205S. Main St. Farmersville, Texas 75442 RE: Drake's Den Addition (Dominos) - Final Plat Dated August 2024 Mr. White:  The aforementioned project has been submitted for approval by the City of Farmersville. A Preliminary Plat was approved by the Planning and Zoning Commission on October 17,2023, and by City Council on October A pre-construction meeting was held on March 21, 2024. Public infrastructure improvements (water, sewer, fire lanes) are completed anda final walkthrough is expected tol be held by the end of August. The Drake's Den Addition (Dominos) Final Plat has been reviewed according to the Farmersville Cily Ordinances and is recommended for  24,2023.  approval.  Please contact mei if you have any questions.  Sincerely, PRy Jacob Dupuis, PE Senior Discipline Lead  dunaway. .com    US HIGHWAY NO. 380 AKA AUDIE MURPHY 120 R.O.W.)  233345 soEE das 1 5BL  R-5789.65 D-21131- .221.48" EASEMENT  EONISE POINT  -LOCUST STREET (40' R.O.W.)  Toble Direclion Length 24.19 7.37 Ls NB49'31W 16.36" N562942W. L4 50225227 77.15' 4.24 15 5871254W/2400 N723612E. 7.56' L6 N022522W77.30 N2129'33W 10.00' Br47I2/NSTSSIEN. 13.09" N782313W 58720'287 NO04315W L12 NB71106E 16.96' Ls NOZ48'S4W 1.50' LA NB71106E  FINAL_PLAT DRAKE'S DEN 0.861 ACRES OF D.J. JAYNES SURVEY, ABST CITY OF FARMERS COLLIN COUNTY, CARROLL CONSULTING 6, TX 75173 (972) TBPELS TEXAS FIRM 1"-30"  GRAPHIC SCALE  SD)    Agenda Section Regular Agenda Section Number VII.D. Subject To From Date Attachment(s) Documents  Lakehaven Phase 4- Final Plat Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) ntp/www.larmersylerxcomgovernmenlagendas, and minutes/cit Consideration Please be advised P&Z recommended approval for the Final Plat.  yo council meetings.php  and Discussion Action  Mation/secondivote D Approve Approve with Updates D Disapprove Motion/secondivote to continue toal later date. D Approve Disapprove Move item to another agenda. No motion, no action    DUNAWAY  August 22, 2024 Mr. Ben White, P.E. City of Farmersville 205S. Main St. Farmersville, Texas 75442 RE: Lakehaven Phase 4- Final Plat Dated August 2024 Mr. White:  The aforementioned project has been submitted for approval by the City of Farmersville. A Concept Plan and Preliminary Plat for all phases of Lakehaven were approved by the Planning and Zoning Commission on May 17,2021, and by City Council on May 25, 2021. A pre-construction meeting was held on September 7, 2023. A final walkthrough for public infrastructure was held on August 9, 2024. The Lakehaven Phase 4 Final Plat has been reviewed according to the Farmersville City Ordinances and isr recommended for approval. Please contact me ify you have any questions.  Sincerely, Jacob fasRy Dupuis, PE Senior Discipline Lead  dunaway.com    MAP INDEX  FINAL PLAT LAKEHAVEN. PHASE 4 262F RESIDENTIAL LOTS, 9OPEN SPACE" "X"LOTS, ANDI DEDICATION 68.1 107 ACRES ELIJAHB. 739 Kimley>>Horn FEE Checkedty  PelciNa  FPATCSES    VICINIT MAP INDEX  VOLUME  BRAZOSD  FINAL PLAT LAKEHAVEN. PHASE 4 262F RESIDENTIALI LOTS, 9OPENS "X"LOTS, ANDF DEDICATION 68.107A ACRES ELIJAHB. ABSTRAC NO. 739 KimleyHorn F-cD rawnby Cheardt  064537  FEATDN    INDEX    FINAL PLAT LAKEHAVEN PHASE4 262F RESIDENTIALI LOTS, 9OPEN SPACEX"LOTS, AND RIGHT-C OF-WAY DEDICATION 68.107 ACRES ELIJAHB. REEDS SURVEY. ABSTRACT TNO. 739 TEXAS ETJ KimleyHorn MEATR Fata oMe ALPDI    INDEX  SHEET3  EENSEA  FINAL PLAT LAKEHAVEN PHASE 4 262 RESIDENTIALLOTS, 9OPEN SPACE" "X"LOTS, ANDI RIGHT-OF-WAY DEDICATION 68.107 ACRES ELIJAHB. REEDSURVEY ABSTRACT 739 LLINCOUNTY, TEXAS KimleyHorn uer DWPIMEN AUELE  NDTAZIAARS    LOTA AREAT TABLE -BLKAD LOTAREAT TABLE -BLKAD LOT AREA TABLE -BLKAD LOTA AREA TABLE -BLKAE LOT AREAT TABLE -BLKAF LOTAREAT TABLE- BLKAG LOT AREAT TABLE- -BLKAH LOT AREA TABLE -BLKAI LOTA AREA TABLE BLKAJ LOTA AREA TABLE -BLKAK LOTA AREA TABLE -BLKAL LOTNO. ACRES SQ.FT. LOTNO. ACRES SQ.FT. LOTNO. ACRES SQ.FT. LOTNO, ACRES SQ,FT. LOTNO. ACRES SQ,FT. LOTNO. ACRES SQFT. LOTNO. ACRES SQ.FT. LOTNO. ACRES SQFT LOTNO. ACRES SQ. LOTNO. ACRES SQ LOT ACRES SQF  2 0.147 6,421 47 0.161 7,003 0,138 6,000 0.142 6,179 0.167 7,260 0.194 8,464 0.172 7,510 0,198 6,610 0,148  0111 4,840 0.232 10,089  0.171 7,459 0:240 0.165 7.169 49 0.144 0.139 6,050 0.139 6.050 51 0,139 6,050 52 0,139 6,050 0,139 6,050 54 0,139 6,050 0,140 0.139 6,050 0.110 0.139 6,050 57 0.110 0,139 6,050 0.110 0,139 6,050 0.110 0,139 6,050 60 0,110 0138 5,998 0.110 0234 10,208 62 0.110 0.274 11,940 0,110 0.45 6299 0.110 0.134 5,850 65 0.110 21 0,134 5,850 0,110 22 0134 5,850 67 0.110 4,80 0134 5,850 0.110 4,800 24 0.134 5,850 0.110 25 0.134 5,850 0.110 4,800 0.134 5,850 27 0.134 28 0.134 5,850 73 0.275 11,988 0.133 5,801 30 0220 9,597 75 0,133 31 0319 13,910 76 0.134 5,850 0.177 7,690 0.132 33 0.152 6,600 78 0.132 34 0,138 6,000 79 0.132 5,750 35 0,138 6.0 0,132 5,750 0.138 6.,00 0.132 37 0.138 6,000 0.132 5,750 38 0138 6,000 0.132 5,750 39 0.138 6.000 0.130 5,675 40 0138 6,000 0.134 5,855 41 0.198 6,000 0212 9,236 42 0.138 6,000 43 0.138 6,000 0.135 5,897 0138 6,00 0.138 6,00 0.138 6,000 0138 6,000 0.138 6,008 0.138 6,000  0.138 6,000 0,139 0.138 0.139 4 0.257 0908 39,555 0.139 6,050 5 0.175 0,139 6,050 7 0170 0.146 0437 0,147 0.147 0,147 12 0.172 7,497 0.147 13 0261 11,373 0.147 14 0249 10,859 0,147 15 0.171 7,458 0.145 16 0181 7,866 0.139 1-X 0,085 3,591 0,139 6,050 17-x 13.783 600,374  7,260 0.173 7,539 0.143 6,240 2 0,190 8,288 0.120 5,208 Q.111 4,840  6,050  0.173 7,539  6240 0,184 8,003 0.119 5201 0.111 4B40 0,139 6,050  0.173 7,539 0.143 6,240 0.179 7,802 0117 5,076 0.111 4840 0.139 6,050 0173 7,529 0.157 6837 6 0,139 6,050 0111 4,840 Q111 4,840 0139 6,050  0,139 6,050 0.175 7,604 0,169 7,363 0.143  5 0.161 7,003  0.111 4,840 0111 4,840 0.139 6,050  7,344  8 0172 7,480 0173 7529 0.158 6,885 7 0.139 0,172 7,481 0.173 7,529 8 0.158 6,878 0,139  0111 8 0111  0.111 4,B40 Q,139 6,050 0.111 4,840 0.139 6,050 Q.111 4,840 8,132 0,145 6,325 6,050 0.173 7,527 6,050 0.139 6,050 0,139 6.050 6,050 6,050 0.295 12,853 0.139 6,050 0.139 Q,139 0.139 6,050 0152 6819  10 0,172 7,481 9 0202 8798 9 0.160 6,968 0,139 6,050 9 0.111 4,840 0.111 4,840 0.139 6,050 11 0.174 7,598 10-X 0.126 5495 10 0.190 8277 0,139 6,050 10 0.111 4,840 0.111 4,840 0.173 7,535  11-X 0.125 5,449 11 0.139 6,050 11 0111  0,139 12 0.111 4,840 0111 4,840 12 6,655 13 0.139 13 0.111 4,840 Q111 4,840 14 0.139 14 0.111 0,139 6,050 15 0111 0.179 7.,778 16 0,118 17 0.145 6,317 17 0.125 0.111 4,840 18 0,125 19 0.111 4,840 19 0125 20 0.111 4,840 20 0.159 21 0111 21 0173 22 0.111 4,840 22 0.139 23 0.111 23 0.139 24 0.111 24 0,139 25 25 0.111 25 0,139 26 0.111 26 0139 1-X 0740 32244 27 0.111 4,840 27 0139 28 0.111 28 0139 29 0.111 29 0139 30 0.111 4,840 30 0.139 31 0.111 31 0199 32 0.111 4,840 32 0139 33 0116 5,070 33 0139 34 0.127 5,541 34 0.141 35 0.129 5,600 35 0.147 36 0.128 5579 0143 37 0.11 5131 37 0.186 8,084 38 0.120 5,230 0.145 6321 0.058 2,523  4,800 0.146  FINAL PLAT LAKEHAVEN PHASE 4 262F RESIDENTIAL LOTS, 9OPEN SPACE" "X"LOTS, ANDI RIGHT-OF-WAY DEDICATION 68.107ACRES ELIJAHB. REED ABSTRACTNO. 739 TEXAS KimleyHorn TANAESB2O EL AVAZIDA    SIZE SETB  dhukdhbik  50x120 LOT  STANDARDE 50'x120' LOT  FINAL PLAT LAKEHAVEN. PHASE4 262F RESIDENTIAL LOTS, 9OPEN SPACEX"LOTS, AND RIGHT-OF-WAYI DEDICATION 68.107A ACRES ELIAHB. REED 739 CITYOF KimleyHorn rawnbz AUCIZON ESIESO  FaxNo.9    Agenda Section Regular Agenda Section Number VILE. Subject To From Date Attachment(s) Resolution  Proposed Voluntary Annexation R-2024-0916-001 Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:/www. farmersvilletx. comovemmentagenoa: and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Motion/secondivote D Approve Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve Disapprove Movei item to another agenda. No motion, no action    RESOLUTION NO. R-2024-0916-001  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Farmersville, TEXAS, GRANTING A PETITION REQUESTING ANNEXATION INTO THE CORPORATE LIMITS OF THE CITY OF FARMERSVILLE BY LANDOWNER, SIVA AND BABITA MIKKILINENI, OF APPROXIMATELY 12.21 ACRES OF LAND OUT OF THE M C HAMILTON SURVEY, ABSTRACT NO. A 0422, TRACT 3, COLLIN COUNTY, TEXAS, BEING GENERALLY LOCATED SOUTH OF AUDIE MURPHY PARKWAY (U.S. HIGHWAY 380) AND IMMEDIATELY WEST OF 2245 EAST AUDIE MURPHY PARKWAY, AND BEING FURTHER DESCRIBED AND SHOWN IN MORE DETAIL IN THE ATTACHED EXHIBIT "A"; PROVIDING FOR THE INCORPORATION OF PREMISES; SETTING A PUBLIC HEARING FOR THE ANNEXATION; AUTHORIZING AND DIRECTING CITY MANAGER TO ENTER INTO A WRITTEN SERVICES AGREEMENT FOR THE PROPERTY; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO HAVE NOTICES OF SUCH PUBLIC HEARING BE PROVIDED AS PRESCRIBED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about August 27, 2024, Siva and Babita Mikkilineni ("Owner"), owner of an area of land described hereinbelow (the "Property"), filed a written petition (the "Petition") with the City of Farmersville, Texas (the "City"), to have the Property WHEREAS, the City Council of the City ("City Council") directs publication, mailing and distribution of notice(s) for a public hearing, as required by Chapter 43 of the Texas Local Government Code, to consider the annexation oft the Property; and WHEREAS, the City Council has investigated into, has determined and officially finds that no part of the Property is within the extraterritorial jurisdiction of any other WHEREAS, in accordance with Chapter 43 of the Act, City Council hereby directs the City Manager to enter into a Written Services Agreement for the Area WHEREAS, the City Council has found and determined that the Petition is appropriate and that itis in the best interest of the City to grant the Petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY SECTION 1. The recitals and findings set forth above are true and correct and arei incorporated into the body of this Resolution as iffullys set forth herein.  annexed into the corporate limits oft the City; and  incorporated city or town; and  between the City and the Owner; and  OF FARMERSVILLE, TEXAS, THAT:    SECTION 2. A true and correct copy of the Petition is attached hereto as SECTION3. The City Council hereby grants the Petition requesting the annexation into the corporate limits of the City by the Owner of the Property, more particularly described and depicted in Exhibit A of the Petition, attached hereto and incorporated as ifs set forth fully herein, and authorizes the City Manager to enter into a Written Services Agreement fori the Area between the City and the Owner. SECTION 4. On October 7, 2024, at 6:00 p.m. at the City of Farmersville Council Chambers at City Hall, located at 205 S. Main Street, Farmersville, Texas 75442, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City oft the Property. SECTION 5. The City Secretary of the City is hereby authorized and directed to cause notice of such public hearing called by Section 4 to be published once in a newspaper having general circulation in the City and in the above-described territory and shall be posted on the City's website on or after the twentieth (20th) day but before the tenth (10th) day before the date of such public hearing, in accordance with Chapter 43 of the Texas Local Government Code. In addition, such notice shall be mailed to any school district or public entity providing services to the Property on or after the twentieth (20th) day but before the tenth (10th) day before the date of the public hearing. SECTION6. The City Council hereby finds, determines and declares that the meeting, at which this Resolution is passed, approved and adopted, was open to the public, and that the public notice oft time, place and subject matter to be considered was SECTION 7. This Resolution shall be effective from and after its passage as PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, this 16th day of September 2024.  Exhibit "A" and incorporated as if set forth fully herein.  posted as required by law. provided by law.  Craig Overstreet, Mayor  ATTEST:  Tabatha Monk, City Secretary    Exhibit' "A" - Petition for Annexation REQUEST FORA ANNEXATION TO1 THEI MAYORA AND CITY COUNCIL OF FARMERSVILLE, TEXAS: Sivas & Babita! Mikkilineni in my capacity as a described tract ofl land (the" "Property"), which Property is vacant andv without residents, orony which Property fewer than three quallied voters reside, hereby requests thatt the City ofF Farmersville, Texas annex the Property Intot the City's corporate limits soasto include as part of the City of Farmersville, Texas, thef following described Property, to A tract of land situated within the CMHamllon Number 422 Collin Counly, Texas and being the same tract of land conveyed to SiveBabiteM Mikilineni bya deed filed for record at Collin County Clerk's Document No. 2012070690819280 in the Deed Records of Collin County, Texas and saidt tractof land being more particularly described by metes andb bounds as follows: "Beginningat! See attached description  of  the owner of the hereinafter  wit:  Survey, Abstract  totheF Point of Beginning.  Said tract of land containing 531,851 531745 square feet or #6812.210 acres, morec or less." lhereby certify thatt the Property is contiguous and adjacent to the Cityo of Farmersville, Texas, andt thatt this Requestf for Annexation Is signed and duly acknowledged by each ande every person! having ani interesti ins saidland.  M-V-N. Siva peouel By: I Malukk Name: Siva/Mikllinenl, Babita MIKAlineni Title: Owners    THES STATE OF TEXAS COUNTY OF foll  BEFORE MME, the undersigned authorly, on this day personally appeared Bwhit5vA Mkk In_ his capacitly as (Wnrs name is subscribed to the. foregoing instrument and acknowledged to me that he executed thes same fort the purposes and consideration therein expressed. Given under my hand and seal of office, this 24M day of Augut  of  known tomet tobet the personv whose  20ZL  las lonil Notary Publicinandfor Tullia County, Texas.    EXHIBIT "A" METES ANDE BOUNDS DESCRIPTION BEINGa tract ofland situgted in the Morgan C. Hamilton Survey, Abstract No. 422, City of Farmersville Eagle Loke Tract, Collin County, Texas, being allofa_tract conveyed to Siva.P. Mikkilineni and Bdbito Mikkilineni, by deed recorded in Instrument No. 20120706000819280 of the Deed Records of Collin County, Texas, with the subject tract being more particularly described as follows: BEGINNING at the southwest corner of the herein described tract at the northwest corner ofa tract of lond conveyed to D17 Homeploce Holdings, LP, by deed recorded in Instrument No. 2022000081193 of the Deed Records of Colin County, Texas, and lying in the east line of Lot1, Block Aof Home Grown Addition, addition to Collin County, Texas, according to the map thereof recorded in Instrument No. 2021-642 of RE THENCE, N 0310430" E, 566.96 feet to the corner ofo tract of land conveyed to Heritage Operating. LP., by deed recorded in Instrument No. 20041025001551790 of the Deed Records of Colin THENCE, N 895800" E, 295.89 feet to the southeast corner of said Heritage Operating troct; THENCE, N 033441" E, 234.99 feet to the northeast corner of said Heritage Operating tract and lying at the southwest corner ofa troct ofland conveyed tot the State of Texas, by deed recorded in County Clerk's File No. 08-000575800 of the Deed Records of Colin County, Texas, and being the new southern right-of-wayl line of U.S. Highway 380 (varidble width right-of-way): THENCE, S 89'50'02" E, 184.80 feet toa point for corner in said south right-of-way line of said State of THENCE, N 842530" E, 201.00 feet toa point for comner in said south right-of-way line of said State of THENCE, S 8951'52" E, 46.83 feet to the northwest corner ofa tract of land conveyed to Mikilineni, LLC, by.deed recorded in Instrument No. 2023000092381 of the Deed Records of Colin County, Texas; THENCE, S 0118'20" E, 771.95 feet to the southwest corner of said Mikkilineni tract and lying in the north THENCE, S831042" w, 372.58 feet to a point for corner lying in said north line of D17 Homeplace Holdings THENCE, 89'29'33" W, 420.31 feet to the POINT OF BEGINNING with the subject troct containing 531,851 "This document was prepared under 22 TAC $663.21, does not reflect the results of on on the ground survey, and is not to be used to convey or establish interests in real property except those righis and interests implied or by the creation or reconfiguration of the boundory of the political subdivision Planning and Zoning Commission and/or City, Council action on plats, or plans relating to  Plat Records of_COlin County, Texas; County, Texas;  Texos tract; Texas tract;  line ofs said D17H Homeploce Holdings tract; tract; squore feet or 12.210 acres of land. for which itwas prepared." Approval plat, or plan, of the zoning development this property shall be considered as SPIARS  this exhibit shall not or the imply initiation approval of DRe any development associated process. study,  from action taken on this zoning  ZONING EXHIBIT MORGAN C. HAMILTON SURVEY,A-422 COLLIN COUNTY,TEXAS FARMERSVILLE EAGLELAKE TRACT  PAGE1OF2    Basis of bearing: Plane entral Adjustment  U.S. HIGHWAY380 VARIABLE WDTH 5895152"E 46.83    $895002'E NB4P2530E 184.80 201.00  8 N8995800'E 295.89  SivaP. BabitaN Milinen! Inet. No. 20120708000819280 DRCCT 12.210 Acres (531,851S.F.)  563042W-5256  33" POINT OF D17Hon Inet. No. neplacel Holdinge.LP BEGINNING  PAGE2OF2  SSISPIARS  ZONING EXHIBIT MORGAN C. HAMILI TONS SURVEY,A-422 COLLIN COUNTY, TEXAS FARMERSVILLE EAGLELAKE TRACT  9    Agenda Section Regular Agenda Section Number VII.F. Subject To From Date Attachment(s) Resolution  Proposed Voluntary Annexation R-2024-0916-002 Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:/www. amersylletx.com/govemmenlagendas: and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Motion/secondote D Approve Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve I Disapprove Move item to another agenda. No motion, no action    RESOLUTION NO.R-2024-0916.002  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, GRANTING A PETITION REQUESTING ANNEXATION INTO THE CORPORATE LIMITS OF THE CITY OF FARMERSVILLE BY LANDOWNER, MIKKILINENI, LLC, OF APPROXIMATELY 9.417 ACRES OF LAND OUT OF THE M C HAMILTON SURVEY, ABSTRACT NO. A 0422, TRACT 21, COLLIN COUNTY,TEXAS, BEING MORE COMMONLY KNOWN AS 2245 EAST AUDIE MURPHY PARKWAY, FARMERSVILLE, TEXAS, AND BEING FURTHER DESCRIBED AND SHOWN IN MORE DETAIL IN THE ATTACHED EXHIBIT "A"; PROVIDING FOR THE INCORPORATION OF PREMISES; SETTING A PUBLIC HEARING FOR THE ANNEXATION; AUTHORIZING AND DIRECTING CITY MANAGER TO ENTER INTO A WRITTEN SERVICES AGREEMENT FOR THE PROPERTY; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO HAVE NOTICES OF SUCH PUBLIC HEARING BE PROVIDED AS PRESCRIBED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about August 27, 2024, Mikkilineni, LLC ("Owner"), owner of an area of land described hereinbelow (the "Property"), filed a written petition (the "Petition") with the City of Farmersville, Texas (the' "City"), to have the Property annexed WHEREAS, the City Council of the City ("City Council") directs publication, mailing and distribution of notice(s) for a public hearing, as required by Chapter 43 of the Texas Local Government Code, to consider the annexation oft the Property; and WHEREAS, the City Council has investigated into, has determined and officially finds that no part of the Property is within the extraterritorial jurisdiction of any other WHEREAS, in accordance with Chapter 43 of the Act, City Council hereby directs the City Manager to enter into a Written Services Agreement for the Property WHEREAS, the City Council has found and determined that the Petition is appropriate and that itis in the best interest of the City to grant the Petition. NOW, THEREFORE, BE ITI RESOLVED BY THE CITY COUNCIL OF THE CITY SECTION 1. The recitals and findings set forth above are true and correct and are incorporated into the body oft this Resolution as iffully set forth herein.  into the corporate limits of the City; and  incorporated city or town; and  between the City and the Owner; and  OFF FARMERSVILLE, TEXAS, THAT:    SECTION 2. A true and correct copy of the Petition is attached hereto as SECTION 3. The City Council hereby grants the Petition requesting the annexation into the corporate limits of the City by the Owner of the Property, more particularly described and depicted in Exhibit A of the Petition, attached hereto and incorporated as ifs set forth fully herein, and authorizes the City Manager to enter into a Written Services Agreement for the Property between the City and the Owner. SECTION 4. On October 7, 2024, at 6:00 p.m. at the City of Farmersville Council Chambers at City Hall, located at 205 S. Main Street, Farmersville, Texas 75442, the City Council will hold a public hearing giving all interested persons the right to appear and be! heard on the proposed annexation by the City of the Property. SECTION 5. The City Secretary of the City is hereby authorized and directed to cause notice of such public hearing called by Section 4 to be published once in a newspaper having general circulation in the City and in the above-described territory and shall be posted on the City's website on or after the twentieth (20") day but before the tenth (10th) day before the date of such public hearing, in accordance with Chapter 43 of the Texas Local Government Code. In addition, such notice shall be mailed to any school district or public entity providing services to the Property on or after the twentieth (20") day! but before the tenth (10th) day before the date of the public hearing. SECTION 6. The City Council hereby finds, determines and declares that the meeting, at which this Resolution is passed, approved and adopted, was open to the public, and that the public notice of time, place and subject matter to be considered was SECTION 7. This Resolution shall be effective from and after its passage as PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF  Exhibit "A" and incorporated as ifs set forth fully herein.  posted as required by law. provided by law.  FARMERSVILLE, TEXAS, this 16th day of September 2024.  Craig Overstreet, Mayor  ATTEST:  Tabatha Monk, City Secretary    Exhibit "A"-P Petition for Annexation REQUEST FORA ANNEXATION  TOT THEN MAYOR ANDCITY COUNCIL OF  TEXAS: my capacity as President of the owner of the hereinafter  a  described tract ofland (he "Property"), which Properly Is vacant and without residents, or ony which Property fewer thant three qualified voters reside, hereby requests thatt the Clly of Farmersvlle, Texas annex the Property intot the City's corporate limits so asto include as part of the City of Farmersville, Texas, thef following described Property, to A tract of land situated within the CMHamiton Number 412 Collin County, Texas and being the same tract of land conveyed to MiMAlinenl LLC bya deed filed for record at Collin County Clerk's Document No. 2023000092381 in the Deed Records of Collin County, Texas ands sald tract ofl land being more particularly described by metes andb bounds as follows: "Beginning: at See attached description  wit:  Survey, Abstract  tothePointo ofBeginning. square feet or  Said tract of land contalning 9.417 acres, more orl less." lhereby certifyt thatt the Property is contiguous anda adjacent to the Cityo of Farmersvlle, Texas, and that thls Request for Annexation! Is signed and duly acknowledged by each ande every person havinga ani interesti ins saidland.  ByMV-N Sna ASanac! Name: Title:    THES STATE OF TEXAS COUNTYOF Clln  BEFORE ME, the undersigned authority, on this day personally, appear aMicklinei in his capacity Aas mETeNr MEAlnuL mudtuahiu5 met to'be'the person/whose name is subscribed to the foregoing instrument and acknowledged to me that he executedt thes same fort thep purposes ando consideration therein expressed. Given under my hand and seal of office, this 24 day of Auqus+  2024.  VSai NotanyPubicinandlo Collin. County, Texas.  JAVALAXM    EXHIBIT"A" METES AND BOUNDS DESCRIPTION  BEING a tract of land situoted in the Morgan C. Hamilton Survey, Abstract No. 422, Collin County, Texas, partof a tract conveyed to Mikkilineni, LLC, by deed recorded in Instrument No. 2023000092381 of the beng Records of Collin County, Texos, with the subject tract being more particularly described as follows: BEGINNING at the northwest corner of the remainder of said Mikilineni troct and lying S 0118'20"E. 45.97 feet from the original northwest corner of said Mikilineni troct and lying.in the south line ofU.S. Highway  380 (varioble width right-of-way); THENCE, $89'5351" E, 408.17 feet: THENCE, S841112" E, 100.50 feet; County, Texas;  THENCE, 89:5351" E, 26.78 feet and lying in the west line ofa tract of land conveyed to Troy and. Cherie Hil Revocable Trust, by deed recorded inInstrument No. 2021119002370810 of the Deed Records of Collin THENCE, $01'42'06" E, 841.12 feet to the southwest corner of said Hill tract ond the northern line ofo tract of land conveyed to D17 Homeplace Holdings, LP, by deed recorded in Instrument No. 2022000081193 THENCE dlong said northern line of D17H Homeplace Holdings tract, the fllowing courses and distances:  of_the Deed Records of Collin County, Texas; S841151" W, 59.94 feet; N_30'2731"V W, 155.82 feet; S831042" W, 406.58 feet toa point lying in the eastern line ofat tract of land conveyed to SiviaP. Mikkilineni and Babito Mikilineni, by deed recorded in Instrument No. Records of Collin County, Texas; THENCE, N 01'18'20" W, 771.95 feet, along the eost line of said. Mikkilineni tract to the POINT OF BEGINNING with thes subject tract containing 410,217 square feet or 9.417 acres ofl land. "This document was prepared under 22 TAC $663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration oft the boundary of thep political subdivision Approval of the zoning case with exhibit imply approva! of any study, Planning and Commission and/or Council action on studies, or plans relating evelopment of mP property shall be  as an action separate from an taken on this e  of the Deed  for which it was prepared." plat, or plan,  initiation  SPIARS JobNo.  ZONING EXHIBIT MORGANC. HAMILTONS SURVEY,A-422 COLLIIN COUNTY, TEXAS 8/27/242-096 FARMERSVILLE EAGLELAKE TRACT  PAGE1OF2    U.S.H HIGHWAY380 WIDTH RIGHT-OF-WAY 589585"E 589535"E S84912"E 408.17  26.78 10050  DRCCCT POINTOF BEGINNING  Inet.N 2023000092381 DRCCT 9.417 Acres (410,217S.F.) 22  S8415"W 59.94  Inet. 022000 DRCCT  Basis bearing: Coordinate System, Central merican Zone 2011. SSPIARS Drawn:  PAGE2OF2  ZONING EXHIBIT MORGAN C. HAMILTON SURVEY,A-422 COLLIIN COUNTY, TEXAS FARKESVIIFEAGIEIAKET TRACT    Agenda Section Regular Agenda Section Number VII.G. Subject To From Date Attachment(s) Documents  Ratify a Contract Gladiator Roofing & Construction LLC Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) MtP/Aamerwleikcengosemmerlasenan: and minutes/cit  y council meetings. .php  Consideration and Discussion Action  Mation/secondivote DA Approve A Approve with Updates D Disapprove Motion/secondivote to continue to a later date. DA Approve I Disapprove Move item to another agenda. No motion, no action    Agenda Section Regular Agenda Section Number VI.H. Subject To From Date Attachment(s) Documents  FEDCI FY 2024-2025 Budget Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) Mtbph.lamesvlekcmsosemmentagends: and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Motion/secondvote D Approve DA Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve Disapprove Move item to another agenda. No motion, no action    Farmersville Economic Development Corporation (4A) Budget  2023-2024 2023-2024 2024-2025 Current Budget Revised Budget Proposed Budget  REVENUE  Sales Tax Interest Earned CBTX Interest Earned Independent Bank Interest Earned Texpool Total Revenue: Administration Expenses EDC Position AdminstatonPluleasional Services Meeting Expenses Dues/School/Travel Tex21 Legal Services Office Supplies Building Maintenance Total Administration Expenses MansinyspomoapAor. Marketing/Promotion Expenses/Adv Website update Chamber Sponsorship Rotary Sponsorship Collin College Sponsorship Small Business Conference Market Analysis EDC Round Table Total Marketing Expenses: Total Administration and Marketing Expenses Development Business Development Grant EDC Action Plan Performance Agreements Total Development Cost: Business Total Business Cost: Total Expenditures Revenue Vs. Expenditures Reserves  $ 385,000.00 60,000.00 2,800.00 $447,800.00 125,000.00 9,600.00 $ 18,000.00 $ 2,500.00 $ 4,500.00 1,200.00 $160,800.00 $70,000.00 $7,500.00 $1,000.00 $1,500.00 $3,500.00 $30,000.00 $1,500.00 $115,000.00 $275,800.00 175,000.00 15,000.00 $190,000.00  540,000.00 60,000.00 60,000.00 4,080.00 $- $664,080.00  132,500.00 5,000.00 3,000.00 15,000.09 2,500.00 4,500.00 1,200.00 20,000.00 $183,700.00 $54,000.00 $40,000.00 $2,500.00 $1,000.00 $2,500.00 $20,000.00 $1,500.00 $121,500.00 $- $305,200.00  200,000.00 10,000.00 25,000.00 $- $235,000.00  $465,800.00 $/18,000.00) 18,000.00  $- $540,200.00 $123,880.00 123,880.00    Farmersville Economic Development Corp 4A "ExhibitA" 2023-20240 OriginalB Budget 385,000.00 60,000.00 2,800.00 $447,800.00 125,000.00 9,600.00 18,000.00 2,500.00 4,500.00 1,200.00 $160,800.00 $70,000.00 $7,500.00 $1,000.00 $1,500.00 $3,500.00 $30,000.00 $1,500.00 $115,000.00 $275,800.00 15,000.00  REVENUE  2023-2024P Propsed Revised Budget 385,000.00 60,000.00 2,800.00 $447,800.00 125,000.00 9,600.00 18,000.00 2,500.00 4,500.00 1,200.00 $160,800.00 $70,000.00 $7,500.00 $1,000.00 $1,500.00 $3,500.00 $30,000.00 $1,500.00 $115,000.00 $275,800.00 175,000.00 15,000.00  Sales Tax InterestE Earned Independent Bank InterestE Earned Texpool Total Revenue: Administration! Expenses EDCF Position AdministnaionPolkasion.l Services Meeting Expenses Tex21 Legal Services Office Supplies TotalA Administration! Expenses anstmpsgpumonNpAaw MarketlingPromolion: Expenses/Adv Website update Chamber Sponsorship Rotarys Sponsorship Collino College Sponsorship SmallE Business Conference Market Analysis EDCF RoundT Table Total Marketing Expenses: Total Administration andN Marketing Expenses Development Facade GrantF Program EDC Action Plan  Total Development Cost: Business TotalE Business Cost: Total Expenditures Revenuevs. Expenditures Reserves  $90,000.00  $190,000.00  $365,800.00 $82,000.00  $465,800.00 $(18,000.00) 18,000.00    Agenda Section Regular Agenda Section Number VIL.I. Subject To From Date Attachment(s) Documents  FCDC FY2024-2025 Budget Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:/lwww.f farmersvilletx. comaoemmenlagenaas and minutes/cit  y council meetings.php  Consideration and Discussion Action  Motion/secondivote D Approve A Approve with Updates D Disapprove Motion/secondiote to continue to al later date. DA Approve I Disapprove Move item to another agenda. No motion, no action    Farmersville Community Development Corporation (4B) Budget  Revenue Sales TaxF Revenue Interest Total Revenues  Current 400,000 400,000  Proposed 600,000 600,000  2023-2024 Promotional 2024-2025 Promotional  Expenses Parks and Recreation Chaparral Traill Upgrade Project, MM5 5.110MM11.2 (PJ246) CityP Park Walk Bridge Project Rambler Park Swing Sets (PJ249) Real Estate Onion Shed Jws Spain Concession JWS Spain Field Parks Planning JwS Spain Backstop andn netting Totall Parks andR Recreation Museum Farmersville Heritage! Museum Storage ands Signs BanH Honaker Painting Total Museum  200,000.00 249,900.00 60,000.00 100,000.00 2,546.00 121,000.00 95,000.00 828,446.00 23,854 23,854 15,000 $ 5,000 $ 20,000  $ 200,000.00 $ 185,000.00 $ 121,000.00 106,000.00 612,000.00 6,485 $ 2,135 22,000 22,000  Civic Organizations COCE Events, Promotions, andF Publications (PJ237)" Welford School IDayE Event Total Givic Organizations Special Events Centennial IOldl Time Saturday Sparks ofFreedom (PJ238/280)* Audie Murphy Day Musicint the Park Summer Series 2023 (PJ265) Cops &F Rodders/National Night Out (PJ241/281)" Chaparral Trail Open! Day Event (PJ266) Total Special Events FCDC Projects" TheF Reiss Group Reserve Replenishment Total FDCDC Projects MaintnancaPiokasional Services Reimburse Cityo ofA Accounting Services Legal Services/FCDC Board Training Mays building taxes Total Maintenance/Prof. Svc./Marketing Carry Forward Expenses Total Expenses Revenue vs. Expenses Marketing percentage  5,000 $ 20,000 $ 20,000 5,000 $ 10,000 $ 10,000 30,000 $ 30,000 5,000 $ 5,000 15,000 $ 15,000 8,000 $ 2,666 15,000 6,060 $ 2,019 1,500 $ 1,500 45,560 $ 21,185 60,000 60,000 1,000 $ 10,000 2,000 13,000 $ 343,000 $ 439,560 $ (182,560)  15,000 $ 8,000 $ 6,000 6,216 $ 1,500 $ 36,716 5,400 $ 40,000 45,400 1,000 10,000 5,000 16,000 647,300 $ 323,116 (570,416)  15,000 2,666 S 2,072 $ 1,500 $ 5,400  Page 1of1  8/11/23    Agenda Section Regular Agenda Section Number VIL.J. Subject To From Date Attachment(s) Documents  Professional Services. Agreement Windsor Development Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) Mphmg.lamervlekcmosemperlagendin: and minutes/cit  y council meetings.php  Consideration and Discussion Action  Motion/secondivote D Approve D A Approve with Updates D Disapprove Motion/secondivote to continue to a later date. a Approve D Disapprove Movei item to another agenda. No motion, no action    PROFESSIONALSERVICES REIMBURSEMENT/PAYMENT AGREEMENT This Reimbursement, Agreement (this "Agreement"), effective as oft the 16th day ofs September, 2024 (the "Effective Date"), ist made and enteredi into by and between the City of Farmersville, Texas (the "City") and Clairemont Acquisitions, LLC ("Developer"), herein collectively referred to as ("Party" or "Parties").  RECITALS  WHEREAS, Developer owns approximately 239 acres of real property located in Collin County, Texas, and within the City's extraterritorial jurisdiction as depicted in Exhibit A attached hereto (the Development Land"); WHEREAS, the Developer intends to develop a high-quality, master-planned WHEREAS, the City and the Developer have no existing development agreement or other agreement between the parties with respect to the development of the Development Land or use ofay public improvement district or other similar special purpose district to finance costs of publici improvements necessary for the development WHEREAS, the Parties have determined that they wish to explore and negotiate the possibility of financing of a portion of the costs of the public improvements necessary for the development oft the Development Land may be achieved by means of a public improvement district or other similar special purpose district requested by WHEREAS, the Developer desires to develop the Development Land; and WHEREAS, the Parties hereto recognize that the City willi incur and continue to incur expenses, at reasonable market rates, through the entire review process until final completion of the development including but not limited to: professional services, legal publications, notices, reproduction of materials, public hearing expenses, recording of documents, engineering fees, attorney fees, financial consultants, special consultant fees, and fees for administrative time of City staff("City Expenses"). NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:  development;  ofthel Development Land; and  Developer in its application; and  Incorporation of Recitals. The recitals above are incorporated for all  purposes asi iff fully set forth herein.    2. Payment for Professional Services. The Developer shall deposit with the City $30,000 for payment of City Expenses necessary to conduct the review of the development financing options, municipal service and entitlement matters within ten (10)  days of receipt ofr request by the City:  (a) The City will pay City Expenses out of the amount deposited with the City and keep accounting of all charges for City Expenses incurred for the review and any unused contributions shall be returned to the Developer within 60 days of termination of this (b) Developer agrees that in the event the funds for City Expenses balance falls below $5,000, then Developer shall remit an additional amount oft not less than $10,000. (c) Int the event thel balance for City Expenses ise exhausted, upon notice, Developer shall pay thel balance owed in full within fifteen (15)days in addition to the remittance of the additional funds as provided (d) Int thei instance that deposits ofa additional funds are not timely made, the City has no obligation to incur any additional costs and City Expenses in connection with negotiating and exploring the development financing options, municipal service, entitlement matters and/or enteringi into development agreement. Failure of Developer to meet its obligations above may result int the suspension or revocation of any active development permits. 3. No Obligation to Establish PID. The Developer acknowledges that the City has no obligation to establish the PID or toi issue any bonds or other indebtedness with respect thereto, and nothing contained within this Agreement shall create any such obligation. The Developer's obligation to pay the City Expenses shall exist and continue independent of whether the PID or PID bonds or other indebtedness are approved. This Agreement shall confer no vested rights or development rights on thel Development Land or tot the Developer. Further, this Agreement shall provide no assurances, promises, or covenants to approve any development int the Development Land. 4. Termination. This Agreement shall terminate within eighteen (18)months oft the Effective Date or an earlier date upon (a) Developer's delivery of ten (10) calendar days' prior written notice of termination to the City or (b) City's delivery of ten (10) calendar days' prior written notice of termination to the Developer (the "Termination Date"); provided, however fees for City Expenses incurred by the City on or before the  Agreement.  above.    Termination Date may be funded under Section 1. Thel Parties may extend this Agreement iny writing at any time prior to the Termination Date. 5. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the transactions contemplated herein. Amendment. This Agreement may only be amended, altered or revoked by written instrument approved by the City Council. 7. Successors and Assigns. Neither City nor Developer may assign or transfer their interest int the Agreement without prior written consent oft the other Party. 8. Notice. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States Mail, Certified, with Return Receipt Requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing or when delivered by email, addressed to the intended recipient at the email  address shown below. City: City ofFarmersville Attention: City Manager 205 S.. Main St. Farmersville, TX 75442 Developer: Clairemont Acquisitions, LLC Attn: Mark Allen 500 West 7th Street, Suite 1220 Fort Worth, Texas, 76102 (817)247-5434  WithaCopyto: Amy Stanphill, Attorney Messer Fort, PLLC 6371 Preston, Suite 200 Frisco, Texas 75034 WithaCopyt to:  9. Interpretation. Regardless of the actual drafter of this Agreement, this Agreement shall, int the event ofa any dispute over its meaning or application, bei interpreted fairly and reasonably and neither more strongly for ora against either party. 10. Applicable Law. This Agreement is made, and shall be construed in accordance with thel laws of the State of Texas and venue shall liei in Collin County, Texas. 11. Severability. In the event any portion or provision oft this Agreement is illegal, invalid, or unenforceable under present or future law, then and in that event, itis the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, andi itis also thei intention oft the parties tot this Agreement that inl lieu of    each clause or provision that is found to bei illegal, invalid or unenforceable, a provision be added to this Agreement whichi is legal, valid and enforceable and lis as similar int terms as possible tot the provision found tol bei illegal, invalid or unenforceable. 12. Counterparts. This Agreement may be executedi in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one IN WITNESS WHEREOF, the parties have caused this Agreement to be executed  instrument.  effective as oft the Effective Date.  CITY OF FARMERSVILLE, TEXAS  By_  Craig Overstreet, Mayor  DEVELOPER CLAIREMONT ACQUISITIONS, LLC, a Texas limited liability company By: Name: Mark Allen Title: President    EXHIBITA  DESCRIPTION. ANDI DEPICTION OF THEI DEVELOPMENTLAND    Agenda Section Regular Agenda Section Number VIL.K. Subject To From Date Attachment(s) Documents  OpenGov Software Contracts Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http://www. ammersvletx.comovermentagencas and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Motion/secondivote D Approve Approve with Updates D Disapprove Motion/secondvote to continue to al later date. DA Approve Disapprove Movei item to another agenda. No motion, no action    Agenda Section Regular Agenda Section Number VII.L Subject To From Date Attachment(s)  Update Spain Athletic Complex Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:/www: farmersvilletx. comgpvermenvaseross and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Motion/secondivote D Approve Approve with Updates D Disapprove Motion/secondivote to continue to al later date. D Approve Disapprove Move item to another agenda. No motion, no action    Agenda Section Regular Agenda Section Number VII. M. Subject To From Date Attachment(s) Documents  Copeville SUD Wholesale Water Purchase and Sale Contract  Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) Mphaamerwisicencmspemmerlasenas: and minutes/cit  y council meetings. php  Consideration and Discussion Action  Motion/secondivote DA Approve A Approve with Updates D Disapprove Motion/secondvote to continue to al later date. DA Approve I Disapprove Move item to another agenda. No motion, no action    WHOLESALE WATER PURCHASE ANDS SALE CONTRACT Copeville Special Utility District  This Wholesale Water Purchase and Sale Contract (the "Contract") ise effective from and after the date of execution oft the last party to sign this Contract, by and between Copeville Special Utility District ("Purchaser"), a conservation and reclamation district created under Section 59, Article XVI oft the Texas Constitution and Chapter 65 oft the Texas Water Code, and the City of Farmersville, Texas ("City"), a Type A general-law municipal corporation. WHEREAS, Purchaser owns and operates a water utility system providing retail public water service under the authority of Certificate of Convenience and Necessity ("'CCN") No. 11376i issued! byt the Texas Commission onE Environmental Quality (TCEQ'), or its predecessor WHEREAS, City owns and operates a water supply distribution system to serve customers within its certification area defined by CCN No. 13009; and WHEREAS, City is a member of the North Texas Municipal Water District ("NTMWD") and has contracted with NTMWD for a supply of potable water ins sufficient quantities to serve existing customers oft the City and also to supply water to Purchaser as specified herein; and WHEREAS, the City initiated the sale of potable water to the Purchaser under a wholesale agreement dated July 1, 2009 (the "Original Agreement") that expired and was replaced by that certain agreement dated July 1, 2012 ('2012 Agreement"), and the 2012 Agreement was replacedb by that certain agreement dated March 21,2014(2014. Agreement"); WHEREAS, Purchaser and City desire to amend the 2014 Agreement; and WHEREAS, the City Council oft the City of Farmersville has duly authorized the sale of potable water tot the Purchaser as well as the execution oft this Contract by the City Manager, WHEREAS, the Purchaser's Board of Directors duly authorized the purchase of water from the City and the execution oft the contract by the President, attested by the Secretary. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are hereby acknowledged, and upon and subject to the terms and conditions hereinafter setf forth, the parties hereto mutually undertake, promise, and  RECITALS  agency; and  and  attested by the City Secretary; and  agree asf follows:  ARTICLE1 DELIVERYOF WATER  Section 1.01 Point of Delivery. Purchaser's water system is connected to the City's6- inch water main located on the east side of State Highway 78 approximately 511 feet south of  Wholesale Water Purchase And Sale Contract Copevile Special Utility District  Page 1of15    Pecan Creek Drive (hereinafter referred to as the' "Point of Delivery"). The Point of Deliveryi is equipped with a water meter and appropriate backflow prevention device.  Section 1.02 Delivery.  (a) City will deliver potable water taken from NTMWD to Purchaser at (or through) the Point of Delivery; provided, however, such delivery is conditioned upon Purchaser: () allowing the City to maintain and provide for the inspection oft the backflow prevention device att the Point of Delivery; () reimbursing the Cityf for its costs ofr maintenance. inspection and repairs device at the Point of Delivery within thirty (30) days after receipt of notice and invoice from the City; and (i) complying with all applicable orders, rules, regulations, statutes and ordinances regarding delivery and protection oft the public drinking water supply. (b) The water to be delivered shall be out of the existing main into the line of the Purchaser at the pressure which is maintained in the water supply system of the City. Itis hereby specifically agreed that the Purchaser may utilize the pressure which is maintained in the City's system for the movement oft the water herein contracted to be purchased through the distribution system of the Purchaser. Ifthe pressure ont the Purchaser's distribution system exceed the pressure on the City's distribution system at the Point of Delivery, the Purchaser shall install and maintain, at its expense, such additional devices as may be necessary to prevent backflow oft the water, subject toi inspection and certification! by City. Purchaser agrees to furnish, install, construct, maintain and operate, ati its own cost and expense att the Point of Delivery, alle equipment andi facilities necessary tor receive andi take water from the City's main. The equipment andi facilities will be operated by Purchaser ina accordance with the terms ofthis Section 1.03 Volume. Purchaser agrees to purchase a minimum of4 48,000,000 gallons of water per year from City during the term of this Contract whether such amount is actually taken or not. Ay year for purposes of the volume of water under this Contract ist the same as that OfNTMWD, October 1st to September 30th. The minimum gallon purchase amount shall ber reviewed annually and increased or decreased for the following year tot the actual amount taken if the Purchaser purchases more or less than 48,000,000 gallons of water during the previous year. The minimum gallon purchase amount may be decreased by a maximum of 20% per year if the Purchaser purchases less than 48,000,000 gallons of water during the previous year. The minimum gallon purchase amount may be decreased bya a greater amount provided the minimum amount ist transferred from the City to Purchaser by NTMWD. The City shall provide flow rates up to 1,000 GPM (gallons per minute) from the City's water supply system in accordance with Section 1.02 (b.)Delivery. Section 1.04 Metering Station. The parties tot this Contract acknowledge and agree that the metering station located att the Point of Deliveryi isl located so City and Purchaser both have unrestricted access to the metering station. Purchaser shall be responsible for the enclosure and security of the metering station and the general maintenance and mowing of  Contract.  the grounds in and about the metering station. Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page2of15    Section 1.05 Metering Equipment. In accordance with this Section: (a) Under the Original Agreement, Purchaser, at its own expense, designed, constructed. and installed all facilities and equipment required to take water from the City at the Point of Delivery, including any required tapping of the main, piping, meters, control devices and systems and appurtenances. All such materials and equipment that are not on the Purchaser's side oft the meter have become the property oft the City. (b) City further agrees tof furnish, install att the Point of Delivery the necessary metering equipment, including a meter, for properly measuring the quantity of water delivery to the Purchaser and to calibrate such metering equipment once every twelve (12) months. Ar meter shall meet current AWWA specifications for tolerance and testing. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the six (6) months period previous tos such test in accordance with the percentage of inaccuracy found by such test. If the meter fails to register for any period. the amount of water furnished during such period shall be deemed tol be the amount of water delivered ini the corresponding periodi immediately prior to the failure unless City and Purchaser shall agree upon a different amount. The metering equipment shall be read on or about the last business day of the month or at such time as agreed by the City and Purchaser. An appropriate official of the Purchaser, at all reasonable times, shall have access to the meter for the purpose of verifying its readings. Purchaser shall maintain, repair and provide fori inspection oft the backflow prevention device at the Point of Delivery. Purchaser shall be responsible for the cost of inspection, annual testing, maintenance, calibration, and repairs including the futurer replacement oft the backflow prevention device at the Point of Delivery as may be necessary within thirty (30) days after Section 1.06 Water Conservation and Drought Contingency. Purchaser has developed andi implemented water conservation and drought contingency plans meeting ther requirements ofT Texas Administrative Code, Title 30, SS 288.2a and 288. 20 (collectively" "Water Management Plan"). Purchaser shall implement, follow, andi flow-down toi its customers the City's drought contingency emergency response plans in accordance with the City's Water Management Plan. Any amendments to Purchaser's Water Management Plan shall be reviewed and Section 1.07 Water Quality. The water that the City delivers to Purchaser shall be potable water acquired from NTMWD thati is suitable for use by a publicv water supply and shall meet the quality criteria prescribed byt the TCEQI Drinking' Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems, Texas Administrative Section1 1.08 Title. The title to the water shall transfer from the City to Purchaser ont the discharge side oft the meter located att the Point of Delivery. Each oft the parties hereto agrees to save and hold each other party hereto harmless from all claims, demands and causes of action which may be asserted by anyone on account oft the transportation and delivery ofs said  Purchaser's notice or knowledge ofr malfunction.  approved by the City before taking effect.  Code, Title 30, Chapter 290, Subchapter F.  water while title remains ins such party. Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 3of15    Section 1.09 Approvals. All notices, approvals and consents required to be given by any provision ini this Contract shall bei in writing and signed by an authorized representative of Section 1.10 Backflow Prevention/Air Gap. The water delivered by the City to Purchaser will be delivered through a back flow prevention devicelair gap into Purchaser's water system atal location upstream of any Purchaser's customer as required by TCEQ rules. Section 1.11 Interruption in Service. Citys shall endeavor to provide Purchaser atl least seventy-two (72) hours advance notice of the commencement of routine maintenance and inspections that mayi impact the City's delivery of water to Purchaser. City will notify Purchaser ass soon asi isp practicable aftert the occurrence ofabroken line, pumpfailure or other emergency that may impact the City's delivery of water to Purchaser. The City reserves the right to discontinue orli limit service tot the purchaseri int times ofemergency when the City's water supply isi inj jeopardy as determined by the City Manager. City will similarly notify Purchaser of any loss of pressure or requirement for the issuance of a "boil order." Purchaser shall be responsible for providing such notice toi its customers as may be required by TCEQ. City shall not be responsible to Purchaser and Purchaser's customers or be liable for any claims or causes of action arising out of ane event off failure on the part oft the City to provide a constant flow of water to Purchaser regardless oft the cause ofs suchi interruption ofs service. Section 1.12 Purchaser System Issues. Int the event ofa a pressure loss in Purchaser's system or request fora' "boil order". the Purchaser shall promptly notifyt the City ofs such failure or problem and shall also provide such notice as may ber required by TCEQ. Int the event that Purchaser is issued any citations ori is made a partyt to an enforcement action brought by the TCEQ, Purchaser shall immediately notify City and shall further indemnify and hold City harmless from and against any claims or actions so brought together with the payment of any costs, attorney's fees andi fines as may be assessed. Finally, Purchaser shall promptly notify City, nol later than forty-eight (48) hours, after thei initiation ofa any enforcement action against Purchaser by TCEQ, or any other governmental agency or entity having jurisdiction over  the party giving such notice, approval or consent.  Purchaser and Purchaser's operations.  ARTICLE2 RATEANDI PAYMENTS  Section 2.01 Connection Fee. The existing Point of Delivery and meter shown below is used to deliver water to the Purchaser's system, for which there is no connection fee due or owed by Purchaser tot the City under this Contract. Any additional interconnection capability cost shall be negotiated separately on an' "asr needed" basis. Meter Type Meter Size Point of DistributionLocation) Enclosure 1 Mag Meter or 6" SH 78 (east side), 511 feet In-Ground' Vault  Turbine  south of Pecan Creek Drive  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page4of15    Section 2.02 Rate. Purchaser shall pay the following rates for water delivered by City (a). Wholesale Rate. The rate charged to Purchaser under this Contract shall be the rate charged by NTMWD to the City, plus an additional twenty percent (b): Separate Customer Class. Purchaser acknowledges that Purchaser is ina separate customer class from the other customers of City. (c) Monthly Payments. Purchaser shall pay to the City the wholesale rate ona monthly basis for water actually taken by Purchaser for the previous month. Duringt the first year of this agreement, Purchaser's annual minimum shall be prorated if the term isl less than 12 months. During the first full year beginning October 1st, the annual minimum shall be 48,000,000 gallons ort the amount taken during thei initial partial year, whichever is greater. Section 2.03 Due Date. The monthly payments shall be paid in full on or before the  under this Contract:  (20%6).  twentieth (20") day oft the month. Section 2.04 Other Charges.  (a) As additional consideration under this Contract, Purchaser shall pay to City one-third (1/3) oft the cost for improvements att the City's pump station, which shall include three (3) 1,500 GPM (gallons per minute) vertical turbine pumps, and associated yard piping, controls, ande electrical improvements. (b) Purchaser shall also pay directly for meter vault improvements toi include an upsized meter (ifr requested), concrete vault, sump pump, backflow prevention device, valves, meter bypass and associated electrical and SCADA control improvements at such time Purchaser determines the meter vault improvements are necessary. Purchaser shall allow the City to access meter reading data generated by SCADA Controls. (c) In the event any authorized assessments, production fees, or charges are imposed on the production, treatment, storage, or delivery of water received by Purchaser, the amount of such assessment, production fee, or charge shall be borne by Purchaseri in addition toa all other usage charges, and whenever City shall be required to pay, collect, or remit any assessment or charge by the state on water received by Purchaser, then Purchaser shall promptly pay or reimburse City fort the assessment or charge int the manner directed by City. Purchaser shall also pay all costs associated with the costs of maintenance, inspection and repairs including future replacement oft the vault, sump pump, piping, backflow prevention device, valves, bypass and associated electrical and SCADA controls on  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 5of15    Purchaser's side oft ther meter att the Point of Delivery.  Section 2.05 Default in Payments. All amounts due and owing to the City by the Purchaser shall, if not paid when due, bear interest at the Texas post-judgment interest rate under Texas law from the date when due until paid, provided that such rate shall never be usurious or exceed the maximum rate as permitted by law as set forth in Chapter 1204, as amended. Texas Government Code. If any amount due and owing by Purchaser tot the City is placed with an attorney for collection, the Purchaser shall payt to City, in addition to all other payments provided by this Contract, including interest, the City's collection expenses, including court costs and attorneys' fees as may be ordered by the court ort tribunal. The City may also, to the extent permitted by law, suspend delivery of water to Purchaser if Purchaser remains delinquent ina any payments due hereunder fora a period of sixty (60) days, andi is not required to resume delivery of water while Purchaser is sO delinquent. City may pursue alll legal remedies against Purchaser to enforce and protect the rights oft the City under this Contract. Section 2.06 Pledge of Gross Revenue. Purchaser represents and covenants to City that allp payments tober made byitundert this Contract shall constitute reasonable andi necessary "operating expenses" of its utility system, and that all such payments will be made from the gross revenues ofi its utility system. Purchaser represents and has determined that the water supply to be obtained from City is absolutely necessary ande essential tot the present andi future operation of its utility system, and, accordingly all payments required by this Contract to be made by Purchaser shall constitute reasonable and necessary operating expenses of the Purchaser's utility system as described above the effect that the obligation to make such payments from gross revenues of such utility system or systems shall have priority over any obligation to make any payments from such revenues, whether of principal, interest, or otherwise, with respect to all bonds heretofore orh hereafter issued byt the Purchaser. Purchaser agrees throughout the term of this Contract to continuously operate and maintain its utility system and to fix and collect such rates and charges for water services to be supplied by its utility system as will produce gross revenues in an amount equalt to atl least all ofi its payments  under this Contract.  Section 2.07 Payment under Protest. IfPurchaser at any time disputes the amount to be paid by it_to City, Purchaser shall nevertheless promptly make the disputed payment or payments, buti ifitis subsequently determined by agreement or court decision that the disputed amount paid by the Purchaser should have been less, or more, the City andlor Purchaser shall promptly revise the monthly payment ina a manner that the other party, will recover the amount Section 2.08 Rate Case. Ifa court, the TCEQ, or any federal or state regulatory authority finds that City's rates or policies for delivering water to Purchaser under this Contract are unreasonable or otherwise unenforceable, City has the option to terminate this Contract without liability to Purchaser. By signing this Contract, each party stipulates and agrees that the other party will be prejudiced ifa party avoids the obligation to pay the rates for water  due within a specifict time period.  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page6of15    specified in this Contract while accepting the benefits of obtaining water from the other party. Nothing in this Contract shall be construed as constituting an undertaking bya party tof furnish water to the other party except pursuant to the terms of this Contract. Each party stipulates and agrees that the initial rates and surcharge and the manner of calculating same do not violate the publici interest, and that the rates and policies are just and reasonable.  ARTICLE3  TERM OF COMTRACT.GOVERINMENTIAL FUNCTION Section 3.01 Initial Term. This Contract shall be effective on and from the date of execution oft the last party to sign this Contract, and shall continue in effect until September 30, 2029. Upon the effective date of this Contract, all prior wholesale water supply contracts between the parties shall be revoked and replaced by this Contract, save and except to the extent that water was supplied by City to Purchaser thereunder and which transactions shall Section3.02 Annual Renewal. This Contract will automatically renew annually ont the first day of October after the Initial Term unless City or Purchaser gives written notice atl least 120 days prior tot the renewal date that the party issuing the notice objects tot the renewal oft this Section 3.03 Termination. Upon termination, neither party will have any obligation tot the (a) Remove itsf facilities from property owned or controlled by the other party; (b) Pay or reimburse the other party all amounts that may be due upon the Section 3.04 No Waiver of Immunity. Nothing in this contract shall be construed as a waiver ofi immunity by either party. Purchaser and City specifically agreet that the City's actioni in supplying and selling potable watert to Purchaser by andt through this Contract is a governmental function oft the City and that such action does not constitute a proprietary function.  continue to be controlled thereby.  Contract. other excepte each party wil: and date oft termination.  ARTICLE4 METERING AND MEASUREMENT  Section4.01 Unit of Measurement. The unit of measurement for water delivered hereunder shall be 1,000 galions of water, U.S. Standard Liquid Measure unless otherwise  stated.  Section 4.02 Measuring Equipment.  (a) The meter and other equipment so installed by the City at the Point of Delivery under the Original Agreement shall remain the property of the City. Purchaser shall have access to such metering equipment at all reasonable times but the reading, calibration, and adjustment thereof shall be done only by the employees or agents oft the  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 7of15    City. Purchaser may install SCADA devices for the reading of the meter remotely. Such SCADA Controls shall also be made available for the City's use. For the purpose oft this Contract the original record or reading of the meter or meters shall be entered in the journal or other record book of the Cityi ini its office in which the records oft the employees or agents oft the party who take readings are or may bet transcribed. Upon written request oft the Purchaser, the City will give the Purchaser a copy of such journal or record book, orp permitt the Purchaser toh have access to the samei int the City's offices duringr reasonable (b) The City shall periodically test the meter for accuracy at the Point of Delivery, ifrequested in writing by Purchaser to dos so, int the presence ofar representative of Purchaser, and the parties shall jointly observe any adjustments which are made tot the meters in case any adjustments shall be necessary. If Purchaser has installed a check meter at the Point of Delivery, the same shall also be calibrated by Purchaser in the presence of a representative of the City and the parties shall jointly observe any adjustments made to the check meter as a result. City will provide to Purchaser and Purchaser will provide to City a copy of the meter calibration test(s) for their respective inspection reports. Ifthe Purchaser shall in writing request the City to calibrate itsr meters and the City shall give the Purchaser notice ofthet time when any such calibrationi is tob be made and a representative of the Purchaser is not present att the time set, the City may proceed with calibration and adjustment in the absence of any representative of the (c) Ifeither party at any time observes a variation between the delivery meter and the check meter installed by Purchaser, ifa any such check meter or meters shall be installed, such party will promptly notify the other party, and the parties hereto shall then cooperate top procure ani immediate calibrationt test andj joint observation ofa any adjustment and the said meter or meters shall then be adjusted to accuracy. Each party shall give the other party at least seventy- -two (72) hours notice oft the time of allr meter tests sot that the other parties may conveniently have a representative present. (d) Ifupon any test, the percentage ofi inaccuracy of City's metering equipment isf found to be in excess oft two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, andi if such time is not ascertainable, then for a period ofs six months. Iff for any reason any meters are out of service or out of repair so that the amount of water delivered cannot bea ascertained or computed from ther reading thereof, the water delivered during the period such meters are out ofs service or out of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best data available. For such purpose, the best data available shall be deemed tol bet the registration of any check meter or meters if the same have been installed and are accurately registering. Otherwise the amount ofv water delivered during such period may be estimated by () correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculation, or (i) estimating the quantity of delivery by calculating deliveries during the preceding periods under similar conditions when the meter or meters were registering  business hours for inspection.  Purchaser.  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 8of15    accurately.  (e) Purchaser may, at Purchaser's option and expense, install and operate a check meter to check each meter installed by the City, but the measurement of water fort the purpose oft this Contract shall be baseds solely ont the reading oft the City's meters. except in the cases hereinabove specifically provided to the contrary. All such check meters shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the City, but the reading, calibration and adjustment thereof shall be made only by the Purchaser. During any period when a check meter may be used under the provisions hereof for measuring the amount of fwater delivered, in which case ther reading, calibration and adjustment thereof shall ber made by the Purchaser with representation from the City. () If the Purchaser requests the City to test the City's meter, either more frequently than once every year requiredk byt this section orb because the City's meter and the Purchaser's check meter show different readings, the Purchaser will pay the costo of thet testi ifthe test shows that the meter is accurate (within two percent registration), but if the test shows that the meter is not accurate (in excess of two percent (2%) registration), then the City will pay the costs for conducting thet test.  ARTICLE5  DEFINITIONS: INTERPRETATIONS. AND NTMWDICITY CONTRACT Section 5.01 Definitions. In addition tot the terms defined above. the capitalized words and phrases shall have the meanings assigned to them int the City's water purchase contract with NTMWD ('NTMWD/City Contract") unless the context clearly requires otherwise. Section 5.02 Interpretation. The table of contents and caption headings oft this Contract aref forr reference purposes only and shall not affect itsi interpretation in any respect. Unless the context otherwise requires, words of the masculine gender shall be construed to include correlative words oft thei feminine and neuter genders and vice versa. This Contract and allt the terms and provisions shall be liberally construed to effectuate the purpose set forth herein and Section 5.03 NTMWD/City Contract. Purchaser acknowledges receipt of the NTMWD/City Contract and the NTMWD/City Contract is incorporated by reference into this Contract as if set forth verbatim herein. Purchaser acknowledges the following: () that Purchaser has read the NTMWD/City Contract provided toit itandi is familiar with all ofi its terms, and (i)t thatt this Contracti is subject and subordinatei in all respects tot thel NTMWD/City Contract. Purchaser agrees that nothing contained in this Contract willl be deemed to grantt to Purchaser any rights that would conflict with any of the covenants, terms and conditions of the NTMWD/City Contract, except as set forth in Section 5.04 of this Contract relating to the subordination oft the City's rights tor receive water. In the event of any inconsistencies between the terms of the NTMWD/City Contract and this Contract, the terms of the NTMWD/City Contract will control. Tot thee extent applicable and except as expressly provided! by this Contract  tos sustain the validity oft this Contract.  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 9of15    or inconsistent with this Contract, the Purchaser shall have the same duties tot the NTMWD save and except the obligation to make any payments NTMWD pursuantt to the NTMWD/City Contract. Purchaser expressly acknowledges that it will take no action to adversely affect the Section 5.04 Subrogation of City Water Rights. The City is aware that Purchaser plans to construct an additional take-point that will allow Purchaser to take potable water directly from NTMWD. Upon Purchaser entering into a contract with NTMWD for an initial take-or-pay amount equal to or greater than the contracted annual amount of water delivered by City to Purchaser under this Contract, the City agrees to request a corresponding reduction to the  tax exempt status OfNTMWD's or City's bonds.  City's annual take-or-pay amount from NTMWD.  ARTICLE6 GENERAL PROVISIONS  Section 6.01 Participation by the Parties. The parties tot this Contract each represent to the other that it is empowered by law to execute this Contract and other agreements and documents as are or may hereafter ber required toa accomplish the same. and that its execution oft this Contract have been duly authorized by action ofi its governing body. Section 6.02 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly ori inp part to carry outi its obligations under this Contract, other thant the obligation of the Purchaser to make the payments required under this Contract, then ifsuch party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after the occurrence oft the event or cause relied on, the obligation of the party giving such notice, sof far asi itis affected by such Force Majeure. shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, act of public enemy, orders of any king oft the government oft the United States of America or the State of Texas, or any civil or military authority, insurrection, riots. epidemics, landslides. lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents tor machinery, pipelines or canals, partial or entire failure of water supply, inability ont the part of NTMWD or City to deliver water for any reason, or ona account of any other causes not reasonably within the control oft the party claiming such inability. Section 6.03 Modification. No change, amendment, or modification oft this Contract shall be made or be effective that will affect adversely the prompt payment when due of all money required to be paid by the Purchaser under the terms oft this Contract. Section 6.04 Addresses and Notice. Unless otherwise provided herein, any notice of communication required to be given under this Contract by either party tot the other party shall be in writing and delivered by facsimile, by certified mail, addressed tot the party to be notified, with return receipt requested, or by personal delivery to the person designated by the other  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 100f15    party. Notice deposited in ther mail shall be deemed delivered to the other party three days after the date the notice is postmarked. Notice given in any other manner shall be effective upon receipt by the party to be notified. The following fax numbers and addresses shall apply for  purposes of delivering notice under this Contract: IftoCity: City ofFarmersville Attn: City Manager 205 S. Main Street Farmersville, TX75442 Fax: (972) 782-6604 Ifto Purchaser:  Copeville Special Utility District Attn: General Manager P.O. Box 135 Copeville, TX75121 Fax: (972) 853-0060  The City and Purchaser shall have the right from time tot time, and at any time, to change the respective addresses or fax numbers for notice by giving a minimum 10 days prior written Section 6.05 State or Federal Laws. Rules. Orders, or Regulations. This Contract is subject to all applicable federal and State laws and any applicable permits, ordinances, rules, orders, and regulations ofanyl local, state, orf federal governmental: authority having ora asserting jurisdiction but nothing contained herein shall be construed as a waiver ofa any right to question or contest any such law, ordinance, order, rule, or regulation in any forum having. jurisdiction. Each party represents that, to the best of their knowledge, no provisions of any applicable federal or State law. nor any permit, ordinance, rule, order, or regulation ofe either party willl limit or restrict the ability of either party to carry out their respective obligations under or Section6.06 Severability. The parties hereto specifically agreet thati inc case any one or more of the sections, subsections, provisions, clauses, or words of this Contract or the application of such sections, subsections, provisions, clauses, or words to any situation or circumstance should be, or should be held to be, for any reason, invalid or unconstitutional, under thel laws or constitutions ofthe State ort the United States ofAmerican, orinc contravention ofa any such laws or constitutions, suchi invalidity, unconsttutionalty, or contravention shall not affect any other sections subsections, provisions, clauses, or words of this Contract or the application of such actions, subsections, provisions, clauses, orv words toa any other situation or circumstance, and itisi intended that this Contract shall be severable and shall be construed and applied asi if any such invalid or unconstitutional section, subsection, provision, clause, or word hadi not been included herein, and the rights and obligations oft the parties hereto shall be  notice to the other party.  contemplated by this Contract.  construed and remain int force accordingly. Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 11of15    Section 6.07 Waiver. Notwithstanding anything to the contrary contained in this Contract, any right or remedy or any default hereunder, except the right of the City to receive the payments from the Purchaser, which shall never be determined to be waived, shall be deemed to be conclusively waived unless asserted by a proper proceeding atl law ori in equity within two (2) years plus one (1) day after the occurrence ofs such default. No waiver or waivers ofa any breach ord default (or any! breaches or defaults) by any party hereto or ofthep performance by any other party of any duty or obligation hereunder shall be deemeda a waiver thereof ini the future, nor shall any such waiver or waivers be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, character or description, under any Section 6.08 Venue. All amounts due under this Contract, including, but not limited to, payments due under this Contract or damages fort the! breach oft this Contract, shall bey paid and be due in Collin County, Texas, whichi is the County inv which the principal administrative offices of the City are located. Iti is specifically agreed among the parties to this Contract that Collin County, Texas, is the place of performance of this Contract, and int the event that any legal proceeding is brought to enforce this Contract or any provision hereof, the same shall be Section 6.09 Succession and Assignment. This Contract is binding on ani inures tot the benefit oft the parties hereto and their respective successors, representatives, and assigns. This Contract may not be assigned! by either party hereto without prior written notice to and approval by the other party, which consent may be withheld without cause. Section 6.10 Entire Contract. This Contract constitutes the entire agreement between the parties with respect tot the matters described herein. Section 6.11 Applicable Law. This Contract shall be governed by and construed in accordance with the laws oft the State ofTexas, and the obligations, rights, andr remedies ofthe parties hereunder shall be determined in accordance with such laws without reference to the laws of any other state orj jurisdiction, except for applicable federal laws, rules, and regulations. Section 6.12 Counterparts This Contract may be executed in counterparts, each of which shall be an original and all of which together shall constitute but one and the same Section 6.1 13 Officers and Agents. No officer or agent of City or Purchaser is authorized to waive or modify any provision of the Contract. No modifications to or rescission of this Contract may be made except by written agreement signed by authorized representatives of  circumstances.  broughti in Collin County, Texas.  instrument.  City and Purchaser.  Section6.14 Recitals. City and Purchaser agreet that the recitals int this Contract are true and correct and arei incorporated into thet terms oft this Contract. IN WITNESS WHEREOF, the parties hereto acting under authority oft their respective governing bodies have caused this Contract to be duly executed as oft the day and year first  above written.  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 12of15    Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 13of15    CITY OF FARMERSVILLE, TEXAS  By:  Benjamin L. White, City Manager  ATTEST: City Secretary  STATE OF TEXAS S COUNTY OF COLLIN S  Before me, the undersigned authority, on this day personally appeared Benjamin L. White, known to me to be the person whose name is subscribed tot the foregoing instrument and acknowledged to me that he executed the same as the act of the City of Farmersville, Texas, a Texas municipal corporation, asi its City Manager, for the purposes and consideration  therein expressed.  Given under my hand and seal of office ont this the. day of 2024.  Notary Public  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 14of15    COPEVILLE SPECIAL UTILITY DISTRICT, aTexas political subdivision  By:  James Rice, Board President  ATTEST:  Board Secretary  STATE OF TEXAS S COUNTY OF COLLIN  Before me, the undersigned authority, on this day personally appeared James Rice, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged tor me that he executed the same ast the act of Copeville Special Utility District, a Texas political subdivision, as its President, for the purposes and  therein  expressed.  Given under my hand and seal of office ont this the. day. 2024.  Notary Public, State of Texas  Wholesale Water Purchase And Sale Contract Copeville Special Utility District  Page 15of15    Agenda Section Regular Agenda Section Number VII.N. Subject To From Date Attachment(s)  Update regarding North Farmersville Water Supply Corp. Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) Mtbp/hp.lameryisicans and minutes/cit  ycouncil meetings. php  Consideration and Discussion Action  Motion/secondvote D Approve Approve with Updates I Disapprove Motion/secondiote to continue to al later date. Approve Disapprove Movei item to another agenda. No motion, no action    Agenda Section Regular Agenda Section Number VIL.O.. Subject To From Date Attachment(s)  WW Treatment Plan and Budget Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:lwww. famersyletx.comlgovermenlagendas: and minutes/cit  ycouncil meetings. php  Consideration and Discussion Action  Mation/secondivote DA Approve A Approve with Updates D Disapprove Motion/secondvote to continue to a later date. D Approve I Disapprove Move item to another agenda. No motion, no action    Agenda Section Regular Agenda Section Number VIL.P.. Subject To From Date Attachment(s)  Onetime Park Fee Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:/www. famersviletcom.govermenlagendas: and minutes/cit  ycouncil meetings. php  Consideration and Discussion Action  Motion/secondivote DA Approve Approve with Updates D Disapprove Motion/secondhvote to continue to a later date. DA Approve D Disapprove Move item to another agenda. No motion, no action    Park Development Fees &  Dedication  Bryan Wood Dévelopment Services Cityof Farmersville, Texas  Farmersville    Considerations:  Research and communication: with municipalities /real estate professionals did not suggest the existence of "parks closing fees" attached tor real estate For purposes of brevity, descriptions of fees, calculations, and individual municipal ordinances are summarized int this presentation. Thei informationin this report is abridged and presented for context. Refer to cited ordinances for In general terms, Parks Development Fees are often a factor of estimated costs of parks buildouts according to a master plan, divided by projected total population. Formula criteria varies from one municipality to the next. Example: Estimated Parks & Recreation Improvements (costs top public): $100M. Estimated Increasei in Households atE Build-Out Population: 25,000 Base Maximum Calculated Fee per Household: $4,000 Fees are deposited into a parksf fund account; not tob be Ufilized for facility maintenance. May be used for capital improvements or parkland acquisition.  transactions between as seller and buyer.  detail.    City of Melissa: Parkland Dedication  The City of Melissah has a Parkland Dedication ordinance for residential developments within the city and ETJ. The dedicationisf formulated at (1) acre of land dedication per (30) dwelling Iffewer than (125) dwelling units are to be developed, or dedication isl less than (5) acres, the developer may ber required to pay cash inl lieu of land "A landowner developer who is subject to parkland dedication may satisfy the obligation by a fee payment inl lieu ofl land or a combination of land and payment. When authorized by the city council, a landowner shall paya fee of ($1,623.62) per dwelling unit ini lieu of parkland dedication and  units.  dedication.  required improvements."    City of Anna Parkland Dedication  The City of Anna has a Parkland Dedication ordinance for residential developments within the city and ETJ. The dedication! is formulated: at (1) acre ofl land per (50)) proposed dwelling The dedication requirement may be met by payment inl lieu ofl land. Iffewer than (250) dwelling units are proposed, the city may require the developer to pay the applicable cash inl lieus ofl land. Cashi in lieu ofl land isf formulated at ($600) per dwelling unit. The City of Anna Code of Ordinances describes several different scenarios regarding exceptions and requirements for Parkland Dedication.  units.    City of Princeton Parkland Dedication  The City of Princeton has an ordinance for Parkland Dedication whichis applicable tor residential and commercial, mixed-use developments. Princeton's ordinances regarding Parkland Dedication are of ar more complex nature ini relation to others researched in this presentation. A deeper dive beyond Princeton utilizes a "living unit equivalen"" or (LUE) for calculating required "Thec average number ofpersons per dwelling unit in Princeton andt the Princeton ETJis hereby determined tobe3 3.0persons per unit. Thec citye engineer shall bet thef final arbiter ofthe amountofLUES aproject Residential developments whichi increase the subdivision LUE's by five or more, to include single-family, multi-family, condominiums, town homes, and mobile home communities are subject to dedication or cash inl lieu ofl land.  my summarized pointsi is suggested. Parkland Dedication:  generates forp purposes ofthis article."    City of Princeton Park Development Fee  City of Princeton levies a Park Development Fee to obtain a building permit to For single-family residential dwelling units (including duplexes), the fee is ($1,539.63). For mulfifamily dwelling units, the fee is ($1,099.73).  construct residential dwellings.    City of Josephine  City of Josephine's Park Dedication ordinance is essentially the same as City of Farmersville. City Administration advised me that they have varying arrangements with MUD developers; including building parks dedicated tot their city or generally  paying a flat fee per lot of ($300).    Conclusion  Thisi is an update to snapshot status of current research. Additional queries will be conducted with municipalities included int this report.  Bryany Wood Development Services Cityoffarmersille 2055. Mains Street Farmersville, Texas? 75442 (972).7 782-6151 (972)782-6604fox  Farmersville    Agenda Section Regular Agenda Section Number VII.Q.. Subject To From Date Attachment(s)  Monument Sign at Onion Shed Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:lwww.f farmersvilletx. comaovermenlagenas and minutes/cit  y council meetings. php  Consideration and Discussion Action  Motion/secondivote D Approve A Approve with Updates D Disapprove Motion/secondivote to continue to al later date. 0A Approve Disapprove Move item to another agenda. No motion, no action    Agenda Section Regular Agenda Section Number VII. R. Subject To From Date Attachment(s)  Safety on Hwy 78 near FISD Schools Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) Mtp/hm.lamerwleicansosemmenlagendis: and minutes/cit  y council meetings.php  Consideration and Discussion Action  Motion/secondivote DA Approve Approve with Updates D Disapprove Mation/secondivote to continue to a later date. DA Approve D Disapprove Move item to another agenda. No motion, no action    Agenda Section Regular Agenda Section Number VII.S. Subject To From Date Attachment(s)  P&Z recommendations regarding highway overlay district revisions  Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:/lwww.i famersyiletx.comlgovemmenlagendas. and minutes/cit  ycouncil meetings.php  Consideration and Discussion Action  Motion/secondivote D Approve Approve with Updates D Disapprove Motion/secondlvote to continue to al later date. D Approve Disapprove Move item to another agenda. No motion, no action    Agenda Section Regular Agenda Section Number VII.T. Subject To From Date Attachment(s)  Update regarding progress of Farmersville Lights Mayor and Council Members Ben White, City Manager September 16, 2024  Related Link(s) http:/www: fammersyilekx.comlgovemmenlagendas. and minutes/cit  yo council meetings.php  Consideration and Discussion Action  Motion/secondivote D Approve Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve Disapprove Move item to another agenda. No motion, no action    VIII. BUDGET WORKSESSION    IX. EXECUTIVE SESSION    X. REÇONVENE INTO OPEN SESSION    XI. ITEMS TO BE PLACED ON FUTURE AGENDAS    XII. ADJOURNMENT